Eleanor Finch
India is a democratic republic with a constitution that sets out the country's political code, federal structure, powers of government, and guarantees Indians' rights, including equality before the law and freedom of speech, assembly, and movement. The constitution is secular, prohibiting the persecution of individuals for their religious beliefs, and it recognises no class barriers. However, the country's democracy has been under threat since Prime Minister Narendra Modi rose to power in 2014, with his government engaging in the suppression of dissent and the erosion of democratic institutions, norms, and practices.
| Characteristics | Values |
|---|---|
| Democratic Republic | All adult citizens have the right to vote |
| Secular | Prohibits the persecution of individuals for their religious beliefs |
| Parliamentary System | A council of ministers with the Prime Minister as its head aids and advises the President |
| Sovereign | Independent from any other state or entity |
| Socialist | The government controls some means of production and distribution |
| Federal Structure | Political power is divided between the Union and the states |
| Rights and Freedoms | Equality before the law and freedom of speech, assembly, movement, opinion, and association |
| Judiciary | Supreme Court at the top |
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What You'll Learn
The constitution is secular
The Indian Constitution is secular in that it prohibits the persecution of individuals for their religious beliefs. It does not, however, enforce a complete separation of church and state in the same way as the US Constitution. The Indian Constitution has allowed for extensive interference from the state in religious affairs.
The Indian Constitution guarantees Indians' rights to equality before the law and freedom of speech, assembly, movement, and others. It also ensures that there is no official state religion in India. The 7th Schedule of the Indian Constitution places religious institutions, charities, and trusts into the Concurrent List, which means that both the central government and various state governments can make laws about religious institutions. If there is a conflict between the laws, the central government law prevails. This principle of overlap, rather than separation, between religion and state was further recognised in a series of constitutional amendments, starting with Article 290 in 1956, and the addition of the word 'secular' to the preamble in 1975.
The inclusion of the word 'secular' in the preamble was first proposed by Prof K T Shah in 1948, during a debate in the Constituent Assembly. However, the word was not included in the preamble until 1975, when the 42nd Amendment was passed by the Indira Gandhi-led government. The spirit of secularism was always part of the Constitution, but it was only formally inserted into its body with the passing of the 42nd Amendment.
The degree of separation between the state and religion has varied since the establishment of the Republic. Secularism in India has been interpreted as the equality before the law of all religions, with the state remaining neutral. This interpretation has been contested by Hindu nationalists, who characterise secularism as practiced in India as pseudo-secularism, for the "political appeasement of minorities".
In modern India, personal laws—on matters such as marriage, divorce, inheritance, and alimony—vary depending on one's religion. For example, Muslims have the option to marry under secular law if they wish.
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It guarantees freedom of speech, assembly, movement, etc
The Indian Constitution, which came into force on 26 January 1950, guarantees its citizens a range of fundamental rights, including freedom of speech, assembly, and movement.
Article 19 of the Constitution of India outlines these freedoms. It states that all citizens have the right to freedom of speech and expression, the right to assemble peaceably and without arms, and the right to move freely within the country. This includes the freedom to reside and settle in any part of India, and to acquire, hold, and dispose of property. The right to freedom of speech and expression is also protected under Article 19(1)(a) of the UDHR, which is implied in the Indian Constitution.
The Constituent Assembly of India debated freedom of speech and expression on multiple occasions before adopting the Draft Article on 17 October 1949. The Assembly voted to include the "Right to freedom of speech and expression" in the Constitution, which came into force in 1950. This right is not absolute and is subject to certain restrictions outlined in the Constitution, such as laws relating to libel, slander, defamation, and sedition. The Assembly also debated and adopted amendments regarding laws on contempt of court and the restriction of freedom of speech to counteract its "abuse".
The Indian Constitution guarantees its citizens the right to freedom of assembly, allowing them to come together for various purposes, including protests, demonstrations, and discussions. This right is also subject to reasonable restrictions imposed in the interests of public order, sovereignty, and integrity. For example, the Supreme Court upheld the right to freedom of assembly by striking down a rule that allowed the police commissioner to impose a total ban on all public meetings and processions.
The right to freedom of movement is also guaranteed by the Indian Constitution, allowing citizens to move within the country, reside in any part of India, and settle in the place of their choice. However, similar to the right to assembly, this right can be reasonably restricted in the interests of public order, security of the state, or the sovereignty and integrity of India.
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It ensures equality before the law
The Indian Constitution, which came into force on 26 January 1950, is a democratic document that sets out the country's political code, federal structure, powers of government and guarantees Indians' rights, including equality before the law.
Article 14 of the Constitution of India, 1950, affirms the fundamental right of "equality before the law" and "equal protection of the law" to all persons. It states that the State shall not deny any person equality before the law or equal protection of the laws within the territory of India. This article ensures that the "Right to Equality" is firmly established in the written constitution, guaranteeing fundamental rights regardless of discriminatory factors.
