Simone Lawson
The Indian Constitution is the supreme law of the Republic of India, and one of the longest and most detailed written constitutions in the world. It establishes the framework for the country's political system, defining the powers and responsibilities of government institutions, and outlining the principles of governance. The Constitution of India embodies certain basic principles, including popular sovereignty, fundamental rights, directive principles, socialism, secularism, judicial independence, federalism, and cabinet government. These principles form the foundations of democratic government in India.
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What You'll Learn
Popular Sovereignty
The preamble of the Indian Constitution states that "We the People of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic", thus implying that the people are sovereign as the governing body derives its legitimacy from the people themselves. The constitution, being a text with many authors, represents the voice of the people and crystallises the aspirations of various movements and struggles for freedom from the British prior to the constitutional making process.
The principle of popular sovereignty played a crucial role in the making of the Indian Constitution. As the British Raj was coming to an end, there was a need for a constitution to determine the power dynamic between the citizens and the government. As early as 1922, Mahatma Gandhi demanded that the future of the country be decided by elected representatives of the people. The Constituent Assembly was formed with the task of drafting the constitution, and its members were indirectly elected by the members of the Provincial Legislative Assembly.
The Indian national movement had been committed to universal adult suffrage since 1928, and this vision was further strengthened by anti-colonial mass nationalism after World War I. The Constituent Assembly adopted universal franchise in April 1947, and bureaucrats across the country prepared the first draft electoral roll on the basis of universal adult franchise. This process played a critical role in mitigating discrepancies that emerged from competing sovereignties and the many constitution-making processes they engendered. It resulted in institutionalising the edifice for implementing the "rule of the people" on an all-India level, bounding together the people of British India and the states as equal individual voters and agents of authorisation of the newly forming Indian Union.
However, it is important to note that the principle of popular sovereignty may not have been accumulated in its truest form in the Indian Constitution. For example, the controversy around the drafting of Article 25 of the Constitution, where the inclusion of Sikhs under the reference to Hindus was perceived as anti-Sikh and communal by some, demonstrates the presence of majoritarianism in the constitution-making process.
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Fundamental Rights
The Indian Constitution is the supreme law of the Republic of India. It is one of the longest and most detailed written constitutions in the world. It lays down the framework for the country's political system, defining the powers and responsibilities of government institutions, safeguarding fundamental rights, and outlining the principles of governance.
The Constitution of India guarantees six fundamental rights to all citizens, which promote the idea of political democracy in the country. These rights impose limitations on the executive and legislature, ensuring that the will of the majority does not override individual rights.
The six fundamental rights are:
- Right to freedom: This includes freedom of speech, movement, and association, as well as freedom of settlement and movement to "sensitive areas".
- Right to equality: This includes equality before the law and equal protection of laws, ensuring that no person or group is above the law and that everyone is treated equally.
- Right to religious belief: This guarantees freedom of religion and cultural and educational freedoms.
- Right to constitutional remedies: This entitles every aggrieved person to approach even the Supreme Court of India to restore any fundamental right that may have been violated.
- Right to property: This includes the right to acquire, hold, and dispose of property, subject to reasonable restrictions imposed by law.
- Right to education: This guarantees free and compulsory education to all children between the ages of 6 and 14.
It is important to note that while the Indian Constitution guarantees these fundamental rights, they are not absolute. The Constitution has made express provisions for limitations on these rights in the interest of national security and general welfare. For example, freedom of speech does not extend to speech that incites violence or hatred.
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Directive Principles of State Policy
The Indian Constitution is the supreme law of the Republic of India. It is one of the longest and most detailed constitutions in the world and serves as the fundamental law of the land, embodying the values, principles, and governance framework of the country. The Constitution lays down the framework for the country's political system, defining the powers and responsibilities of government institutions, and outlining the principles of governance. It establishes an integrated and independent judicial system, with the Supreme Court as the interpreter of the Constitution and the arbiter of all amendments made by Parliament.
The Directive Principles of State Policy (DPSPs) are a set of guidelines or principles that provide the framework for democratic legitimacy and outline the ideals that the state should keep in mind while formulating policies and enacting laws. The DPSPs are not enforceable by the courts but are considered fundamental to the governance of the country and act as a check on the government's legislative and executive powers. They seek to establish a 'Welfare State' in India by promoting the ideal of social and economic democracy.
The DPSPs include principles such as the equitable distribution of resources and the prevention of the concentration of wealth, as outlined in Article 39 (b) and (c) of the Indian Constitution. These principles are in line with the ruling Congress party's electoral promise to implement the socialistic goals of the Constitution. The DPSPs also encompass fundamental rights, which serve as limitations on the executive and legislative powers of the state. These rights include freedom of speech, movement, and association, equality before the law, freedom of religious belief, and cultural and educational freedoms.
The DPSPs reflect the prevailing conditions and circumstances of the period in which the Constitution was framed and are subject to interpretation and amendment by the courts and Parliament, respectively. While there may be differences of opinion on the specific details and applications of the DPSPs, they form an essential part of the basic structure of the Indian Constitution and contribute to the country's democratic governance.
