Malcolm Rivera
The Indian Constitution is the supreme legal document of India and the world's longest written national constitution. It lays out the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out the fundamental rights and duties of citizens. The Indian Constitution was enacted on 26 January 1950, and its philosophy is widely believed to be embodied in the preamble, which declares India to be a sovereign state. The preamble also underscores the concepts of popular sovereignty, equality, liberty, and justice. The Constituent Assembly, elected by the members of the provincial assemblies, took almost three years to draft the constitution. The Constitution reflects the impact of the ideology of secularism, with all religions being treated alike and enjoying equal respect. It also establishes an independent judiciary, providing that the state must take measures to separate the judiciary from the executive in public services.
| Characteristics | Values |
|---|---|
| Secularism | Freedom of religious worship for all |
| Social revolution | Foundation for the ideologies that inform the working of the Indian state |
| Democracy | One person, one vote |
| Popular sovereignty | Power ultimately held by the people |
| Judicial review | The Supreme Court can declare parliamentary laws unconstitutional |
| Constitutional supremacy | The constitution is the supreme power of the nation |
| Fundamental rights | Every individual is entitled to certain rights as a human being |
| Directive principles | Provide social and economic justice to the people |
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What You'll Learn
Secularism and religious freedom
The Indian Constitution is the supreme legal document of India and the longest written national constitution in the world. It lays down the framework that demarcates the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. The philosophy of the Constitution is widely believed to be embodied in the Preamble, which contains the ideals, objectives, and basic principles of the Constitution. The salient features of the Constitution have evolved directly and indirectly from these objectives.
The Constituent Assembly, elected by members of the provincial assemblies, took almost three years to draft the constitution, holding eleven sessions over a 165-day period. The Constitution was drawn from a number of sources, including previous legislation such as the Government of India Acts of 1858, 1892, and 1919, and the Indian Independence Act of 1947. The framers of the Constitution were mindful of India's needs and conditions and borrowed features from these sources accordingly.
The Indian Constitution is a document to guide the nation in its future towards a 'social revolution'. The philosophy of the Constitution, as outlined in the Preamble, reflects the broad objectives of the Constituent Assembly, including the concept of popular sovereignty, equality, liberty, and justice. The Preamble gives priority to justice over liberty and equality, adopting a broad notion of justice that extends beyond the narrow notion of legal justice.
Articles 25-28 of the Constitution specifically address the right to freedom of religion. Article 25 guarantees the freedom of conscience and the right to freely profess, practice, and propagate religion. It also distinguishes between religious practices and secular activities associated with religious institutions. The state has the authority to regulate or restrict secular activities associated with religious practices, such as social reforms and economic activities, as long as they do not violate any laws or public order. Article 26 gives all religious denominations the right to manage their own affairs and establish and maintain religious institutions. Article 27 prohibits the use of tax proceeds for the promotion or maintenance of any particular religion or religious denomination.
The Indian Constitution's commitment to secularism and religious freedom reflects the country's long history of pluralism and religious coexistence. India is a secular state with no state religion, and all religious groups enjoy equal powers and respect without any discrimination. The Supreme Court of India has upheld the secular nature of the Constitution, ruling that it implicitly guaranteed freedom of religion even before the explicit declaration of secularism in the 1976 amendment.
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Democracy and universal adult franchise
The Indian Constitution, which came into force on 26 January 1950, is the supreme legal document of India and the world's longest written national constitution. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. The philosophy of the Constitution is widely believed to be embodied in the Preamble, which contains the ideals, objectives, and basic principles of the document.
The Constituent Assembly, which drafted the Constitution, was vocal about its desire for a democratic polity for the Indian state. In the Kesavananda case, the Supreme Court upheld democracy as a basic feature that cannot be amended or overruled by constitutional amendment. The Assembly's interpretation of democracy was "one person, one vote" or political democracy. This was a significant step towards universal adult franchise, which was revolutionary in a society fraught with parochial social divisions, including untouchability. The Assembly's concept of citizenship was based on the "categorical principle of inclusion", which stated that being an adult member was sufficient qualification for full citizenship of the state.
Universal adult franchise, regardless of sex, education, class, caste, or community, was a significant departure from the social divisions that had previously characterised Indian society. The rights of citizenship were now extended to all citizens, with equality of rights and treatment, and a single national identity. This move towards universal adult franchise was underpinned by the Assembly's understanding of popular sovereignty, which holds that the people are the ultimate holders of power and that government policies and actions are decided by the popular will.
The Indian Constitution also reflects the impact of secularism, with all religions being treated equally and enjoying the freedom of religious worship. This principle, advocated by social reformers and political leaders, was included in the Constitution despite the word "secularism" not appearing in the document as adopted in 1949. The Constitution's emphasis on secularism and religious tolerance further underscores the importance of universal adult franchise, as it ensures that individuals from all religious backgrounds have an equal say in electing their representatives and shaping the country's future.
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Social justice and equality
The Indian Constitution is the supreme legal document of India and is the world's longest written national constitution. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens.
