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(English) Sources of Indian Constitution - Indian Polity (DownSub - Com)
(English) Sources of Indian Constitution - Indian Polity (DownSub - Com)
But when you see the last Article of our constitution, it is Article no. 395, How
is this possible?
Hey everybody ! This is Priya and you are watching finology legal
In today's video we will get to know about the Sources of INDIAN CONSTITUTION
But before this, we will understand the present structure of our Indian
Constitution
When on 26 November 1949 our constitution was fully made and ready
Then there was total 395 Articles, 22 Parts and 8 Schedules were there
But Since 1949, total 103 new amendments are introduced in our Constitution till
present
So after all this changes, now our Constitution consists of 448 ARTICLES, 25 PARTS
and 12 SCHEDULES
When ever any new Amendment or any laws are introduced, They are introduced in
Alphabetic manner
For example we look 86th Amendment, this act has given us a new fundamental right
Right to Education, and this act was introduced in our constitution as article 21 A
so that's why, after having so many amendments the last article of our constitution
is Article 395.
And now what are the Parts and Schedules in our constitution, lets understand this
also
the articles present in our constitution are made up of topic wise specifically
if you see from Article 12 to Article 35, it tells all about our fundamental rights
like PART 3 describes about Fundamental Rights, PART 4 describes about Directive
Principles of State Policy
apart from this, all the Additional Details and the Lists are introduced as
Schedules
like SCHEDULE 1 and 4 Tells about the names of all States and Union Territories
Because already our Constitution was so lengthy, if we would added the Schedules in
to it
That's why for the simplicity, Constitution has been divided in Articles, Parts and
Schedules
In our Indian Constitution till now 124 amendments are proposed and from that 103
amendments act are passed
The very latest amendment act is 103rd Amendment Act which was passed in January
2019
It means the economically weaker section of General Category will be given 10%
reservation
When the Constituent Assembly of India began to make our constitution for the first
time
At that time we mainly we relied on these 11 sources for making our constitution
Along with this we will see that which important features we have inserted from
these sources
But before this In British India The law of The Land was The Government of India
Act 1935,
That's why, when we were making our Constitution the act of 1935 was the best
preference and source
We have took three important features from this act that are Emergency Provisions,
Public Service Commission
Means the Structure of Supreme Court, High Court and Subordinate Court was also
taken from here only
Along with this Federal Scheme of government and Office of Governer is taken from
here only
Second source was The US Constitution, from here the important thing we took was
the Fundamental Rights
and judicial review, In government of India Act there were no provisions regarding
Fundamental rights and fundamental duties
Next is Judicial Review, this ensures that, there should be no law that violates
the Fundamental rights
Apart from this the removal procedure of two very important post is taken from the
US constitution only
and the removal procedure of the judges of Supreme Court and High Court
Along with this we have taken from the US constitution is Preamble of our
Constitution and Independence of Judiciary
Third source is British Constitution, from here we have taken very core and
important features of Constitution
like Writs Right to Constitutional Remedies, the provision is given [Article 32 &
226]
what is WRITS and what is its functions to know that you can watch this video of
mine
Rule of Law states that, in any country government is not the Supreme only Law and
constitution are supreme
Next source is Irish Constitution, from here the important thing we have taken is
it is like a guide line about how to run a state government and what policies and
laws should be made for a state
along with this we have taken Method of Election of the president Article 55
And Members nomination to the Rajya Sabha by the President Part V Article 80
The important thing taken from here is Suspension of Fundamental Rights during
Emergency Article 356
Next is South Africa from here we have taken Amendment of the Constitution Part XX
Article 368 Election of members of the Rajya Sabha
Next is The Constitution of SOVIET UNION (USSR)
along with this we have taken The ideals of justice (social, economic and
political), expressed in the Preamble.
Next is CANADA, you will see there are two governments in India one is Central
Government and other is State Government
But Central Government has more powers, Federalism with strong central government
is taken from Canada
next thing we have taken is Advisory jurisdiction of the supreme court Article 143
Centre appoints the Governors of the states Art.155, 157 Residuary powers vest with
the centre Article 248 of the Constitution and Entry 97 of the Union List
Residuary power is that, which ever matter is not given in central, state and
Concurrent list
for that matter Centre has the powers to make a law on all that matters
The other source is Australia from where we have taken Concurrent List which is in
Seventh Schedule
Freedom of trade and commerce Part XIII, Article 301- 307 and Joint sitting of the
two Houses of Parliament Article 108
From France we have taken The ideals of Liberty, Equality, Fraternity and Republic
And last source is Japan from here we have taken Procedure established by law
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