Malcolm Rivera
India is the world's largest democracy, with 1.4 billion people. However, democratic institutions, norms, and practices have been under threat since Prime Minister Narendra Modi rose to power in 2014. India's constitution is the supreme law of the land and is the world's longest. It sets out the country's political ideals, procedures, and powers and is essential for protecting the interests of society and prohibiting the misuse of power by leaders.
| Characteristics | Values |
|---|---|
| Basis for the government’s political ideals, procedures, and powers | Sets the basis for the government to be sovereign, socialist, secular, democratic, and republican |
| Provides a framework for citizens' rights, duties, and responsibilities | Guarantees citizens' liberty, fraternity, justice, and equality |
| Provides laws to protect the interests of society | Protects citizens' fundamental rights for their social, economic, and political welfare |
| Provides laws to protect the interests of minorities | Ensures no discrimination based on religion, caste, or gender |
| Provides laws to prohibit leaders' use of power | Provides a framework for leaders' decision-making |
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What You'll Learn
- India's constitution is the backbone of its legal system
- It sets out the rights, duties, and responsibilities of its citizens
- It provides a framework for peaceful coexistence between people of different religions and communities
- It ensures there is no discrimination based on religion, caste, or gender
- It establishes the political system and its guidelines
India's constitution is the backbone of its legal system
India's Constitution is the cornerstone of its legal system, providing the framework for the country's laws and governance. It is the supreme legal document and the longest written national constitution in the world. The Constitution establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary system of government.
The Constitution sets out the fundamental political code, structure, procedures, powers, and duties of government institutions, as well as the fundamental rights, directive principles, and duties of citizens. It is the source of legal authority, empowering Parliament and the Legislatures of States and Union Territories to enact statutes. The Constitution also establishes a federal system of governance, with a separation of powers between the legislative, executive, and judicial organs of government.
The Indian Constitution ensures that the country is committed to the rule of law. It provides for a single integrated system of courts to administer both Union and State laws. At the top of this judicial system is the Supreme Court of India, followed by the High Courts, and then the District Courts. The Constitution grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate any legislation or government action that violates the Constitution.
The Seventh Schedule of the Constitution contains three lists: the Union List, the State List, and the Concurrent List. These lists outline the subjects on which Parliament and State Legislatures have the power to make laws. While the Indian Parliament has the authority to make laws on matters in the Union List, the State Legislatures have the same power for the State List. In the case of the Concurrent List, both the Union and States can legislate, but Parliament's laws take precedence in the event of a conflict.
The Constitution of India is a living document that can be amended, although its basic structure and framework are protected from modification. The Supreme Court has ruled that certain features of the Constitution are integral and cannot be removed. The Constitution is the backbone of India's legal system, providing a framework for the country's laws and ensuring the rights and freedoms of its citizens.
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It sets out the rights, duties, and responsibilities of its citizens
The Indian Constitution, the longest written constitution of any country, is the supreme law of the land. It sets out the rights, duties, and responsibilities of its citizens, and the structure, framework, powers, and duties of government institutions.
The Constitution of India guarantees a set of fundamental rights to its citizens and imposes certain duties and responsibilities upon them. These fundamental rights and duties form the bedrock of Indian democracy, ensuring a balance between individual freedoms and societal responsibilities. Understanding the historical evolution of these rights and duties is crucial to appreciate their current interpretation and application in India’s diverse and dynamic society.
There are six fundamental rights guaranteed by the Indian Constitution, including the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies. These rights are essential for the development of the personality of every individual and protect their dignity.
The right to equality states that the state shall not deny any person equality before the law or equal protection of the laws within the territory of India. The right to life and personal liberty states that no citizen can be denied their life and liberty except by due process of law, meaning that a person's life and liberty can only be disputed if that person has committed a crime. Cultural and educational rights state that any minority group in India has the right to conserve their distinct language, script, or culture and to establish and administer educational institutions of their choice. The right to freedom is given in Articles 29 and 30 of the Indian Constitution, which protect the interests of minorities and their right to establish and administer educational institutions.
The Indian Constitution also imposes certain duties and responsibilities upon its citizens, which are essential for the well-being and progress of society as a whole. The Fundamental Duties were added to the Constitution by the 42nd Amendment Act in 1976. There are 11 fundamental duties, including the duty to abide by the Constitution and respect its ideals and institutions, the National Flag, and the National Anthem; to cherish and follow the noble ideals that inspired the national struggle for freedom, such as non-violence, equality, and justice; to uphold and protect the unity, sovereignty, and integrity of the Indian nation; and to defend the country and render national service when called upon. These duties serve as a reminder of the citizen’s role in nation-building and maintaining social harmony.
