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There are 448 Articles in our Indian constitution

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 this was all about 1949 only

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

To maintain the original numbering of the Articles present in our constitution

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

This specific topic wise arrangement is known as Parts

like PART 3 describes about Fundamental Rights, PART 4 describes about Directive
Principles of State Policy

like this only each Part states about specific Articles

Next is SCHEDULES, the provisions which are given in the Articles,

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

and what will be their territories it tells about that


SCHEDULE 2 describes about the Salary and SCHEDULE 8 tells that which languages are
the official languages

Now, like we included the Articles in to the Constitution,

like that only why we hadn't introduced Schedule in the Constitution?

Because already our Constitution was so lengthy, if we would added the Schedules in
to it

it could have become more complicated

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

This talks about EWS (Economically Weaker Section)

It means the economically weaker section of General Category will be given 10%
reservation

The provision for this is inserted in our constitution as 15 and 16 clause 6


(15(6) & 16(6) )

So this was about the current situation, now lets go to 1946-47

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

We will look after these sources one by one,

Along with this we will see that which important features we have inserted from
these sources

The first one is The Government of India Act of 1935,

The Constitution of Independent India came to force in 26 January 1950

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

and System of Judiciary

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

So from 1950 only Indians have got their fundamental rights

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

First is the removal procedure of the President which is called as Impeachment

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

Next we have taken from here Parliamentary Form of government

single citizenship, Parliamentary privileges and Rule of Law

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

Directive Principles of State Policy -Part VI Article 36-51,

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

Next is The Constitution of Germany which is called as (WEIMAR CONSTITUTION) also

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)

From here we have taken Fundamental duties Part IV A Article 51 A

which is like a moral obligations on citizens and for patriotism

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

all these we have taken from Australia

From France we have taken The ideals of Liberty, Equality, Fraternity and Republic

These all 4 important words you will get in our Preamble

And last source is Japan from here we have taken Procedure established by law

for this the important provision is Article no. 21

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thats it for now see you in next class. Bbye!

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