India's Constitution: A Historical Document Or Living Legacy?

does india have a constitution

India does indeed have a constitution, and it is the world's longest. The Indian Constitution is a document and set of practices that form the fundamental organising principle of the Republic of India. It is 145,000 words long and has been amended over 100 times since it was enacted in 1950. The Constitution establishes India as a parliamentary democracy with powers divided between the central government and the state governments. It also outlines the structure, powers, and operation of the government, including the roles of the President and Prime Minister.

Characteristics Values
Length 145,000 words
Amendments 103
Parliamentary System Yes
Parliamentary Democracy Yes
Head of State President
Head of Government Prime Minister
Powers Divided between the union (central) government and the state governments
Legislative Power Rests with Parliament
Council of Ministers Shall be collectively responsible to the House of the People (Lok Sabha)
Rajya Sabha Upper house of Parliament
Lok Sabha Lower house of Parliament
Directive Principles of State Policy Yes
Fundamental Duties Yes

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The Constitution of India is the world's largest, with 145,000 words

The Constitution of India is a lengthy document, containing 145,000 words. It is the longest written constitution of any sovereign state in the world. In contrast, the US Constitution contains only 4,400 words. The Indian Constitution has been amended 103 times since its enactment, with the latest amendment assented to on 28 September 2023. It now has 470 articles, grouped into 25 parts, with 12 schedules and five appendices.

The Constitution of India is the supreme legal document of the country. It establishes India as a parliamentary democracy, with a Prime Minister who exercises most executive power, and a President who has a largely ceremonial role. The Constitution also outlines the structure, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens.

The Constitution declares India to be a "Union of States", with powers divided between the central government and the state governments. The States retain key powers and have influence over the national government through the Rajya Sabha (the upper house of Parliament). The Rajya Sabha must consent to a bill for it to become a law, and any amendment to the Constitution requires a two-thirds majority in this house.

The Constitution also includes a lengthy list of "directive principles of state policy", which are goals that India's central, state, and local governments must promote. These include the right to a decent standard of living, equal pay for equal work for women, and the protection of the environment.

The Constitution of India is a flexible document, deliberately worded in generalities to allow for interpretation and amendment. It is kept in helium-filled cases in the library of the Parliament House, with the original 1950 version preserved in a nitrogen-filled case in the Parliament Library Building in New Delhi.

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It is a parliamentary democracy with powers divided between the union and state governments

India is a parliamentary democracy, as outlined in Chapter 1 of its constitution, which came into effect on January 26, 1950. This system, with an executive who only possesses nominal power and an official "advisor" who wields actual power, is based on the British system and is a result of colonial influences on India before and during the writing of its constitution.

In a parliamentary democracy, the head of government (chief executive) derives their democratic legitimacy from their ability to command the support ("confidence") of a majority of the legislature, to which they are held accountable. This head of government is usually, but not always, distinct from a ceremonial head of state. This is in contrast to a presidential system, which features a president who is not fully accountable to the legislature and cannot be removed by a simple majority vote.

In India, the President is the head of state, and the Prime Minister is the head of government. The President's role is mostly ceremonial, and the Prime Minister exercises executive power because the President is obligated to act on the Prime Minister's wishes. The President does retain the power to ask the council to reconsider its advice, and the council is not required to make any changes before resubmitting the advice to the President, in which case the President is constitutionally required to adhere to it, overriding their discretion.

The Constitution of India establishes a parliamentary system, with a Prime Minister who, in practice, exercises most executive power. The Prime Minister must have the support of a majority of the members of the Lok Sabha, or lower House of Parliament. If the Prime Minister does not have a majority, the Lok Sabha can pass a motion of no confidence, removing the Prime Minister from office. Thus, the Prime Minister leads the majority party or a coalition comprising a majority. The Prime Minister governs with the aid of a Council of Ministers, whom the Prime Minister appoints and whose members head ministries.

The Constitution of India also divides powers between the union (central) government and the state governments. The states of India are self-governing administrative divisions, each with its own state government. The governing powers of the states are shared between the state government and the union government. The union territories are directly governed by the union government, although a few union territories have their own representative territorial governments. The Constitution lays out the number of seats that each state controls in the Council of States, and they are based roughly on each state's population. The members of each state legislature elect and appoint these representatives in the Council of States.

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The President is head of state, but the Prime Minister holds executive power

The Indian Constitution, which came into effect on January 26, 1950, establishes India as a parliamentary democracy with powers divided between the union (central) government and the state governments. The Constitution provides for a legislature with two houses: the Lok Sabha (the lower house of parliament) and the Rajya Sabha (the upper house).

