Eleanor Finch
The Constitution of India is the supreme law of the Republic of India, and the longest written national constitution in the world. It establishes India as a 'Sovereign, Socialist, Secular, Democratic Republic' with a parliamentary system of government. The Constitution lays out the fundamental rights of citizens, the framework for the country's political system, and the powers and responsibilities of government institutions. It also outlines the principles of governance, including a federal system of governance between the Union and the States, the separation of powers, and free and fair elections.
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What You'll Learn
Parliamentary system
The Constitution of India is the supreme legal document of India and is the fundamental law of the land. It is the world's longest written national constitution. The Constitution of India establishes a parliamentary system of government, with a Prime Minister who exercises most executive power. The Prime Minister must have the support of the majority of the members of the Lok Sabha, or lower House of Parliament. If the Prime Minister loses this support, the Lok Sabha can pass a motion of no confidence, removing them from office.
The President is the formal head of the parliamentary system, but their role is mostly ceremonial. The President is obligated to act on the Prime Minister's wishes, although they do retain the power to ask the council to reconsider its advice. The Prime Minister governs with the aid of a Council of Ministers, which they appoint, and whose members head ministries. The Council of Ministers is collectively responsible to the Lok Sabha.
The Parliament of India consists of the President and the two houses of Parliament: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The Lok Sabha has 543 members, directly elected by citizens of India on the basis of universal adult franchise. The Rajya Sabha consists of 245 members, 233 of whom represent the different states and union territories, with the remaining 12 nominated by the President of India. The Rajya Sabha is a permanent body that cannot be dissolved, and its consent is required for a bill to become a law.
The Parliamentary system of government in India maintains a close relationship and shares power between the legislative and executive levels of the government, thus eliminating authoritarianism. The executive becomes part of the legislature, which frames laws and policies and implements them. This is also known as a Cabinet Government, as executive powers are mainly concentrated in the hands of the Cabinet. The legislative is the law-making body of the government.
Parliamentary privileges play a crucial role in safeguarding the functioning of the Indian Parliament and upholding its authority as the primary legislative body in the country. These privileges grant Members of Parliament certain rights and immunities, such as freedom of speech and expression, enabling them to perform their duties effectively and ensure democratic accountability.
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Sovereign, socialist, secular, democratic republic
The Constitution of India is the supreme legal document and the fundamental law of the land. It is the world's longest written national constitution and comprises 448 articles, 12 schedules, and 25 parts. The Constitution of India establishes India as a Sovereign, Socialist, Secular, Democratic Republic with a parliamentary system of government.
Sovereign
Sovereignty denotes the supreme and ultimate power of a state. It can be real or nominal, legal or political, individual or pluralistic. India's external sovereignty means the country is free to acquire or cede territory, subject to constitutional limitations. Internal sovereignty refers to the relationship between the states and individuals within its territory and is divided into four organs: the executive, the legislature, the judiciary, and the administrative.
Socialist
The term 'socialist' in the Indian context refers to social democracy, which aims to achieve socialist goals through democratic, evolutionary, and non-violent means. It advocates for the equal distribution of wealth and the reduction of socioeconomic inequalities through government regulation of land and industry ownership.
Secular
Secularism is a fundamental aspect of India's constitution, ensuring equal freedom and respect for all religions. The state treats all religions equally, refraining from favouring or discriminating against any particular religion. The relationship between the government and religious groups is determined by the constitution and law.
Democratic Republic
India is a democratic republic, with a parliamentary system of government. The constitution provides for a federal structure with certain unitary features. The President is the constitutional head of the Executive of the Union, and the Prime Minister exercises most of the executive power, with the support of a majority in the Lok Sabha, or lower House of Parliament. The Prime Minister governs with the aid of a Council of Ministers, responsible to the Lok Sabha.
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Fundamental rights
The Constitution of India is the supreme law of the Republic of India and is the longest written national constitution in the world. It lays down the framework for the country's political system, establishing a parliamentary system with a Prime Minister who exercises most executive power. The constitution also defines the powers and responsibilities of government institutions, safeguards fundamental rights, and outlines the principles of governance.
The Constitution of India guarantees its citizens fundamental rights, which are justifiable and classified into six broad categories in Part III (Articles 12 to 35). These rights are guaranteed to Indian citizens, and in some cases, to all persons. The six categories are:
- Right to Equality: This includes equality before the law, prohibiting discrimination based on religion, race, caste, sex, or place of birth, and ensuring equality of opportunity in employment.
- Right to Freedom: This covers freedom of speech and expression, assembly, association or union, movement, residence, and the right to practice any profession or occupation. However, these rights are subject to reasonable restrictions for the security of the state, friendly relations with foreign countries, public order, decency, or morality.
- Right against Exploitation: This prohibits all forms of forced labour, child labour, and human trafficking.
- Right to Freedom of Religion: The constitution does not uphold any particular religion as official. Instead, it mandates equal treatment for all religions and prohibits any form of religious discrimination.
- Cultural and Educational Rights: These rights protect the cultural and educational rights of minorities, allowing them to establish and administer educational institutions of their choice.
