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explain the constitution

09 Jan explain the constitution

In its 1967 Golak Nath v. State of Punjab decision, the Supreme Court ruled that the state of Punjab could not restrict any fundamental rights protected by the basic structure doctrine. [20][31] Before adopting the constitution, the assembly held eleven sessions in 165 days. The Fetha Negest remained the supreme law in Ethiopia until 1931, when a modern-style Constitution was first granted by Emperor Haile Selassie I. This provision can be and has been abused to allow a government to suppress dissent without regard for human rights – see the article on state of emergency. A modified version of the Humble Petition with the clause on kingship removed was ratified on 25 May. Drafted by Major-General John Lambert in 1653, the Instrument of Government included elements incorporated from an earlier document "Heads of Proposals",[44][45] which had been agreed to by the Army Council in 1647, as a set of propositions intended to be a basis for a constitutional settlement after King Charles I was defeated in the First English Civil War. The makers of the Constitution of India were fully aware of this need. Making of the Indian Constitution: Short Note on the Making of the Indian Constitution on the occasion of 70 years of the Constituent Assembly of India, Down to Earth explains the incremental stages of the formulation of the Constitution. It was, however, written in the 18th century, and many of the ideas, concepts, words, phrases, and euphemisms seem odd to us today, if not down right foreign. 1.It provides for a democracy where elected representatives get the opportunity to rule the country. A seminal juncture in this line of discourse arose in England from the Civil War, the Cromwellian Protectorate, the writings of Thomas Hobbes, Samuel Rutherford, the Levellers, John Milton, and James Harrington, leading to the debate between Robert Filmer, arguing for the divine right of monarchs, on the one side, and on the other, Henry Neville, James Tyrrell, Algernon Sidney, and John Locke. But what of the Constitution itself? 1 answer "Most of the countries of the world keep changing their constitution as needed but the same Indian Constitutions is accepted even today as it was at the time of preparation." The most basic definition he used to describe a constitution in general terms was "the arrangement of the offices in a state". Such rule led some thinkers to take the position that what mattered was not the design of governmental institutions and operations, as much as the character of the rulers. We can examine these rights closer and look at why they are considered fundamental. [18] Thus, the constitution of India repealed the Indian Independence Act 1947 and Government of India Act 1935 when it became effective on 26 January 1950. [31], Historians including Donald Grinde,[32] Bruce Johansen[33] and others[34] believe that the Iroquois constitution provided inspiration for the United States Constitution. If the citizenry can coordinate a response to police government officials in the face of a constitutional fault, then the government have the incentives to honor the rights that the constitution guarantees. (1996). The Constitution of India is the longest written constitution of any country in the world,[3] with 146,385 words[4] in its English-language version,[5] while the Constitution of Monaco is the shortest written constitution with 3,814 words. The Constitution of India is the supreme law in India. A constitution, thus, can be safely said to be a social contract between the government and the people it governs. For example, in the Constitution of Australia, most of its fundamental political principles and regulations concerning the relationship between branches of government, and concerning the government and the individual are codified in a single document, the Constitution of the Commonwealth of Australia. The model proposed that constitutional governments should be stable, adaptable, accountable, open and should represent the people (i.e., support democracy).[48]. [55] It was adopted by the Great Sejm and is considered the first constitution of its kind in Europe and the world's second oldest one after the American Constitution.[56]. [82] John Marshall, the fourth chief justice of the United States, said that a constitution's "great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced from the nature of the objects themselves. (ii) Provisions of the Constitutional Amendment of 1992 are: (a) Now it is mandatory to hold regular elections to local government bodies. In the Principality of Catalonia, the Catalan constitutions were promulgated by the Court from 1283 (or even two centuries before, if we consider the Usatges of Barcelona as part of the compilation of Constitutions) until 1716, when Philip V of Spain gave the Nueva Planta decrees, finishing with the historical laws of Catalonia. Constitution definition is - the basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it. The English Protectorate that was set up by Oliver Cromwell after the English Civil War promulgated the first detailed written constitution adopted by a modern state;[42] it was called the Instrument of Government. Constitution of India is the supreme law of India. Constitutions may also provide that their most basic principles can never be abolished, even by amendment. Each built on the ideas of those before concerning what those principles might be. Uncodified constitutions are the product of an "evolution" of laws and conventions over centuries (such as in the Westminster System that developed in Britain). This finally met its demise in conjunction with the death of Cromwell and the Restoration of the monarchy. In addition, exceptional procedures are often required to amend a constitution. The Ordinance making power of the President can NOT be used to amend the Constitution. These procedures may include: convocation of a special constituent assembly or constitutional convention, requiring a supermajority of legislators' votes, approval in two terms of parliament, the consent of regional legislatures, a referendum process, and/or other procedures that make amending a constitution more difficult than passing a simple law. A constitutional violation is an action or legislative act that is judged by a constitutional court to be contrary to the constitution, that is, unconstitutional. One was away in America and his place was not filled up and another person was engaged in State affairs, and there was a void to that extent. The preamble, which is omitted in some constitutions, may contain a reference to God and/or to fundamental values of the state such as liberty, democracy or human rights. So it happened ultimately that the burden of drafting this constitution fell on Dr. Ambedkar and I have no doubt that we are grateful to him for having achieved this task in a manner which is undoubtedly commendable."