Jonah Patel
The Indian Constitution is the supreme legal document of India and the world's longest written national constitution for a sovereign nation. It lays out the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out citizens' rights, principles, and duties. The constitution was adopted by the Constituent Assembly on November 26, 1949, and came into force on January 26, 1950, marking India's transition from a dominion of the British Crown to a sovereign, democratic republic. The constitution safeguards the rights of civil servants and ensures free and fair elections through the Election Commission of India.
| Characteristics | Values |
|---|---|
| Legal Status | The Constitution of India is the supreme legal document of India and the longest written national constitution in the world. |
| Framework | The Constitution lays down the framework that demarcates the fundamental political code, structure, procedures, powers, and duties of government institutions. |
| Rights and Duties | The Constitution sets out fundamental rights, directive principles, and the duties of citizens. |
| Supremacy | The Constitution espouses constitutional supremacy, not parliamentary supremacy, as it was created by a constituent assembly rather than Parliament. |
| Amending Powers | The Indian Constitution does not contain a provision to limit the powers of Parliament to amend it. |
| Electoral Process | The Election Commission of India is an autonomous constitutional authority responsible for administering election processes in India. |
| Electoral Eligibility | Article 325 states that no person shall be ineligible for inclusion in the electoral roll on the grounds of religion, race, caste, sex, or any one of these. |
| Electoral Basis | Article 326 provides that elections to the House of the People and the Legislative Assembly of every State shall be on the basis of adult suffrage. |
| Civil Servants | Articles 309, 310, and 311 provide constitutional safeguards to civil servants, protecting their interests while maintaining overall accountability to the elected government. |
| Tribal Cultures | The Constitution provides safeguards and provisions for tribal cultures in India, including the Scheduled Castes and Scheduled Tribes. |
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What You'll Learn
The Election Commission of India
The ECI is headed by a Chief Election Commissioner and consists of two other Election Commissioners as members. The appointment and term of the Election Commissioners are prescribed in the Chief Election Commissioner and Other Election Commissioners Act, 2023. The Act outlines that an Election Commissioner is appointed by the President of India on the recommendation of a selection committee. This committee is headed by the Prime Minister of India and includes the leader of the opposition in Lok Sabha and a member of the Union Council of Ministers, nominated by the Prime Minister.
The ECI is responsible for administering election processes in India, including elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, and the offices of the President and Vice President. It decides the dates for the filing of nominations, voting, counting, and announcement of results. The ECI also issues a Model Code of Conduct for political parties and candidates to ensure free and fair elections. This Code of Conduct was first issued in 1971 and has been revised periodically.
The ECI scrutinizes and accepts applications of candidates willing to contest the elections. It can disqualify a candidate from contesting if incorrect or incomplete information is provided in the affidavits. The commission also sets limits on poll-related expenditure by candidates during election campaigns and appoints officers of the Indian Revenue Service as election observers.
To improve accessibility and efficiency, the ECI operates various electronic media, including websites and mobile applications. These platforms enable functions such as addressing grievances, checking electoral rolls, disseminating information on candidates, and monitoring assigned tasks. The ECI also introduced Electronic Voting Machines (EVMs) to reduce malpractices and improve efficiency. Voting in India is done primarily through EVMs, with provisions for postal voting and special arrangements for people with disabilities.
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Civil servants' independence from political influence
The Indian civil service has been criticised for its inefficiency and corruption, with calls for its abolition or radical reform. Political interference and outdated procedures have been cited as reasons for the civil service's shortcomings. Despite this, civil servants in India are protected from politically-motivated actions by Article 311 of the Constitution. The Supreme Court of India has also ordered that civil servants be given fixed tenures to ensure their independence.
The World Bank found that civil servants have led almost every case of reform where they were empowered by political leadership. This was achieved largely in the best traditions of neutrality and without fear or favour. The District Collector institution has also endured as one of the country's most trusted institutions.
However, there is a concern that civil servants are influenced by the government's agenda and may pursue this at the expense of their regulatory duties. This is particularly true when civil servants are appointed to regulatory bodies just before or after their retirement from the civil service. This can blur the line between the government's role in policy-making and the civil service's role in policy implementation.
