Omar Bennett
The Constitution of India is the supreme legal document of India 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 the fundamental rights and duties of citizens. The Indian Constitution is unique in that it provides for a single integrated system of courts to administer both Union and State laws, with the Supreme Court of India at the apex of the judicial system. The Constitution of India is also notable for its frequent amendments and the specificity with which it spells out government powers. This has led to a unique feature of the Indian Constitution, the 'Basic Structure' Doctrine, which means that certain features of the Constitution are so integral that they cannot be amended.
| Characteristics | Values |
|---|---|
| Legal status | The Constitution of India is the supreme legal document of India |
| Written or unwritten | The Constitution of India is a written document |
| Length | The Constitution of India is the longest national constitution in the world |
| Framework | The Constitution of India lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens |
| Amendments | The Indian Constitution is the world's most frequently-amended national governing document |
| Amendment process | The Indian Constitution does not contain a provision to limit the powers of the parliament to amend the constitution |
| Judicial independence | The independence of the judiciary is part of the basic structure of the Indian Constitution |
| Court structure | The Indian Constitution provides for a single integrated system of courts to administer both Union and State laws |
| Federalism | The Republic of India is a federal system with certain unitary features |
| Parliamentary system | The Republic of India has a parliamentary system of government |
| Constitutional autochthony | The Indian Constitution repealed prior acts of the British Parliament to ensure constitutional autochthony |
| Constitutional head | The President is the constitutional head of the Executive of the Union |
| Legislative powers | The Seventh Schedule of the Constitution contains three lists (Union List, State List, and Concurrent List) that enumerate the matters on which Parliament and State Legislatures are empowered to make laws |
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What You'll Learn
The Constitution of India is the supreme legal document
The Constitution of India is unique in that it provides for a single integrated system of courts to administer both Union and State laws, despite the adoption of a federal system. The Indian Parliament is competent to make laws on matters in the Union List, while State Legislatures make laws on the State List. Both the Union and States can legislate on the Concurrent List, but only Parliament has the power to make laws on matters not included in the State or Concurrent Lists.
The Constitution also establishes the independence of the judiciary, with a Supreme Court Judge only removable by an order of the President, following a majority vote in each House of Parliament. The Supreme Court of India is at the apex of the judicial system, followed by the High Courts, and then the District Courts.
The Constitution of India is a detailed document, spelling out government powers and providing for a parliamentary form of government with a federal structure and some unitary features. It replaced the Government of India Act 1935 as the country's fundamental governing document, with the Dominion of India becoming a sovereign, democratic republic.
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The independence of the judiciary
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. It also sets out the fundamental rights, directive principles, and duties of citizens. The Indian Constitution is unique in that it provides for a single integrated system of courts to administer both Union and State laws, despite the country's federal system.
In India, the Supreme Court is the highest judicial authority, followed by the High Courts in each state or group of states. The District and Sessions Judge is the highest judicial authority at the district level. The Supreme Court of India has the power of judicial review, meaning it can strike down laws passed by the legislature if they are deemed unconstitutional or in violation of fundamental rights. This power is derived from the fact that India has a written constitution.
To maintain judicial independence, it is essential to have a favourable environment supported by all state organs, including the public. The judiciary must also be guarded against unexpected events and changing social, political, and economic conditions. Additionally, adequate resources must be provided to enable the judiciary to function effectively, and members of the judiciary must be guaranteed their fundamental rights, such as freedom of expression and belief.
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The Constitution's basic structure
The Constitution of India is the supreme legal document of India and is 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 of India espouses constitutional supremacy, having been created by a constituent assembly rather than Parliament.
The 'Basic Structure' Doctrine, introduced in the Kesavananda Bharati judgment, revolutionized the interpretation of constitutional amendments in India. The Basic Structure Doctrine is a judicial principle in Indian constitutional law that prevents the Parliament from altering the fundamental framework of the Constitution. It emerged from the landmark Kesavananda Bharati case, which asserted that there are fundamental features of the Constitution that cannot be altered by any amendments made by Parliament. This doctrine safeguards the essential principles and values that reflect the vision of the framers, ensuring that the core structure of the Constitution remains intact.
The phrase 'basic structure' was first introduced by M.K. Nambiar and other counsels while arguing for the petitioners in the Golaknath case in 1964, but it was only in 1973 that the concept surfaced in the text of the apex court's verdict. The 'Basic Structure' Doctrine was formally adopted in Kesavananda Bharati v. State of Kerala, where the court ruled that an amendment cannot destroy what it seeks to modify and cannot tinker with the constitution's basic structure or framework, which are immutable.
