Simone Lawson
The Constitution of India is the supreme legal document and the longest written national constitution in the world. It outlines the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out the rights and duties of citizens. The constitution came into force on 26 January 1950, and since then, it has shaped India's democracy and governance. The constitution establishes India as a sovereign, democratic republic with a parliamentary form of government, guaranteeing fundamental rights to citizens and providing a framework for effective governance. This introduction will explore the key features and effectiveness of India's constitution in ensuring citizen's rights and guiding the country's functioning.
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What You'll Learn
The Constitution of India is the supreme legal document of India
The Constitution of India is the country's supreme legal document and the world's longest written national constitution. It lays out the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out the fundamental rights, directive principles, and duties of citizens. The Constitution came into force on 26 January 1950, marking India's transition from a dominion of the British Crown to a sovereign, democratic republic.
The Constitution establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government. It provides for a federal system of governance, with power shared between the Union and the States, and a separation of powers between the legislative, executive, and judicial branches. The legislative power rests with Parliament, which can make laws necessary for implementing international agreements and treaties. The executive power includes treaty-making, with the Prime Minister responsible for making international treaties. The judiciary is independent and empowered to invalidate legislation or government actions that violate the Constitution.
The Constitution guarantees fundamental rights to citizens, including freedom of speech, expression, and religion. It also establishes a single citizenship principle, ensuring that all citizens, regardless of their state of birth or residence, enjoy the same political and civil rights across the country. The Constitution provides for a three-tier government, with power divided between the central government, state governments, and local governments. This decentralized system promotes effective governance and participatory democracy by delegating authority to address regional and local issues.
The Indian Constitution also establishes certain independent bodies, such as cooperative societies, which are seen as essential to the democratic system of government. It includes emergency provisions that empower the President to effectively address extraordinary situations and safeguard the country's sovereignty, unity, integrity, security, and democratic system. The Constitution is a living document, with amendments made over time to reflect the evolving needs and aspirations of the nation.
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The Indian Constitution establishes a three-tier government
The Indian Constitution is the supreme legal document of India and is the world's longest written national constitution. It came into effect on 26 January 1950, the date celebrated annually as Republic Day. The Constitution establishes a three-tier government, with each tier governing the same citizens but with different jurisdictions. These tiers are the Union Government, the Central Government, and the Panchayats and Municipalities.
The Union Government, also referred to as the Federal Government, manages issues concerning the country as a whole. It is composed of the executive, the legislature, and the judiciary. The President of India is the head of state and commander-in-chief of the Indian Armed Forces, while the elected Prime Minister acts as the head of the executive and is responsible for running the Union Government. The Parliament is bicameral, with the Lok Sabha as the lower house and the Rajya Sabha as the upper house. The judiciary contains the Supreme Court, 25 High Courts, and numerous district courts, all of which are subordinate to the Supreme Court.
The Central Government, also known as the State Government, deals with issues at the state level. It ensures the proper division of powers established in the jurisdiction. Matters such as healthcare, infrastructure, and agriculture are under the supervision of the State Government, which is also responsible for constructing transportation and roads. The State Government also empowers local governments to levy property taxes and charge for public utilities like water supply and sewage.
The third tier, comprising Panchayats and Municipalities, was introduced through the 73rd and 74th constitutional amendments in 1992. This tier manages issues at the district level. The 74th Amendment also foresaw urban local bodies and Municipalities, with the State Legislatures charging the foundation of the local bodies system to function and hold power.
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The Constitution guarantees fundamental rights to citizens
The Constitution of India is the country's supreme legal document and the world's longest written national constitution. It lays out the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. The constitution guarantees fundamental rights to citizens, which are enforceable by the courts and include civil liberties such as freedom of speech and religion, as well as socio-economic rights.
The Fundamental Rights in India are enshrined in Part III (Article 12–35) of the Constitution and guarantee civil liberties so that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as "fundamental" as they are considered essential for the development of the personality of every individual and to preserve human dignity. They are also essential for all-round development, including material, intellectual, moral, and spiritual development. The writers of the constitution regarded democracy as being dependent on the recognition and protection of civil liberties by the State.
The Fundamental Rights include the right to equality, including equality before the law, and the prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth. They also include equality of opportunity in matters of employment, with equal employment opportunities in the government and insurance against discrimination by the State in matters of employment on the basis of caste, religion, etc. The right to equality also includes the abolition of titles and untouchability.
