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Third Schedule
The Constitution of India is the supreme legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It espouses constitutional supremacy (not parliamentary supremacy found in the United Kingdom, since it was created by a constituent assembly rather than Parliament) and was adopted with a declaration in its preamble. Although the Indian Constitution does not contain a provision to limit the powers of the parliament to amend the constitution, the Supreme Court in Kesavananda Bharati v. State of Kerala held that there were certain features of the Indian constitution so integral to its functioning and existence that they could never be cut out of the constitution. This is known as the 'Basic Structure' Doctrine. It was ...
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Preamble To The Constitution Of India
The Preamble to the Constitution of the Republic of India is based on the Objectives Resolution, which was moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946 accepted on 22 January 1947 and adopted by the Constituent Assembly on 26 November 1949, coming into force on 26 January 1950, celebrated as the Republic Day of India, and was initially drafted by Jawaharlal Nehru. The words "socialist", "secular" and "integrity" were later added during the Indian emergency by Indira Gandhi. Preamble The Constitution of India's preamble, as amended up to July 2024, reads as follows:WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and ...
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Indian Independence Act 1947
The Indian Independence Act 1947 ( 10 & 11 Geo. 6. c. 30) is an act of the Parliament of the United Kingdom that partitioned British India into the two new independent dominions of India and Pakistan. The Act received Royal Assent on 18 July 1947 and thus modern-day India and Pakistan, comprising west (modern day Pakistan) and east (modern day Bangladesh) regions, came into being on 15 August. The legislature representatives of the Indian National Congress, the Muslim League, and the Sikh community came to an agreement with Lord Mountbatten, then Viceroy and Governor-General of India, on what has come to be known as the ''3 June Plan'' or ''Mountbatten Plan.'' Prelude Attlee's announcement Clement Attlee, the Prime Minister of the United Kingdom, announced on 20 February 1947 that: #The British Government would grant full self-government to British India by 3 June 1948 at the latest, #The future of the Princely States would be decided after the date of final transfer is de ...
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Basic Structure Doctrine
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Kesavananda Bharati V
Kesavananda Bharati (9 December 19406 September 2020) was an Indian Hindu monk who served as the Shankaracharya (head) of Edneer Mutt, a Hindu monastery in Kasaragod district, Kerala, India from 1961 until his death. He was the petitioner in '' Kesavananda Bharati v. State of Kerala'', a landmark case that helped establish the basic structure doctrine of the Indian Constitution which guarantees that the fundamental or 'basic structure' of the Indian Constitution can not be altered by parliamentary amendment. He was a follower of Smartha Bhagawatha tradition and the Advaita Vedanta school of Hindu philosophy. Early life and career Kesavananda Bharati was born to Manchthaya Sreedhara Bhatt and Padmavathi Amma in 1940. He was appointed the head of Sri Edneer Mutt, in Kasaragod district, Kerala, in 1961, and belonged to the '' Parampara'' of Thotakacharya, one of the first four disciples of Adi Shankara. He was a follower of the Smartha Bhagawatha tradition of Advaitha Pant ...
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Constituent Assembly Of India
Constituent Assembly of India was partly elected and partly nominated body to frame the Constitution of India. It was elected by the Provincial assemblies of British India following the Provincial Assembly elections held in 1946 and nominated by princely states. After India's independence from the British in August 1947, its members served as the nation's 'Provisional Parliament', as well as the Constituent Assembly. It was first conceived by V. K. Krishna Menon, who outlined its necessity as early as 1933 and espoused the idea as a demand of the Indian National Congress. The Indian National Congress held its session at Lucknow in April 1936 presided by Jawaharlal Nehru. The official demand for a Constituent Assembly was raised and the Government of India Act, 1935 was rejected as it was an imposition on the people of India. C. Rajagopalachari again voiced the demand for a Constituent Assembly on 15 November 1939 based on adult franchise, and was accepted by the British ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The UK includes the island of Great Britain, the north-eastern part of the island of Ireland, and most of List of islands of the United Kingdom, the smaller islands within the British Isles, covering . Northern Ireland shares Republic of Ireland–United Kingdom border, a land border with the Republic of Ireland; otherwise, the UK is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. It maintains sovereignty over the British Overseas Territories, which are located across various oceans and seas globally. The UK had an estimated population of over 68.2 million people in 2023. The capital and largest city of both England and the UK is London. The cities o ...
