The adoption of the Indian Constitution, which went into force on January 26, 1950, is celebrated on Republic Day, an official national holiday in India. Following the country’s independence from the British Raj in 1947, India became a republic when the Government of India Act of 1935 was superseded by the constitution. The Indian Constitutional Assembly accepted the document on November 26, 1949, and it became operative on January 26, 1950.
India gained independence from the British Raj on 15 August 1947, following a successful movement led by Congress under Mahatma Gandhi. The Indian Independence Act of 1947 partitioned British India into two independent British Commonwealth dominions. India became a constitutional monarchy, with George VI as head of state and Earl Mountbatten as governor-general. Laws were based on the existing Government of India Act 1935 and governed by the Constituent Assembly of India.
Fascinating facts about the Indian Constitution
The Constituent Assembly of India, led by Dr. B R Ambedkar, met in the Constitution Hall, now the Central Hall of Parliament House, on December 9, 1946. The drafting committee, which took nearly three years, drafted the Indian Constitution, the world’s longest written constitution. Dr. Rajendra Prasad became the first President of the Indian Union on the same day. The Constituent Assembly ceased to exist and became the Parliament of India under the new Constitution.
India’s supreme law, the Constitution of India, is the longest-written national constitution in the world. It outlines the political code, structure, procedures, powers, and duties of government institutions, as well as the rights, directive principles, and duties of citizens. The constitution replaced the Government of India Act 1935 and became the Republic of India. To ensure constitutional autochthony, the framers repealed previous acts of the British parliament in Article 395. India celebrates its constitution on 26 January as Republic Day. The constitution declares India a sovereign, socialist, secular, and democratic republic, ensuring justice, equality, and liberty for its citizens. The original 1950 constitution is preserved in a nitrogen-filled case at the Parliament House in New Delhi.
What kinds of modifications are there in the Indian Constitution?
While the Parliament alone has the authority to change a significant portion of the Constitution with either a simple majority or a special majority, only a small number of cases—roughly half of them—require the state legislature’s approval. A bill to alter the Constitution can be introduced in the Lok Sabha or Rajya Sabha, the two houses of parliament, rather than the state legislatures. However, a bill can be introduced by a minister or a private member without the prior president’s permission. Amendments can be made through a simple majority, special majority, or special majority and Ratification of Half of the States, without requiring prior permission.
The Constitutional Amendments, including the 61st Amendment, which increased the voting age to 18, the 52nd Amendment, which introduced the 10th Schedule, and the 101st Amendment, which introduced the Goods and Services Tax. Nevertheless, the founders also outlined the procedure for amending the document, and 27 changes have been made to it since it was ratified.
Furthermore, the most recent modification to the Indian Constitution of 2021 is The Constitution (One Hundred and Fifth Modification) Act, 2021. The Bill aims to provide State governments the authority to once again designate OBCs who are behind in terms of education and society.
kinds of constitutional modifications in India
Amendment with a simple majority; A simple majority of the members present and voting in the House is required to change a provision of the Indian Constitution. A simple majority can amend provisions about the creation of new states, changes to existing states’ boundaries or names, elimination or establishment of legislative councils in states, salaries and allowances for members of Parliament, privileges granted to the Parliament, its members, and its committees, granting the Supreme Court additional jurisdiction, citizenship acquisition, and termination, elections to the Parliament and state legislatures, administration of scheduled areas and scheduled tribes under the Fifth Schedule, and administration of tribal areas under the Sixth Schedule.
Amendment by special majority; The Rajya Sabha, a body of Indian parliament, has the power to amend provisions such as the Fundamental Rights and Directive Principles of State Policy through a special majority, which is a 2/3 majority. This method requires 167 votes, excluding the first and third categories. However, the Constitution does not specify a time frame for state legislatures to ratify or reject an amendment, nor does it address whether states can withdraw their approval after the amendment is submitted. This flexibility allows for more comprehensive and effective policy changes.
Amendment approved by half of the states and a special majority; with the approval of the states and a special majority of the parliament. The Constitution’s federal structure-related sections may be changed by a special majority of the Parliament or a simple majority of the state legislatures. But the formality ends the instant half the states agree. There is no deadline for the States to approve the law. In addition, the majority of all members in each House of the Parliament as well as two-thirds of the members present and voting constitute a special majority of the Parliament. Concurrently, ratification by more State Legislatures with a simple majority.