Isabella Carter
The Indian Constitution is the world's longest written national constitution and the world's most frequently amended national governing document. It is a social document that lays out the fundamental political code, structure, procedures, powers, and duties of government institutions and citizens' rights. The Indian Constitution is based on several key ideological principles, including secularism, democracy, social and economic justice, and group-based notions of equality and community-based notions of justice. The Constituent Assembly was formed in 1948, and the Constitution was subsequently translated into Hindi by Raghu Vira, a distinguished linguist and scholar. The Constitution has been amended numerous times to address specific issues and has been interpreted in various social and political contexts.
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What You'll Learn
Democracy and universal adult franchise
The Indian Constitution is founded on the principle of democracy, with universal adult franchise being one of its key features. This means that all adult citizens of India have the right to vote and elect their representatives without any discrimination based on caste, colour, gender, education, class, or community. This was a significant departure from colonial practices, where only those who met certain criteria, such as income, education, and property ownership, were allowed to vote.
The idea of universal adult franchise was not new to India, with the earliest mention of it in the Constitution of India Bill of 1895, which provided every citizen with the right to vote for a member of the local legislative council and parliament. However, it was only with the Indian freedom movement that the demand for universal suffrage gained momentum. Indian leaders advocated for a constitution that provided universal adult franchise, and in 1928, the Motilal Nehru report presented the idea along with equal rights for women.
The Indian National Congress (INC) played a crucial role in this process. In 1931, at the Karachi session, they approved a resolution on Fundamental Rights and Economic Policy, which included the concept of universal adult franchise. They recognised that this would make the electoral process more inclusive and collaborative. In 1947, India began drafting the first electoral roll based on universal adult franchise, and by 1950, the constitution was enacted, and all adult Indians had the right to vote.
Universal adult franchise is considered one of the most critical decisions in India's history, as it gave birth to democratisation and free and fair elections. It not only changed the face of the government and the parliamentary system but also gave marginalised communities a chance to represent themselves in parliament. This was especially significant in a society that was embroiled in social divisions, including untouchability.
The Indian Constitution's approach to democracy and universal adult franchise is unique in that it goes beyond the classical liberal perspective of liberty, which defines liberty merely as restraints on the state. Instead, it embraces a positive notion of liberty, recognising the freedom and liberty of citizens. This is further reflected in the group-based notions of equality and community-based notions of justice that inform the Indian Constitution, emphasising the importance of individual rights and dignity.
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Equality and justice
The Indian Constitution is a lengthy document that outlines the country's ideological basis. One of the fundamental rights enshrined in the Constitution is the Right to Equality, which is guaranteed by Article 14. This article treats all people the same in the eyes of the law and prohibits any kind of discrimination by the State on the grounds of religion, race, caste, sex, or place of birth. The Right to Equality is further elaborated in Articles 15 to 18, which provide for equality of opportunity in public employment and abolish untouchability and titles.
The Indian Constitution also recognises group-based notions of equality and community-based notions of justice. For example, the Constitution grants positive discrimination to the Scheduled Castes and Scheduled Tribes, as well as to the 'Other Backward Classes'. This differential treatment is a corollary to equality of treatment and recognises the disadvantages faced by certain groups. The Constitution also guarantees religious liberty to all, with India having no official religion and individuals and groups having freedom of conscience and worship.
The Constituent Assembly was vocal about its desire for a democratic polity in the Indian state. This included the idea of Universal Adult Franchise, regardless of sex, education, class, caste, or community, which was revolutionary for a society that was divided by parochial social divisions. The rights of citizenship in India are based on the principle of inclusion, where being an adult member is sufficient qualification for full citizenship. This idea of citizenship entails a uniform set of rights extended to all citizens and defended in the name of equality of rights and treatment.
The Indian Constitution also enshrines a positive notion of liberty, which goes beyond simply restraining the state. It speaks of the presence of freedom and liberty for citizens, including socio-economic justice. For example, the State has recently translated the Directive Principles into entitlements, such as the right to education and the right to work, expanding the boundaries of justice.
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Secularism
The interpretation of "secular" in this context has been a subject of debate. Subhash Kashyap, for instance, interprets it narrowly as "non-religious". However, others argue that the Indian state's secularism goes beyond mere non-affiliation with religion. Rajeev Bhargava, for instance, proposes the concept of "principled distance", suggesting that the state should intervene or abstain from interventions based on specific values integral to the secular ideal. This view is supported by the Supreme Court's ruling in the Kesavananda Bharati case, which affirmed that amendments to the Constitution must not tamper with its basic structure or framework, including its secular foundations.