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It provides a framework for peaceful coexistence between people of different religions and communities
India is a diverse country, with a range of religions and communities. While the two largest religious groups, Hindus and Muslims, have lived peacefully side by side for centuries, there is also a history of civil unrest and violence between the two communities. In addition, members of SC/ST/OBC groups have traditionally formed the lower social and economic rungs of Indian society and have faced discrimination and unequal economic opportunities.
The Indian Constitution provides a framework for peaceful coexistence between people of different religions and communities by guaranteeing religious freedom and prohibiting discrimination based on religion, race, caste, sex, descent, place of birth, residence, or any other grounds. Article 25 of the Constitution, also known as Draft Article 19, gives Indians the individual right to religious freedom, subject to some restrictions. It states that all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion, as long as it does not affect public order, morality, and health. The right to propagate religion was expected to lead to public awareness about different religions and promote communal understanding and peace.
The Constitution also prohibits caste-based discrimination, including the practice of untouchability, which has historically ostracized Dalits and other lower-caste communities. In recent decades, the government has enacted economic advancement policies, such as reserved seats in universities and government jobs for Dalits, Scheduled Tribes, and OBC communities, to address these inequalities.
Furthermore, the Constitution addresses the prohibition of trafficking in human beings and forced labor, recognizing the inherent dignity and rights of individuals and ensuring protection against such practices. It also includes provisions for the reservation of services under the State in favor of the backward class of citizens, which includes Schedule Castes and Scheduled Tribes.
Overall, the Indian Constitution provides a strong framework for promoting peaceful coexistence between people of different religions and communities, ensuring that all citizens are treated equally and have the freedom to practice their religion without discrimination or restriction.
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It ensures there is no discrimination based on religion, caste, or gender
India is a democratic country with its own constitution, which is necessary for effective and efficient public administration. The constitution ensures that there is no discrimination based on religion, caste, or gender, among other things.
Article 15 of the Indian Constitution, titled "Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth," explicitly states that the state shall not discriminate against any citizen on these grounds. It guarantees that no citizen shall be subject to any disability, liability, restriction, or condition on the basis of religion, caste, or gender in accessing public spaces and services, such as shops, restaurants, hotels, roads, and other public amenities.
The article also ensures that the state can make special provisions for vulnerable groups without discriminating against them. For example, it allows for special provisions for women and children, as well as for the advancement of socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes. This ensures that these groups receive the support and opportunities they need without facing discrimination.
The constitution's protection against discrimination based on religion, caste, or gender is essential for maintaining equality and social harmony in India's diverse society. It promotes respect and unity among citizens, regardless of their background or identity. By prohibiting discrimination in access to public spaces and services, the constitution ensures that all citizens have equal opportunities to participate in and contribute to society.
Additionally, the constitution serves as a legal framework to address and rectify discriminatory practices. Citizens can refer to the constitution to challenge instances of discrimination and hold the state accountable for ensuring equal treatment for all. This empowers individuals to stand against discrimination and promotes a culture of inclusivity and respect for diversity.
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It establishes the political system and its guidelines
India's constitution is the supreme law of the land and is the world's longest. It establishes the fundamental political code, structure, and responsibilities of government institutions. The constitution sets out the country's political system and its guidelines, providing the framework for the government's political ideals, procedures, and powers.
The constitution is the backbone of India's legal system, providing laws to protect the interests of society, including its citizens and leaders. It includes norms for leaders' decision-making, simplifying the process for them by providing a defined framework of law. This defined framework prohibits leaders' abuse of power and ensures that there is no discrimination based on religion, caste, or gender.
The constitution also guarantees the fundamental rights of citizens for their social, economic, and political welfare. It describes a set of rules by which people of different religions and communities can coexist peacefully. It establishes the expected behaviour of citizens, providing laws to protect the interests of minorities and to prevent majority domination.
The constitution of India has been amended many times and is adaptive to change. It is unique in spirit and content, though it shares many features with other constitutions worldwide.
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Frequently asked questions
A constitution is a set of rules and regulations that govern a country’s government and is the backbone of the legal system. The Indian Constitution is India’s supreme law and it sets the basis for the government’s political ideals, procedures, and powers.
The Indian Constitution provides a framework for the rights, duties, and responsibilities of its citizens, and it includes directive principles.
The objectives of the Indian Constitution are to provide justice, liberty, equality, and fraternity.
The Indian Constitution is unique in spirit and content. It is also the world’s longest Constitution.
The Indian Constitution has seen significant changes through various amendments over the years, demonstrating its adaptability.
