Omar Bennett
The Indian Constitution is the lengthiest written constitution in the world, with 450 articles and 12 schedules. It became effective on 26 January 1950 and establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a Parliamentary form of Government. The Constitution grants all citizens Fundamental Rights and empowers an independent judiciary to invalidate legislations or government actions that violate it. The Indian Constitution is a unique combination of rigidity and flexibility, establishing a federal system of governance with a strong central government, a single integrated system of courts, and a secular state that recognises freedom of conscience and religion.
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What You'll Learn
The Indian Constitution is the supreme legal authority
The Constitution is the source of legal authority and empowers Parliament and the Legislatures of States and Union Territories to enact statutes. It establishes a federal system of governance between the Union and the States, with a division of powers between the legislative, executive, and judicial organs of government. The Constitution grants all citizens Fundamental Rights and empowers the judiciary to invalidate legislations or government actions that violate it.
The Indian Constitution establishes an integrated and independent judicial system. The Supreme Court is at the apex of the entire judicial system, followed by the High Courts in each State or group of States. The Supreme Court is a federal court, the highest court of appeal, and the guardian of the Constitution. It can declare parliamentary laws unconstitutional through its power of judicial review. The independence of the judiciary is ensured by provisions in the Constitution, including the security of tenure of the judges and fixed service conditions.
The Indian Constitution also establishes the parliamentary system at the Centre and in the States. It lays down the fundamental political code, structure, procedures, powers, and duties of government institutions. It provides for a Prime Ministerial Government, with the role of the Prime Minister being significant. The Constitution also contains provisions for free and fair elections, with every citizen above the age of 18 having the right to vote without any discrimination based on caste, race, religion, sex, or literacy.
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It establishes an independent judiciary
The Indian Constitution establishes an independent judiciary, a feature that is considered a basic tenet of the Constitution. This means that the judiciary is separate from the executive and legislature branches of the government and is not subject to their influence. The Constitution empowers the judiciary to invalidate any legislation or government action that is deemed to be in violation of the Constitution.
The independence of the judiciary is essential for ensuring fair justice. Judges must be able to perform their duties without fear or favour and be free from any inappropriate influence, including unlawful pressure from the executive or legislative branches, individual plaintiffs, specific pressure groups, the media, or self-interest. This independence allows for impartial decision-making and ensures that cases are judged fairly and in line with the law.
The Indian Constitution achieves this independence through various mechanisms. Firstly, it establishes a clear separation between the judiciary and the other branches of the government. The Supreme Court of India, at the apex of the judicial system, has the power of judicial review, which means it can declare parliamentary laws unconstitutional and overturn them if they breach the Constitution's core framework.
Additionally, the procedure for appointing judges in India also protects the independence of the judiciary. The President of India appoints the justices of the Supreme Court and High Courts, in conjunction with the highest judicial authorities and based on specific criteria outlined in the Constitution. The tenure of judges is guaranteed under the Constitution, and they serve "during good conduct," further ensuring their independence.
The independence of the judiciary in India is so deeply rooted that even constitutional modifications or amendments cannot repeal it. This independence is a fundamental principle that underpins the Indian Constitution and contributes to its unique character.
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It establishes a parliamentary system
The Indian Constitution establishes a parliamentary system, opting for the British model of government over the American Presidential System. This parliamentary system is based on the principle of cooperation and coordination between the legislative and executive organs, with the Prime Minister at the helm.
The Indian Constitution establishes a federal system of government, with the usual features of a federation, such as two governments, division of powers, a written constitution, the supremacy of the constitution, the rigidity of the constitution, an independent judiciary, and bicameralism. However, it also contains a large number of unitary or non-federal features, such as a strong central government, a single constitution, and the appointment of state governors by the central government.
The Indian Parliament is not a sovereign body like the British Parliament, and the Indian State has an elected head (a republic), while the British State has a hereditary head (a monarchy). The Indian Constitution establishes a parliamentary system at the Centre and in the States, with the role of the Prime Minister becoming increasingly significant, leading to the term "Prime Ministerial Government".
