The Constitution of India - 26th January - Republic Day

"A Resolution for the New Decade - Raghuram Rajan - "The 26th of January marks the 70th anniversary of the day India gave itself a constitution, full of ideals and liberalism. Our constitution was not perfect, but it was crafted by learned men and women who had come through the horrors of a fratricidal partition and sought to create a more united future. They understood that India was capable of much good, but could also unleash terrible self-destructive forces, something some of our current leaders would do well to understand. So they drafted a document that attempts to draw out the best in us in a spirit of common purpose and pride. What better resolution for the new decade than to re-dedicate ourselves to ensuring that this spirit burns strongly in each one of us? In these troublesome times, let us work together to make India that shining example of tolerance and respect that our founders envisioned, a beacon once more for a weary world. Let that be our task for the new decade."

The Republic Day (Republice Day) is celebrated every year on 26 January, because the Constitution came into force on this day. Everyone knows this, but very few people will know at what time the Republic came into force in the country and who hoisted the first flag. Some people will not even know where the first Republic Day parade took place. On 26 January 1950, the first Republic Day parade took place at Irvine Stadium (today's National Stadium).

1- The flag was hoisted at the Irwin Stadium in Delhi on the first Republic Day.

2- Keeping in mind the full Swaraj Day (26 January 1930), the Indian Constitution was implemented on 26 January.

3- The Constitution of India came into force on 26 January 1950 at 10.18 minutes.

4- The first President of India, Dr. Rajendra Prasad was sworn in at the Government House on 26 January 1950.

5- The first parade of the Republic Day was held at Rajpath in Delhi on 1955.

6- The first chief guest of the Rajpath parade was Pakistan Governor General Malik Ghulam Mohammed.

7- The peacock was declared the national bird of India on 26 January 1963.

8- Between 1950 and 1954, the Republic Day celebrations used to take place at Irvine Stadium Kingsway, Red Fort and once at Ramlila Maidan.

9- On 26 January itself, the lion on the Ashoka Pillar of Sarnath was adopted as a national symbol.

10- On Republic Day Parade 1950, the first Chief was the then President of Indonesia 'Sukarno'.

What is the difference between the flag hoisting ceremonies on 15th August and 26th January in India?

INTERESTING FACT MOST OF US NEVER KNEW...

What is the difference between the flag ceremony on 15th Aug and 26th Jan?

On 15th Aug the flag is HOISTED (from below) and unfurled. Reflecting the very first day in 1947 when it was done so for the first time.

On 26th Jan, the flag is already up there and is UNFURLED.

Even the ceremonies are called flag hoisting and unfurling the FLAG.

"The Constitution of India (IAST: Bhāratīya Saṃvidhāna) is the supreme law of India. The document lays down the framework demarcating fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens." - https://en.wikipedia.org/wiki/Constitution_of_India

The constitution was drafted by the Constituent Assembly (An idea for a Constituent Assembly was proposed in 1934 by M. N. Roy) formed on 6th December 1946 in accordance with French practice, holding eleven sessions over a 165-day period (2 Years, 11 Months, 18 Days - at a total expenditure of ₹6.4 million to finish). B. R. Ambedkar was a wise constitutional expert, he had studied the constitutions of about 60 countries, and chaired this committe and hence came to be known as the "Father of the Constitution of India". On 26 November 1949 the 'Constitution of India' was passed and adopted by the assembly. On 26 November 1949 Constitution was approved and signed by 284 members which is celebrated as National Law Day or Constitution Day, when Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393, and 394 of the constitution came into force and the remaining articles became effective on 26 January 1950 replacing the Indian Independence Act 1947 and Government of India Act, 1935. Each member signed two copies of the constitution, one in Hindi and the other in English. The original constitution is hand-written, with each page decorated by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal Bose. Its calligrapher was Prem Behari Narain Raizada.

The assembly's work had five stages:

Committees presented reports on issues.
B.N. Rau prepared an initial draft based on the reports and his research into the constitutions of other nations.
The drafting committee, chaired by B. R. Ambedkar, presented a detailed draft constitution which was published for public discussion.
The draft constitution was discussed, and amendments proposed and enacted.
The constitution was adopted, with a committee of experts

The Indian constitution is the world's longest for a sovereign nation. At its enactment, it had 395 articles in 22 parts and 8 schedules. At about 145,000 words, it is the second-longest active constitution – after the Constitution of Alabama – in the world.

The constitution has a preamble which is the 'Objective Resolution' presented by Jawaharlal Nehru on 13 December 1946, laying down the underlying principles of the constitution with the words "socialist", "secular" and 'integrity' added in 1976 by the 42nd amendment and 448 articles, which are grouped into 25 parts. With 12 schedules and five appendices, it has been amended more than 100 times.

Article 1 of the Constitution describes India as a “Union of States”. It was envisioned to become a Union of People from different geographical and cultural regions. It united them under a secular, democratic republic while protecting diversities — cultural, linguistic, religious and regional. However, the recent assault on the autonomy of Kashmir, the abrogation of Article 370 and the bifurcation of the territory into two separate Union Territories — with the total disregard of the Kashmiri opinion — was an act of aggression against this unity of the people of India, and the principles of federalism as envisioned by the Constituent Assembly.