The President of India is the head of state and the first citizen of the country. They are Commander-in-Chief of the Armed Forces and appoint the Prime Minister, the Council of Ministers, the Attorney General, the Chief Justice of India, and other judges of the Supreme Court and High Courts. The President also appoints the Governors of the States and is responsible for maintaining, safeguarding, and protecting the Constitution.

The Prime Minister of India is the head of the government and the leader of the ruling party. They are responsible for making international treaties and play an active role in advising the President on the postponement, summoning, and dissolving of sessions of Parliament. The Prime Minister must have the support of the majority of the members of the Lok Sabha, and they govern with the aid of a Council of Ministers, which they appoint.

While the President is obligated to act on the advice of the Council of Ministers, their role is mostly ceremonial. The Prime Minister exercises most executive power and is the chief party responsible for making international treaties. The President does retain the power to ask the Council to reconsider its advice, and they are constitutionally required to adhere to it if no changes are made.

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The Constitution outlines the structure, powers, and operation of the union and state governments

The Constitution of India is the document that forms the fundamental organising principle of the Republic of India. It outlines the structure, powers, and operation of the union and state governments, with the former having a more dominant role. The Constitution establishes India as a parliamentary democracy with powers divided between the union (central) government and the state governments.

The Constitution provides for a legislature with two houses: the Lok Sabha (the lower house of parliament) and the Rajya Sabha (the upper house). The President is the head of state, but the role is mostly ceremonial, with the Prime Minister exercising executive power. The Prime Minister must have the support of the majority of the members of the Lok Sabha, or the lower house of Parliament. If the Prime Minister does not have this support, the Lok Sabha can pass a motion of no confidence, removing them from office. The Prime Minister governs with the aid of a Council of Ministers, which they appoint, and whose members head ministries.

The three branches of the union government are the executive branch, the legislative branch, and the financial branch. The executive branch consists of the President, Vice President, and the Council of Ministers, led by the Prime Minister. The legislative branch consists of the two houses of parliament, the Lok Sabha and the Rajya Sabha. The Rajya Sabha or Council of States, is where the states are represented, with the number of seats controlled by each state based roughly on its population. The members of each state legislature elect and appoint these representatives. The financial branch deals with the distribution of administrative powers between the union and the states.

The Constitution also includes a lengthy list of "directive principles of state policy", which are goals that India's central, state, and local governments must promote. These include the right of citizens to a "decent" standard of living, equal pay for equal work for women, and that public resources are to serve the common good. Village councils, or panchayats, are to be formed to allow for local self-government.

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It includes a list of directive principles of state policy, which are goals that Indian governments must promote

India's constitution, which came into effect on January 26, 1950, establishes India as a parliamentary democracy with powers divided between the union (central) government and the state governments. The constitution also includes a lengthy list of directive principles of state policy (DPSP), which are goals that Indian central, state, and local governments must promote. These principles are not legally enforceable by the courts but are considered fundamental in governance and serve as moral and political directives for the state.

The DPSPs are mentioned in Part IV of the Indian Constitution, from Articles 36 to 51. They are taken from the Constitution of Ireland and were included in the Indian Constitution to establish economic and social democracy in the country. The DPSPs are dynamic and evolving, addressing emerging socio-economic challenges and the changing needs of society. They allow for adaptation and innovation in governance strategies to meet evolving circumstances.

The goals set out by the DPSPs include the improvement of public health and the protection of the environment. They also encompass the right of citizens to a "decent" standard of living, including fair wages and equal pay for women, and the right to free and compulsory education for children. The DPSPs also call for the formation of village councils (panchayats) to allow for local self-government and promote the idea that public resources should serve the common good.

The Indian Constitution makes it clear that the DPSPs are fundamental in the governance of the country and that it is the duty of the state to apply these principles in making laws. While the DPSPs are not legally enforceable, they play a crucial role in shaping laws and policies that align with ideals like social and economic democracy, promoting fair wages, environmental protection, and accessible education. The harmony and balance between Fundamental Rights and DPSPs are an essential feature of the basic structure of the Indian Constitution.

Frequently asked questions

Yes, India has a constitution.

India's constitution came into effect on January 26, 1950, an event celebrated annually in India as Republic Day.

At 145,000 words, India's constitution is the longest written constitution of any sovereign state in the world.

India's constitution has been amended 100 or 103 times.

India's constitution establishes a parliamentary system with a Prime Minister who exercises most executive power. The President's role is mostly ceremonial as they are obligated to act on the advice of the Prime Minister and the Council of Ministers.

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