The Indian Constitution is the supreme legal authority, binding the legislative, executive, and judicial organs of government. It grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislation or government actions that violate the Constitution. The Constitution also contains provisions for emergency powers, with Article 356 permitting the President to dismiss a state government and assume direct authority if the state government cannot be conducted according to the Constitution.
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It establishes a federal system of government
The Indian Constitution establishes a federal system of government, with a parliamentary form of governance between the Union and the States. This means that there are two seats of power, the Union and the State governments, which are autonomous in their own spheres. The Constitution identifies the powers that are vested in each branch of government, with the Union and States being independent in their respective charges.
The Indian Constitution contains all the usual features of a federation, such as two governments, a division of powers, a written constitution, the supremacy of the constitution, the rigidity of the Constitution, an independent judiciary, and bicameralism. The Constitution is the supreme legal authority, binding the legislative, executive, and judicial organs of government. It grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislations or government actions that violate the Constitution.
The Seventh Schedule of the Constitution contains three lists: a Union List, a State List, and a 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, and State Legislatures can make laws on matters in the State List. Both the Union and the States can legislate on matters in the Concurrent List, but Parliament has the power to make laws on matters not included in either the State or Concurrent Lists. In the event of a conflict between Union and State laws, the laws made by Parliament will prevail over State laws.
The Indian model of federalism is sometimes referred to as a quasi-federal system, as it contains features of both a federation and a union. It has a strong Centre, with more powers vested in the Union, and the Constitution guarantees more powers to the Union List. The Parliament can also override State laws on some matters in the Concurrent List and make laws on certain subjects in the State List. The representation of States in the Rajya Sabha (upper house of Parliament) is based on population, with more populous States having more seats.
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It grants all citizens fundamental rights
The Indian Constitution is the supreme legal authority and grants all citizens fundamental rights. It establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government. The Constitution is the source of legal authority and empowers Parliament and the Legislatures of States and Union Territories to enact statutes.
The Constitution establishes a federal system of government and contains all the usual features of a federation, such as two governments, division of powers, a written constitution, the supremacy of the constitution, the rigidity of the constitution, an independent judiciary, and bicameralism. The Indian Constitution also contains a large number of unitary or non-federal features, such as a strong Centre, a single Constitution, the appointment of a state governor by the Centre, all-India services, an integrated judiciary, a flexible constitution, and emergency provisions.
The Supreme Court of India is the guarantor of the fundamental rights of the citizens and the guardian of the Constitution. The Constitution has made various provisions to ensure the independence of the judiciary, including the security of tenure of the judges and fixed service conditions for the judges. The judiciary's independence is part of the basic structure of the Indian Constitution, and a Supreme Court Judge cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House.
The Fundamental Rights are meant for promoting the idea of political democracy and act as limitations on the tyranny of the executive and arbitrary laws of the legislature. The Directive Principles of State Policy, contained in Part IV of the Constitution, set out the aims and objectives to be taken by the state in the governance of the country. They are classified into three broad categories: Socialistic, Gandhian, and Liberal-intellectual.
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Frequently asked questions
The Indian Constitution is the supreme legal authority that binds the legislative, executive, and judicial organs of government. It establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government. The Constitution grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislations or government actions that violate it.
The Indian Constitution establishes a federal system of government with a division of powers between the Union and the States. It contains features of a federation, including a codified, supreme constitution, a three-tier governmental structure, bicameralism, and an independent judiciary.
The Indian Constitution also contains a large number of unitary or non-federal features, such as a strong central government, a single constitution, single citizenship, a flexible constitution, an integrated judiciary, and the appointment of state governors by the central government.
The Indian Constitution provides for three types of amendments, ranging from simple to most difficult procedures, depending on the nature of the amendment. Amendments can be made by a special majority of the Parliament, with or without the ratification of half the total states, or by a simple majority through the ordinary legislative process.
