Eleanor Finch
The Constitution of India is the supreme law of the Republic of India, and the longest written national constitution in the world. It establishes India as a 'Sovereign, Socialist, Secular, Democratic Republic' with a parliamentary system of government. The Constitution lays down the framework for the country's political system, defining the powers and responsibilities of government institutions, and safeguarding the fundamental rights and duties of its citizens. The Constituent Assembly, formed in 1946, chose the elephant as its emblem in 1947, reflecting India's rich cultural heritage and symbolising the wisdom and unity required to draft a constitution for a diverse nation.
| Characteristics | Values |
|---|---|
| Legal authority | The Constitution is the supreme legal authority, above even Parliament. |
| Legal framework | The Constitution lays out the fundamental rights and duties of citizens, as well as the framework for the country's political system. |
| Rule of law | The Constitution establishes India as a Sovereign, Socialist, Secular, Democratic Republic with a Parliamentary form of government. |
| Equality | The Constitution ensures that all citizens are equal before the law, regardless of religion, race, caste, sex, or place of birth. |
| Judicial independence | The Constitution provides for an independent judiciary, with the Supreme Court of India at its apex, empowered to invalidate legislation or government actions that violate it. |
| Federalism | The Constitution adopts a federal system of governance between the Union and the States, with a single integrated system of courts to administer both Union and State laws. |
| Separation of powers | The Constitution divides powers between the legislative, executive, and judicial organs of government, with a Council of Ministers headed by the Prime Minister to aid and advise the President. |
| Free and fair elections | The Constitution guarantees free and fair elections. |
| Secularism | The Constitution guarantees freedom of conscience and religion, ensuring that India remains a secular state. |
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What You'll Learn
The Constitution of India is the supreme law
The Constitution of India is the supreme legal document of India and the world's longest written national constitution. It is a set of rules and regulations that guide the administration of the country. The document lays down the framework that demarcates the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out the fundamental rights, directive principles, and duties of citizens. It is federal in nature and unitary in spirit, with a three-tier governmental structure (central, state, and local).
The Constitution of India was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950, replacing the Government of India Act 1935 as the country's fundamental governing document. The constitution declares India a sovereign, socialist, secular, and democratic republic, assuring its citizens justice, equality, and liberty, and endeavouring to promote fraternity.
The constitution was drawn from a number of sources, including previous legislation such as the Government of India Acts of 1858, 1919, and 1935, and the Indian Independence Act 1947. The Constituent Assembly, with 389 members (reduced to 299 after the partition of India), took almost three years to draft the constitution, holding eleven sessions over a 165-day period. The final draft was passed by the Constituent Assembly on 26 November 1949, and the major part of the Constitution came into force on 26 January 1950, making India a sovereign republic.
The Constitution of India is unique in that it provides for a single integrated system of courts to administer both Union and State laws, with the Supreme Court of India at the apex of the judicial system. The independence of the judiciary is a fundamental part of the Indian Constitution, and the Supreme Court plays a crucial role in interpreting and safeguarding the constitution. In the famous case of Kesavananda Bharati v. State of Kerala, the Supreme Court held that certain features of the Indian Constitution are so integral that they cannot be amended or removed. This decision affirmed the supremacy of the Constitution and set a precedent for future constitutional interpretations.
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It declares India a sovereign, socialist, secular, democratic republic
The Constitution of India is the supreme legal document and the fundamental law of the land. It is the world's longest written national constitution, establishing India as a sovereign, socialist, secular, democratic republic. The Constitution declares India's commitment to the rule of law, outlining the framework for the country's political system and defining the powers and responsibilities of government institutions.
As a sovereign nation, India is an independent state with its own legal system and the power to govern itself. The Constitution grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate any legislation or government action that violates it. The Supreme Court of India, comprising the Chief Justice and up to 33 other Judges, is the highest legal authority, interpreting the Constitution and binding the legislative, executive, and judicial organs of the government.
The secular nature of the Indian state is another key feature of its Constitution. This means that India does not uphold any particular religion as the official religion. Instead, the state is mandated to treat all religions equally, refraining from favouring or discriminating against any specific religion. This secularism recognises the freedom of conscience and religion for all citizens.
The Constitution also establishes a parliamentary system of government, with a Prime Minister who exercises most executive power. The President is the constitutional head of the Executive, but their role is largely ceremonial, as they are obligated to act on the advice of the Prime Minister and the Council of Ministers, which the Prime Minister appoints.
The Indian Constitution reflects the nation's historical struggles, philosophical ideals, and societal aspirations. It is a symbol of the country's journey towards democracy, justice, and equality, with a federal structure that provides for a single integrated system of courts to administer both Union and State laws. The Constituent Assembly, established in 1946, was tasked with drafting the Constitution, and they chose the elephant as their emblem, reflecting India's rich cultural heritage and symbolising the wisdom and unity required for this important task.
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It lays down the framework for the country's political system
The Constitution of India is the supreme legal document of India and the longest written national constitution in the world. It lays down the framework for the country's political system, defining the powers and responsibilities of government institutions, fundamental rights, and principles of governance.
The Constitution of India is a set of rules and regulations that guide the administration of the country. It is structured into various parts, each dealing with a specific aspect of the country's legal, administrative, or governmental framework. The Constitution of India is federal in nature and unitary in spirit. It has features of a federation, including a codified, supreme constitution, a three-tier governmental structure (central, state, and local), division of powers, and bicameralism. The executive, legislative, and judicial branches of the government derive their powers from the Constitution and are bound by it.
