Legal Awareness

HISTORICAL PERSPECTIVE (from 1942 to 1947)

l	The Quit India Resolution 1942:- emphasized on ending the British rule in India This movement was suppressed by the government. This continued till 1944.
l	Sri Rajagopalachari along with Mahatma Gandhi wanted the Muslim League to endorse the Indian demand for independence and cooperate with the Congress in the formation of a provincial interim government, and began negotiations with Lord Wavell. Mr.Jinnah refused to accept.
l	The Wavell Plan 1945 And The Simla Conference: - both the Wavell plan and the Simla conference were a failure, because the congress did not accept Mr.Jinnah demand of Pakistan. The Governor General was not prepared to have an interim settlement without the cooperation and consent of the Muslim League.
l	The Cabinet Mission Plan 1946 For United India: - The Cripps mission in March 1942 had proposed that, immediately after the cessation of hostilities steps shall be taken to set up in India a Constitution making body to frame a new Constitution for India. The British cabinet mission consisting of Lord Patrick Lawrence and Secretary Of State A.V. Alexander and Sir Stafford Cripps came to Delhi on March 24 1946.
l	The cabinet suggested its formula on May 16 1946 to resolve the issue As the political parties, the Muslim League and the congress did not come to any mutual understanding and the congress ruled out the idea of Pakistan.
l	The mission recommended that there should be a union of India.
l	To frame a Constitution, the cabinet mission suggested that a constituent assembly be formed consisting of 389 members. Provincial representatives were to be sent in the proportion of 1:10, 00,000.
l	However the Muslim league resolved that the proceedings of the constituent assembly was ultra vires and demanded its dissolution.
l	December 9 1946 the constituent assembly first met. The Muslim league members did not attend.
l	Lord Mountbatten’s plan of 1947 for transfer of power:- i) The partition of India, ii) After Bengal and Punjab had decided that they wanted their respective provinces to be partioned; Sindh and the N.W.F. provinces decided to join Pakistan.
l	Indian Independence: - the Indian Independence Bill was passed by the Parliament on the July 18, 1947.
l	Indian Independence Act, 1947 ended the British Raj in India and the partition of India into India and Pakistan.
l	Our national flag, the tricolor was adopted on the July 22, 1947
l	August 15, 1947, Pandit Jawaharlal Nehru was sworn in as the first Prime minister of independent India.
l	Our first President was Dr. Rajendra Prasad
l	The Constituent Assembly appointed the drafting committee on August 29 1947 under the chairmanship of Dr. Ambedkar.
l	The Draft Constitution was ready by October and the ‘Draft Constitution of India was published in February 1948.
l	The constituent assembly read the draft clause by clause from November 15 1948 to October 17 1949.
l	The third reading started from November 14 1949 and finished it on November 26 1949. On this date the Constitution received the signature of the President Dr. Rajendra Prasad.
l	Our draft Constitution of India when presented to the President of the constituent assembly. It contained 315 Articles and 8 Schedules.
l	The date of commencement of the Constitution was 26th January 1950. It contained 395 Articles and 8 Schedules.
l	The State Emblem which has three lions, a horse a bull and a charka was taken from Ashoka’s Pillar in Sarnath, it was adopted on 26th January 1950 and has the words Satyameva Jayayte let Truth alone prevail.
l	The National Anthem composed by Rabindranath Tagore was adopted on 24th January 1950.
l	India as Part of the Commonwealth:-India did not sever all ties with the British Commonwealth. India joined the Commonwealth without any allegiance to the British crown.
l	It was this decision of India to join the Commonwealth, that the association of these independent nations it was called the ‘Commonwealth of Nations’. This historic decision took place in London on April 27th 1949. Pandit Jawaharlal Nehru said “it is an agreement by free will, to be terminated by free will”.
l	This historic decision took place in London on April 27th 1949.
l	Pandit Jawaharlal Nehru said “it is an agreement by free will, to be terminated by free will”.

WRITTEN CONSTITUTION

l	The Constitutional laws of the country contain the legal and the non legal norms. Legal norms are those which are enforceable in the courts of law and non legal norms are generally practices and conventions of the Constitution which are not enforceable.
l	Ours being a written Constitution is in the form of a Constitutional document whereas England does not have a written Constitution the Sovereignty the Parliament is based upon traditions.
l	A written Constitution contains the supreme law of the land on the source of the Constitutional law in the country. Every organ in the country must adhere to it otherwise it will be declared unconstitutional.
l	Though we have often heard that the Indian Parliament is Sovereign, it is sovereign to the extent that India is a sovereign nation and not under any external influence. Therefore the Parliament which functions under the written Constitution has to adhere to the rules stated under it and cannot have unbridled powers.
l	Our Constitution being a federal Constitution has a few characteristics attached to it, they are:-
	i)	Distribution of powers
	ii)	Supremacy of the Constitution
	iii)	Written Constitution
	iv)	Rigidity
	v)	Authority of the Courts

PREAMBLE

l	The Preamble literally means preface, preliminary statement or intorduction states that India is a Sovereign, Socialist, Democratic Republic.
l	‘Sovereign’ denotes that our country is not subject to any external authority.
l	Socialist’ herein does not mean that it adheres to any ideas of Socialism but means that it will have Private enterprise as well as State ownership. What we were trying was a mixed economy.
l	‘Secular, means that the Constitution ensures equal freedom for all religions.
l	‘Democratic’ signifies that India has a Parliamentary form of government wherein the government is responsible to an elected legislature.
l	‘Republic’ means where the Head of the State is an elected functionary.
l	According to the Preamble it is the people who have imposed this Constitution upon themselves and will conduct their government through elected representatives.
l	The terms ‘Socialist’ And ‘Secular’ were added by the 42nd Amendment.
l	The Preamble envisages being a Social Welfare State as stated by the Directive Principles of State Policy
l	In Aruna Roy v. Union of India 2002 SC, it was held that the Preamble was part of the basic structure of the Constitution. The essence of ‘secularism ‘is non discrimination of people by the State on the basis of religious differences.

THE JUDICIARY

l	It is very important to have an independent and impartial Judiciary. Our Constitution has done everything to make the Supreme Courts and the various High Courts independent of the Executive.
l	The High Court is a Court Of Appeal and can also enforce the Fundamental Rights. The Supreme Court, the High Court and the lower courts constitute a single judiciary having jurisdiction over all cases arising under any law whether enacted by the Parliament or the State Legislature.
l	The judiciary scrutinizes Governmental action in order to assess whether it confirms with the Constitution or not. It also scrutinizes the administrative action.
l	Judicial review is based on the assumption that the Constitution is the supreme law of the land and that all government organs and governmental actions must confirm with the Constitution.
l	The State shall not make any law that takes away the Fundamental Rights of the people.

CITIZENSHIP

l	A person who is born in the territory of India Citizenship Act – 1955; either whose parents are born in India; or who has been ordinarily a resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India.
l	Articles 5 to 11 of the Constitution lay down as to who are citizens of India at the commencement of the Constitution.
l	Article 5 deals with the Domicile of a person. But however the term ‘domicile’ has not been defined in the Constitution. ‘Domicile’ means permanent home.
l	The Article draws a difference between ‘Domicile’ and ‘Residence’. Its domicile and not residence that makes a person an Indian citizen. ‘Domicile’ and five years ‘Residence’ is sufficient to make a person a citizen of India.
l	India has neither State citizenship, nor dual citizenship. There is single citizenship in India.(2003– Citizenship Ammendant Act that further ammends the Citizenship Act, 155, 2 provides for overseas Indian citizenship or Dual citizenship