From Enactment to Enforcement: A Comprehensive Guide to India's Constitution

Introduction

The Constitution of India contains the basic rules and beliefs that guide the country's democratic system. These rules include the fundamental rights and governing principles. It was enacted in 1950, but it has undergone numerous revisions to keep up with societal demands and shifting times.

The Constitution of India establishes a plan for how the government works and outlines the rights and duties of citizens. It covers everything from dividing power to safeguarding personal freedoms.

In this article, we will tell you “From Enactment to Enforcement: A Comprehensive Guide to India's Constitution”, describing how it was passed and how it was put into practise.

The Constitution of India

With 448 articles divided into 25 parts, 12 schedules, and 104 amendments, the Indian Constitution is the longest in the world. It was drafted by Dr. Ambedkar.

The President of the Assembly signed the Indian Constitution on January 26, 1950, making it the law of our independent nation. It was ratified on November 14, 1949. This day is now recognised as Indian Republic Day.

The Indian Constitution, which was written by hand over a period of nearly 2 years, 11 months, and 18 days, is the largest constitution ever.

The executive, judicial, and legislative branches make up India's three-branch system, which is modeled after the British Westminster system. The two Houses that make up the Indian Parliament are the Lok Sabha and the Rajya Sabha. Either House of Parliament may be summoned, and the Lok Sabha may be dissolved, by the President.

Enactment of the Constitution - Historical Background

A convention to draft a constitution was decided to be held in 1922 by the Annie Besant general assembly. One of India's most important constitutional initiatives, the 1925 Indian Commonwealth bill, was presented to the British Parliament.

The Motilal Nehru report, considered to be the first significant effort towards a full-fledged constitution, was published in 1928. Between 1930 and 1932, three round tables on constitutional reform were held.

M.N. Roy made his initial proposal in 1934 for the creation of the Constituent Assembly. During 1937–1939, the Congress Working Committee repeatedly requested that the Constituent Assembly adopt a constitution. The British government granted this request in August 1940.

The British government granted this request in August 1940. Due to non-compliance with the Congress' and the Muslim League's demands for a Constituent Assembly, the 1942 Cripps mission was unsuccessful.

Shimla Conference, 1945: From January to May 1946, the Cabinet Mission's recommendation led to the establishment of the Constituent Assembly.

Enactment of the Indian Constitution

The Constitution Hall, now known as the Central Hall of the Parliament House, was the site of the first meeting of the Constituent Assembly, which was chosen to draft India's constitution.

On December 9, 1946, the Constituent Assembly convened with 389 members who were indirectly selected by the Provincial Legislative Assembly.

The Mountbatten Plan of June 3, 1947, divided the country, but as a result, Pakistan's Constituent Assembly was established separately.

Representatives from several provinces that were no longer in existence led to the Council's membership being reduced to 299 people. On August 14, 1947, the Constituent Assembly met once more as the sovereign Constituent Assembly for the Dominion of India.

Date	Event
November 1946	Assembly formed.
December 9, 1946	First meeting of Assembly.
December 13, 1946	Jawaharlal Nehru presented the Objective Resolution.
January 1947	Objective Resolution was passed.
August 1947	Indian Independence Act, 1947.
November 1947	First meeting as legislatures.
November 4-9, 1948	reading of the final draft of the constitution.
November 15, 1948	second reading of the draft of the constitution.
October 17, 1949	Third reading of the draft.
November 14, 1949	The members approved and signed the draught constitution.
January 26, 1950	When the Constitution took effect, India became a republic.

FAQs

Q1. What is the enactment of the Indian Constitution?

Ans: The Indian Constitution is the governing law of the Republic of India. On November 26, 1949, the Constituent Assembly approved it, and on January 26, 1950, it went into effect. A parliamentary form of government with some unitary traits and a federal structure are established by the Constitution.

Q2. What were the parts of the Indian Constitution at time of enactment?

Ans: The world's longest sovereign state constitution is India. When it was enacted, it contained 395 articles split into 22 parts and 8 schedules.

Q3. Who is responsible for the enforcement of fundamental rights in India?

Ans: The High Courts and the Supreme Court have the authority to enforce fundamental rights. A person or a citizen may request the enforcement of fundamental rights and compensation for their violation in writ petitions before these courts.

Q4. How is enactment of laws done in India?

Ans: Upon passing in one House, the Bill is then sent to the other House for the second and third readings. A Bill is presented to the President for assent after it has been approved by both Houses of Parliament.

Q5. What is the first example of an enacted Constitution?

Ans: The preamble, seven original articles, twenty-seven amendments, and a sentence attesting to the constitutional convention's passage of the document constitute the 1789 United States Constitution. As a result, it is the first instance of a constitution that has been enacted.

Q6. What is enforcement of human rights in India?

Ans: The rights to life, liberty, equality, of the person as guaranteed by the Indian Constitution or as stated in international covenants and upheld by Indian courts are referred to as "Human Rights" in accordance with the Protection of Human Rights Act of 1993.