Indian Constitution Overview

Indian Constitution: A Framework for Governance

• The Indian Constitution is the supreme legal document guiding India's administration.
• Originally, it comprised 395 articles, 22 parts, and 8 schedules.
• As of 2023, it has been amended to include 470 articles, 12 schedules, and 25 parts.
• The Preamble outlines the fundamental principles of the Indian republic:
  • Sovereign: Independent and self-governing.
  • Socialist: Striving for social and economic equality.
  • Secular: Not favoring any religion.
  • Democratic: Power vested in the people through elections.
  • Republic: Head of state is an elected president.
• The Preamble guarantees citizens:
  • Justice: Social, economic, and political.
  • Liberty: Freedom of thought, expression, belief, faith, and worship.
  • Equality: Equal status and opportunities.
  • Fraternity: Assuring individual dignity and national unity.

Salient Features of the Indian Constitution

• Lengthiest Constitution: India's constitution is the most extensive written constitution in the world.
• Parliamentary System: The Indian government follows a parliamentary system, similar to the British model, with a prime minister and a cabinet responsible to the parliament.
• Blend of Rigidity and Flexibility: The constitution allows for amendments through a special procedure, making it partially rigid, but also allows for flexibility to adapt to changing circumstances.
• Fundamental Rights: Part III of the constitution guarantees six fundamental rights to all citizens:
  • Equality: Right to equality before the law, equal protection of the law, prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
  • Freedom: Right to freedom of speech and expression, assembly, association, movement, residence, profession, trade, and business.
  • Exploitation: Right against exploitation, including prohibition of forced labor, human trafficking, and child labor.
  • Religion: Right to freedom of conscience and religion, including freedom to practice, profess, and propagate religion, and the right to manage religious affairs.
  • Cultural and Educational: Right to conserve and protect distinct languages, scripts, and cultures; right to establish and administer educational institutions.
  • Constitutional Remedies: Right to approach the Supreme Court for enforcement of fundamental rights.

Directive Principles of State Policy (DPSP)

• Part IV of the Indian Constitution outlines the Directive Principles of State Policy.
• These principles serve as guidelines for the government to craft policies and laws to promote a just and equitable society.
• They are non-justiciable, meaning not directly enforceable in court but serve as moral and ethical directives.
• Key features:
  • Social and economic justice: The DPSP aims to create conditions for all individuals to lead a good life.
  • Inspired by Ireland and Gandhian principles: Several principles are based on the Irish constitution and Gandhi's philosophy.
• DPSP classified into three categories:
  • Gandhian Principles: Promotion of village panchayats, prohibition of cow slaughter, promotion of cottage industries, and welfare of weaker sections.
  • Liberal Principles: Provision of free and compulsory education, establishment of a uniform civil code, environmental protection, international peace and security, and separation of judiciary from administration.
  • Socialist Principles: Ensuring living wages, promoting the welfare of the people, providing equal opportunities, and access to justice for all.

Fundamental Duties

• Added to the constitution through the 42nd Amendment Act, 1976.
• Enumerate duties of citizens towards the nation, such as promoting harmony, respecting national symbols, and safeguarding public property.
• Fundamental duties are not legally enforceable but emphasize a citizen's social responsibility.

Writs: Tools for Protecting Fundamental Rights

• Writs are legal remedies issued by the courts for enforcing fundamental rights.
• Habeas Corpus: A writ issued to secure the release of a person unlawfully detained.
• Mandamus: A writ to compel a public official to perform a mandatory duty.
• Prohibition: A writ to prevent a lower court from exceeding its jurisdiction.
• Certiorari: A writ to quash a decision or order made by a lower court that lacked jurisdiction.
• Quo Warranto: A writ to inquire into the legality of a person's claim to a public office.