Understanding the Constitution of India
A constitution is the basic legal code that governs the governing systems of a country. A constitution is a written or unwritten document that contains a set of rules for a government. The origin of term 'constitution' is from the latin word 'constituere'. The constitution contains the fundamental political principles and establishes the structure, procedures, powers and duties of a government. The term constitution can be applied to any overall law that defines the functioning of a government. Constitution can be divided into two - Written and Unwritten. Examples for countries having written constitution are India, America, Australia, Brazil, South Africa etc. Examples for countries having unwritten constitution are Britain, Israel, France and New Zealand. Constitution is considered as 'Law of the Land'. The constitution of the nation is comprehensive and sovereign in nature.
Functions of the Constitution
■ The Constitution provides unity and security.
■ It specifies the authority to make decisions.
■ It sets limits on the powers of the government.
■ It specifies the goals and aspirations of society.
■ It specifies what the fundamental identity of the people is.
Historical Background of Indian Constitution
■ India has the largest written constitution in the world.
■ The first law to bring the influence of the British government in Indian politics was the Regulating Act of 1773.
■ The 'Governor General of Bengal' became the 'Governor General of British India' under the Charter Act of 1833.
■ The title of 'Governor General' was changed to the title of 'Viceroy' under the Government of India Act of 1858.
■ The administration of India came under the British Queen under the Government of India Act of 1858.
■ The Indian Councils Act of 1909, which granted Indians access to the Executive Council of the British Governor General (this Act is known as the 'Minto Morley Administrative Reforms').
■ The law that implemented the dual system of administration in the provinces - Government of India Act of 1919 (known as the 'Montagu-Chelmsford Administrative Reforms')
■ The Government of India Act of 1935 is the law that replaced dual administration in the provinces.
■ The plan that gave instructions to the Indians to prepare their own constitution is Wavell Plan (1945).
■ The act passed by the British Parliament on August 15, 1947, transferring the administration of India to the Indians is Indian Independence Act, 1947 (July 18).
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