Simone Lawson
The Indian Constitution, which came into effect on 26 January 1950, is a vast and complex document that outlines the country's fundamental principles, rights, and laws. It has been amended numerous times since its inception, and its interpretation and application continue to be the subject of debate and discussion. With such a rich and evolving history, it is no surprise that there are many misconceptions and misunderstandings about the Indian Constitution. So, let's delve into the topic 'Which of the following is not true about the Indian Constitution?' and explore the statements that are often misconstrued or misinterpreted.
| Characteristics | Values |
|---|---|
| Date the Indian Constitution came into effect | 26 January 1950 |
| Voting age | Reduced from 21 years to 18 years |
| Universal adult franchise | Allowed all Indians above the age of 21 to vote in state and national elections, regardless of gender, class or education |
| Equality before the law | Guaranteed to all citizens, regardless of caste or religious affiliation |
| Special privileges | Offered to the poorest and most disadvantaged Indians |
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What You'll Learn
Voting age
The Right to Vote is a constitutional right in India. The voting age in India is 18 years and above. The Parliament of India lowered the voting age from 21 to 18 through the 61st Constitutional Amendment Act of 1988. The bill was introduced in the Lok Sabha on 13 December 1988 and was passed on 15 December after adopting a formal amendment. The Rajya Sabha debated the bill on 16, 19 and 20 December 1988 and passed it on 20 December 1988. The bill, after ratification by the States, received assent from then President Ramaswamy Venkataraman on 28 March 1989. It was notified in The Gazette of India and came into force on the same date. The Act was passed in accordance with the provisions of Article 368 of the Constitution and was ratified by more than half of the State Legislatures, as required under Clause (2) of the said article. The Sixty-first Amendment of the Constitution of India, officially known as The Constitution (Sixty-first Amendment) Act, 1988, lowered the voting age of elections to the Lok Sabha and to the Legislative Assemblies of States from 21 years to 18 years. This was done by amending Article 326 of the Constitution, which concerns elections to the Lok Sabha and the Assemblies.
Article 326 of the Indian Constitution originally allowed only those who were above the age of 24 to vote. The article was amended through the 61st Constitutional Amendment Act, resulting in a reduction of the voting age to 18. The full text of Article 326 of the Constitution, after the 61st Amendment, is:
> The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than eighteen years of age...shall be entitled to be registered as a voter at any such election.
The Indian constitution adopts the Universal Adult Franchise as a basis of elections to the Lok Sabha and State legislative assemblies. Every citizen who is 18 years of age or older has the right to vote without any discrimination based on caste, race, religion, sex, or literacy.
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Universal adult franchise
The Indian Constitution, which came into effect on January 26, 1950, adopted a universal adult franchise. This was a significant break from colonial practices, as the principle of universal adult suffrage was denied to Indian citizens under British rule. The Government of India Acts of 1919 and 1935 restricted voting rights to those who met certain criteria, such as income, education, and property ownership. The Indian freedom movement played a crucial role in demanding universal suffrage.
Article 326 of the Indian Constitution, introduced in the first Indian general election in 1951–52, established universal adult suffrage as the foundation for elections to the Lok Sabha and stated legislative assemblies. It declares that elections to the House of the People and the Legislative Assembly of every state shall be based on adult suffrage, allowing all adult citizens above the age of 18 to vote, regardless of their gender, class, or education.
The implementation of universal adult franchise in India was a critical decision that helped shape the country's democracy. It ensures that all citizens have an equal right to vote and participate in the governance of the state, promoting equality and eliminating discrimination. The concept of universal adult franchise was first presented in the Motilal Nehru report in 1928, and it was approved by the Indian National Congress in a resolution on Fundamental Rights and Economic Policy in Karachi in 1931.
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Equality before the law
The Indian Constitution, which came into effect on 26 January 1950, guarantees equality before the law to all citizens, regardless of caste or religious affiliation. This is known as the "Right to Equality" and is enshrined in Article 14 of the Constitution.