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Federalism
India is a federal system, but with a greater tilt towards a unitary system of government. It is often referred to as a quasi-federal system, as it combines elements of both federal and unitary systems. The Indian Constitution, in Article 1, states that India, or Bharat, shall be a "union of states". This union is a key feature of federalism, with sovereignty being constitutionally divided between two levels of government, allowing each level to act independently.
The Indian Constitution delineates powers between the centre and the states through three distinct lists: the Union List, the State List, and the Concurrent List. This division of powers is a fundamental aspect of federalism, allowing each tier of government to operate within its designated domain. The Union List represents the powers conferred upon the Union government, the State List details the powers of the State governments, and the Concurrent List outlines the powers shared between them.
The national government deals with issues such as national defence, foreign relations, commerce, and currency. Meanwhile, the state governments have a broader range of responsibilities, including education, public safety, standards, and infrastructure. This distribution of powers is intended to maintain a balance between integrity and autonomy across the different levels of government.
The Indian Constitution also provides flexibility, allowing for amendments to be made. However, altering aspects of federalism is a complex process, requiring a special majority vote in Parliament. The Constitution grants more powers to the Union government, including the ability to override state laws in certain matters. Additionally, the President can impose their rule in a state if the Constitution is violated, demonstrating an inclination towards unitary power within the federal structure.
In summary, federalism in India is characterised by a division of powers, independent levels of government, bicameral legislature, dual government polity, and the supremacy of the Constitution. It aims to preserve personal liberty and prevent the concentration of power in a single entity.
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Synthesis of Parliamentary Sovereignty and Judicial Supremacy
The Indian Constitution is a unique blend of the British principle of parliamentary sovereignty and the American principle of judicial supremacy, also known as constitutional sovereignty. This synthesis is known as parliamentary federalism, where the legislature, executive, and judiciary are separate but interconnected and interdependent, each with its own powers and functions.
Parliamentary sovereignty, as defined by A.V. Dicey, a renowned British constitutional scholar, is a defining trait of the British constitution. It grants the legislature, or Parliament, supremacy over all other government entities, including the executive and judiciary. In the United Kingdom and other Commonwealth nations like Canada, it is considered essential to constitutional order. However, in the Indian context, parliamentary sovereignty is governed and constrained by the Indian Constitution, which requires judicial review. While the Parliament has the authority to amend the Constitution, any changes must be valid within the scope of the Constitution and subject to judicial scrutiny. This concept of constitutional sovereignty grants ultimate power to the citizens of India, allowing them to live freely and with dignity.
The Indian Constitution, as a written document, puts limitations on all organs of the state. It is interpreted and safeguarded by the judiciary, which has the power to declare parliamentary laws unconstitutional if they contravene the Constitution's principles and goals. This power of judicial review is a crucial check on parliamentary sovereignty, ensuring that citizens' rights are protected and that the Constitution remains the supreme law of the land.
The Indian Constitution establishes a framework of "democratic legitimacy," where the will of the majority rules while also guaranteeing fundamental rights to individuals. These rights include basic liberties such as freedom of speech, movement, association, equality before the law, freedom of religious belief, and cultural and educational freedoms. The Constitution classifies these rights into seven categories, including the right to constitutional remedies, ensuring that aggrieved individuals can approach the Supreme Court of India for the restoration of any violated fundamental right.
In conclusion, the synthesis of parliamentary sovereignty and judicial supremacy in the Indian Constitution is a delicate balance between the powers of the legislature and the judiciary. While the Parliament has the authority to amend the Constitution, it is constrained by the Constitution itself and subject to judicial review. This unique blend of principles ensures democratic legitimacy, protects citizens' rights, and upholds the Indian Constitution as the supreme law of the land.
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Frequently asked questions
The Indian Constitution is the supreme legal document of India and is the longest written national constitution in the world. It became effective on 26 January 1950, repealing the Indian Independence Act 1947 and the Government of India Act 1935, and marked India becoming a sovereign, democratic republic.
The Indian Constitution embodies several basic principles, including:
- Popular Sovereignty
- Fundamental Rights
- Directive Principles of State Policy
- Socialism
- Secularism
- Judicial Independence
- Federalism
- Cabinet Government
Popular Sovereignty refers to the principle that the ultimate authority of all governmental agencies is derived from the will of the people, as expressed in the Constitution and through popular elections at regular intervals.
The Fundamental Rights include basic liberties such as freedom of speech, movement, and association; equality before the law and equal protection of laws; freedom of religious belief; and cultural and educational freedoms.
The Indian Constitution is the world's most frequently amended national governing document. Amendments require a supermajority to pass. In 2000, the Justice Manepalli Narayana Rao Venkatachaliah Commission was formed to examine a constitutional update and submitted its report in 2002, but its recommendations have not been accepted by subsequent governments.
