Isabella Carter
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, as well as the fundamental rights, directive principles, and duties of citizens. Given its vastness and complexity, learning and teaching the Constitution of India can be challenging. However, with dedication and a good understanding of its structure and history, it can be a rewarding and engaging process. The Constitution is a living document that adapts to changing scenarios in the country, and each word within it holds significance.
| Characteristics | Values |
|---|---|
| Lengthiest Written Constitution | 448 Articles |
| Drawn from Various Sources | Government of India Acts 1935, 1858, 1919, and Indian Councils Acts of 1861, 1892, and 1909, Indian Independence Act 1947 |
| Blend of Rigidity and Flexibility | 12 Schedules |
| Supreme Legal Document | Sovereign, Socialist, Secular, and Democratic Republic |
| Sets Out Fundamental Rights | Justice, Equality, and Liberty |
| Espouses Constitutional Supremacy | Promoting Fraternity |
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What You'll Learn
The Constitution as a living document
The Constitution of India is the supreme legal document of India and the longest written national constitution in the world. It is a living and breathing document that evolves with time. The document lays down the framework that demarcates 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 idea of a living constitution is that it is a dynamic document that develops alongside society's needs, providing a more malleable tool for governments. It is interpreted and transformed according to the necessities of the time and situation. The Indian Constitution is flexible and broad, allowing for societal changes over time. This is evident in the amendment process, which has allowed for numerous changes to various parts of the constitution, including the Preamble, Directive Principles, Judicial Review, Emergency Provisions, Anti-Defection Law, and Election Commission.
The living nature of the Indian Constitution is also reflected in the interpretation of fundamental rights, which have evolved over time. For example, in the case of K.S. Puttaswamy v. Union of India (2017), the Supreme Court declared the right to privacy as a fundamental right. Similarly, in the case of M.C. Mehta v. Union of India (1987), the Supreme Court recognized the right to a clean environment as a fundamental right.
The Constitution's flexibility is also demonstrated through its ability to accommodate social and technological changes. For instance, reservation policies have been modified and expanded to include more communities, such as the Mandal Commission recommendations leading to reservations for Other Backward Classes (OBCs). Additionally, the LPG reforms of 1991 diluted the Socialist ideas in the Indian political spectrum, showing how the Constitution can adapt to changing social and economic ideologies.
The Indian Constitution's living nature is further emphasized by its ability to respond to situations and circumstances as they arise. This is particularly notable in the case of Article 370 abrogation, where a constitutional amendment in 2019 granted special autonomous status to the state of Jammu and Kashmir. The Constitution's flexibility and adaptability to changing circumstances ensure its durability and respect from citizens in a democratic society.
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The structure and procedures of the government
The Government of India is divided into the executive, legislative, and judicial branches. The legislative branch consists of elected representatives voted into office by universal adult suffrage. Citizens aged 18 and older are allowed to vote for representatives from many different political parties. The party or coalition of parties that wins the most seats forms the government, while the losing parties form the opposition. The legislative branch is responsible for enacting legislation, along with the formulation and implementation of policies, and maintaining law and order.
The executive branch is headed by the President, who is the head of state. The President appoints the Chief Justice and 33 associate justices to the Supreme Court. The cabinet secretary is the top-most executive official and senior-most civil servant of the Government of India. They are the ex-officio head of the Civil Services Board, the Cabinet Secretariat, the Indian Administrative Service (IAS), and the head of all civil services.
The judicial branch consists of the Supreme Court, which is the highest court in the land, and the lower courts. The Supreme Court interprets the Constitution and is the final arbiter of the law. It also has the power to review and strike down laws passed by the legislative branch if they are found to be unconstitutional.
The Government of India also consists of different ministries and departments, each headed by a secretary who acts as the principal adviser to the minister on matters of policy and administration. These departments are responsible for formulating and executing policies related to their respective areas of business.
Local governments function at the basic level and consist of panchayats in rural areas and municipalities in urban areas. They are directly or indirectly elected by the people and have jurisdiction over matters such as public health, sanitation, infrastructure development, education, and social welfare.
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The powers and duties of government institutions
The Constitution of India is the supreme legal document of India and is the world's longest written national constitution. It outlines the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out the fundamental rights, directive principles, and duties of citizens. It also asserts constitutional supremacy, as it was created by a Constituent Assembly rather than Parliament.
The Government of India is modelled after the Westminster system. The Union government is composed of the executive, the legislature, and the judiciary, and powers are vested by the constitution in the council of ministers, parliament, and the supreme court, respectively. The president of India is the head of state and commander-in-chief of the Indian Armed Forces, while the prime minister, who is elected, acts as the head of the executive and is responsible for running the Union government. The prime minister and their senior ministers belong to the Union Council of Ministers, with its executive decision-making committee being the cabinet.