The Constitution of India defines the fundamental political code, structure, procedures, powers, and duties of government institutions. It outlines the organizational powers and limitations of both central and state governments. The central government, also known as the Union government, is composed of the executive, the legislature, and the judiciary. The executive branch is headed by the President of India, who is the head of state and commander-in-chief of the Indian Armed Forces. The Prime Minister, who is the head of the executive, is responsible for running the Union government. The Prime Minister is also the head of the Council of Ministers, which aids and advises the President in their constitutional duties. The Council of Ministers is answerable to the lower house of Parliament, known as the Lok Sabha. The legislature branch of the Union government consists of two houses: the Lok Sabha and the Rajya Sabha. The judiciary branch of the Union government is the Supreme Court of India, which is the custodian of the Constitution and has the power to interpret the Constitution and settle disputes between the central government and the states.
The state governments in India consist of 28 states and 8 union territories, each with its own government. The head of the Council of Ministers in a state is the Chief Minister. Each state has a legislative assembly, which can be unicameral or bicameral. The Constitution of India also outlines the powers and responsibilities of these state governments and their relationship with the central government. For example, Article 356 of the Constitution permits the President to dismiss a state government and assume direct authority if the state government cannot be conducted in accordance with the Constitution.
The Constitution of India is a living document that has been amended over 100 times to adapt to the changing needs of the country. It is a symbol of India's independence, democracy, and unity, reflecting the nation's collective journey toward democracy, justice, and equality.
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It safeguards fundamental rights and freedoms
The Constitution of India is the supreme law of the Republic of India, safeguarding fundamental rights and freedoms. It lays down the framework for the country's political system, defining the powers and responsibilities of government institutions. It is a set of rules and regulations that guide the administration of the country.
The Fundamental Rights in India are enshrined in Part III (Articles 12–35) of the Constitution. These rights are known as "fundamental" as they are essential for all-round development, including material, intellectual, moral, and spiritual development. They are protected by the fundamental law of the land, i.e., the Constitution. These rights guarantee civil liberties, allowing all Indians to lead peaceful and harmonious lives as citizens. They emphasise the fundamental unity of India, guaranteeing all citizens access to the same facilities, irrespective of background.
The right to equality is one of the most important fundamental rights. It guarantees equal rights for everyone, irrespective of religion, gender, caste, race, or place of birth. It ensures equal employment opportunities in the government and protects against discrimination by the State in matters of employment. The right to equality also includes the abolition of titles and untouchability.
The right to freedom is another crucial aspect of the Fundamental Rights. It includes freedom of speech and expression, freedom of association and peaceful assembly, and the freedom to practice one's religion. The Constitution guarantees the freedom to establish and maintain religious and charitable institutions. It also ensures cultural and educational rights, protecting the rights of religious, cultural, and linguistic minorities to preserve their heritage and culture.
The Right to Constitutional Remedies is considered the most important fundamental right as it ensures the protection of all other fundamental rights. If the rights provided by the Constitution are violated, the Supreme Court and High Courts can issue writs under Articles 32 and 226, respectively, directing the State Machinery to enforce these rights. These rights are enforceable by the courts and are universal, applying to all citizens of India, regardless of their background.
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It outlines the principles of governance
The Constitution of India is the supreme law of the Republic of India. It is the fundamental legal document of India and the world's longest written national constitution. It outlines the principles of governance by providing a framework for the country's political system, defining the powers and responsibilities of government institutions, and safeguarding the fundamental rights and duties of citizens.
The constitution establishes India as a 'Sovereign, Socialist, Secular, Democratic Republic' with a parliamentary system of government. It ensures constitutional supremacy and outlines the organisation, powers, and limits of government institutions. The constitution grants all citizens fundamental rights, including equality before the law, and empowers an independent judiciary to invalidate legislations or government actions that violate it.
The constitution provides for a federal system of governance with a parliamentary form of government. It establishes the council of the Parliament of the Union, consisting of the President and two Houses: the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). The constitution also provides for a Council of Ministers, headed by the Prime Minister, to aid and advise the President.
The constitution outlines the principles of governance by setting out the fundamental political code, structure, procedures, powers, and duties of government institutions. It reflects the nation's collective journey toward democracy, justice, and equality. The constitution is structured into various parts, each dealing with specific aspects of the country's legal, administrative, or governmental framework.
The constitution also establishes a single integrated system of courts to administer both Union and State laws, with the Supreme Court of India at the apex, followed by High Courts and District Courts. The independence of the judiciary is a key feature of the Indian Constitution, and it plays a crucial role in interpreting and upholding the principles of governance outlined in the constitution.
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Frequently asked questions
The Constitution of India symbolizes the country's commitment to the rule of law and its values, principles and governance framework. It is the supreme legal authority that binds the legislative, executive and judicial organs of government.
The Constitution of India establishes India as a Sovereign, Socialist, Secular, Democratic Republic with a Parliamentary form of Government. It also grants all citizens Fundamental Rights and empowers an independent judiciary to invalidate any legislation or government actions that violate the Constitution.
This date marks the day the Constituent Assembly of India adopted the Constitution.
This date marks when the Constitution of India came into force and India became a sovereign republic.