- Right to Constitutional Remedies: This guarantees citizens the right to move the Supreme Court for the enforcement of their fundamental rights through various writs, such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
These fundamental rights are an essential part of the Indian Constitution, reflecting the nation's journey toward democracy, justice, and equality. They ensure that all citizens are treated with dignity and respect, regardless of their background, and provide a framework for the functioning of the state.
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Directive principles
The Constitution of India is the supreme legal document and the fundamental law of the land. It lays down the framework for the country’s political system, demarcating the fundamental political code, structure, procedures, powers, and duties of government institutions, and setting out fundamental rights, directive principles, and the duties of citizens.
The Directive Principles of State Policy (DPSP) are non-justiciable, meaning they are not legally enforceable by the courts, and are instead meant to be kept in mind by the state when it formulates policies and enacts laws. They are considered fundamental in governance and serve as moral and political directives for the state. DPSPs are ideals that guide policymakers, shaping legislative and executive actions aimed at fostering inclusive development and upholding the dignity of every individual. They are dynamic and evolving, adapting to address emerging socio-economic challenges and the changing needs of society.
DPSPs are enshrined in Articles 36 to 51 in Part IV of the Constitution. They include directives relating to the promotion of welfare and the establishment of a just society, with a focus on social and economic democracy, promoting fair wages, environmental protection, and accessible education. Some specific directives include:
- Providing opportunities and facilities for children to develop in a healthy manner
- Free and compulsory education for all children up to the age of 14
- Promoting the education and economic interests of scheduled castes, scheduled tribes, and other weaker sections
- Organising village panchayats
- Separation of judiciary from executive
- Promulgation of a uniform civil code for the whole country
- Protection of national monuments
- Promoting justice on a basis of equal opportunity
- Providing free legal aid
- Protecting and improving the environment and safeguarding forests and wildlife
- Promoting international peace and security
- Fostering just and honourable relations between nations
- Respecting international law and treaty obligations
- Settling international disputes by arbitration
DPSPs also address economic matters, aiming to secure the distribution of ownership and control of material resources for the common good, and to prevent the concentration of wealth and means of production to the common detriment.
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Duties of citizens
The Constitution of India is the supreme legal document of India and the longest written national constitution in the world. It lays down the framework for the country's political system, defining the powers and responsibilities of government institutions, and outlining the principles of governance. It establishes a parliamentary system, with a Prime Minister who exercises most executive power. The President's role is mostly ceremonial, though the President does retain the power to ask the council to reconsider its advice.
The Constitution also sets out the duties of citizens. These duties are a set of moral and ethical obligations that citizens are expected to uphold towards the nation. They guide citizens in their moral and civic obligations, fostering a collective ethos that is vital for the sustained progress and well-being of the nation. They draw inspiration from various sources, including the Constitution of the erstwhile Soviet Union, the thoughts of Mahatma Gandhi, and other constitutional experts. They reflect a blend of national and international values.
The Fundamental Duties were incorporated into the Constitution in 1976, following the recommendations of the Sardar Swaran Singh Committee, which was appointed to make recommendations about Fundamental Duties during the operation of the internal emergency from 1975 to 1977. The Committee observed that in addition to the enjoyment of rights, citizens should also perform certain duties. The 42nd Constitutional Amendment Act of 1976 added a new part (Part IVA) to the Constitution, consisting of a single article (Article 51A) which specifies a code of ten fundamental duties of the citizens of India. The 86th Constitutional Amendment Act of 2002 added an eleventh duty, bringing the total to eleven, where they have remained since.
The eleven Fundamental Duties are as follows:
- To abide by the Constitution and respect its ideals and institutions, the National Flag, and the National Anthem.
- To cherish noble ideals of the freedom struggle.
- To uphold and promote the sovereignty, unity, and integrity of India.
- To defend the country and render national service when called upon.
- To promote harmony and the spirit of common brotherhood amongst all people of India, transcending religious, linguistic, and regional differences, and to renounce practices that are detrimental to the unity and integrity of India.
- To value and preserve the rich heritage of India's composite culture.
- To protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
- To develop the scientific temper, humanism, and the spirit of inquiry and reform.
- To safeguard public property and to abjure violence.
- To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
- To provide opportunities for education to their child or ward between the ages of six and fourteen years.
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Frequently asked questions
The Constitution of India is the supreme law of the Republic of India. It is the fundamental law of the land, embodying the country's values, principles, and governance framework. It is the supreme legal authority that binds the legislative, executive, and judicial organs of the government.
The Constitution describes India, also known as Bharat, as a "'Union of States'" and a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government.
The Constitution of India lays down the framework for the country's political system, defining the powers and responsibilities of government institutions, fundamental rights, directive principles, and the duties of citizens. It provides for a federal system of governance, separation of powers, free and fair elections, equality before the law, and a secular state.
India's commitment to the rule of law is reflected in the Constitution through its establishment of a parliamentary system, with a Prime Minister exercising most executive power. The Constitution also grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate any legislations or government actions that violate it.
One unique feature is that it provides for a single integrated system of courts, with the Supreme Court at the apex, to administer both Union and State laws. Another feature is Universal Adult Franchise, which serves as the basis for elections to the Lok Sabha and State Legislative Assemblies, granting all citizens above the age of 18 the right to vote without any discrimination.