The judiciary contains an apex supreme court, 25 high courts, and hundreds of district courts, all of which are subordinate to the supreme court. The supreme court is the final court of appeal in the country, and its rulings are binding on all other courts and the union and state governments. It safeguards the fundamental rights of citizens and settles disputes between various governments in the country. The law also grants the supreme court original, appellate, and advisory jurisdictions. As an advisory court, it hears matters specifically referred to it under the constitution by the president.
The Indian Constitution divides power between the governments of the union and the states of India, with the latter being ruled by chief ministers. The state legislature is bicameral in six states and unicameral in the rest. The lower house is elected with a five-year term, while in the upper house, one-third of the members are elected every two years and serve six-year terms. Local governments function at the basic level, consisting of panchayats in rural areas and municipalities in urban areas. They are elected directly or indirectly by the people.
The government provides political guidance and exercises executive and regulatory powers. It also plays a significant role in economic policy guidance through its budget bill and related acts. It has the power to initiate legislation and may exercise legislative powers in two cases: when Parliament specifically asks it to, and in urgent circumstances when immediate action is required. The government may also issue regulations to carry out laws and enforce policies. In addition, the government appoints top-level officials within the central government and public bodies.
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The fundamental rights of citizens
The Fundamental Rights of Indian Citizens, as outlined in the Indian Constitution, are a charter of rights that assure all Indians the ability to live in peace and harmony as citizens of India. These rights are fundamental to the development of the country and its citizens, and are enshrined in Part III (Articles 12–35) of the Constitution. They are enforceable by the courts and are subject to certain restrictions.
The Fundamental Rights include the Right to Equality, which guarantees equal rights for everyone, irrespective of religion, gender, caste, race, or place of birth. This right also includes the abolition of titles and untouchability, and ensures equal employment opportunities in the government. The Right to Freedom is another important aspect, which includes the freedom of speech and expression, freedom of profession, practice and propagation of religion, and the freedom to reside and settle in any part of the country. This right also protects citizens from undue restriction, harassment, or oversight by the government.
The Right to Life and Personal Liberty is another fundamental guarantee, which includes protection against arbitrary arrest and detention, and the prohibition of trafficking of human beings and forced labour. The Right to Education is also a fundamental right, ensuring that every child between the ages of 6 and 14 is entitled to free education. The Right to Constitution Remedies empowers citizens to approach the courts if any of their fundamental rights are denied, and the courts are, in turn, empowered to preserve and safeguard these rights.
The Fundamental Rights of Indian Citizens are a powerful tool to ensure the protection and development of the citizens and the country. They are a key part of the Constitution, which is the supreme legal document of India and the longest written national constitution in the world.
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The history of its drafting
The history of the Constitution of India dates back to the British Raj in India. The roots of the Indian Constitution lie in the nationalist movement against colonial rule as well as movements for responsible and constitutional governments in the princely states. In 1928, the All Parties Conference convened a committee in Lucknow to prepare the Constitution of India, which was known as the Nehru Report.
In 1934, while leaders continued their battle for freedom against the British, an idea was put forth of creating a Constituent Assembly, which would prepare a Draft Constitution for India. The Constituent Assembly, which was elected by members of the provincial assemblies, initially consisted of 389 members (reduced to 299 after the partition of India) and took almost three years to draft the constitution. During this time, the Assembly held eleven sessions over a 165-day period.
In 1946, Sir B. N. Rau, a civil servant, was appointed as the assembly's constitutional advisor. Rau prepared the initial draft of the constitution in February 1948, which consisted of 243 articles and 13 schedules. This draft was then considered, debated, and amended by the seven-member drafting committee, which was appointed on 29 August 1947 with B. R. Ambedkar as chair. A revised draft constitution was prepared by the committee and submitted to the assembly on 4 November 1947.
The final draft of the Constitution was completed after two years, 11 months and 18 days of deliberations, debates, and discussions. It came into effect on 26 January 1950, which is celebrated every year in India as Republic Day. The Constitution of India is the supreme legal document of India and the longest written national constitution in the world.
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Frequently asked questions
The Constitution of India is the supreme legal document of India and is the longest written national constitution in the world. 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 of India was drafted by the 389-member Constituent Assembly, which was elected by members of the provincial assemblies. The Constituent Assembly was responsible for repealing the Indian Independence Act 1947 and the Government of India Act 1935. The Constitution was influenced by previous legislation such as the Government of India Acts 1858 and 1919, and the Indian Councils Acts of 1861, 1892 and 1909.
The Constitution of India is a complex and vast document, so it can be challenging to remember. One tip is to understand the logic behind the Constitution, such as how Part 3 deals with fundamental rights, while Part 4 deals with DPSP. Additionally, you can use specific Mnemonics, such as "Law removes all doubt", where "law" stands for Article 14, D for discrimination (Article 15), O for opportunity in public employment (Article 16), and so on.
Some notable articles in the Constitution of India include Article 72, which grants mercy power to the president, and Article 102, which covers the disqualification of members of parliament. Additionally, Article 5 to 9, 60, and 324 came into force on November 26, 1949, before the remaining articles became effective on January 26, 1950, which is celebrated as Republic Day in India.
