Exploring India's Constitution: Are Acts Part Of It?

The Constitution of India is the supreme legal authority that binds the legislative, executive, and judicial organs of government. It establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government. The Constitution grants all citizens Fundamental Rights and empowers the judiciary to invalidate legislation or government actions that violate it. The executive, legislative, and judicial branches of government derive their power from the Constitution and are bound by it. The Constitution also provides for a single integrated system of courts to administer both Union and State laws. The Indian Constitution is the world's longest for a sovereign nation, with 12 schedules and five appendices, and it has been amended 106 times.

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The executive, legislative, and judicial branches of government are outlined in the constitution

The Constitution is a document that outlines the structure and powers of a country's government. It is the foundation of a nation's legal system and sets out the rights and responsibilities of its citizens. The Constitution of India, for example, is the world's longest written constitution for a sovereign nation, with 12 schedules and five appendices. It has been amended 106 times, the most recent amendment being on 28 September 2023.

The executive, legislative, and judicial branches of the government are outlined in the Constitution, which ensures that no individual or group has too much power. These three branches work together to govern the country, each with its own specific roles and responsibilities.

The executive branch is responsible for enforcing the laws of the land. In the US, this branch includes the President, their advisors, and various departments and agencies. Similarly, in India, the President is the head of the executive branch, and the Prime Minister acts as the executive power of the state, appointed directly by the President.

The legislative branch, also known as Congress, is responsible for making laws. In the US, Congress is divided into two parts: the Senate and the House of Representatives. Collectively, they discuss ideas and decide if they should become laws. Similarly, in India, the legislative branch is federal in nature, with the Prime Minister and the Council of Ministers accountable to the lower house.

The judicial branch interprets laws according to the Constitution and hears cases related to constitutional issues. In both the US and India, the Supreme Court is part of this branch. The US judicial branch also includes 9 Justices who interpret laws, while in India, the Constitution outlines the power of the judiciary to establish lower courts.

The three branches of government, as outlined in the Constitution, work together to ensure a balanced and effective system of governance, with each branch having the ability to respond to the actions of the others.

The constitution establishes India as a 'Sovereign Socialist Secular Democratic Republic'

The Constitution of India, adopted on 26 November 1949, came into effect on 26 January 1950. The Constitution establishes India as a Sovereign Socialist Secular Democratic Republic. The preamble of the Constitution of India is 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, liberty, equality and promote fraternity among them".

The term "sovereign" signifies India's departure from the status of dominion in the British Commonwealth as set up by the Indian Independence Act, 1947, to a free nation. It means that India is a free country with the complete right to govern itself without any interference from any external source. Sovereignty denotes supreme and ultimate power. It has two aspects: external and internal. External sovereignty means the independence of a state from the will of other states in its conduct with other nations. Internal sovereignty refers to the relationship between the state and the individuals within its territory and is divided into four organs: the executive, the legislature, the judiciary, and the administrative.

The term "socialist" is not defined in the Constitution, but the Directive Principles of State Policy contained in Part IV have a socialist character. This embodies the philosophy that the welfare of the larger society shall precede individual interests. Essentially, it means that since wealth is generated socially, it should be shared equally by society through distributive justice and not be concentrated in the hands of a few. The government should regulate the ownership of land and industry to reduce socio-economic inequalities.

The term "secular" implies that India is not a theocratic state and does not have an official religion. Secularism, as adopted by India, means equal freedom and respect for all religions. The relationship between the government and religious groups is determined by the Constitution and law.

The Constituent Assembly debated the Preamble on 17 October 1949, and there was an argument to rename India the "Union of Indian Socialistic Republics" to imitate the USSR. However, this proposal was not accepted.

The constitution is the supreme legal authority, with the power to invalidate legislation

The Constitution of India is the supreme legal authority, and it binds the legislative, executive, and judicial branches of the government. The Constitution grants all citizens Fundamental Rights and empowers the judiciary to invalidate any legislation or government action that violates the Constitution. The independence of the judiciary is a part of the basic structure of the Indian Constitution.

The executive, legislative, and judicial branches of the government derive their powers from the Constitution and are answerable to it. The Constitution establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government. It provides for a federal system of governance between the Union and the States, separation of powers between the three organs of the government, and free and fair elections.

The Constitution of India is the second-longest active constitution in the world, with about 145,000 words. It has been amended 106 times, with the latest amendment assented to on 28 September 2023. The Constitution grants the power to make laws to the Parliament, which may extend throughout or in any part of India. These laws are administered by a single integrated system of courts, with the Supreme Court of India at the apex, followed by the High Courts and the District Courts.