The basic features of the Constitution have not been explicitly defined by the Judiciary, and the determination of any particular feature as a "basic" feature is made by the Court on a case-by-case basis. However, Chief Justice Sarv Mittra Sikri indicated that the basic structure consists of the following: the supremacy of the constitution, a republican and democratic system, the secular character of the Constitution, the maintenance of the separation of powers, and the federal character of the Constitution. Justices Shelat and Grover added three features to this list: the mandate to build a welfare state contained in the Directive Principles of State Policy, the maintenance of the unity and integrity of India, and the sovereignty of the country. Justices Hegde and Mukherjea, in their opinion, provided a separate and shorter list: the sovereignty of India, the democratic character of the polity, the unity of the country, essential features of individual freedoms, and the mandate to build a welfare state.
The Basic Structure Doctrine has been reinforced by significant judgments from the Supreme Court, which have consistently upheld its importance in protecting the Constitution's integrity. Some landmark cases related to this doctrine include Indira Nehru Gandhi vs Raj Narain (1975), Minerva Mills vs Union of India (1980), Waman Rao vs Union of India (1981), and Indra Sawhney vs Union of India (1992).
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The Constitution's sources and influences
The Constitution of India is the supreme legal document of India 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 replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India.
The Constitution of India was drawn from a multitude of sources and influences. The Constituent Assembly, which was elected by the members of the provincial assemblies, drafted the Constitution. The framers of the Constitution borrowed features from previous legislation such as the Government of India Acts of 1858, 1919, and 1935, the Indian Councils Acts of 1861, 1892, and 1909, and the Indian Independence Act 1947. The Constitution also absorbed features from other countries' constitutions that were suitable for India's unique needs and conditions. For example, the Directive Principles of State Policies were borrowed from the Irish Constitution, and the suspension of fundamental rights during an emergency was taken from the Soviet Constitution.
The Constitution of India also reflects the historical perspective of Indian nationalist struggles, the geographical diversity of the country, and its traditional characteristics, which set it apart from other nations. One of the unique features of the Constitution is that it provides for a single integrated system of courts to administer both Union and State laws, despite adopting a federal system. The independence of the judiciary is also a key part of the basic structure of the Indian Constitution.
The Constitution of India is known for its frequent amendments, addressing issues that would be covered by statute in other democracies. The Supreme Court of India has ruled that certain features of the Constitution are integral and cannot be removed through amendments. This is known as the 'Basic Structure' Doctrine, which was adopted by the Constituent Assembly of India on November 26, 1949, and became effective on January 26, 1950, celebrated annually as Republic Day.
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The Constitution as a set of rules and regulations
The Constitution of India is the supreme legal document and the lengthiest written national constitution globally. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions. It also sets out the fundamental rights, directive principles, and duties of citizens. The Constitution grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislations or government actions that violate it.
The Constitution of India is unique in that it provides for a single integrated system of courts to administer both Union and State laws, despite the adoption of a federal system. At the top of the judicial system is the Supreme Court of India, followed by the High Courts in each State or group of States. The Supreme Court of India comprises the Chief Justice of India and not more than 33 other Judges appointed by the President of India. The independence of the judiciary is a crucial part of the basic structure of the Indian Constitution. A Supreme Court Judge cannot be removed from office except by an order of the President, supported by a majority of each House of Parliament.
The Constitution contains provisions for the appointment of ad-hoc Judges of the Supreme Court and the role of retired Judges. To be appointed as a Judge of the Supreme Court, a person must be an Indian citizen and must have served as a Judge or Advocate of a High Court for a specified number of years or be a distinguished jurist, in the opinion of the President. The District and Sessions Judge is the highest judicial authority in a district, with civil and criminal jurisdiction.
The Seventh Schedule of the Constitution contains three lists: the Union List, the State List, and the Concurrent List. These lists outline the subjects on which Parliament and State Legislatures are empowered to make laws. The Indian Parliament can make laws on matters in the Union List, while State Legislatures do the same for the State List. Both the Union and States can legislate on the Concurrent List, but Parliament has the power to make laws on matters not included in the other two lists. The Constitution also declares that ordinances should only be issued when circumstances require "immediate action".
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Frequently asked questions
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 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 Constitution of India consists of various subjects on which Parliament and State Legislatures are empowered to make laws. These are divided into three lists: a Union List, a State List, and a Concurrent List. The Indian Parliament makes laws on matters in the Union List, while State Legislatures make laws on matters in the State List. Both can legislate on matters in the Concurrent List, but Parliament's laws prevail in the event of repugnancy.
The Constitution of India was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950, replacing the Government of India Act 1935 as the country's fundamental governing document. India celebrates this day as Republic Day.