To preserve the integrity and independence of regulators, rules have been put in place to prevent conflicts of interest. For example, a regulator would usually not be considered for another government job after completing their term.
There have been attempts to reform the civil service, such as through lateral entry at the joint secretary level, to disrupt the 'bureaucratic status quoist monoculture' and inject a different management style. However, these experiments have led to some controversies. Overall, while there are measures in place to safeguard civil servants' independence from political influence, there are concerns that the civil service is not meeting the aspirations of modern India.
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Fundamental rights, directive principles, and duties of citizens
The Indian Constitution was formulated incrementally, offering a functional framework that encompasses the rights, authorities, practices, processes, and obligations of the government. It also lays forth fundamental rights, directive principles, and duties that citizens are required to uphold.
Fundamental Rights
The Fundamental Rights in India, enshrined in Part III (Article 12–35) of the Constitution, guarantee civil liberties so that all Indian citizens can lead their lives in peace and harmony. These rights are known as "fundamental" as they are the most essential for all-round development, i.e., material, intellectual, moral, and spiritual, and are protected by the fundamental law of the land. The rights guaranteed 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, and freedom to practice religion. These rights are enforceable by the courts and violations result in punishments prescribed in the Bharatiya Nyaya Sanhita, subject to the discretion of the judiciary.
Directive Principles
The Directive Principles of State Policy direct the Indian State to ensure that the economic system does not result in the concentration of wealth and means of production to the common detriment. Some of the important directives include providing free and compulsory education for all children up to the age of 14, promoting the education and economic interests of scheduled castes, scheduled tribes, and other weaker sections, and safeguarding the country's forests and wildlife.
Duties of Citizens
Fundamental Duties are essential for building a responsible and harmonious society. They guide citizens in their moral and civic obligations, fostering a collective ethos that is vital for the sustained progress and well-being of the nation. These duties include upholding the sovereignty and integrity of the country, promoting environmental conservation, and developing a scientific temper and a spirit of inquiry.
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The Supreme Court
To be appointed as a Judge of the Supreme Court, a person must be an Indian citizen and must have been a Judge of a High Court for at least five years, an Advocate of a High Court for at least ten years, or a distinguished jurist in the opinion of the President. A Supreme Court Judge cannot be removed from office except by an order of the President passed after an address in each House of Parliament, supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting.
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The President
In their legislative role, the President can summon and prorogue sessions of Parliament, issue ordinances, and give assent to bills. They also play a role in the financial aspects of governance, including introducing money bills, presenting the Annual Financial Statement, and making advances from the Contingency Fund of India for unforeseen expenditures. The President constitutes a Finance Commission every five years to recommend the distribution of revenues between the Centre and the States.
As the Commander-in-Chief of the Indian Armed Forces, the President is responsible for national defence and emergency decisions to protect the Constitution and the nation's stability. The President represents India at home and abroad, receiving foreign diplomats and dignitaries. The President is indirectly elected by an electoral college comprising both houses of Parliament and the legislative assemblies of each of India's states and territories, who are directly elected by the citizens. The President's term in office is limited to five years, and they can be impeached by Parliament for violating the Constitution.
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Frequently asked questions
The Constitution of India 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 Constitution was drawn from previous legislation such as the Government of India Acts 1858, 1861, 1892, 1919 and 1935, and the Indian Independence Act 1947. It was drafted by the 389-member Constituent Assembly, which was elected by the members of the provincial assemblies. Sir B. N. Rau, a civil servant, was appointed as the assembly's constitutional advisor and prepared its initial draft in February 1948.
The Constitution of India became the law of the land on 26 January 1950.
The Constitution provides safeguards to civil servants to protect their interests and ensure their independence from political influence. Articles 309, 310, and 311 outline these safeguards, which include the Doctrine of Pleasure, allowing civil servants to serve at the pleasure of the President or Governor, and procedural restrictions on the government's power to dismiss or remove civil servants.
