Eleanor Finch
The Indian Constitution is a
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What You'll Learn
- Division of Powers: The constitution divides powers among the executive, legislative, and judicial branches
- Checks and Balances: The constitution establishes a system to prevent any one branch from abusing its powers
- Fundamental Rights and Liberties: The constitution guarantees rights and liberties, such as freedom of speech and religion
- Rule of Law: All individuals, including government officials, are subject to the law
- Common Norms for Governance: The constitution allows for common norms to ensure stability in a diverse society
Division of Powers: The constitution divides powers among the executive, legislative, and judicial branches
The Indian Constitution divides powers among the executive, legislative, and judicial branches, with each branch having distinct functions. However, it is important to note that India follows a separation of functions rather than a strict separation of powers. This means that while the three branches have their own roles, there is some overlap in their scope.
The executive branch in India has been criticised for over-centralisation of power, weakening public institutions, and passing laws that strengthen law and order while curbing freedom of expression. The Constitution provides for 'judicial review' to check executive overreach and safeguard citizens' liberties. The judiciary can review executive actions to determine if they violate the Constitution and strike down laws deemed unconstitutional or arbitrary.
The legislative branch, or the legislature, has the power to make laws. However, in the case of P Kannadasan V State of Tamil Nadu, the Constitutional Courts were given the power to invalidate laws made by Parliament and state legislatures if they transgress Constitutional limitations. This serves as a check on the legislative branch.
The judiciary, considered the watchdog of democracy and the guardian of the Constitution, comprises the Supreme Court, High Courts, and other subordinate courts. While the judiciary can interpret and strike down laws, it is not immune to checks and balances. The Vishakha Guidelines, where the Supreme Court issued guidelines on sexual harassment, and its direction to the government to distribute food grains in 2010, have been cited as instances of judicial overreach into the territory of the legislature or executive.
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Checks and Balances: The constitution establishes a system to prevent any one branch from abusing its powers
The Indian Constitution establishes a system of checks and balances to prevent any one branch of the government from abusing its powers. While India does not follow a strict separation of powers as in the US, a system of checks and balances is embedded in its Constitution. This system empowers the different branches of the government, namely the legislative, executive, and judicial, to keep each other in check and induce a sharing of power.
The legislative branch makes laws, but the executive branch, led by the President, can veto those laws. The judiciary exercises judicial review and has the power to declare laws made by the legislative branch unconstitutional and void. The judiciary can also void executive actions deemed unconstitutional. The legislative branch, on the other hand, can review the functioning of the executive and remove judges, albeit while adhering to constitutional limitations.
The Indian Constitution also meticulously defines the functions of the various organs of the state, ensuring a clear division between the head of state and the head of the government. For instance, in the case of Indira Nehru Gandhi v. Raj Narain (1975), the Supreme Court held that adjudication of a dispute is a judicial function, and Parliament cannot exercise this function even under constitutional amending power.
The system of checks and balances is essential for the proper functioning of the three organs of the Indian government, ensuring that no one branch accumulates too much power. This concept, influenced by the ancient Roman constitution and later by thinkers like Montesquieu and Blackstone, is of fundamental importance in tripartite governments.
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Fundamental Rights and Liberties: The constitution guarantees rights and liberties, such as freedom of speech and religion
The Indian Constitution is the supreme law of the land, providing assurance and coordination to regular citizens. It outlines the fundamental rights and liberties of citizens, guaranteeing that they can lead their lives in peace and harmony. These rights are considered "fundamental" as they are essential for the all-round development of citizens, including their material, intellectual, moral, and spiritual growth.
One of the key fundamental rights enshrined in the Indian Constitution is the right to freedom of speech and expression. This right is protected under Article 19(1)(a) and allows citizens to freely express their thoughts, opinions, and ideas through various means, including speech, writing, printing, and visual representations. However, it is important to note that reasonable restrictions can be imposed on this right in the interests of India's sovereignty, integrity, security, friendly relations with foreign nations, public order, decency, or morality. The Indian government has, at times, attempted to censor the press and justify limitations on freedom of speech, as seen in the 1951 First Amendment to the Constitution.
The Constitution also guarantees the right to freedom of religion. This right ensures that citizens are free to practice, propagate, and profess their religious beliefs without interference from the state. It is a crucial aspect of the Constitution, as it promotes religious harmony and protects the freedom of conscience. Additionally, the right to freedom of religion is not limited to Indian citizens, as it also applies to persons of any nationality.
