Omar Bennett
The Indian Constitution is the fundamental law of the country, embodying the values, principles, and governance framework of the nation. It is the lengthiest written constitution in the world, consisting of a preamble, about 448-470 articles, 24-25 parts, and 12 schedules. The constitution establishes a federal system of government, adopting the British Parliamentary System over the American Presidential System. It stands for a secular state, guaranteeing equality, liberty, and fraternity, and does not uphold any particular religion. The constitution also provides for universal adult franchise, with every citizen over the age of 18 having the right to vote without discrimination. While the basics of the constitution remain unalterable, its interpretation can be dynamic to accommodate the changing needs of the country.
| Characteristics | Values |
|---|---|
| Length | The lengthiest written constitution in the world |
| Structure | 25 parts, 448-470 articles, 12 schedules |
| Type | Written |
| System of Government | Federal |
| Nature | Rigid and flexible |
| Secularism | Yes |
| Sovereignty | Parliamentary |
| Judiciary | Independent |
| Citizenship | Single |
| Voting Age | 18 |
| Amendments | Three types, ranging from simple to most difficult procedures |
| Fundamental Rights | Equality before the law and in opportunity, economic and social justice, protection of minorities |
Explore related products
What You'll Learn
The Indian Constitution is the fundamental law of the land
The Constitution of India is the fundamental law of the land, serving as the supreme law and providing a framework for the functioning of the government, the protection of individual liberties, and the maintenance of social order. It is one of the longest, most comprehensive, and most detailed written constitutions in the world. The Indian Constitution establishes a federal system of government, with a parliamentary form based on the British Parliamentary System. It contains the usual features of a federation, including 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 establishes the parliamentary system at the Centre and in the states. The Indian Parliament retains the ultimate authority to make laws, but the judiciary serves as the guardian of the Constitution, ensuring that parliamentary actions adhere to constitutional norms and protect fundamental rights. The Indian Constitution guarantees six fundamental rights to all citizens, promoting the idea of political democracy in the country. These rights are enforceable by the courts and include individual rights common to most liberal democracies, such as equality before the law, freedom of speech and expression, freedom of association and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights.
The Constitution also establishes an integrated and independent judicial system in the country, with a single system of courts, comprising the Supreme Court, High Courts, and Subordinate Courts, enforcing both central and state laws. The Supreme Court of India is the highest court of appeal and the guarantor of the fundamental rights of citizens. The Constitution further outlines the principles of governance, reflecting the nation's collective journey toward democracy, justice, and equality.
The Indian Constitution has evolved over time, with amendments made to address the changing needs of the country. For example, the 42nd Constitutional Amendment Act of 1976 added the term "secular" to the Preamble, emphasizing the secular nature of the Indian State. The Constitution of India is a living document that continues to be interpreted and adapted to meet the challenges and aspirations of a diverse and dynamic nation.
The Evolution of India's Constitution: A Historical Perspective
You may want to see also
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. This is despite the fact that the word "federalism" is not mentioned in the Indian Constitution.
The Indian Constitution establishes a dual polity and the division of powers between them. The states have the same authority over the state list as the union has over the union list. Part VI of the Indian Constitution provides for the states of the Indian Union with independent constitutional existence.
The Constitution of India establishes the structure of the Indian government, including the relationship between the federal government and state governments. Part XI of the Indian Constitution specifies the distribution of legislative, administrative, and executive powers between the union government and the States of India. The legislative powers are categorised under a Union List, a State List, and a Concurrent List, representing the powers conferred upon the Union government, those conferred upon the State governments, and powers shared among them.
The Indian Constitution allows for both national unity and regional diversity. While the central government can implement policies that apply uniformly throughout the country, the states can tailor policies to meet the specific needs of their regions. Federalism also allows for a more robust protection of individual and minority rights as state governments are better able to address the specific needs and concerns of their diverse populations and can tailor policies and legislation accordingly.
The Indian Constitution establishes an integrated and independent judicial system. The Supreme Court of India is a federal court, the highest court of appeal, the guarantor of the fundamental rights of the citizens, and the guardian of the Constitution.
The Indian Constitution is the longest and most detailed written constitution in the world. It is the fundamental law of the land, embodying the values, principles, and governance framework of the country. It serves as the supreme law, guiding the state’s functioning and ensuring citizens’ rights and responsibilities. It is based on the British Parliamentary System of Government.
The Spirit of India: Understanding Our Constitution's Purpose
You may want to see also
It is a unique blend of rigidity and flexibility
The Indian Constitution is often described as a "rigid-flexible" constitution, a unique blend of rigidity and flexibility. This dual nature is a deliberate and thoughtful approach to governance, allowing the constitution to adapt to changing circumstances while also providing stability and protection for fundamental principles.
The constitution's rigidity is most evident in its amendment process, which requires a special procedure as specified in Article 368. This procedure demands a two-thirds majority in both houses of Parliament or a special majority, including the support of at least half the state legislatures. Some amendments may also require the ratification of a majority of state legislatures, making the process cumbersome and time-consuming. This rigidity is intentional, safeguarding fundamental principles and the basic structure of the Constitution from being easily changed or violated. It ensures that significant changes require a substantial consensus, preventing hasty and ill-considered amendments and contributing to political stability and continuity.
The constitution also grants certain fundamental rights to Indian citizens, such as the right to equality, freedom of speech and expression, and the right to life and personal liberty. These rights are considered sacrosanct and are protected by judicial scrutiny, requiring any attempt to infringe upon them to meet strict criteria. The rigidity of these rights further ensures the protection of individual liberties and democratic values.
