Eleanor Finch
The Indian Constitution, which came into effect on 26 January 1950, is based on the Objectives Resolution, moved in the Constituent Assembly by Jawaharlal Nehru in 1946. The Constitution replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became a sovereign, democratic republic. The Constitution does not contain a provision to limit the powers of Parliament to amend it, and there are no provisions for a referendum. However, there have been instances where referendums have been carried out in India, such as the one on the future of the territories of Goa, Daman, and Diu.
| Characteristics | Values |
|---|---|
| Was the Indian Constitution subjected to a referendum? | No, the Indian Constitution was not subjected to a referendum. |
| Countries that have had referendums | Russia, Switzerland, Czech Republic, Denmark, Moldova, Australia, Sikkim |
| Amendments to the Indian Constitution | The Indian Constitution was amended on 18 December 1976 during the state of emergency. The words "socialist" and "secular" were added, and "unity of the Nation" was changed to "unity and integrity of the Nation". |
| Basis of the Indian Constitution | The Indian Constitution was drawn from previous legislation such as the Government of India Acts of 1858, 1861, 1892, 1909, 1919, and 1935, as well as the Indian Independence Act of 1947. |
| Date of Adoption | The Indian Constitution was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950. |
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What You'll Learn
- The Indian Constitution does not allow referendums
- The Indian Constitution does not contain a provision to limit the powers of Parliament to amend the Constitution
- The Indian Constitution repealed the Indian Independence Act 1947 and Government of India Act 1935
- The Indian Constitution is based on the Objectives Resolution
- The Indian Constitution has been amended to include the right to education and other rights
The Indian Constitution does not allow referendums
The Constitution of India creates a parliamentary system, with a Prime Minister who exercises most executive power. The Prime Minister must have the support of the majority of the members of the Lok Sabha, the lower house of Parliament. The constitution espouses constitutional supremacy, which means that it is the highest authority in the country, and any changes to it must be made through a formal amendment process. While the constitution can be amended, the Supreme Court of India has held that there are certain fundamental features of the constitution that cannot be altered, which is known as the 'Basic Structure' Doctrine.
The absence of provisions for referendums in the Indian Constitution is notable, especially when compared to other countries that have incorporated referendums into their constitutional processes. There have been debates and discussions among scholars about the need for referendums on key policy issues in India, but these have not materialized due to the lack of constitutional provisions. It is important to note that while there have been a few instances of referendum-like processes in India, such as the Goa, Daman, and Diu (Opinion Poll) Act, 1966, these are not officially recognized as referendums and do not have the same legal weight.
The Indian Constitution, with its focus on constitutional supremacy and the 'Basic Structure' Doctrine, prioritizes stability and the protection of certain fundamental features. The absence of provisions for referendums can be seen as a way to safeguard against abrupt or drastic changes to the constitution that could potentially undermine its basic structure. While some may argue that referendums are a form of direct democracy and a way to give citizens a more direct role in decision-making, the Indian Constitution, with its complex history and unique context, has opted for a different approach.
In conclusion, the Indian Constitution does not allow referendums due to its specific historical context, the focus on constitutional supremacy, and the protection of its basic structure. The absence of referendums in India highlights the country's unique constitutional journey and the importance given to stability and the preservation of fundamental features.
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The Indian Constitution does not contain a provision to limit the powers of Parliament to amend the Constitution
The Indian Constitution is the supreme legal document of India and the world's longest written national constitution. 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 Indian Constitution does not contain a provision to limit the powers of Parliament to amend the Constitution. This means that the Parliament of India can amend the Constitution any number of times, but only in the manner provided. The Constitution grants exclusive power to amend it to Parliament, and outlines the procedure for exercising this power.
The procedure for amendment is laid down in Part XX (Article 368) of the Constitution of India. An amendment can be initiated by the introduction of a Bill in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President for assent. The amendment shall also require to be ratified by the Legislatures of not less than one-half of the States specified in Parts A and B of the First Schedule by resolutions to that effect passed by those Legislatures before the Bill making provision for such an amendment is presented to the President for assent.
Despite the supermajority requirement for amendments to pass, the Indian Constitution is the world's most frequently amended national governing document. The Constitution is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies. The current limitation on amendments comes from Kesavananda Bharati vs. The State of Kerala, where the Supreme Court ruled that amendments of the Constitution must respect the "basic structure" of the Constitution, and certain fundamental features of the Constitution cannot be altered by amendment. This implies that Parliament can only amend the Constitution to the limit of its basic structure. The Supreme Court or a high court may declare the amendment null and void if this is violated, after a judicial review.
The Indian Constitution does not allow referendums, and there is no provision for it. However, a referendum on abolishing the monarchy was held in Sikkim and it resulted in the country becoming an Indian state.
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The Indian Constitution repealed the Indian Independence Act 1947 and Government of India Act 1935
The Indian Constitution came into force on 26 January 1950 and repealed the Indian Independence Act 1947 and the Government of India Act 1935. The Constitution was initially drafted by Jawaharlal Nehru, who moved the Objectives Resolution in the Constituent Assembly on 13 December 1946. The Resolution was accepted on 22 January 1947 and adopted by the Constituent Assembly on 26 November 1949.
The Indian Independence Act 1947 was enacted by the British government to end British rule in India and grant independence to the new dominions of India and Pakistan. The Act provided for a legislative setup that would continue as a constitution-making body and a legislature. The Governor-General of each dominion was given full powers to give assent to laws passed by the legislature. Importantly, the Act did not include a preamble and kept in place the 1919 Act's preamble while repealing the rest of that Act.
