Constitution of India

By
Anjali Anand
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377
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The Indian Constitution is the supreme law of the Republic of India, providing the framework for its governance, rights, and duties of its citizens. It was adopted on January 26, 1950, marking India’s transition from colonial rule to an independent democratic nation. The Constitution embodies the collective vision and aspirations of the founding fathers and serves as a guiding beacon for the world’s largest democracy.

Background
  • In accordance with the Cabinet Mission Plan of 1946, a Constituent Assembly formulated the Indian Constitution.
  • On December 9, 1946, the Assembly conducted its first meeting and elected its oldest member, Dr. Sachchidanand Sinha, as Provisional President.
  • The Assembly elected Dr. Rajendra Prasad as its permanent chairman on December 11, 1946.
  • The Constituent Assembly established thirteen drafting committees.
  • A seven-member Drafting Committee led by Dr. B.R. Ambedkar drafted a proposed constitution based on the reports of the committees.
  • The proposed constitution was published in January 1948, and the public had eight months to review and suggest amendments.
  • The constitution of India was not an original document, but rather incorporated elements from other constitutions.
  • While adopting these characteristics, the constitution’s drafters made the necessary modifications to make them suitable for Indian conditions and to avoid their defects.
  • The Indian Constitution was significantly influenced by the constitutions of the United Kingdom, the United States, Ireland, and Canada, among others.
Characteristics of the Constitution

a) The world’s heaviest constitution:
Originally consisting of 395 articles, the constitution now comprises 448 Articles divided into 25 portions and 12 schedules.

b) Combination of Rigidity and Flexibility: While some provisions of the constitution can be amended by the Parliament with a simple majority, others require a two-thirds majority of both the members of Parliament and the state legislatures.

c) Parliamentary System of Government

The constitution stipulates a parliamentary system of government in which the real executive authority resides with the council of ministers and the President is merely a figurehead.

The country’s immense size and cultural diversity necessitated the adoption of a parliamentary form of government.

d) A Federal System with Unitary Biased

The Indian constitution establishes a federal system with a robust central government. It is notable that the constitution never uses the term “federation” and instead refers to India as a “Union of States.”

India possesses the majority of federation characteristics as well as a number of unitary characteristics. During times of emergency, the Indian federal structure assumes a unitary nature, with the normal distribution of powers between the center and the states undergoing substantial alterations.

e) Fundamental Rights

A comprehensive enumeration of Fundamental Rights is included in the constitution. The state is prohibited from enacting laws that restrict or abridge citizens’ fundamental rights. If the law violates the Constitution, the courts can declare it unconstitutional.

d) Fundamental Duties

The constitution comprises a list of ten fundamental responsibilities of citizens. The 42nd Amendment assigned these responsibilities to the Constitution in 1976. These responsibilities serve as constant reminders to citizens that they must adhere to certain fundamental norms of democratic behavior.

e) Directive Principles of State Policy

The constitution specifies certain Directive Principles of State Policy that the government must consider when formulating any policy. These principles aim to establish a social and economic foundation for democracy and the welfare state.

f) Secular State

The constitution of India establishes it as a secular state. This means that there is no state religion, and the government is completely divorced from religious dogma. It also implies that citizens are free to practice, propagate, and profess any religion.

g) Independent Judiciary

The constitution provides for an independent judiciary to ensure that the government operates in accordance with its provisions. It serves as the protector of the citizen’s liberties and fundamental rights. It also establishes the limits of the federal government and the states’ authority.

h) People as the source of authority

The Constitution derives its authority from the people and was issued in their name. This is clear from the preamble’s listing of states. “We, the people of India, do hereby adopt, enact and give to ourselves this constitution”.

i) Universal Adult Suffrage

The constitution establishes universal adult suffrage and grants the right to vote to all citizens over the age of 18 without exception. Nonetheless, it reserves seats for Scheduled Castes and Scheduled Tribes to ensure that they have adequate representation.

j) Emergency Powers

The Constitution grants the President extraordinary powers in the event of an armed rebellion or external aggression, a constitutional emergency, or a financial emergency where the country’s credit is threatened.

k) Single Citizenships

It grants only a singular citizenship. All individuals residing in various regions of the country are treated as Indian citizens and have the same citizenship rights. There is no distinct citizenship for each state.

l) Bicameral Legislature
It provides a bicameral legislature consisting of the Lok Sabha and the Rajya Sabha at the national level.
The former is comprised of representatives of the people, whereas the latter is composed of representatives of the states.

m) Special Provisions for Minorities
The constitution includes special provisions for Scheduled Castes, Scheduled Tribes, and other minorities.
In addition to reserving seats for them in the Parliament and state legislatures, it also grants them special privileges and rights.

n) Panchayati Raj
The constitution provides a constitutional foundation for Panchayati Raj institutions and urban local governments. This was made possible by the 73rd and 74th constitutional amendments enacted in December 1992.

The Republic of India is governed by the Constitution of India, which was adopted by the Constituent Assembly on November 26, 1949 and went into effect on January 26, 1950. The Constitution establishes a Parliamentary form of government that is federal in structure but has some unitary features.

377 COMMENTS

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