The Constitution also provides for the appointment of ad-hoc Judges of the Supreme Court and the procedure for removing a Supreme Court Judge from office. The Governor of each State is given executive power by the Constitution and is appointed by the President of the central government. The Constitution further dictates the procedure for constitutional amendments, which require a two-thirds majority in each house of Parliament.

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The constitution grants all citizens Fundamental Rights

The Constitution of India is the world's longest for a sovereign nation, with 145,000 words, and it is the second-longest active constitution in the world, after the Constitution of Alabama. The Constitution grants all citizens Fundamental Rights, which are enshrined in the Constitution and are enforceable by the courts. These rights are guaranteed to all citizens without discrimination based on race, religion, gender, etc. The six Fundamental Rights in the Indian Constitution are:

• Right to Equality: This includes equality before the law, prohibition of discrimination on the grounds of religion, race, caste, sex, or place of birth, and equality of opportunity in matters of employment.
• Right to Freedom: This includes freedom of speech and expression, assembly, association or union, movement, residence, and the right to practice any profession or occupation.
• Right against Exploitation: This prohibits all forms of forced labour, child labour, and human trafficking.
• Right to Freedom of Religion: This includes the right to practice and propagate religion.
• Cultural and Educational Rights: This includes the right of any section of citizens to conserve their culture, language, or script and the right of minorities to establish and administer educational institutions of their choice.
• Right to Constitutional Remedies: This guarantees remedies if citizens' fundamental rights are violated.

The Indian Constitution also previously recognized the right to property as a Fundamental Right, but this was removed by the 44th Constitutional Amendment as it was seen as a hindrance to achieving the goal of socialism and equitable wealth redistribution.

The US Constitution, on the other hand, has a Bill of Rights, which is the first ten Amendments to the Constitution. It guarantees civil rights and liberties, such as freedom of speech, press, and religion, and sets rules for due process of law. The Fifth Amendment provides several protections for people accused of crimes, including the right to a grand jury, protection against double jeopardy, and the right to just compensation for property taken. The Ninth Amendment states that the listing of specific rights in the Constitution does not deny other rights not explicitly mentioned.

The constitution provides for a single, integrated system of courts

The Indian Constitution establishes a single, integrated system of courts for the Union and the States, with the Supreme Court of India at the top. The Supreme Court is followed by the High Courts of several states, and beneath each High Court are subordinate courts, which are courts subordinate to and under the supervision of the High Court. The top court in the state is the High Court, established by Article 214 of the Constitution, which states that each state should have a High Court. Currently, India has 21 High Courts, each composed of a Chief Justice and additional justices appointed by the President of India. The judicial system is composed of subordinate courts, which form the first layer of the overall judicial hierarchy. Civil matters are handled by Civil Courts, while criminal cases are handled by Criminal Courts. The Supreme Court's seat is in Delhi, and its hearings are conducted in English and are open to the public. The Constitution has established an independent judiciary, free from intrusion by the executive or legislature, thus guaranteeing the independence of the judiciary and ensuring the supremacy of the Constitution through judicial review.

The Indian Constitution is the world's longest for a sovereign nation, with approximately 145,000 words in its original form and 12 schedules and five appendices in its amended form. It has been amended 106 times, with the most recent amendment assented to on September 28, 2023. The Constitution outlines the powers of the executive, legislative, and judicial branches of government, and India is governed by a parliamentary system with the executive accountable to the legislature. The President of India is the head of the executive branch, while the Prime Minister, who is appointed by the President, leads the Council of Ministers and aids and advises the President in their constitutional duties. The Constitution also establishes the federal nature of India's government, with the Union and State governments having defined powers.

The integrated judiciary in India refers to the unified court system that enforces both federal and state laws. This is in contrast to the dual judicial system in the United States, where federal courts enforce federal laws, and state judiciaries enforce state laws. The Indian Constitution establishes the Supreme Court as the highest court in the land, with the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. The Supreme Court also has the authority to strike down state laws found to be unconstitutional and plays a crucial role in ensuring that each branch of government recognizes its limits.

The Constitution further outlines the jurisdiction of the Supreme Court, with original jurisdiction over certain cases, such as suits between states or cases involving ambassadors, and appellate jurisdiction over a wide range of cases involving constitutional, federal, or state law. The Certiorari Act of 1925 grants the Supreme Court discretion in deciding whether to hear a case on appeal. The number of judges in the Supreme Court has varied over time, with the current composition being one Chief Justice and eight Associate Justices. The Supreme Court also has the power to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law.

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