Constitution of India is a written statement of the fundamental values or established points of reference that form the legal foundation of a nation, organization, or another type of entity and generally specify how that entity is to be governed.
Most constitutions aim to manage the connection between establishments of the state, specifically the relationship between the Executive, or leaders, the Legislature-lawmaking body, and the Judiciary. One of the most comprehensive and influential constitutions in the world is the Constitution of India, which serves as a symbol of the nation's dedication to equality, liberty, justice, and fraternity.
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Constitution of India
What is the Constitution of India?
The Constitution of India is a remarkable document that serves as the supreme law of India. Indian Constitution might be supposed to be an acquired constitution, but the credit of its composer lies in getting together the best elements of every one of the current constitutions. The original constitution has been changed over the period by various amendments which have been brought like the 7th, 42nd, 44th, and 74th Amendments.
Constitution of IndiaThe Constitution of India
India's Constitution, adopted on November 26, 1949, is a testament to the nation's aspirations for a democratic, secular, and independent republic. It embodies the collective vision of the Indian people for a just and equitable society where fundamental rights are upheld, diversity is respected, and citizens can participate in the democratic process.
Important Amendments of the Constitution of India
The Indian Constitution is not a rigid document but is amended by the Parliament of India by various rules and have made various changes in the Constitution of India. Some important amendments of Indian Constitution are as follows:
- 42nd Amendment
- 44th Amendment
42nd Amendment is also known as "Mini Constitution" as several changes are made in the constitution and was during Emergency in 1976. In the year 1973, Supreme Court had ruled in Kesavananda Bharati case where the constituent power of Parliament was under Article 368, which does not empower it for alteration of the basic structure of constitution.
Constitution of India - Preamble
The first constitution to start with preamble was the American constitution and the Indian constitution also starts with one. Preamble refers to the introduction or the preface of the constitution and also sums up the essence of constitution. N A Palkhivala has referred to the Preamble as "Identity card of Constitution". The Preamble is based on Pandit Nehru's Objective Resolution which he moved and was also adopted by Constituent Assembly. The Preamble came to be amended in 1976 by 42nd Amendment, which added "socialist", "secular" and "integrity" to it.
Ingredients of the Preamble
The 4 components of Preamble are as follows:
- Source of authority of the Constitution
- Nature of the Indian State
- Objectives of the Constitution
- Constitution date of adoption: 26th November 1949
Why Constitution of India is called Bag of Borrowing?
The Constitution has many borrowed features. The country's founding fathers were wise enough to be borrowed with good features from different nations and could mould a constitution that suits India. The influences from other constitutions are listed below:
Constitution | Borrowed Features |
|---|
British | - Parliamentary system
- Lower House of Parliament is more powerful than Upper House
- Constitutional Head of State
- Prevalence of the rule of law
|
|---|
US | - Fundamental Rights
- Preamble
- Functions of Vice- President
- Amendment of Constitution
- Independence of the Judiciary
- Nature and functions of Supreme Court
|
|---|
Australian | - Procedure for solving deadlock over concurrent subjects exist between Centre and States.
- List of concurrent powers.
|
|---|
Irish | - Directive Principles of State Policy
- Method of nomination of members for Rajya Sabha
|
|---|
Weimar Constitution of Germany | Powers of the President |
|---|
Canadian | - Provisions of a strong nation
- Name of Union of India
- Vesting residuary powers
|
|---|
South African | - Election of members of Rajya Sabha was on basis of proportional representation by state legislatures.
- Procedure of amendment with 2-3rd majority in Parliament.
|
|---|
Features of the Constitution
Important features of the constitution are as follows:
- Collection of many Constitutions
- Integrate collected insight into various constitutions.
- Basic privileges like fundamental rights are displayed in the American Constitution.
- Embraced the parliamentary arrangement of government in the United Kingdom.
- Took the possibility of mandate standards of State strategy from the constitution of Eire.
- Added elaborate arrangements connecting with crises in the radiance of the constitution of the German Reich.
Nitty-gritty managerial arrangements included.
Quirk of the Issues to be Addressed
The tremendousness of the nation and the extraordinary idea of issues added to the heft of the Constitution. There is one section connected with the timetable position and Tribes other in reverse classes; one section connecting with true language and the other connecting with crisis arrangements. The parliament framework depends on the guidance of participation and coordination between the administrative and leaders while the official work depends on the regulation of the partition of abilities between the two organs.
More Flexible than Rigid
Parliament has been empowered with the right to change or alter a large number of the arrangements of constitutions by a basic majority; regulations such as enhancing the constitution; compromise of a constitution with parliamentary sovereignty.
Fundamental Rights
Basic freedom like fundamental rights while order standards are not enforceable in the courts the essential privileges can be in a split second maintained in the court. Social uniformity and equality are also ensured by the constitution, it is another significant component of the constitution that guarantees lawful and political equity and also social equality.
