Indian Constitution: Key Features

• The Constitution of India is the supreme law, which provides the framework defining fundamental political principles.
• The Constitution establishes the structure, procedures, powers, and duties of government institutions.
• It sets out fundamental rights, directive principles, and the duties of citizens.
• It is the longest written national constitution in the world

Key Features of the Indian Constitution

• The Constitution was framed by the Constituent Assembly and adopted on November 26, 1949, becoming effective on January 26, 1950.
• India is a Sovereign, Socialist, Secular, Democratic, Republic, as declared in the Preamble.
• India has its own independent authority and is not under the control of any other state
• The term "Socialist" was added in 1976 by the 42nd Amendment, indicating a commitment to economic and social equality.
• The term "Secular" was added in 1976, it signifies that the state does not endorse any particular religion.
• In a democratic nation the government is elected by the people.
• In the Indian Republic the head of the state is an elected President, not a hereditary monarch.
• India adopted a parliamentary form of government where the executive is responsible to the legislature.
• Fundamental Rights are enshrined in Part III, including the rights to equality, freedom, life and personal liberty, freedom of religion, cultural and educational rights, and constitutional remedies.
• Directive Principles of State Policy (DPSPs) are found in Part IV, as guidelines to the state for framing laws and policies to promote social and economic justice.
• Fundamental Duties were added in 1976 by the 42nd Amendment, these are the duties of citizens to the nation.

Constitutional Amendments

• The Constitution can be amended, allowing it to evolve over time.
• Amendments require a special majority in Parliament which means a majority of the total membership of each house and a majority of not less than two-thirds of the members of that house present and voting.
• Some amendments affecting the federal structure also require ratification by state legislatures.
• Significant Amendments include:
• The 42nd Amendment (1976) which made numerous changes.
• The 73rd and 74th Amendments (1992) which provided constitutional status to Panchayati Raj Institutions (PRIs) and urban local bodies (ULBs).

Panchayati Raj Institutions (PRIs)

• Panchayati Raj refers to the system of local self-government in rural India.
• The 73rd Amendment Act, 1992, added Part IX to the Constitution, titled "The Panchayats".
• Article 243G deals with Powers, authority and responsibilities of Panchayats.
• This amendment provided constitutional status to PRIs, making it obligatory for states to establish them.
• Key Features of the 73rd Amendment:
• Provides for a three-tier structure of panchayats at the village, intermediate, and district levels.
• Mandates regular elections to panchayats every five years.
• Provides for reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population.
• Provides for at least one-third reservation for women.
• Requires the establishment of a State Finance Commission to recommend principles for the distribution of financial resources to the panchayats.
• Requires the establishment of a State Election Commission to conduct elections to the panchayats.
• Structure of PRIs:
• Gram Panchayat exists at the village level.
• Panchayat Samiti exists at the intermediate level (block/taluk/mandal).
• Zilla Parishad exists at the district level.
• Functions of PRIs include local planning, implementation of rural development programs, and management of local resources.

Urban Local Bodies (ULBs)

• Urban Local Bodies are local self-governing institutions in urban areas.
• The 74th Amendment Act, 1992, added Part IXA to the Constitution, titled "The Municipalities".
• This amendment provided constitutional status to ULBs, making it obligatory for states to establish them.
• Key Features of the 74th Amendment:
• Includes three types of ULBs: Nagar Panchayat (for areas transitioning from rural to urban), Municipal Council (for smaller urban areas), and Municipal Corporation (for larger urban areas).
• Mandates regular elections to ULBs every five years.
• Provides for reservation of seats for SCs and STs in proportion to their population, and at least one-third reservation for women.
• Requires the establishment of a State Finance Commission to recommend principles for the distribution of financial resources to the ULBs.
• Requires the establishment of a State Election Commission to conduct elections to the ULBs.
• Provides for the constitution of a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the district, as well as to prepare a draft development plan for the district as a whole.
• Provides for the constitution of a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.
• Structure of ULBs:
• Nagar Panchayat is for areas transitioning from rural to urban.
• Municipal Council is for smaller urban areas.
• Municipal Corporation is for larger urban areas.
• Functions of ULBs include urban planning, regulation of land use, provision of basic services like water supply, sanitation, and waste management.

Significance of 73rd and 74th Amendments

• These amendments promote democratic decentralization by empowering local governments to make decisions and implement programs at the grassroots level.
• They strengthen local governance by providing constitutional status and ensuring regular elections.
• These devolve functions and finances to local bodies.
• They enhance citizen participation in governance through Gram Sabhas (in rural areas) and Ward Committees (in urban areas).
• The reservation of seats for women in PRIs and ULBs has led to increased participation of women in local governance.
• The reservation of seats for SCs and STs ensures their representation and participation in local governance.

Challenges and Issues

• Many states have not fully devolved functions and finances to PRIs and ULBs, hindering their effectiveness.
• Local bodies often lack the capacity and resources to effectively perform their functions.
• Corruption and inefficiency can undermine the performance of local bodies.
• Social inequalities and discrimination can limit the participation of marginalized groups in local governance.
• Overlapping jurisdictions and lack of coordination between different levels of government can create confusion and inefficiency.

Recent Developments and Reforms

• The use of technology and e-governance initiatives are there to improve the transparency and efficiency of local bodies.
• Programmes exist to build the capacity of elected representatives and officials of local bodies.
• Measures are being taken to strengthen the financial resources of local bodies, including increased tax collection and devolution of funds from higher levels of government.
• Social audits exist to promote transparency and accountability in the functioning of local bodies.
• Efforts are being made to integrate SDGs into local planning and development processes.