Isabella Carter
The Indian Constitution is the supreme legal authority and the longest written national constitution in the world. It establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government. The constitution is considered federal in nature and has a three-tier governmental structure, including local governments (Panchayats and Municipalities). The constitution also recognises local customs and conventions that do not contradict a statute or the constitution and takes them into account while administering justice. Article 40 of the constitution provides for the state to organise village panchayats and grant them the authority necessary for self-government.
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What You'll Learn
- The Indian Constitution is the supreme law of the Republic of India
- It establishes India as a 'Sovereign Socialist Secular Democratic Republic'
- It provides for a single integrated system of courts to administer Union and State laws
- It recognises local customs and conventions that do not contradict a statute or the Constitution
- It contains emergency provisions to enable the President to meet any extraordinary situation effectively, safeguarding the sovereignty, unity, integrity, and security of the country
The Indian Constitution is the supreme law of the Republic of India
The Constitution of India is the supreme legal document of India and is the longest written national constitution in the world. It establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government. The Constitution lays down the framework that demarcates the fundamental political code, structure, procedures, powers, and duties of government institutions. It also sets out fundamental rights, directive principles, and the duties of citizens.
The Indian Constitution is considered federal in nature and unitary in spirit. It has features of a federation, including a codified, supreme constitution; a three-tier governmental structure (central, state, and local); division of powers; bicameralism; and an independent judiciary. It also possesses unitary features such as a single constitution, single citizenship, a flexible constitution, a strong central government, and appointment of state governors by the central government. Each state and union territory has its own government, with a governor or, in the case of union territories, a lieutenant governor and a chief minister.
The Constitution grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislations or government actions that violate it. It provides for a single integrated system of courts to administer both Union and State laws, with the Supreme Court of India at the apex of the judicial system. The Supreme Court's decisions are binding on all courts within the territory of India. The Constitution also contains provisions for retired Supreme Court Judges to sit and act as Judges of that Court.
The Constitution includes treaty-making as part of the executive power given to the President. While the states have separate legislative and executive branches, they share the judiciary with the Union government. The Constitution of India is dualist, meaning that treaty law only takes effect when a domestic law passed using normal processes incorporates it into domestic law. However, recent Supreme Court decisions have begun to incorporate aspects of international law without enabling legislation from Parliament, indicating a move towards a more hybrid regime.
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It establishes India as a 'Sovereign Socialist Secular Democratic Republic'
The Indian Constitution establishes India as a Sovereign Socialist Secular Democratic Republic. This is stated in the preamble, which begins with "We, the people of India", and ends with the enactment and adoption of the Constitution on 26 November 1949. The constitution is the supreme legal authority and binds the legislative, executive, and judicial organs of the government. It grants all citizens Fundamental Rights and empowers the judiciary to invalidate any legislation or government action that violates the Constitution.
The term "sovereign" signifies India's independence and departure from the status of dominion in the British Commonwealth. It implies that India has the complete right to govern itself and make its own decisions without any interference from external sources. This includes the power to acquire foreign territory and cede Indian territory, as outlined in the Constitution.
The term "socialist" is not defined in the Constitution but is embodied in the Directive Principles of State Policy in Part IV. It refers to social democracy and the achievement of socialist goals through democratic and non-violent means. This includes the idea of distributive justice, where wealth is shared equally by society and the government regulates the ownership of land and industry to reduce socioeconomic inequalities.
"Secular" indicates that India is not a theocratic state and does not have an official religion. It means that the relationship between the government and religious groups is determined by the Constitution and law, providing equal freedom and respect for all religions.
The term "democratic" refers to the representative form of government in India, where citizens elect their representatives through universal adult franchise, also known as "one person, one vote". This system is suitable for India due to its large and diverse population.
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It provides for a single integrated system of courts to administer Union and State laws
The Indian Constitution is considered federal in nature, but unitary in spirit. It has features of a federation, including a codified, supreme constitution; a three-tier governmental structure (central, state, and local); division of powers; bicameralism; and an independent judiciary. It also has unitary features such as a single constitution, single citizenship, and an integrated judiciary. This unique combination makes it quasi-federal in form.
The Constitution establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government. It is the supreme legal authority, binding the legislative, executive, and judicial organs of government. The Constitution grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislation or government actions that violate it.
