Malcolm Rivera
The Indian Constitution is the supreme law of the Republic of India, providing a framework for the country's political system and defining the powers and responsibilities of government institutions. It is one of the longest and most detailed written constitutions in the world, with 448 articles and 12 schedules. The Constitution was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950, establishing India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary system of government. The Constitution grants fundamental rights to citizens, empowers the judiciary to invalidate laws or government actions that violate it, and provides for a federal system of governance with a separation of powers between the legislative, executive, and judicial organs.
| Characteristics | Values |
|---|---|
| Date Adopted | 26 November 1949 |
| Date Effective | 26 January 1950 |
| Type of Government | Parliamentary system |
| Republic | Sovereign Socialist Secular Democratic |
| Constituent Assembly Size | 389 members (initially) |
| Number of Articles | 448 |
| Number of Schedules | 12 |
| Independence of Judiciary | Yes |
| Supreme Court Judge Removal | Only by order of the President after an address by each House of Parliament |
| Treaty-Making | Executive power given to the President, but the Prime Minister is the chief party responsible |
| Dualist or Monist | Dualist, but moving towards a hybrid regime |
| Division | Divided into 25 Parts |
| Council of Parliament | Consists of the President, the Council of States (Rajya Sabha), and the House of the People (Lok Sabha) |
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What You'll Learn
The Indian Constitution is the supreme law
The Constitution provides for a parliamentary form of government, with a federal structure and certain unitary features. It establishes India as a 'Sovereign Socialist Secular Democratic Republic', and it is the source of legal authority, empowering Parliament and the Legislatures of States and Union Territories to enact statutes. The Constitution grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislation or government actions that violate it.
The Constitution includes treaty-making as part of the executive power given to the President. However, because the President must act on the advice of the Council of Ministers, the Prime Minister is the chief party responsible for making international treaties. The Constitution also allows states to set up lower courts under and controlled by the state's High Court. Cases heard at or appealed to the High Courts can be further appealed to the Supreme Court of India in some cases.
The Supreme Court of India has also played a role in shaping the Constitution. For example, in the Kesavananda Bharati v. State of Kerala case, the Supreme Court held that there were certain 'Basic Structure' features of the Indian Constitution so integral to its functioning and existence that they could never be cut out of the Constitution. Another example is the Gramophone Company of India Ltd. v Birendra Bahadur Pandey case, where the Court held that "the rules of international law are incorporated into national law and considered to be part of the national law, unless they are in conflict with an Act of Parliament."
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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. The constitution was drafted by the Constituent Assembly, which was elected by the members of the provincial assemblies. It was adopted by the Constituent Assembly on 26 November 1949 and became effective on 26 January 1950.
The term "sovereign" signifies India's independence and its right to govern itself without interference from external sources. It denotes the supreme and ultimate power of the state, with both external and internal aspects. External sovereignty refers to the independence of a state in its conduct with other states, while internal sovereignty relates to the relationship between the state and individuals within its territory, encompassing the executive, legislature, judiciary, and administration.
The term "socialist" in the constitution is not explicitly defined but is reflected in the Directive Principles of State Policy, which embody the philosophy that the welfare of society as a whole should take precedence over individual interests. It promotes the achievement of socialist goals through democratic, evolutionary, and non-violent means, advocating for the equal distribution of wealth and the government's regulation of land and industry ownership to reduce socio-economic inequalities.
By including the term "secular," the constitution ensures that India is not a theocratic state and does not have an official religion. It establishes that the relationship between the government and religious groups is determined by the constitution and law, providing for equal freedom and respect for all religions.
The Indian Constitution, with its establishment of a Sovereign Socialist Secular Democratic Republic, provides a framework for a representative form of government that suits the country's diverse and vast population.
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It outlines the rights and responsibilities of citizens
The Indian Constitution is the supreme law of the Republic of India. It outlines the rights and responsibilities of citizens, and the powers and responsibilities of government institutions. It is a set of rules and regulations that guide the country's administration and political system.
The Constitution grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate any legislation or government action that violates the Constitution. It establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary system of government. The Constitution provides for a Parliamentary form of government which is federal in structure with certain unitary features. The constitutional head of the Executive of the Union is the President, who is advised by the Council of Ministers, with the Prime Minister as its head.
The Constitution includes treaty-making as part of the executive power given to the President. However, because the President must act on the advice of the Council of Ministers, the Prime Minister is the chief party responsible for making international treaties. The Constitution also bestows on Parliament the power to make laws necessary for implementing international agreements and treaties. These provisions indicate that the Constitution of India is dualist, meaning that treaty law only takes effect when a domestic law is passed to incorporate it into domestic law.
