Malcolm Rivera
Democracy is a form of government in which political power is vested in the people or the population of a state. In India, the democratic system was established after its independence from Britain in 1947, and the Constitution of India came into effect on 26 January 1950. The Indian Constitution is secular and guarantees Indians' rights, including equality before the law and freedom of speech, assembly, and movement. The country's government is modelled loosely on the British Westminster system and consists of a president as head of state, an executive headed by the prime minister, a bicameral legislature, and an independent judiciary with a supreme court at its head.
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What You'll Learn
The right to vote
India is the world's largest democracy. Democracy is a form of government in which the citizens of a country have the power to participate in an election and elect representatives to form a governing body, such as a parliament.
The Indian Constitution grants the right to vote to all Indian citizens of sound mind above the age of 18. This right is universally granted to all Indians, with a few exceptions. The right to vote is a constitutional right in India under Article 326, which allows all citizens above the age of 18 years, irrespective of their gender, caste, religion or class, the right to vote. This right is not a fundamental right, but a legal right granted to citizens.
The Indian Constitution safeguards the rights of the voter and lays down the conditions under which this privilege is granted to citizens. All eligible voters are required to cast their ballot in person at a polling booth to ensure that a registered voter exercises their ballot themselves. In special cases, voting can be done by post, known as a postal ballot.
The Indian Constitution also grants voters the right to know about the candidates who are contesting the elections. This right is granted under Section 19 of the Indian Constitution, which empowers voters to seek information about the election manifesto of the candidates, their total financial worth, and their criminal record, if any.
The Indian Council Act of 1861 marked the beginning of representative institutions, but members were nominated by the Viceroy. The Indian Councils Act of 1892 expanded the council and introduced a very limited election. The Morley-Minto Reforms of 1909 increased the number of members in the Legislative Council but the electorate remained small. The Government of India Act of 1919 introduced direct elections for the first time, but the voting rights were only given to a small percentage of the male population. It was only when India gained independence in 1947 that every adult citizen got the right to vote. The Constitution of India came into effect on 26 January 1950, and adopted the provision of Universal Adult Franchise, which meant that every adult citizen of India, regardless of their caste, creed, race, gender or ethnicity, had the right to vote.
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Equality before the law
Democracy in India is the largest in the world, with the country's constitution setting out the country's political code, federal structure, powers of government, and guarantees of rights, including equality before the law. The Indian Constitution came into effect on 26 January 1950, marking the beginning of the democratic system in the country.
> "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India."
The concept of equality before the law is a fundamental aspect of democracy, aiming to preserve the human rights of all individuals. It establishes a system of non-discrimination, ensuring that similarly circumstanced persons are treated alike, both in privileges conferred and liabilities imposed. This principle is derived from the British concept of equality, which states that all people are entitled to basic rights, regardless of their social or economic status, and the US Constitution's Equal Protection Clause, which guarantees fair and equal application of the law.
In the context of Indian democracy, the right to equality before the law is a cornerstone, ensuring that every citizen, regardless of their background, has an equal say in electing their representatives and forming a governing body. This equality in voting rights is a key feature of democracy, where the ruling party is chosen by the people and must gain a majority of votes in elections held regularly every five years.
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Freedom of speech
India is the world's largest democracy. Its government is loosely modelled on the British Westminster system and consists of a president as head of state, an executive headed by the prime minister, a legislature consisting of a parliament with an upper and lower house (the
The Indian Constitution came into effect on 26 January 1950, marking the beginning of the democratic system in India. The Constitution guarantees Indians' rights, including equality before the law and freedoms of speech, assembly, and movement, among others.
In 1951, India's first Prime Minister, Jawaharlal Nehru, amended the Constitution for the first time, introducing a provision restricting Article 19(1)(a) to counteract the "abuse of freedom of speech and expression." This decision was made in response to criticism in the press regarding the government's handling of issues like the West Bengal refugee crisis and extrajudicial killings in Madras.
