Simone Lawson
India became a sovereign democratic republic on 26 January 1950, when its constitution came into effect. The constitution is the supreme legal document and source of law in the country. It is based on the principle of the separation of powers into legislative, executive and judicial branches. The head of state is the president, who is elected by the citizens of India. The constitution gave the citizens of India the power to choose their own government and paved the way for democracy.
| Characteristics | Values |
|---|---|
| Head of State | A President, not a monarch |
| Government | Parliamentary system |
| Legislative power | Exercised by the Parliament, consisting of Rajya Sabha and Lok Sabha |
| Constitution | The supreme legal document and source of law in the country |
| Union of States | The head of the state is not hereditary |
| People's Authority | People have the final authority in all matters |
| Democracy | The Constitution gave citizens the power to choose their government |
| Economy | The world's fifth-largest economy by GDP |
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What You'll Learn
India's parliamentary system of government
India is a parliamentary republic, with a system of government outlined by its constitution, which came into force on 26 January 1950. The constitution is the supreme legal document and source of law in the country.
The Indian Parliament consists of the President and two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The President has the power to summon, prorogue, and dissolve the Lok Sabha. The Lok Sabha is the lower house and has 543 members, who are directly elected by citizens of India on the basis of universal adult franchise. The Rajya Sabha is a permanent body and is not subject to dissolution. The Parliament is the supreme legislative body of India and possesses enormous power as it represents the people of India.
The Parliamentary system of government is characterised by majority party rule, meaning that the party that wins a majority of the seats in the lower house (Lok Sabha) during elections usually forms the government. In cases where no party wins a majority of votes, the President may invite an alliance of parties to form a government. The executive becomes part of the legislature and is responsible for framing and implementing laws and policies, also known as a Cabinet Government. The Prime Minister is the head of the government and holds the executive powers.
The Indian Constitution was influenced by the Constitutions of the United States, the United Kingdom, and France. It outlines the functions, jurisdictions, limitations, and interrelationships of the executive, legislative, and judiciary bodies. The legislative body is responsible for law-making and consists of the two houses of Parliament. The executive body implements the laws and regulations framed by the legislative body, and the judiciary ensures justice to the citizens of India based on the framed laws of the Constitution.
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The President as Commander-in-Chief of the Indian Armed Forces
India adopted the concept of a "Republic" in its Constitution on January 26, 1950, when it became a sovereign democratic republic. The Constitution is the supreme legal document and source of law in the country. The Constitution has the highest legal force among legislative acts. India has a federal system consisting of the Union or Central Government and the State Governments. Legislative power is exercised by the Parliament, which consists of two houses: the Rajya Sabha (Council of States) as the upper house and the Lok Sabha (House of the People) as the lower house. The Government of the Union of India is parliamentary in character.
The President of India is the Commander-in-Chief of the Defence Forces, the Supreme Commander of the Armed Forces, the Head of the Government, and the Supreme Commander of the Defence Forces of the Union and Executive Head of the Union. The President is the first position according to the Warrant of Precedence. The Indian Armed Forces consist of three uniformed services: the Indian Army, the Indian Navy, and the Indian Air Force. The President is elected for a term of five years and takes the oath of office in the presence of the Chief Justice of India. The President must be a citizen of India, above 35 years of age, and possess all qualifications necessary to become a member of the Lok Sabha. The President must not be a member of either house of parliament or a state legislature, nor hold any office of profit under the government of India or any state government.
The position of Commander-in-Chief in India was established in 1748 by the East India Company to head its three Presidency Armies: the Bengal Army, the Bombay Army, and the Madras Army. Following India's independence in 1947, the Commander-in-Chief functioned as the supreme commander of the armed forces in the subcontinent, liaising directly with the Governor-General of India. After the independence and partition of the subcontinent, the British Indian Army (BIA) was split into the modern-day Indian Army and the Pakistan Army. The post of Commander-in-Chief was then trifurcated into the C-in-C Indian Army, the C-in-C Pakistan Army, and the Supreme Commander of India and Pakistan. The position of Supreme Commander was abolished in January 1948 and bifurcated into the positions of Commander British Forces in India and Commander British Forces in Pakistan. In June 1948, the title of C-in-C was modified with the prefix Chief of the Army Staff, and re-designated as Chief of the Army Staff and Commander-in-Chief, Indian Army (COAS & C-in-C).
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The Constitution as the supreme legal document
The Constitution is the supreme legal document and source of law in India. It is the main law of the state and has the highest legal force among legislative acts. The Constitution of India was largely influenced by the constitutions of the United States, the United Kingdom, and France. It came into effect on 26 January 1950, when India became a sovereign democratic republic, and the date is now celebrated as Republic Day.