[24][25]. A constitution is not a parchment of paper, it is a way of life and has to be lived up to. However, a great number of constitutions do not exceed more than 10 years and around 10% do not last more than 1 year, as it was the case of the French Constitution of 1791. After the S. R. Bommai v. Union of India decision,[62][63] such a course of action is more difficult since the courts have asserted their right of review.[64]. The courts are expected to remain unaffected by pressure exerted by other branches of the state, citizens or interest groups. Some constitutions (such as that of the United Kingdom) are uncodified, but written in numerous fundamental Acts of a legislature, court cases or treaties.[2]. While such documents may express respect for human rights or establish an independent judiciary, they may be ignored when the government feels threatened, or never put into practice. The Edicts of Ashoka established constitutional principles for the 3rd century BC Maurya king's rule in Ancient India. The Instrument of Government was adopted by Parliament on December 15, 1653 and Oliver Cromwell was installed as Lord Protector on the following day. Article 352 of the Indian Constitution talks about the national emergency. Unlike ordinary bills in accordance with Article 245 (except for money bills), there is no provision for a joint session of the Lok Sabha and Rajya Sabha to pass a constitutional amendment. A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. This power, known as president's rule, was abused as state governments came to be dismissed on flimsy grounds for political reasons. Most constitutions seek to regulate the relationship between institutions of the state, in a basic sense the relationship between the executive, legislature and the judiciary, but also the relationship of institutions within those branches. By July 2018, 124 amendment bills had been presented in Parliament; of these, 103 became Amendment Acts. [66] Despite the supermajority requirement for amendments to pass, the Indian constitution is the world's most frequently-amended national governing document. As of 2017[update] only two sovereign states, New Zealand and the United Kingdom, have wholly uncodified constitutions. It was in force in Sardinia until it was superseded by the code of Charles Felix in April 1827. To not disturb the original numbering, new articles are inserted alphanumerically; Article 21A, pertaining to the right to education, was inserted by the 86th Amendment Act. [21][22] The document was drawn up with the explicit concern of bringing to an end the bitter intertribal fighting between the clans of the Aws (Aus) and Khazraj within Medina. The words "secular" and "socialist" were added to the preamble in 1976 during the Emergency. In the case of the United Kingdom and other countries with a monarchy, it is the monarch who appoints and dismisses ministers, on the advice of the prime minister. Confidence can be lost if the government loses a vote of no confidence or, depending on the country,[105] loses a particularly important vote in parliament, such as vote on the budget. The territory of the state may be divided into regions, but they are not sovereign and are subordinate to the state. The Constitution is often hailed as a marvel of brevity and of clarity. [26] Responsible for the constitution's general structure, Rau prepared its initial draft in February 1948. The process by which a country adopts a constitution is closely tied to the historical and political context driving this fundamental change. The Constitution was in 22 Parts originally. An example of constitutional violation by the legislature is an attempt to pass a law that would contradict the constitution, without first going through the proper constitutional amendment process. Sweden had already enacted its 1809 Instrument of Government, which saw the division of power between the Riksdag, the king and the judiciary. [10] Parliament cannot override the constitution. The term eternity clause is used in a similar manner in the constitutions of the Czech Republic,[74] Germany, Turkey, Greece,[75] Italy,[76] Morocco,[77] the Islamic Republic of Iran, Brazil and Norway. Each member signed two copies of the constitution, one in Hindi and the other in English. The Constitution is a wholly written document which incorporates the constitutional law of India. [13], The constitution declares India a sovereign, socialist, secular,[14] democratic republic, assuring its citizens justice, equality and liberty, and endeavours to promote fraternity. An example is the metagame Nomic. The Constitution of India is the principal document that formulates the rights, duties and powers of citizens, governments and its officials. In 1634 the Kingdom of Sweden adopted the 1634 Instrument of Government, drawn up under the Lord High Chancellor of Sweden Axel Oxenstierna after the death of king Gustavus Adolphus, it can be seen as the first written constitution adopted by a modern state. [31][36] Stanford University historian Jack N. Rakove stated that "the voluminous records we have for the constitutional debates of the late 1780s contain no significant references to the Iroquois" and stated that there are ample European precedents to the democratic institutions of the United States. The second is the constitution of society, an unwritten and commonly understood set of rules for the society formed by a social contract before it establishes a government, by which it establishes the third, a constitution of government. [60] With the aid of its constitution, India is governed by a parliamentary system of government with the executive directly accountable to the legislature. In English sections are the vital elements of the hetman, and the people it.! Community, [ B ] which are a facade and back again as democratic and autocratic governments succeed other... Duties and powers of the constitution of India on 26 January was … Home Knowledge Base explain the importance institutional... Was prepared by the prime minister will resign if the government were headed the! Constitution 's basic structure: [ 1 ] Kerala decision laid down the was... Constitutions written thereafter each new assembly had sovereign power to draft and enact a new constitution for next... 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