Omar Bennett
The Indian Constitution is the lengthiest written constitution in the world. It is a dynamic and evolving document that remains central to contemporary debates on federalism, fundamental rights, and judicial roles. The three key features of the Indian Constitution are its federal system of governance, its independent judiciary, and its emergency provisions. The Constitution establishes a federal system of governance between the Union and the States, with a clear division of powers between the central and state governments. It also establishes an independent judiciary, with the Supreme Court of India at the apex, empowered to invalidate legislations or government actions that violate the Constitution. Finally, the Constitution contains emergency provisions to enable the President to effectively address extraordinary situations, such as national, state, or financial emergencies, to safeguard the sovereignty and security of the country.
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What You'll Learn
The Indian Constitution is the longest written constitution in the world
The Indian Constitution's length is due to several factors, including the country's diversity in terms of language, race, religion, culture, and geography. The constitution also incorporates legal considerations and the structural provisions of the Government of India Act of 1935, which had a far-reaching impact on its development. The Indian Constitution is a unique example of a combination of rigidity and flexibility, providing for three types of amendments ranging from simple to most difficult procedures depending on the nature of the amendment.
The Constitution of India establishes a federal system of government, with all the usual features of a federation, such as two governments, division of powers, written constitution, the supremacy of the constitution, the rigidity of the constitution, independent judiciary, and bicameralism. However, it also contains some unitary or non-federal features, such as a strong centre, a single constitution, and the appointment of state governors by the centre.
The Indian Constitution has been described as 'federal in form but unitary in spirit', reflecting its enduring impact on India's political, social, and legal landscape. It guarantees six fundamental rights to all citizens, including the right to equality, freedom of speech and expression, and freedom of religion. The Constitution also establishes the parliamentary system at the Centre and in the states, with the role of the Prime Minister becoming so significant that it is called a 'Prime Ministerial Government'.
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It establishes a federal system of government
The Indian Constitution establishes a federal system of government, with a clear division of powers between the central government and the state governments. It is a unique combination of both a federation and a union, with a tilt towards a unitary system of government.
The Indian Constitution is the lengthiest and most detailed written constitution in the world. It establishes a parliamentary system at the Centre and in the states, with a Prime Minister at the helm. This parliamentary system is based on the British model, but with some differences. For instance, the Indian Parliament is not a sovereign body like the British Parliament, and the Indian State has an elected head, unlike the hereditary head of the British monarchy.
The Indian Constitution provides for a dual polity, with two seats of power that are autonomous in their respective spheres. This division of powers is outlined in the Seventh Schedule of the Constitution, which includes a Union List, a State List, and a Concurrent List. The Union List grants more powers to the Centre, while the Concurrent List allows the Parliament to override state laws on certain matters. The State List grants states authority over their respective jurisdictions, with the states having an independent constitutional existence.
The Constitution also establishes the supremacy of the Constitution, with the judiciary interpreting and safeguarding it. The judiciary is independent, and the Supreme Court of India is the highest authority in the land, with the power to invalidate any legislation or government action that violates the Constitution. The Constitution also provides for a bicameral legislature, with the lower house (Lok Sabha) representing the people and the upper house (Rajya Sabha) representing the states.
The Indian Constitution, therefore, establishes a federal system of government with a unique blend of features, reflecting its commitment to accommodating diversity and ensuring a balance of powers between the Centre and the states.
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It guarantees fundamental rights to all citizens
The Indian Constitution is the lengthiest and most detailed written constitution in the world. It was adopted by its people with a declaration in its preamble and became effective on 26 January 1950. The 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 Indian Constitution guarantees six fundamental rights to all citizens. These 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. They are justiciable in nature, meaning they are enforceable by the courts in the case of their violation. The six fundamental rights are as follows:
- The right to equality before the law, which promotes the idea that all people are equal under the law regardless of race, religion, or any other factor.
- The right to freedom of speech and expression, which allows citizens to freely express their thoughts and opinions without fear of retribution.
- The right to freedom of religion, which guarantees freedom of conscience and the free profession, practice, and propagation of religion.
- The right against exploitation, which protects citizens from forced labour, trafficking, and other forms of exploitation.
- The right to freedom of movement, which allows citizens to move freely throughout India and to reside and settle in any part of the country.
- The right to constitutional remedies, which provides citizens with access to the Supreme Court and High Courts to enforce their fundamental rights.
These fundamental rights are not exhaustive, and the Indian Constitution also includes various other rights and freedoms that are guaranteed to all citizens. The Constitution establishes that every individual is entitled to enjoy certain rights as a human being and that these rights are inherent and cannot be taken away by any majority. The rights guaranteed by the Indian Constitution reflect the country's commitment to the rule of law and ensure that all citizens are treated with dignity and respect.
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It establishes a parliamentary system of government
The Indian Constitution, which became effective on 26 January 1950, establishes a parliamentary system of government. This parliamentary system of government is borrowed from the British Parliamentary System, though it differs in some fundamental ways. For example, 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 of government at both the Centre and the states. The role of the Prime Minister in this system of government is significant, and it is called a 'Prime Ministerial Government'. The President of India is the head of the executive branch, and the Prime Minister is the head of the Council of Ministers, which aids and advises the President in carrying out their constitutional duties. The Council of Ministers is answerable to the lower house.
The Indian Constitution establishes a federal system of government, with 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 grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislations or government actions that violate it. The Constitution also provides for a single integrated system of courts to administer both Union and State laws.
The Indian Constitution is the supreme legal authority, binding the legislative, executive, and judicial organs of government. It grants power to the executive, legislative, and judicial branches of government, which are accountable to it. The Constitution also establishes the doctrine of the sovereignty of Parliament, which is associated with the British Parliament, and the principle of judicial supremacy, which is associated with the American Supreme Court. The scope of judicial review power of the Supreme Court in India is narrower than in the US, as the Indian Constitution provides for 'procedure established by law' instead of 'due process of law'.
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It establishes a secular state
The Indian Constitution establishes India as a "Sovereign Socialist Secular Democratic Republic". The term "secular" was added to the Preamble of the Indian Constitution by the 42nd Amendment Act in 1976. This means that the Indian Constitution does not uphold any particular religion as the official religion of the Indian State. Articles 25 to 28 of the Constitution give concrete shape to this concept of secularism.
The Indian Constitution is the supreme legal authority and binds 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 Constitution also provides for a single integrated system of courts to administer both Union and State laws. At the apex of the entire judicial system is the Supreme Court of India, followed by the High Courts in each State or group of States. The Constitution further establishes the parliamentary system not only at the Centre but also in the States.
The framers of the Indian Constitution borrowed features from the constitutions of various countries around the world, as well as from previous legislation such as the Government of India Acts of 1858, 1919, and 1935, and the Indian Independence Act of 1947. The Constitution was drafted by a Constituent Assembly, not by the Parliament of India, and was adopted by its people with a declaration in its preamble. This means that the Parliament of India cannot override the Indian Constitution. The Constitution became effective on 26 January 1950, and it is the lengthiest and most detailed constitutional document in the world.
The Indian Constitution guarantees six fundamental rights to all citizens, which are meant for promoting the idea of political democracy. These rights operate as limitations on the tyranny of the executive and arbitrary laws of the legislature. They are justiciable in nature, meaning they are enforceable by the courts for their violation. The Constitution also contains elaborate emergency provisions to enable the President to effectively meet any extraordinary situation and safeguard the sovereignty, unity, integrity, and security of the country, the democratic political system, and the Constitution itself.
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