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Parliamentary Sovereignty
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies. It also holds that the legislative body may change or repeal any previous legislation and so it is not bound by written law (in some cases, not even a constitution) or by precedent. Changes to the constitution typically require a supermajority, often two thirds of votes instead of one half. In some countries, parliamentary sovereignty may be contrasted with separation of powers and constitutionalism, which limits the legislature's scope often to general law-making and makes it subject to external judicial review, where laws passed by the legislature may be declared invalid in certain circumstances. States that have sovereign legislatures include: the United King ...
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Constitutional Autochthony
In political science, constitutional autochthony is the process of asserting constitutional nationalism from an external legal or political power. The source of autochthony is the Greek word αὐτόχθων translated as ''springing from the land''. It usually means the assertion of not just the concept of autonomy, but also the concept that the constitution derives from their own native traditions. The autochthony, or home grown nature of constitutions, give them authenticity and effectiveness. It was important in the making and revising of the constitutions of Bangladesh, India, Pakistan, Ghana, South Africa, Sierra Leone, Zambia and many other members of the British Commonwealth. This proposition found doctrinal support in the influential theory propounded by the legal philosopher, Hans Kelsen, which had it that it was inconceivable for a legal system to split into two independent legal systems through a purely legal process. One of the implications of Kelsen’s theory w ...
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Directive Principles
The Directive Principles of State Policy of India are the guidelines to be followed by the government of India for the governance of the country. They are not enforceable by any court, but the principles laid down there are considered "fundamental" in the governance of the country, which makes it the duty of the StateThe term "State" includes all authorities within the territorial periphery of India: the Government of India, the Parliament of India, the Government and legislature of the states of India. To avoid confusion with the term states and territories of India, State (encompassing all the authorities in India) has been capitalized, and the term state is in lower case. to apply these principles in making laws to establish a just society in the country. The principles have been inspired by the Directive Principles given in the Constitution of Ireland which are related to social justice, economic welfare, foreign policy, and legal and administrative matters. Directive ...
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Law Of India
The List of national legal systems, legal system of India consists of Civil law (common law), civil law, common law, customary law, religious law and corporate law within the legal framework inherited from the colonial era and various legislation first introduced by the British are still in effect in modified forms today. Since the drafting of the Indian Constitution, Indian laws also adhere to the United Nations guidelines on human rights law and the environmental law. Personal law is fairly complex, with each religion adhering to its own specific laws. In most states, registering of marriages and divorces is not compulsory. Separate laws govern Hindus including Sikhs, Jains and Buddhist, Muslims, Christians, and followers of other religions. The exception to this rule is in the state of Goa, where a uniform civil code is in place, in which all religions have a common law regarding marriages, divorces, and adoption. On February 7, 2024, the Indian state of Uttarakhand also i ...
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President Of India
The president of India (ISO 15919, ISO: ) is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, and the commander-in-chief, supreme commander of the Indian Armed Forces. Droupadi Murmu is the 15th and current president, having taken office on 25 July 2022. The office of president was created when Constitution of India, India's constitution came into force and it became a republic on Republic Day (India), 26 January 1950. The president is indirect election, indirectly elected by an electoral College (India), electoral college comprising both houses of the Parliament of India and the state Legislative Assembly (India), legislative assemblies of each of States and union territories of India, India's states and territories, who themselves are all directly elected by the citizens. s:Constitution of India/Part V#Article 53 %7BExecutive power of the Union%7D, Article 53 of the Constitution of India stat ...
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