The Government of India Act 1935 was intended to set India on a path towards parliamentary democracy. The Act aimed to eventually lead to a Dominion of India, which would have meant complete autonomy within the British Empire. However, the federal portion of the Act was never fully implemented due to a lack of agreement among the states, and the outbreak of World War II further postponed its establishment. The Act provided for dyarchy at the centre and included provisions for the provinces of Bengal and Punjab, which were later restructured under the Indian Independence Act.
While there have been discussions and instances of referendums in India, the Constitution does not include provisions for referendums. The Preamble to the Constitution, which was amended once in 1976, establishes India as a "Sovereign Socialist Secular Democratic Republic". The Supreme Court of India has clarified that the Preamble can be amended under Article 368, but the basic structure of the Constitution cannot be altered.
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The Indian Constitution is based on the Objectives Resolution
The Objectives Resolution established the concept of an independent sovereign republic of India, with all territories remaining autonomous and possessing residuary powers. It guaranteed social, economic, and political justice, equality of status, freedom of thought, expression, belief, faith, worship, vocation, and association for all Indians, subject to the law and public morality. It also provided for affirmative action to safeguard the rights of minorities, backward classes, depressed classes, and other disadvantaged groups. These principles were included in the Preamble of the Indian Constitution, which is considered the heart and soul of the Constitution as it highlights the intentions and ambitions of its framers.
The Preamble to the Constitution of India, as amended up to July 2024, reads:
> WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC ... IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO · OURSELVES THIS CONSTITUTION.
The Preamble was based on the Objectives Resolution and was moved by Jawaharlal Nehru in the Constituent Assembly on December 13, 1946. It was accepted on January 22, 1947, and adopted by the Constituent Assembly on November 26, 1949, coming into force on January 26, 1950, celebrated as Republic Day in India. The Preamble has been amended only once, on December 18, 1976, during the Indian Emergency, when the Indira Gandhi government added the words "socialist" and "secular" and changed "unity of the Nation" to "unity and integrity of the Nation".
While the Indian Constitution is based on the Objectives Resolution, it is important to note that the Constitution itself was not subjected to a referendum. There have been debates and discussions among scholars about the need for a referendum on key policy issues in India, but it is believed that conducting a referendum is not possible as the Constitution does not have provisions for it. However, there have been a few instances where referendums or "opinion polls" have been carried out in India, such as in the case of Pondicherry (a former French territory) voting to join the Indian Union in 1954, and the future of the territories of Goa, Daman, and Diu in 1966.
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The Indian Constitution has been amended to include the right to education and other rights
The Indian Constitution has been amended numerous times since its enactment in 1949. Notably, it has been amended to include the right to education for children aged 6 to 14, as a fundamental right. This amendment, known as the Constitution (Eighty-sixth Amendment) Act, was enacted in 2002 and inserted Article 21-A into the Constitution. The article guarantees free and compulsory education for children within this age group, with the specific provisions outlined in the Right of Children to Free and Compulsory Education (RTE) Act of 2009. The RTE Act came into effect on 1 April 2010 and ensures that all children have access to full-time elementary education of satisfactory quality in a formal school, without any fee or charges that may prevent their attendance.
The inclusion of the right to education in the Indian Constitution is a significant step towards ensuring that all children in the country have equal opportunities to access education and achieve their potential. It also reinforces the Indian government's commitment to upholding and protecting the rights of its citizens, particularly those of children, who are vulnerable members of society.
While the Indian Constitution has been amended several times to include various rights and provisions, it is important to note that the process of amending the Constitution is subject to specific guidelines and requirements. Amendments to the Constitution are carried out in accordance with Article 368, which outlines the procedure for making changes to the document.
Interestingly, there have been debates and discussions among scholars regarding the need for referendums on key policy issues in India. However, the Constitution of India does not include any provisions for referendums, and as such, they are not a common feature of the Indian political landscape. The Indian Constitution is considered a "rigid" constitution, meaning that it can only be amended through a prescribed process, which typically involves the approval of a supermajority in the Parliament.
Despite the absence of referendums, the Indian Constitution has been successfully amended numerous times to include various rights and provisions, such as the right to education. This process of amendment allows for the evolution of the Constitution to meet the changing needs and aspirations of the country's citizens, while still maintaining a stable framework of governance.
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Frequently asked questions
No, the Indian Constitution was not subjected to a referendum. The Constitution was drawn from previous legislation such as the Government of India Acts of 1858, 1919 and 1935, and the Indian Independence Act of 1947. It became effective on 26 January 1950, replacing the Government of India Act 1935 as the country's fundamental governing document.
Yes, the Indian Constitution can be amended without a referendum. The Supreme Court has held that while the Preamble is part of the Constitution and can be amended under Article 368, the basic structure of the Constitution cannot be altered.
The 'Basic Structure' Doctrine refers to certain integral features of the Indian Constitution that cannot be amended. This was established in the Kesavananda Bharati v. State of Kerala case, where the Supreme Court held that there were certain features of the Constitution so integral that they could never be removed.
The Preamble to the Indian Constitution expresses the solemn resolution of the people of India to constitute India into a 'Sovereign Socialist Secular Democratic Republic' and secure the objectives set forth in the Preamble. It was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950, which is celebrated as Republic Day in India.
While the Indian Constitution does not provide for referendums, there have been instances where referendum-like exercises have been carried out. For example, in 1954, Pondicherry (a former French territory) voted to join the Indian Union. In another instance, the electors of Goa, Daman and Diu decided in favour of continuing as a Union Territory instead of joining the states of Maharashtra or Gujarat.