Another important aspect of the fundamental rights and liberties guaranteed by the Indian Constitution is the right to equality. This right ensures that all citizens are equal before the law and prohibits discrimination based on religion, race, caste, sex, or place of birth. It also guarantees equality of opportunity in matters of public employment and the right to freedom of assembly and association. These rights empower citizens to collectively pursue common goals and interests, contributing to a more inclusive and just society.
Furthermore, the Indian Constitution provides citizens with the right to move freely throughout the territory of India and reside in any part of the country. This freedom of movement allows individuals to settle in places of their choice and promotes a sense of unity and mobility within the country. Overall, the fundamental rights and liberties guaranteed by the Indian Constitution serve as a foundation for a just, inclusive, and democratic society, where citizens can enjoy their basic freedoms and develop their personalities and human dignity.
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Rule of Law: All individuals, including government officials, are subject to the law
The Indian Constitution is the supreme law of the land and thus provides assurance and coordination to regular citizens. No political party or individual, including government officials, is above the law. The Constitution outlines the rights of citizens and acts as a framework for coordination between citizens. It also guarantees the safety of citizens' families, assets, and the nation from any negative impacts or illegal activities.
The Indian Constitution provides for the Rule of Law, which means that all individuals, including government officials, are subject to the law. This principle is well-established in legal systems worldwide, including in India and the United States of America. The Rule of Law is a fundamental feature of the Indian constitutional system, and it ensures that all administrative actions are tested against the standard of legality.
The three branches of the Indian government, namely the Judiciary, the Legislature, and the Executive, are subordinate to the Constitution and must act according to its provisions. The Indian Constitution provides mechanisms to protect the rights of the people, ensure equal treatment before the law, and safeguard against excessive arbitrariness. The courts play a crucial role in reinforcing these mechanisms and delivering justice to all citizens.
The concept of the Rule of Law can be traced back to Chief Justice Edward Coke of England, who emphasised the supremacy of law over the executive during the reign of King James I. Professor A.V. Dicey, in his book 'Law and the Constitution' (1885), elaborated on this concept and proposed three principles for achieving the supremacy of law: the predominance of legal spirit, equality before the law, and the rejection of arbitrary and discretionary powers of the government or public officials.
In conclusion, the Indian Constitution ensures coordination and assurance by establishing the Rule of Law, which subjects all individuals, including government officials, to the law. The Constitution provides a framework for citizens' rights and coordination, while the courts play a vital role in upholding the Rule of Law and delivering justice.
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Common Norms for Governance: The constitution allows for common norms to ensure stability in a diverse society
The Indian Constitution is the supreme law of the Republic of India, providing a framework for the country's political system and governance. It defines the powers and responsibilities of government institutions, outlines the rights and duties of citizens, and details the country's legal and governmental framework.
The Constitution allows for common norms and stability in India's diverse society through several mechanisms. Firstly, it establishes a parliamentary form of government, adopting the British system, which emphasises cooperation and coordination between the legislative and executive branches. This system ensures that laws are enacted through a collaborative process, reflecting the diverse interests and needs of the country's citizens.
Secondly, the Constitution provides for an independent judiciary, which serves as the guardian of constitutional norms. The judiciary has the power to review and interpret laws, ensuring that they adhere to the principles enshrined in the Constitution. This check on legislative power helps maintain stability and protect the rights of citizens, especially those belonging to scheduled castes and tribes, who are guaranteed representation in the Lok Sabha.
Thirdly, the Constitution's preamble is significant as it contains the vision, goals, and aspirations of all Indians. It unambiguously states that sovereignty rests with the people of India, empowering them to change the government and hold it accountable for formulating and implementing laws and policies for the well-being of all citizens. This aspect of the Constitution fosters stability by ensuring that the government remains responsive to the diverse needs and aspirations of the people.
Furthermore, the Constitution guarantees fundamental rights, allowing citizens to coordinate and cooperate with others in accordance with these rights. It provides assurance by safeguarding citizens' families, assets, and the nation from adverse effects and illegal activities. These rights and assurances contribute to social stability by fostering a sense of security and unity among India's diverse population.
Overall, the Indian Constitution serves as a unifying force, providing common norms and values that guide the country's governance and ensure stability in a diverse society. It achieves this through its structure of government, independent judiciary, preamble, and protection of citizens' rights and assurances.
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