Isabella Carter
India is a country with a diverse range of religions and languages, and it is the seventh-largest country in the world. It is a parliamentary democracy with a constitution that declares the country a sovereign, socialist, secular, and democratic republic. The constitution is the supreme legal document and source of law in the country, and it outlines 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. However, some argue that India is not a true republic because real power does not rest with its citizens, and the interests of the state are often put above those of the people.
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What You'll Learn
India's constitution
The Constituent Assembly was elected by members of the provincial assemblies, and the constitution was published in Dehradun and photolithographed by the Survey of India. The original 1950 constitution is preserved in a nitrogen-filled case at the Parliament Library Building in New Delhi. The constitution has had more than 100 amendments since it was enacted, and the Indian constitution is the world's longest for a sovereign nation.
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 The constitution repealed the Indian Independence Act 1947 and the Government of India Act 1935 when it became effective. India ceased to be a dominion of the British Crown and became a sovereign, democratic republic with the constitution.
The Constitution of India is currently translated into only a few of the 22 scheduled languages of the Indian Republic. The Hindi translation was the first translation, undertaken by Raghu Vira, a distinguished linguist, scholar, politician, and member of the Constituent Assembly. The terminology was subsequently approved by an All India Committee of Linguistic Experts, representing thirteen languages.
Crafting India's Constitution: A Guide to Nation Building
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India's democracy
India is a parliamentary democracy, with a constitution that declares the country a "sovereign, socialist, secular, and democratic republic". The constitution is the supreme legal document and source of law in the country. It 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.
India's government is modelled loosely on the British Westminster system. It consists of a president as head of state, an executive headed by the prime minister, and a bicameral legislature consisting of a parliament with an upper and lower house. The judiciary, with the Supreme Court at its head, functions to administer justice independently.
The trajectory of Indian democracy is uncertain after two terms of BJP rule, with democratic institutions proving brittle. Opponents and critical journalists have been harassed, and election campaign finance laws have become more opaque, making it easier for individuals to make unlimited anonymous donations. This undermines the integrity of elections. In addition, religious division and resentment have intensified, challenging the constitutional right to religious freedom and the rule of law.
India is a diverse nation with many regional variations, religions, and languages. The Congress party managed these differences effectively, redrawing state boundaries along linguistic lines and forming a coalition of regional powerbrokers. However, in the 1970s, Indira Gandhi attempted to concentrate power in the central government, declaring a state of emergency in 1975, arresting journalists, politicians, and other opponents. This eventually led to a coalition victory in the 1977 elections, resulting in India's first non-Congress government.
Constitutional Bodies of India: A Comprehensive Overview
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India's federal system
India is a federal republic with a parliamentary system of government. The Constitution of India, which came into force on 26 January 1950, outlines the country's federal structure and sets out the powers of the government. The Constitution is the supreme legal document and source of law in the country.
The Constitution guarantees Indians' rights, including equality before the law and freedom of speech, assembly, and movement. It also assures citizens justice, equality, and liberty and endeavours to promote fraternity. The judiciary's function is to administer justice independently. It comprises the Supreme Court, High Courts, Subordinate Courts, Appellate Tribunals, and Tribunals.
The Evolution of Indian Constitution: Bill Count
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India's judiciary
The judiciary's function is to administer justice independently. The Constitution empowers the judiciary to act as the Guardian of the Law and ensures its independence from other branches of government. The Chief Justice of India, other Supreme Court judges, and High Court judges are appointed by the President of India on the recommendation of a collegium system, which includes the Chief Justice and senior Supreme Court judges. Once appointed, Supreme Court and High Court judges cannot be removed from office unless a two-thirds majority of parliamentary members approve on grounds of misconduct or incapacity.
The High Courts manage a system of subordinate courts, which include District and Session Courts. District Courts are established by state governments for each district or group of districts, depending on caseload and population density. They are under the direct administration of High Courts and are bound by their judgments. District Judges preside over District Courts, and Additional or Assistant District Judges may be appointed based on caseload. The District Judge combines the powers to try both civil and criminal cases and is designated the District and Sessions Judge.
The Code of Civil Procedure (CCP) 1908 governs the procedures for civil cases in India. Civil cases must first be instituted before the court of lowest jurisdiction, and it is decided whether the respective court is competent to try the case. Criminal proceedings usually begin with the police filing a First Information Report (FIR), and if an investigation reveals that a crime has been committed, a charge sheet is submitted to the court. The Supreme Court also has the power to issue directives and fill legislative gaps, and its decisions are binding on all courts within India.
The Institutional Arrangement as Per Indian Constitution
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India's economy
India has about 1,900 public sector companies, with the Indian state having complete control and ownership of railways and highways. The country has one of the world's longest working hours, yet it has one of the lowest workforce productivity levels globally. India's labour force is the second-largest in the world, with 586 million workers, and the country has one of the highest numbers of billionaires. However, it also has extreme income inequality, with nearly 70% of the population living in rural areas and contributing about 50% of the country's GDP. According to the World Bank, 93% of India's population lived on less than $10 per day in 2021, and only 2 million people were in the high-income group.
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Frequently asked questions
Yes, India is a constitutional republic. The Constitution of India is the supreme legal document and source of law in the country. It 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 its constitution on 26 January as Republic Day.
The Constitution of India declares India a sovereign, socialist, secular, and democratic republic. It assures its citizens justice, equality, and liberty, and promotes fraternity. It 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, movement, and others.
India has a parliamentary system of government with a federal structure and certain unitary features. The head of state is the President, who is advised by a Council of Ministers headed by the Prime Minister. The legislature consists of a parliament with an upper and lower house (the Rajya Sabha and Lok Sabha), and the judiciary is headed by the Supreme Court.