The Fundamental Rights also include the right to freedom of speech and expression, assembly, association or union, movement, and residence, as well as the right to practice any profession or occupation. These rights are subject to certain restrictions, including state security, public morality and decency, and friendly relations with foreign countries. The Constitution also guarantees the right to constitutional remedies for the protection of civil rights by means of writs.
In addition to these individual rights, the Fundamental Rights also include the right of any section of citizens to conserve their culture, language, or script, and the right of minorities to establish and administer educational institutions of their choice. The right to freedom of religion is also guaranteed, with freedom of conscience, profession, practice, and propagation of religion. Every person has the right to freely practice their faith and establish and maintain religious and charitable institutions.
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The Constitution establishes a single integrated system of courts
The Constitution of India is the supreme legal document of India and is the longest written national constitution in the world. It was adopted in 1950, and the country became a sovereign, democratic republic. The Constitution establishes a single integrated system of courts, with the High Courts of the States directly constituted by the national constitution. This system is sometimes referred to as integrated federalism.
The Indian Constitution allows states to set up lower courts under the control of the state's High Court. Cases heard or appealed at the High Courts can be further appealed to the Supreme Court of India in certain circumstances. The Supreme Court of India has the power of judicial review, which means it can declare a Legislative or Executive Act in violation of the Constitution. The Supreme Court also has original jurisdiction over certain cases, such as suits between two or more states, and appellate jurisdiction over almost all other cases involving a point of constitutional or federal law.
The Constitution includes treaty-making as part of the executive power given to the President, who must act in accordance with the advice of the Council of Ministers. While the President's signature on an international agreement does not bring it into effect, recent Supreme Court decisions have incorporated aspects of international law without enabling legislation from Parliament. This implies that international law applies domestically unless Parliament expressly states otherwise.
The Constitution of India is an effective framework for the country's governance, providing a clear structure and delineation of powers and duties for government institutions. It also sets out fundamental rights and directive principles for citizens, ensuring a democratic system.
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The Constitution provides for emergency provisions
The Constitution of India is the country's supreme legal document and the world's longest written national constitution. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. The Constitution came into force on 26 January 1950, marking India's transition from a dominion of the British Crown to a sovereign, democratic republic.
Article 352 of the Constitution deals with the proclamation of a national emergency due to "war, external aggression, or armed rebellion." This provision enables the Union government, with the approval of the President, to issue a proclamation declaring the existence of an emergency. The proclamation must be approved by both houses of Parliament within one month, and it can remain in force for up to six months unless extended by Parliament. During a national emergency, the Union government can issue directives to states and assume control over state administrative and legislative functions.
Article 356 of the Constitution addresses state emergencies, allowing the Union government to dismiss the state government and assume direct control over the state's administration. This provision can be invoked if the state government fails to function according to the provisions of the Constitution or if the state's governance cannot be carried out according to the provisions of the Constitution. The Union government, with the approval of the President, issues a proclamation declaring the failure of constitutional machinery in the state. This proclamation must also be approved by Parliament.
Additionally, the Constitution provides for financial emergencies under Article 360. If the President, on the advice of the Union Cabinet, is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened, a financial emergency can be declared. This enables the Union government to issue directions to states regarding the management of their finances and assumes powers to cut expenditures and restrict withdrawals from the Consolidated Fund of India.
These emergency provisions in the Constitution of India provide a framework for the government to address extraordinary situations while maintaining a balance between authority and accountability. They ensure that the government has the necessary tools to protect the nation's security, public order, and constitutional integrity during times of crisis.
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Frequently asked questions
The Constitution of India is the supreme legal document and the fundamental set of principles of the country. It is the longest written national constitution in the world. It was adopted in 1950 and amended in 2011.
The Constitution of India establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a Parliamentary form of Government. It lays out the framework for governance based on the rule of law, ensuring that no individual, including government officials, is above the law. It also guarantees fundamental rights to citizens, including freedom of speech, expression, and religion.
The Constitution of India establishes a three-tier government, dividing governmental powers and responsibilities among the central government, state governments, and local governments. It also allows for a single integrated system of courts to administer both Union and State laws. The Supreme Court of India is the highest authority in this system, with decisions that are binding on all Courts within the territory of India.