Universal Adult Franchise
Universal adult franchise also known as Universal Adult Suffrage, without Communal Portrayal: The reception of widespread grown-up testimonials with next to no capability of sex property tax collection is a strong trial in India, having respect to the immense degree of the nation and its populace with a mind-boggling ignorance. The testimonial in India, it ought to be noted, is more extensive than in England or the United States.
Parliamentary Form of Government
The Constitution of India has decided on the British Parliamentary System of Government as opposed to the American Presidential arrangement of government. The parliamentary framework depends on the guideline of participation and coordination between the administrative and leader organs while the official framework depends on the regulation of the partition of abilities between the two organs.
Importance of Constitution
Governance and Rule of Law
A constitution establishes the framework for governance and ensures that the government operates within defined limits and follows the rule of law. It provides a set of rules and principles that govern the functioning of the state, including the allocation of powers, responsibilities, and limitations of different branches of government.
Protection of Fundamental Rights
A constitution guarantees fundamental rights and freedoms to citizens, such as the right to equality, freedom of speech, religion, and the right to life and liberty. These rights are essential for the protection of individual dignity, promoting social justice, and ensuring that citizens are not subject to arbitrary actions by the state.
Separation of Powers
A constitution establishes the separation of powers between the legislative, executive, and judicial branches of government. This separation ensures a system of checks and balances, preventing the concentration of power in any one branch and safeguarding against potential abuses.
Democratic Governance
A constitution sets the framework for democratic governance by defining the electoral process, establishing the principle of universal suffrage, and ensuring free and fair elections. It provides the mechanisms for the formation and functioning of representative institutions, such as the parliament and state legislatures, enabling citizens to participate in the decision-making process.
Protection of Minority Rights
A constitution in a diverse country like India plays a crucial role in protecting the rights of minority communities and ensuring their representation and participation in the political process. It provides safeguards against discrimination, promotes social inclusion, and encourages the preservation of cultural, religious, and linguistic diversity.
Legal Framework
A constitution provides the legal framework for the functioning of the judicial system, including the establishment of courts, appointment of judges, and the administration of justice. It ensures access to justice, promotes the rule of law, and protects the rights of individuals through an independent and impartial judiciary.
Impact of the Constitution on Indian Society
The Constitution of India has deeply affected Indian society in many ways, influencing how things are socially, politically, and economically. We can see its impact by looking at its values and how it has made democracy and governing stronger.
Constitutional Values and Their Influence
The Constitution is not merely a legal document; it embodies a set of values that guide the nation and its citizens. These values include:
Equality: The Constitution promises the same rights and chances to everyone, no matter their gender, religion, caste, or social position. This rule has helped stop unfair treatments and encouraged fairness for everyone in society.
Justice: The Constitution ensures fairness in society, economy, and politics for everyone. It helps deal with past unfairness and supports actions that help disadvantaged groups.
Freedom: The Constitution promises basic freedoms like speaking freely, practicing any religion, gathering, and forming groups. These freedoms make people stronger and support active community involvement.
Secularism: The Constitution makes India a country where all religions are respected and allows people to follow any faith they choose. This has helped create peace among different religions and has added to the unity of the nation.
Democracy: The Constitution sets up a democratic government where powers are divided, courts can work independently, and elections are fair. This setup helps power change hands peacefully and encourages people to take part in politics.
Role in Strengthening Democracy and Governance
The Constitution has played a crucial role in building and sustaining Indian democracy. It has established a system of:
Separation of powers: The Constitution divides power among the legislature, executive, and judiciary, preventing the concentration of power and ensuring checks and balances.
Federalism: India is a federal state, with power shared between the central government and the states. This structure allows for regional autonomy and flexibility in addressing local issues.
Parliamentary democracy: The government is accountable to the legislature, which is elected by the people. This ensures that the government is responsive to the needs and aspirations of the citizens.
Independent judiciary: The judiciary is independent of the government and has the power to review the constitutionality of laws and government actions. This safeguards individual rights and ensures that the government acts within the bounds of the law.
Free and fair elections: The Constitution guarantees the right to vote and contest elections, providing a mechanism for peaceful transfer of power and ensuring that the government is representative of the people.
Conclusion
The Constitution of India represents the principles of a nation aiming for fairness, equality, and progress. It's more than just a set of rules; it's the foundation of India's democracy. By ensuring basic rights, supporting fairness, and creating a strong government system, the Constitution has been crucial in shaping India as a lively democracy.
Its strength lies in how it can adapt to new situations while keeping democracy's key values intact. The Constitution brings people together despite differences, making sure everyone's rights are protected and they have a fair say. Even in today's complex times, the Constitution guides India towards a fairer and more equal society.
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