One of the unique features of the Indian Constitution is that it provides for a single integrated system of courts to administer both Union and State laws. This is despite the existence of a federal system and Union and State Acts in their respective spheres. At the apex of this system is the Supreme Court of India, followed by the High Courts in each State or group of States. The High Courts have District Courts under their administration, and some States also have Village/Panchayat Courts, which function under various names and decide civil and criminal disputes of a petty and local nature.
The Indian Constitution's Seventh Schedule contains three lists: a Union List, a State List, and a Concurrent List. These lists outline the subjects on which Parliament and State Legislatures are empowered to make laws. While the Indian Parliament is competent to make laws on matters in the Union List, and State Legislatures on the State List, both the Union and the States can legislate on the Concurrent List. However, only Parliament has the power to make laws on matters not included in the State or Concurrent Lists.
The decisions of the Supreme Court are binding on all Courts within India. Local customs and conventions that do not contradict a statute or the Constitution are recognised and considered by Courts when administering justice.
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It recognises local customs and conventions that do not contradict a statute or the Constitution
The Indian Constitution is considered federal in nature, but unitary in spirit. It has features of a federation, including a three-tier governmental structure: central, state, and local. Each state and union territory has its own government, with a governor or lieutenant governor and a chief minister.
The Constitution recognises local customs and conventions that do not contradict a statute or the Constitution itself. This is administered by courts, including the Supreme Court of India, which is the highest court in the land, and the High Courts, which preside over each state or group of states. Village/Panchayat Courts also function in some states, deciding on civil and criminal disputes of a local nature.
Article 40 of the Constitution of India states that "The State shall take steps to organise [X] and endow them with such powers and authority, as may be necessary to enable them to function as units of self-government". In this instance, 'X' stands for Gram Panchayats, or village panchayats, which are local self-government bodies. The 73rd and 74th Constitution Amendments further inserted Parts IX and IX A, which are parallel and analogous and relate to the constitution of municipalities.
The Seventh Schedule of the Constitution contains three lists: a Union List, a State List, and a Concurrent List. These lists outline the subjects on which Parliament and State Legislatures are empowered to make laws.
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It contains emergency provisions to enable the President to meet any extraordinary situation effectively, safeguarding the sovereignty, unity, integrity, and security of the country
The Indian Constitution is the supreme legal authority, establishing India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government. It grants Fundamental Rights to all citizens and empowers the judiciary to invalidate laws or government actions that violate it. The Constitution also outlines emergency provisions, allowing the government to respond effectively to critical situations.
These emergency provisions are contained in Part XVIII of the Constitution, from Article 352 to 360. They enable the Central government to address abnormal situations, safeguarding the country's sovereignty, unity, integrity, and security. The Constitution stipulates three types of emergencies: National Emergency (Article 352), President's Rule (Article 356), and Financial Emergency (Article 360).
During a National Emergency, the President, under the advice of the cabinet of ministers, can overrule many provisions of the Constitution, including Fundamental Rights under Article 19. A National Emergency can be declared in the event of war, external aggression, or armed rebellion. The President's Rule allows the President to assume direct authority and dismiss a state government if the state fails to comply with the Centre's directions or if the state government cannot function according to the Constitution. This rule was initially limited to three years but can now be extended by six months at a time, up to a maximum of three years, unless a constitutional amendment is made.
A Financial Emergency can be proclaimed by the President if India's financial stability or credit is threatened. During such an emergency, the President can modify the constitutional distribution of revenues between the Centre and the states. A proclamation of Financial Emergency must be approved by both Houses of Parliament within two months of its issue.
While these emergency provisions empower the government to respond decisively during extraordinary situations, they also carry the risk of potential misuse and abuse of power. The framers of the Indian Constitution, learning from historical experiences, incorporated these provisions to safeguard the nation's security and integrity.
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Frequently asked questions
The Indian Constitution has a three-tier governmental structure consisting of the central government, state governments, and local governments (Panchayats and Municipalities).
The Indian Constitution grants local governments the authority to address regional and local issues, promoting participatory democracy and grassroots development.
Village/Panchayat Courts decide civil and criminal disputes of a petty and local nature. They function in some states under various names, such as Nyaya Panchayat, Gram Nyayalaya, and Gram Kachheri.
The Indian Constitution, specifically Article 17, has abolished the practice of "Untouchability" in all its forms. The enforcement of any disability arising from "Untouchability" is an offence punishable by law.