The "equality before the law" principle is a celebrated concept in any democracy, as it fights for the preservation of human rights. Providing constitutional status to this principle ensures its protection by the law itself, and any violation of this right can lead to legal action. The "Right to Equality" was proposed to gain equal rights over discrimination of any kind for both citizens and non-citizens of India, including discrimination based on caste, sex, religion, and place of origin.
The "equal protection of the laws" is derived from the US Constitution, specifically the 14th Amendment, which states that the law should be applied fairly to all people. This concept protects the rights, privileges, and immunities of citizens and ensures that all people should be treated equally, regardless of gender, economic background, caste, or other factors.
The guarantee of equality before the law is an aspect of what is known as the Rule of Law. This means that no person shall be subjected to harsh, uncivilized, or discriminatory treatment, even when securing the exigencies of law and order. The purpose of Article 14 is to ensure that similarly circumstanced persons are treated similarly, both in privileges conferred and liabilities imposed. This classification must be rational and not arbitrary.
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It allows for a parliamentary form of government
The Indian Constitution, adopted in 1950, provides for a parliamentary form of government, which is federal in structure with certain unitary features. This form of government was chosen over the American presidential system, as it was believed to be better suited to accommodate the varied and diverse groups within India's population. The founding fathers of the Indian Constitution were also influenced by the British system, which was familiar to Indians from their experience with British colonial rule.
The parliamentary system in India is founded on the notion of collaboration and coordination between the legislative and executive branches. The legislature and the executive share authority, with both organs being dependent on one another. The executive is accountable to the legislature and remains in office only as long as it has the legislature's confidence. The executive is headed by the Prime Minister, who is usually the leader of the majority party in Parliament and appoints their own Cabinet, which should not be made up of members of Parliament. The Cabinet is answerable to Parliament, and if it loses the confidence of Parliament, it must resign.
In contrast, the presidential system has a strict separation of powers between the executive and the legislature, which could cause conflicts that a newly independent country like India could ill afford. In this system, the head of state and the head of government are one and the same, and neither the President nor their Secretaries are accountable to the legislature.
The Indian Parliament consists of two chambers: the Rajya Sabha (the upper house) and the Lok Sabha (the lower house). The Prime Minister can be from either house, which is a point of difference from the British system, where the Prime Minister is always from the lower house.
The parliamentary system requires stable support to be effective, but it also demands constant questioning and challenges to ensure fidelity to the common good. A balanced mix of strong support and effective opposition is important for the health of the system.
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It provides for a federal structure with unitary features
The Indian Constitution blends federal and unitary features, creating a unique system that balances power between the central and state governments. It establishes a dual polity, with the Union and state governments handling different areas of governance.
The Indian Constitution establishes a dual polity that consists of the Union at the Centre and the States. The Union government at the centre deals with matters of national importance, such as defence, foreign affairs, and currency, while the state governments handle matters of regional and local importance, such as public order, agriculture, health, and local government. This is a pragmatic blend of autonomy and central authority, shaped by the country's diverse needs and historical context.
The Constitution provides for a flexible framework, with the process of constitutional amendment being less rigid than in other federations. While certain provisions of the Constitution that seek to change aspects of federalism in India require a more complex process, the bulk of constitutional provisions can be amended by the unilateral action of the Parliament, either by a simple majority or a special majority. Furthermore, only the Centre has the power to initiate an amendment to the Constitution.
The Constitution also establishes a single citizenship system, ensuring that all citizens, regardless of their birthplace or current residence, have equal rights throughout the country. This is in contrast to a typical federation, where sovereignty is split between two territorial levels, allowing each level to act independently in certain areas.
In terms of the judiciary, the Constitution of India has instituted a unified judicial system, with the Supreme Court at the apex. The integrated nature of the judiciary means that any ruling made by a higher court is binding on the lower courts. This is another example of a unitary feature within the federal structure.
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Frequently asked questions
The Indian Constitution is the supreme legal document of the country and the world's longest written constitution. It establishes India as a democratic republic, guaranteeing rights such as equality before the law, freedom of speech, assembly, movement, opinion, and association. The Constitution also sets out the country's political code, federal structure, and powers of the government.
The Indian Constitution promotes democracy by providing for a parliamentary form of government with a President as the head of state, an executive headed by the Prime Minister, and a bicameral legislature consisting of the Rajya Sabha and Lok Sabha. It also recognises no class or caste barriers and prohibits the persecution of individuals for their religious beliefs.
While India is a democratic republic, democratic institutions, norms, and practices have been under threat in recent years. Since Prime Minister Narendra Modi rose to power in 2014, his BJP-led government has been accused of suppressing dissent, attacking civil liberties, personal rights, and free speech, and eroding trust in the country's democratic foundations.