The Indian Constitution is one of the longest and most detailed written constitutions in the world. It is structured into various Parts, each dealing with a specific aspect of the country's legal, administrative, or governmental framework. Each Part contains several Articles, which are specific provisions or clauses that detail various aspects of the country's legal and governmental framework. The Seventh Schedule of the Constitution contains three lists: a Union List, a State List, and a Concurrent List, which outline the matters on which Parliament and State Legislatures are empowered to make laws.
The Constitution also establishes a single integrated system of courts to administer both Union and State laws. The Supreme Court of India is at the apex of the entire judicial system, followed by the High Courts in each State or group of States. The Constitution allows states to set up lower courts under and controlled by the state's High Court.
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It establishes a parliamentary form of government
The Indian Constitution establishes a parliamentary form of government, with a federal structure and certain unitary features. It is a system of government based on the Westminster model. The Constitution vests power in the hands of the chosen representatives of the people, upholding the principle of 'no taxation without representation'. The legislative, executive, and judicial organs of the government are bound by the Constitution, which is the supreme legal authority.
The Constitution outlines the framework for the country's political system, defining the powers and responsibilities of government institutions and the rights and duties of citizens. It establishes the Parliament of the Union, consisting of the President and two Houses: the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). The Constitution also provides for a Council of Ministers, headed by the Prime Minister, to aid and advise the President. The President is the constitutional head of the Executive of the Union and exercises their functions in accordance with the advice of the Council of Ministers.
The Parliament of India is competent to make laws on matters outlined in the Union List, while State Legislatures make laws on the subjects in the State List. Both the Union and the States have the power to legislate on matters in the Concurrent List, but Parliament prevails in the event of a conflict. The Constitution also grants Parliament the power to make laws necessary for implementing international agreements and treaties, although these only take effect when incorporated into domestic law.
The Indian Constitution provides for a single, integrated system of courts to administer both Union and State laws. The Supreme Court of India is at the apex of the judicial system, followed by the High Courts, which are directly constituted by the national Constitution. The High Courts preside over the District Courts, and below them are the Village/Panchayat Courts, which decide civil and criminal disputes of a petty and local nature.
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It establishes the independence of the judiciary
The Indian Constitution, which came into force on 26 January 1950, establishes the independence of the judiciary in several ways. Firstly, it provides for the separation of powers among the legislature, executive, and judiciary, ensuring that each branch operates independently within its sphere of authority. This is a crucial feature for ensuring an independent judiciary, as it prevents interference from other branches of the government.
The Constitution also grants financial autonomy to the judiciary, allowing it to manage its budgetary requirements independently and reducing the potential for external influence. Additionally, it provides for security of tenure and conditions of service for judges, ensuring that they can perform their functions without fear of removal or external pressures. The Constitution further outlines that judges enjoy certain immunities and privileges, protecting them from external pressures or influences while carrying out their judicial duties.
The judiciary in India has the power of judicial review, which enables it to examine the constitutionality of laws passed by the legislature and actions taken by the executive. This power ensures that the judiciary can act as a check on the other branches of government, further solidifying its independence.
The independence of the judiciary is guaranteed by the State and enshrined in the Constitution, with all governmental and other institutions having a duty to respect and observe this independence. This includes the right to fair and impartial decision-making, free from any restrictions, improper influences, or interferences. The judiciary has exclusive authority to decide on matters within its competence as defined by law, and judicial decisions are not subject to revision by other branches of government.
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Frequently asked questions
The Indian Constitution is the supreme law of the Republic of India. It is one of the longest and most detailed written constitutions in the world, containing 448 articles. It lays down the framework for the country’s political system, defining the powers and responsibilities of government institutions, and safeguarding the fundamental rights and duties of citizens.
The Indian Constitution was drafted by the Constituent Assembly, which was elected by members of the provincial assemblies. The Constituent Assembly was established in 1946 and the Constitution was adopted on 26 November 1949, coming into force on 26 January 1950. The Constituent Assembly took almost three years to draft the constitution, holding eleven sessions over a 165-day period.
The Indian Constitution establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary system of government. It provides for a federal system of governance with a single integrated system of courts, and an independent judiciary. It also includes provisions for a parliamentary form of government with a Prime Minister and President, and a Council of Ministers to aid and advise the President.
The Indian Constitution is dualist, meaning that treaty law only takes effect when incorporated into domestic law. However, recent Supreme Court decisions have incorporated aspects of international law, implying that international law applies domestically unless parliament says it does not.