Despite this amendment, freedom of speech remains a contested issue in India. Powerful Indian corporations have sued authors, journalists, and activists for defamation, and self-censorship by journalists is a growing problem. The government has also used laws to ban books and movies on the basis that they violate Section 295a, which criminalises acts intended to outrage religious feelings.
In conclusion, while freedom of speech is a fundamental right guaranteed by the Indian Constitution, it has faced challenges and restrictions throughout the country's history. The dynamic nature of this right underscores the ongoing debate surrounding freedom of speech in the Indian democratic context.
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Freedom of assembly
Democracy is a system of government in which citizens exercise power directly or elect representatives from among themselves to form a governing body, such as a parliament. The Indian Constitution, which came into effect on 26 January 1950, is a part of this democratic system.
The Indian democratic government provides several rights to individuals, including the Right to Education, Freedom of Speech and Expression, and the Right to Form a Union or Association. One of the tenets of democracy is that all members of society must be equal, and this equality must be reflected in the individual vote.
In India, the Constitution sets out the country's political code, federal structure, powers of the government, and guarantees Indians' rights, including freedom of assembly. The Indian democratic system began when the first election was held, and the first government was created by the people's vote. The right to freedom of assembly in India allows citizens to assemble in public places and join associations to express their ideas and opinions. This right is protected by the Indian Constitution and is an essential aspect of the country's democratic system.
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Freedom of association
Democracy in India is modelled loosely on the British Westminster system. It is a form of government where the ruling party is chosen by the people of the country, with the power to directly participate in elections and elect representatives to form a governing body, or parliament. The Indian Constitution, which came into effect on 26 January 1950, guarantees Indians' rights, including equality before the law and freedom of speech, assembly, and movement, among others.
One of the rights guaranteed by the Indian Constitution is the freedom of association. This freedom is guaranteed under Article 19 (1) (c) of the Constitution, which grants Indian citizens the right "to form associations, or unions or Co-operative Societies". This right is not absolute, however; under clause (4) of Article 19, the state may impose reasonable restrictions on this right in the interest of public order, morality, or the sovereignty and integrity of India.
The freedom of association encompasses both an individual's right to join or leave groups voluntarily and the right of a group to take collective action to pursue its interests. It can be described as the right of individuals to come together to collectively express, promote, pursue, and/or defend common interests. This freedom is recognised in various legal systems and international laws, including the United States Bill of Rights, the European Convention on Human Rights, and the Universal Declaration of Human Rights.
In the context of workers' rights, the freedom of association specifically refers to the right to form trade unions and engage in collective bargaining. This right is recognised separately in Section 23. The right to carry out a strike or lockout can be controlled or restricted by appropriate industrial legislation, as per clause (4) under Article 19(1) (c).
Associations, clubs, and groups play a significant role in an individual's life and in society as a whole. They help to influence and shape people's perceptions and encourage them to work together for a better future. However, it is important that these associations do not disrupt the peace, disturb the unity, or act as a barrier to the progress and development of the country.
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Frequently asked questions
Democracy is a form of government in which political power is vested in the people or the population of a state. In a direct democracy, the people have direct authority to deliberate and decide legislation. In a representative democracy, the people elect governing officials through elections.
The Indian Constitution is the supreme law of India and came into effect on 26 January 1950. It sets out the country's political code, federal structure, powers of the government, and guarantees Indians' rights, including equality before the law and freedom of speech, assembly, and movement.
India is a democratic country where citizens have the right to vote and elect their leaders, irrespective of caste, colour, creed, religion, and gender. The government is modelled on the British Westminster system and consists of a president, an executive headed by the prime minister, a parliament with an upper and lower house, and an independent judiciary.
Indian democracy is based on political equality and majority rule. It also considers the opinions of minorities and provides rights such as the Right to Education, Freedom of Speech and Expression, and the Right to form a union or association.
