Constitution of India Test-1

Preamble states:

• “We, the people of India, having solemnly resolved to constitute India into a Sovereign , Socialist , Secular , Democratic Republic addicted to secure to all its citizens.
• Justice, social, economic and political, liberty of thought, expression, belief, faith and worship, Equality of status and of opportunity; and to promote among them all. Fraternity assuring the dignity of the individual and the unity and integrity of the Nation.

The Drafting Committee had seven members:

1. Alladi Krishnaswami Ayyar
2. N. Gopalaswami
3. B.R. Ambedkar
4. K.M Munshi
5. Mohammad Saadulla
6. B.L. Mitter
7. D.P. Khaitan

At its first meeting on 30th August 1947, the Drafting Committee elected B.R Ambedkar as its Chairman.

The Indian Constitution closely follows the constitutional system of the United Kingdom.

This can be seen by the fact that the Indian Constitution has borrowed the following features from the British Constitution:

• The office of the president of India is based upon the British Queen who is a ceremonial head of the state.
• The Cabinet system of government in India is based upon the Cabinet system as prevailing in the U.K.
• Our Prime Minister is also a replica of the British Prime Minister.
• The parliament type of government has also been adopted from the British system.
• Just like the U.K our Parliament is also bicameral, i.e it has two Houses, the Lok Sabha and the Rajya Sabha.
• The Lok Sabha, the Lower house of parliament in India, is also more powerful than the House of Commons in the United Kingdom.
• Like in the U.K, the presiding officer of Lok Sabha is also known as the speaker. Some of his powers are identical to those of the speaker in England.
• The privileges of the Members of Parliament in India are also similar to those enjoyed by their counterparts in the U.K.

• The drafting committee headed by Dr. B R Ambedkar prepared the first draft of the Constitution after taking into account the proposals of various committees.
• It was first published on 21 February 1948.
• The draft Constitution was considered for 114 days.
• Finally, on 26 November 1949,  the Constitution of India was adopted by the Constituent Assembly.

• The Right to Vote is neither Fundamental Right nor Constitutional Right but a mere Statutory Right or Legal Right. The right originates from the Constitution and in accordance with the constitutional mandate contained in Article 326, the right has been shaped by the statute, namely, RPA, 1951.
• A fundamental right, on the other hand, is guaranteed by the Constitution and allows a citizen to move Supreme Court for its enforcement.

• There are some directive principles are given in the constitution as in Part-IV and Part-V and Articale-50 of our constitution is separating the judiciary from executive as, “the state shall take steps to separate judiciary from the executive in the public services of the state.
• The final interpreter, protector &guardian of the Indian Constitution is the Supreme Court. It is the highest judicial forum and ultimate or final court of appeal under the Constitution of India.
• The Constitution of India provides justice for all.The duty of judges is considered to be very pious, therefore the constitution has provided for independence of judiciary so that they can remain impartial to serve the constitutional goals, act fairly, reasonably, free of any fear or favor.

 In the Berubari Union16 case (1960), the Supreme Court said that the Preamble shows the general purposes behind the several provisions in the Constitution, and is thus a key to the minds of the makers of the Constitution. Further, where the terms used in any article are ambiguous or capable of more than one meaning, some assistance at interpretation may be taken from the objectives enshrined in the Preamble. Despite this recognition of the significance of the Preamble, the Supreme Court specifically opined that Preamble is not a part of the Constitution.  

Because B.R. Ambedkar was highly educated in law all over the world he had approx 26 degree of eminent University and had read all the Constitution of that time . He was presumed to be a best law scholar of that time and was also a head of draft committee for Indian constitution. so he was made the father of constitution.

The constitutional power to  create new  states and  union  territories in  India  is solely reserved to the Parliament of  India .

Parliament  can  do so by announcing  new  states/union  territories, separating territory from an existing  state  or merging two or more states/union  territories or parts of them.

The Parliament of India is the supreme legislative body of the Republic of India.

The Parliament is composed of the President of India, the Rajya Sabha (Council of States), and the Lok Sabha (House of the People).