Article 14 establishes equality before the law and equal protection of the law for all, ensuring that all citizens and non-citizens of India are treated equally, regardless of factors such as gender, economic background, caste, or religion. The article prevents discrimination on various grounds, including public employment, and seeks to abolish untouchability and casteism. It also protects human rights, including the right to life, liberty, freedom from torture and slavery, freedom of expression, and freedom of opinion.
The "Right to Equality" was included in the Constitution to ensure that all individuals, regardless of their background or status, are entitled to equal rights and protection under the law. This concept is derived from the British idea of 'equality before the law', which states that all people are equal before the law, and the US Constitution's 14th Amendment, which guarantees equal protection of the laws for all US residents.
The Indian Constitution goes beyond just guaranteeing equality before the law; it also establishes a system of non-discrimination based on the grounds mentioned in Article 15. This means that no person shall be subjected to harsh, uncivilized, or discriminatory treatment, even in the name of law and order. The courts have interpreted this to mean that similarly circumstanced persons should be treated similarly, both in privileges conferred and liabilities imposed.
The Indian Supreme Court has held that the Rule of Law embodied in Article 14 is a basic feature of the Indian Constitution and, therefore, cannot be destroyed or amended. This ensures that the principle of equality before the law is firmly entrenched in the country's legal framework.
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Special privileges for the disadvantaged
The Indian Constitution, which came into effect on 26 January 1950, offers special privileges to the poorest and most disadvantaged Indians. It also guarantees equality before the law to all citizens, regardless of their caste or religious affiliation.
One of the key features of the Indian Constitution is its provision of universal adult franchise, allowing all Indians above the age of 21, regardless of their gender, class, or education, to vote in state and national elections. This was later amended to allow citizens of 18 years and above to vote.
The Constitution also grants all citizens the right to be free from discrimination based on religion, race, caste, sex, or place of birth. This includes the right to equality of opportunity in public employment and the right to freedom of speech and expression, assembly, association, movement, residence, and profession. These rights are not extended to non-citizens.
In addition, the Indian Constitution provides for parliamentary privileges, which are considered special provisions for members of parliament and state legislatures. These privileges are outlined in Articles 105 and 194 and are designed to ensure the effective functioning of these bodies. For example, Article 105 grants members of parliament freedom of speech, while Article 194 takes precedence over Article 19(1)(a) in conflicts, as the latter is a general provision.
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President of India
The President of India is the head of state of the Republic of India and the first citizen of the country. The current president is Droupadi Murmu, who was sworn in as the 15th President on 25 July 2022. The office of the president was created when India became a republic on 26 January 1950 when its constitution came into force. The president is indirectly elected by an electoral college comprising both houses of the Parliament of India and the legislative assemblies of each of India's states and territories. The president is bound by the constitution to act on the advice of the council and to enforce the decrees passed by the Supreme Court under Article 142.
The primary duty of the president is to preserve, protect and defend the constitution and the law of India per Article 60. The president is also the supreme commander of the Indian Armed Forces and has the power to appoint the chief justice of India and other judges on the advice of the chief justice. The president may dismiss a judge with a two-thirds vote of the two Houses of Parliament. The Indian government's chief legal adviser, the attorney general for India, is appointed by the president, who also has the power to ask for the advisory opinion of the Supreme Court per Article 143.
The president is the foremost, most empowered, and prompt defender of the constitution (Article 60). The president's assent is required for any action taken by the executive or legislature entities of the constitution to become law (Article 60). The president shall not accept any actions of the executive or legislature that are unconstitutional. When either of the two Houses of Parliament is not in session, and if the government feels the need for immediate action, the president can promulgate ordinances that have the same force and effect as an act passed by Parliament under its legislative powers.
The president can withhold their assent to a bill when it is initially presented to them, thereby exercising a pocket veto on the advice of the prime minister or the council of ministers per Article 74 if it is inconsistent with the constitution. The president shall assent to constitutional amendment bills without the power to withhold the bills per Article 368 (2). The president also has the power to consult the Supreme Court about the constitutional validity of an issue (Article 143).
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Frequently asked questions
The following statements are true about the Indian Constitution when it was first drafted and came into effect on 26 January 1950:
Yes, this is true.
Yes, this is true.
Yes, this is true.