The Constitution outlines India's system of government, which is a parliamentary system. It is a federal system consisting of the Union or Central Government and the State Governments. Legislative power is exercised by the Parliament, which is made up of two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The Constitution gave the citizens of India the power to choose their own government and paved the way for democracy.
The Constitution also establishes the position of the President of India, who is the Head of State. The President is elected by the citizens of India and holds office for a term of 6 years. The President has ceremonial duties, such as unfurling the national flag on Republic Day, and also serves as the Commander-in-Chief of the Indian Armed Forces.
The Constitution of India is a fundamental document that outlines the country's system of government, establishes the position of the Head of State, and guarantees the rights and freedoms of its citizens. It is the supreme legal authority in the country and forms the basis of India's democratic system.
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The Union or Central Government and State Governments
India is a republic, a form of government where the head of state is not a monarch, but a president or other elected official. The Constitution of India was largely influenced by the Constitutions of the United States, the United Kingdom, and France. It is the supreme legal document and source of law in the country. The Constitution has the highest legal force among legislative acts.
The Government of India is modelled after the Westminster system. The Union or Central Government is composed of the executive, the legislature, and the judiciary. The powers are vested by the constitution in the council of ministers, parliament, and the supreme court, respectively. The President of India is the head of state and the commander-in-chief of the Indian Armed Forces. The elected prime minister acts as the head of the executive and is responsible for running the Union government. The cabinet is headed by the prime minister, who is advised by the cabinet secretary. The President is responsible for appointing many high officials in India, including the governors of the 28 states, the chief justice, the attorney general, the comptroller and auditor general, the chief election commissioner, the chairman and members of the Union Public Service Commission, the officers of the All India Services, the Indian Armed Forces, and the ambassadors and high commissioners to other countries.
The Parliament of India is bicameral in nature, with the Lok Sabha being the lower house, and the Rajya Sabha the upper house. The Rajya Sabha is a permanent body and is not subject to dissolution. The judiciary systematically contains an apex supreme court, 25 high courts, and hundreds of district courts, all subordinate to the supreme court. The Supreme Court of India is the highest judicial forum and final court of appeal under the Constitution of India, with the power of constitutional review.
Similar to the Union government, individual state governments each consist of executive, legislative, and judiciary branches. The legal system as applicable to the Union and individual state governments is based on the English common and Statutory Law. The term "Union government", "central government" and "bhārat sarkār" are often used officially and unofficially to refer to the government of India. The term "New Delhi" is commonly used as a metonym for the Union government, as the seat of the central government is in New Delhi.
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The separation of powers into legislative, executive and judicial
The Indian Constitution, influenced by the Constitutions of the United States, the United Kingdom, and France, came into force on 26 January 1950, when India became a sovereign democratic republic.
The Constitution of India does not explicitly adopt the doctrine of separation of powers, but the functions of the different parts of the government are differentiated. The Indian Constitution is based on the principle of the separation of powers into three branches: legislative, executive, and judicial. The legislative branch is responsible for making laws, the executive branch for implementing them, and the judiciary for interpreting them.
The executive is led by the President, supported by the council of ministers, who are headed by the Prime Minister. The executive is responsible for implementing the laws enacted by the legislature and enforcing the will of the state. It is the administrative head of the government. The judiciary interprets the law, settles disputes, and administers justice to all citizens. It is considered the guardian of the Constitution and comprises the Supreme Court, the High Courts, and other subordinate courts.
The judiciary is independent, but the judges are appointed by the executive. The legislature can also alter the basis of a judgment while adhering to constitutional limitations. The system of checks and balances ensures that no one organ becomes too powerful. The Constitution guarantees that the discretionary power bestowed on any one organ is within the democratic principle.
While the Indian Constitution does not strictly follow the doctrine of separation of powers, the functions of the different branches of the government are sufficiently differentiated. The judiciary is not supposed to engage in lawmaking, but there are instances of judicial legislation, where the judiciary steps in to fill a legal vacuum or address a peculiar issue.
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Frequently asked questions
A republic is a form of government where the head of state is not a monarch, but a president or other elected official.
India became a republic on 26 January 1950, when it adopted the concept in its Constitution.
The date was chosen as the Indian National Congress proclaimed Purna Swaraj (complete independence) on this day in 1930.
The Constitution, which is the supreme legal document and source of law in the country.
The system of state power is based on the principle of separation of powers into legislative, executive, and judicial branches.