The philosophy of the Constitution is embodied in the Preamble, which contains the ideals, objectives, and basic principles of the document. The framers of the Indian Constitution sought to combine the British principle of parliamentary sovereignty with the American principle of judicial supremacy. The Preamble gives priority to justice over liberty and equality, with a broad notion of justice that is not restricted to legal justice. This has been a source of debate between a neutral state and an interventionist state that seeks social transformation and the good life for its citizens.
The Indian Constitution also espouses secularism, treating all religions alike and granting them equal respect and freedom of religious worship. This principle of religious tolerance and freedom is advocated by social reformers and political leaders in modern India, and it is reflected in the Constitution's adoption of the best features of other major constitutions worldwide, adapted to meet the needs of the country.
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Judicial review and supremacy
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, and sets out fundamental rights, directive principles, and the duties of citizens. The philosophy of the Constitution is widely believed to be embodied in the Preamble, which contains the ideals, objectives, and basic principles of the document. The salient features of the Constitution have evolved directly and indirectly from these objectives.
The framers of the Indian Constitution have sought to synthesise the British principle of parliamentary sovereignty with the American principle of judicial supremacy. The Indian Constitution provides for an independent judiciary, which is established as a basic feature that cannot be changed by the legislature or the executive. Article 50 of the Constitution mandates that the state must take measures to separate the judiciary from the executive in public services.
The Indian Constitution grants the Supreme Court the power to declare parliamentary laws unconstitutional through judicial review. Judicial review is dealt with in Article 13 of the Constitution, which was adopted from the United States Constitution. According to Article 13, any pre-constitutional laws that conflict with the Constitution shall be deemed ineffective until an amendment to the Constitution resolves the conflict. The law will come into force again if it becomes compatible with the Constitution as amended, following the Doctrine of Eclipse.
The Supreme Court's power of judicial review is significant in maintaining the balance of power between the judiciary and the legislature. In the Kesavananda Bharati v. State of Kerala case, the Supreme Court ruled that an amendment cannot destroy what it seeks to modify. It affirmed that amendments cannot alter the basic structure or framework of the Constitution, which are immutable. This ruling established the principle of constitutional supremacy over parliamentary supremacy, as the Court asserted its authority to interpret and protect the fundamental values and principles enshrined in the Constitution.
The Indian Constitution also establishes the fundamental rights of individuals, guaranteeing that every individual is entitled to certain rights as a human being, regardless of the will of any majority or minority. These fundamental rights serve as limitations on the executive and arbitrary laws of the legislature, promoting the idea of political democracy. They are justiciable, meaning that they can be enforced by the courts in cases of violation.
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Popular sovereignty
The Indian Constitution is the supreme legal document of India and is the world's longest written national constitution. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. The philosophy of the Constitution is widely believed to be embodied in the Preamble, which contains the ideals, objectives, and basic principles of the Constitution.
The Indian Constitution is founded on the notion of "popular sovereignty". The people hold the ultimate power in independent India, and it is the popular will that decides the course of government policies and actions. The Preamble of the Indian Constitution states, "We, the People of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic", implying that the people are sovereign as the governing body derives its legitimacy from the people themselves.
The Constituent Assembly, which drafted the Constitution, was formed to determine the power dynamics between the citizens and the government as India gained independence from British rule. The Assembly was made up of indirectly elected members of the Provincial Legislative Assembly, in accordance with the scheme recommended by the Cabinet Mission. The Assembly was tasked with drafting a constitution that reflected the needs and conditions of India, borrowing features from previous legislation such as the Government of India Acts and the Indian Independence Act.
The principle of popular sovereignty played an important role in the making of the Indian Constitution. The Assembly adopted universal adult franchise, which was revolutionary for a society that was divided by caste and class. This idea of citizenship provided "a uniform set of rights extended to all citizens and defended in the name of equality of rights, equality of treatment, and a single national identity". The Constitution also promotes secularism, with all religions being treated equally and people having the freedom to worship according to their choice.
However, it is important to note that the Indian Constitution does not contain a provision to limit the powers of Parliament to amend the Constitution. The Supreme Court has ruled that there are certain integral features of the Constitution, such as democracy and an independent judiciary, that cannot be amended or removed through constitutional amendments.
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Frequently asked questions
The Indian Constitution is a document to guide the nation towards a 'social revolution' and is the foundation for the ideologies that inform the workings of the Indian state. It is founded on the notion of "popular sovereignty", with the people holding the ultimate power in independent India.
The Indian Constitution reflects the impact of its ideology in the following spheres: secularism, socialism, humanism, and decentralisation.
The Indian Constitution treats all religions equally, allowing people to freely worship according to their chosen religion. This principle of religious tolerance and freedom is advocated by social reformers and political leaders in modern India.
The Preamble contains the ideals, objectives, and basic principles of the Constitution, including the concepts of popular sovereignty, equality, liberty, and justice. It gives priority to justice over liberty and equality, with a broad notion of justice that extends beyond legal justice.
