JIGL – Constitution of India – CS Executive Notes

Introduction to the Consitution of India

What is the constitution of India?

The Constitution of India is the supreme Law of our nation. It provides a framework that distinguishes the fundamental political code, the structure, duties, procedures, and powers of government institutions. It also lays down the principles, duties, and rights of citizens.

The constitution of the country provides the laws and principles for the country and its states. It also provides a framework for the government explicitly stating its duties and powers.

The constitution is the backbone of the legal system of the nation.

Formation of the Constitution of India

The leaders established an assembly for the formation of the Indian Constitution in 1946. Sir Benegal Narsing Rau, the first Indian judge in the International court of justice, was appointed as the constitutional adviser of the assembly in 1946. He prepared the general structure of the constitution and its initial draft in February 1948.

After several more discussions, debates, and amendments, the assembly made modifications in the first draft.

Then the formation of committees was proposed within the assembly in 1947. The assembly formed a committee of 8 people to draft the constitution with B. R. Ambedkar as chair. The committee modified and altered the draft and presented it to the assembly.

After several discussions and modifications, the assembly adopted the constitution on 26 November 1949. 284 members signed it.

The final session of the assembly convened on 24 January 1950. All members of the constitution signed two copies – one in Hindi and the other in English.

Components of the Constitution of India

The Indian constitution has two major parts –

1. Parts
2. Schedules

The Preamble sets out the aims and aspirations of the general public from the Indian government. It declares India to be a country of the 3 S’s – Sovereign, Socialist, Secular, and the Democratic Republic. It also promises its citizens of liberty, fraternity, justice, and equality.

The document further contains 395 Articles in 22 Parts and 8 Schedules.

When was the constitution of India adopted? Or, when did the Constitution of India come into force?

The constitution of India was adopted on 26 November 1949 and came into force on 26 January 1950 by the Constituent Assembly of India. 26 January marked the first republic day of India in honour of the Indian constitution coming into effect.

Subsequently, the constitution replaced the Government of India Act 1935 as the fundamental governing document, and the Dominion of India became the Republic of India.

Fun Facts about Constitution of India

1. It is the longest written constitution of any country.
2. It took two years and 11months to form the Constitution of India.

About JIGL

JIGL stands for Jurisprudence, Interpretation, and General Laws.

The study of the science of Law is called Jurisprudence. Jurisprudence surrounds the study of Law, its principles, concepts, and general philosophies from a logical, systematic, and philosophical standpoint.

Interpretation involves analysing and understanding provisions, meaning of provisions to understand the intent of the Law. It becomes necessary since the legal language can be unclear.

The General Laws section provides a preliminary understanding of several important legislations. It is essential to understand this section for a CS student. General Laws include branches of Law such as Constitutional Law, Civil, and Criminal Procedure Code, Right to Information Act 2005 and many others.

Importance of JIGL

A Company Secretary is additionally a governance officer and supports the Board to keep the compliance levels very high within the organisation. Therefore, a CS must know about Jurisprudence, Interpretation, and the essential basic Laws of the country.

A CS should understand the legal principles and jurisprudence behind Law instead of just knowing the Law and legal concepts. Further understanding of the statutes covered under General Laws like Civil Procedure Code, Criminal Procedure Code, Evidence Act, Stamp Act etc., provides land for Company Secretaries either employed or in practice.

Topics under JIGL

The topics under the topic of Jurisprudence, Interpretation and General Laws (CS Executive Level) are as follows:

• Principle of Law like Sources of Law
• Interpretation of Statutes & General Clauses Act, etc.
• Criminal Law like Indian legal code 1860, Indian Evidence Act 1872
• Criminal Procedure Code 1973
• Constitution of India
• Civil Law like Law of Torts, Limitation Act 1963 & Civil Procedure Code 1908
• Administrative Law
• Arbitration and Conciliation Act
• Registration Act, Stamp Act
• Information Technology Act

The best approach to review Jurisprudence, Interpretation, and General Laws are –

• Keep yourselves updated with the changes within the bodies of Law that include recent amendments and notifications that are applicable for your exam. That is, suppose you are studying for the 2021 exam, making sure you are up so far with all current legislation.
• Make short notes and map keywords in every paragraph. Present your notes to be ready to revise within the easiest possible way before the exam.
• Train your brain to recall concepts as soon as you see the name of the subject. It is one of the easiest approaches to crack various theory papers.

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