The Indian Constitution's approach to secularism is notable for its recognition of religious liberty for all communities. This stands in contrast to the concept of a "wall of separation" between church and state found in some other secular nations. Instead, India guarantees religious freedom and equality for all, regardless of faith. This commitment to secularism has been a guiding force in shaping the country's political and social landscape, influencing policies and legal decisions that promote inclusivity and non-discrimination on religious grounds.
The Indian Constitution's embrace of secularism has had a profound impact on the country's democracy and social fabric. It has enabled the extension of equal rights and opportunities to all citizens, regardless of their religious background. This includes the extension of positive discrimination policies to disadvantaged groups, such as the Scheduled Castes, Scheduled Tribes, and Other Backward Classes, to promote social and economic justice. By recognising group-affiliated disadvantages and group-specific rights, the Constitution has fostered a more inclusive society, addressing deep-seated social divisions and promoting equality for all communities.
In conclusion, secularism is a fundamental principle of the Indian Constitution, shaping the country's political and social landscape. It ensures freedom of religion, guarantees religious liberty for all communities, and guides the state's interventions in religious matters. The Indian interpretation of secularism goes beyond non-affiliation with religion, instead actively promoting equality and inclusivity. This ideological basis has been pivotal in shaping modern India, fostering a democratic and inclusive society that strives for social and economic justice for all its citizens.
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Judicial independence
The Indian Constitution is the supreme legal document of India and is the world's longest written national constitution. It lays out the fundamental political code, structure, procedures, powers, and duties of government institutions, as well as the fundamental rights, directive principles, and duties of citizens.
An independent judiciary has been established as a basic feature of the Indian Constitution, protected from interference by the legislature or the executive. This is outlined in Article 50, which mandates the separation of the judiciary from the executive in public services. The Constitution is the supreme power in the nation, governing all laws, and judicial review is addressed in Article 13. This article states that any pre-constitutional laws that conflict with the Constitution will be deemed ineffective until an amendment resolves the conflict, and the original law will come back into force if it becomes compatible with the Constitution as amended (known as the Doctrine of Eclipse).
The inclusion of judicial independence in the Indian Constitution was influenced by the concept of judicial review in the United States Constitution. However, the Indian Constitution goes beyond simply restricting the state's power, embracing a positive notion of liberty that ensures the presence of freedom and liberty for citizens.
The Indian Constitution is deliberately worded in generalities to ensure its flexibility and endurance. This allows for interpretation within the evolving social and political context, rather than being limited to the intentions of its framers. The Constitution's focus on social aspects, such as addressing existing inequalities and promoting unity and strength, further highlights its dynamic and adaptive nature.
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Liberty and freedom
The Indian Constitution enshrines a positive notion of liberty, which is not merely defined as restraints on the state but also includes the presence of freedom and liberty for citizens. The right to liberty is considered one of democracy's gifts to mankind, and it is among the most basic human rights as it impacts the fundamental aspects of an individual's bodily freedom.
The right to liberty stipulates that people should not be arrested or detained unless required by law. It also includes freedom of opinion, speech, religion, faith, and worship. Liberty allows citizens to make the best decisions, weigh available options rationally, and take responsibility for their actions. It enables people to follow their passions and make decisions according to their desires without harming others.
The Indian Constitution guarantees the fundamental right to protection of life and personal liberty. Article 21 of the Indian Constitution states that no person shall be deprived of their life or personal liberty except according to the procedure established by law. This article has been interpreted by the Supreme Court to mean the right to a dignified life, encompassing the right to live with dignity, the right to livelihood, and the right to a healthy environment. The right to life is considered the most important right because without it, all other fundamental rights would be meaningless.
The right to freedom is considered essential for the functioning of Indian democracy. It includes the freedom to form associations, unions, or cooperative societies, and the freedom to move freely throughout the territory of India. The right to freedom also guarantees citizens the basic freedom to speak and express themselves, to live a life of dignity, and to profess any occupation or trade.
The concept of liberty in India was influenced by Mahatma Gandhi, who used the term "swaraj" to represent national independence and individual political, economic, and spiritual freedom. Gandhi's devotion to political independence made him a champion of rights, and he viewed national independence as not just freedom from foreign authority but also as self-government.
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Frequently asked questions
The Indian Constitution is a lengthy social document that espouses constitutional supremacy and outlines a 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 is deliberately worded in generalities to ensure its flexibility and has been amended numerous times to address specific issues.
The Indian Constitution is based on several key principles, including secularism, democracy, and an independent judiciary. It guarantees religious liberty and equality for all communities, with a focus on group-based notions of equality and community-based notions of justice.
The Indian Constitution has had a significant impact on the country's governance by translating many Directive Principles into entitlements, such as the right to education and the right to work. It also enshrines a positive notion of liberty, ensuring the presence of freedom for citizens rather than merely restricting the state.