Article 5 of the Constitution, which deals with citizenship, came into effect to deal with the refugee crisis in Punjab and Bengal. The Constitution makers did not allow religion to be a basis of citizenship. The proposed amendments to the Citizenship Act will invert the secular character of citizenship as envisioned by the constitution makers and replace it with the majoritarian designs , by including religion into it stating 6 religion to be minority.

On November 4, 1948, B R Ambedkar spoke of constitutional morality. He cautioned that “it is perfectly possible to pervert the Constitution without changing its form by merely changing the form of the administration and to make it inconsistent with and opposed to the spirit of the Constitution”. He went on to explain that “constitutional morality is not a natural sentiment. It has to be cultivated. We must realise that our people have yet to learn it. Democracy in India is only a top-dressing on an Indian soil, which is essentially undemocratic”.

Parts of the Constitution with (Articles) are:

Part I – States and union territories (1 to 4)
Part II – Citizenship (5 to 11)
Part III – Fundamental Rights (12 to 35)
Part IV – Directive Principles of State Policy (36 to 51)
Part IVA – Fundamental Duties (51A)
Part V – The union (52 to 151)
Part VI – The states (152 to 232)
Part VII – States in the B part of the first schedule (repealed)
Part VIII – Union territories (239 to 242)
Part IX – Panchayats (243 to 243-O)
Part IXA] – Municipalities (243P to 243ZG)
Part IXB – Co-operative societies
Part X – Scheduled and tribal areas ( 244 )
Part XI – Relations between the union and the states (245 to 255)
Part XII – Finance, property, contracts and suits (264 to 300)
Part XIII – Trade and commerce within India (301 to 307)
Part XIV – Services under the union and states (308 to 323)
Part XIVA – Tribunals (323A, 323B)
Part XV – Elections (324 to 329A)
Part XVI – Special provisions relating to certain classes (330 to 342)
Part XVII – Languages (343 to 351)
Part XVIII – Emergency provisions 352 to 360)
Part XIX – Miscellaneous (361 to 367)
Part XX – Amending the constitution (368)
Part XXI – Temporary, transitional and special provisions (369 to 392)
Part XXII – Short title, date of commencement, authoritative text in Hindi and repeals (393 to 395)

Schedules
Schedules are lists in the constitution which categorise and tabulate bureaucratic activity and government policy.

First Schedule (Articles 1 and 4) – Lists India's states and territories, changes in their borders and the laws used to make that change.
Second Schedule (Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221) – Lists the salaries of public officials, judges, and the Comptroller and Auditor General.
Third Schedule (Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219) – Forms of oaths – Lists the oaths of office for elected officials and judges.
Fourth Schedule (Articles 4(1) and 80(2)) – Details the allocation of seats in the Rajya Sabha (upper house of Parliament) by state or union territory.
Fifth Schedule (Article 244(1)) – Provides for the administration and control of Scheduled Areas[f] and Scheduled Tribes[g] (areas and tribes requiring special protection).
Sixth Schedule (Articles 244(2) and 275(1)) – Provisions made for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
Seventh Schedule (Article 246) — Central government, state, and concurrent lists of responsibilities
Eighth Schedule (Articles 344(1) and 351) – Official languages
Ninth Schedule (Article 31-B) – Validation of certain acts and regulations[h]
Tenth Schedule (Articles 102(2) and 191(2)) – Anti-defection provisions for members of Parliament and state legislatures.
Eleventh Schedule (Article 243-G) —Panchayat Raj (rural local government)
Twelfth Schedule (Article 243-W) — Municipalities (urban local government)

Appendices
Appendix I – The Constitution (Application to Jammu and Kashmir) Order, 1954
Appendix II – Re-statement, referring to the constitution's present text, of exceptions and modifications applicable to the state of Jammu and Kashmir
Appendix III – Extracts from the Constitution (Forty-fourth Amendment) Act, 1978
Appendix IV – The Constitution (Eighty-sixth Amendment) Act, 2002
Appendix V – The Constitution (Eighty-eighth Amendment) Act, 2003

The judiciary is the final arbiter of the constitution. Its duty (mandated by the constitution) is to act as a watchdog, preventing any legislative or executive act from overstepping constitutional bounds.[67] The judiciary protects the fundamental rights of the people (enshrined in the constitution) from infringement by any state body, and balances the conflicting exercise of power between the central government and a state (or states).

The courts are expected to remain unaffected by pressure exerted by other branches of the state, citizens or interest groups. An independent judiciary has been held as a basic feature of the constitution, which cannot be changed by the legislature or the executive.

At the conclusion of his book, Making of India's Constitution, retired Supreme Court of India justice Hans Raj Khanna wrote:

"If the Indian constitution is our heritage bequeathed to us by our founding fathers, no less are we, the people of India, the trustees and custodians of the values which pulsate within its provisions! A constitution is not a parchment of paper, it is a way of life and has to be lived up to. Eternal vigilance is the price of liberty and in the final analysis, its only keepers are the people."

The Union of India is a federal Union, with a distribution of powers, of which the judiciary is the interpreter. Although there has been considerable controversy whether India is or is not a federation and some writers call it a 'quasi federal', essentially it is Federal.

India, that is Bharat! We dream! We Pray! We Prosper!

We the People! Happiness Always! Loka Samastha Sukhino Bhavanthu!

407 pages 9 of 2020 - Courtesy Gourav Vallabh and Sambit Patra

Mohd Rafiq ( Bharati)