However, the Indian Constitution also contains elements of flexibility. It can be amended to adapt to changing circumstances and emerging needs, allowing for the evolution of the legal and political framework to meet the challenges of a dynamic society. The Constitution upholds the principle of parliamentary sovereignty, with Parliament being the supreme legislative authority. This flexibility empowers Parliament to pass, amend, or repeal laws as needed to respond to the changing requirements of the country without being constrained by constitutional limitations. Nevertheless, this flexibility is not absolute and is subject to judicial review to ensure that laws do not violate the basic structure of the Constitution.
The Indian Constitution's unique blend of rigidity and flexibility is reflected in its synthesis of parliamentary sovereignty and judicial supremacy. While Parliament retains the ultimate authority to make laws, the judiciary serves as the guardian of the Constitution, ensuring that parliamentary actions adhere to constitutional norms and protect fundamental rights. This delicate balance allows for responsible governance, fostering democracy by enabling elected representatives to respond to the will of the people while remaining within constitutional boundaries.
Votes Required to Change the Indian Constitution
You may want to see also
Explore related products
It establishes a parliamentary system of government
The Constitution of India is the supreme law of the Republic of India. It establishes a parliamentary system of government, which is a system of democratic governance in which the executive derives its legitimacy from, and is held accountable to, the legislature (parliament). The Constitution of India has adopted the British Parliamentary System of Government, which is based on the principle of cooperation and coordination between the legislative and executive organs.
The Indian Parliament possesses enormous power as it represents the people of India. It delegates both duties and rights to the citizens of India, ensuring effective administration within the country. The parliamentary form of government maintains a close relationship and shares power between the legislative and executive levels of the government, thus eliminating authoritarianism. The executive becomes a part of the legislature that frames laws and policies and also implements them. It is also known as the Cabinet Government because the executive powers are mainly concentrated in the hands of the Cabinet. The Indian Constitution establishes an integrated and independent judicial system, with the judiciary serving as the guardian of the Constitution.
The Indian Parliament consists of the President and the two houses of Parliament: The Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The Lok Sabha consists of 545 members, of which 543 are the people's elected representatives, including two nominated members from the Anglo-Indian community by the President of India. The Rajya Sabha consists of 245 members, with 233 members representing the different states and union territories, and 12 people nominated by the President of India. The Rajya Sabha is a permanent body that cannot be dissolved. The President is the head of the Parliament, but this position is formal, with the Prime Minister acting as the real head of the government and entrusted with all executive powers.
The parliamentary system of government in India has some fundamental differences from the British system. 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 also contains a large number of unitary or non-federal features, such as a strong centre, a single constitution, single citizenship, flexibility of the constitution, an integrated judiciary, appointment of state governors by the centre, and emergency provisions.
Strategies for IAS Exam: Reading India's Constitution
You may want to see also
It promotes a secular state
The Indian Constitution establishes a secular state, meaning that the state treats all religions equally. This is reflected in Articles 25-28 of the Constitution, which give concrete shape to the concept of secularism. The term 'secular' was added to the preamble of the Indian Constitution by the 42nd Amendment Act in 1976, emphasising that India is a secular country with no state religion.
The roots of the Indian Constitution's secularism can be traced back to the initial part of the Indian freedom movement, where figures such as Feroz Shah Mehta, Govind Ranade, and Gopal Krishna Gokhale pursued a secular approach to politics. The 1928 constitution drafted by Pandit Moti Lal Nehru, as the chairman of the historic Nehru Committee, included provisions on secularism, stating that there would be no state religion and that the state would not directly or indirectly endow any religion with preference or impose any disability on account of religious beliefs.
The Indian Constitution's secularism is not just an abstract principle but has practical implications for the lives of its citizens. It guarantees freedom of faith and worship for all people, allowing them to practice their religion without interference from the state. This freedom is further ensured by Article 27, which states that no citizen can be compelled to pay taxes for the promotion or maintenance of any particular religion or religious institution.
The Constitution also ensures that educational institutions, without exception, are free to impart religious instruction. This includes educational institutions maintained by different religious groups, as outlined in Article 28. Additionally, the Constitution prohibits discrimination based on religion in matters of employment, ensuring that individuals are judged based on their qualifications and skills rather than their religious beliefs or affiliations.
The Indian Constitution's commitment to secularism is a key feature that promotes equality, harmony, and peaceful coexistence among its diverse population, allowing for the free expression and practice of religion while ensuring that the state remains neutral and impartial towards all faiths.
The Indian Constitution: Exploring Its Unique Features
You may want to see also
Frequently asked questions
The salient features of the Indian Constitution include:
- Federalism
- Secularism
- Parliamentary form of government
- Universal Adult Franchise
- Single Indian citizenship
- Fundamental Rights
- Directive Principles of State Policy
- Fundamental Duties
- Independence of the Judiciary
- Republicanism
The Indian Constitution establishes a British Parliamentary System of Government, instead of an American Presidential System.
The Indian Constitution is the fundamental law of the country, laying down the objectives and functions of the state, and the rights and duties of citizens. It is the supreme law of the land and the Republic of India.
The Constituent Assembly took 2 years, 11 months, and 18 days to draft the Indian Constitution. The first meeting of the Constituent Assembly was held on 26 November 1946, and the final session was on 24 January 1950.
