Indian Constitution Overview

Introduction and Basic Information about Indian Constitution

• The Indian Constitution is the supreme law of India, the longest written constitution of any democratic nation.
• A constitution outlines a country's governance, governmental powers, and societal principles.
• Constitutionalism is a system where governmental authority is restricted by laws, safeguarding individual and group rights.

Historical Background of the Constituent Assembly

• The Constituent Assembly, formed in 1946 to draft India's constitution based on Cabinet Mission recommendations, consisted of 389 members representing British India and Princely States.
• Dr. Sachchidananda Sinha was the initial temporary chairman, succeeded by Dr. Rajendra Prasad on December 11, 1946.
• The Assembly functioned for nearly three years, drafting the constitution and becoming India's first parliament.
• The assembly comprised 299 members after the partition, meticulously discussing each clause.
• The Constitution was adopted on November 26, 1949, and enforced on January 26, 1950.
• November 26th is Constitution Day, and January 26th is Republic Day.
• Key functions of the Constituent Assembly included constitution drafting, lawmaking, flag adoption in 1947, election of India's first President (1950), and adoption of national anthem and song.
• The Assembly also adopted the National Flag on July 22, 1947, elected Dr. Rajendra Prasad as India's first President on January 24, 1950, and adopted the National Anthem and National Song both on January 24, 1950.

Government of India Act of 1935

• The Government of India Act of 1935, the British parliament's longest act, proposed an Indian Federation encompassing British provinces and Princely States.
• Key aspects included abolishing provincial dyarchy, implementing dyarchy at the center, British Parliament's continued supremacy, separation of Burma from India, and a proposed All-India Federation.
• The Act also included strong protections for minorities.
• The federation, however, failed to materialize due to Princely States' non-participation.

Indian Independence Act of 1947

• The Indian Independence Act established India and Pakistan as independent Dominions.
• The Act determined the allocation of British provinces based on majority religion.
• Princely States were permitted to choose their allegiance.
• India gained independence on August 15, 1947.
• Key features included the creation of India and Pakistan as separate domininions, the end of British authority over princely states, the freedom for each constituent assembly to create their own constitutions, a shift away from British control over newly independent nations.

Salient Features: Indian Constitution

• The Constitution is a lengthy, written document derived from diverse sources.
• It boasts single citizenship, flexibility in amendments, universal adult suffrage, and guarantees fundamental rights.

The Preamble of the Constitution

• The Preamble expresses the intent of the framers, highlighting core values and principles.
• It signifies sovereignty, socialist objectives through democratic means, secularism, democracy, and a republic form of government, with the power resting in the people.

Fundamental Rights

• Fundamental rights, guaranteed to all Indian citizens without discrimination, are constitutionally upheld.
• Six types of fundamental rights exist: Right to Equality (Articles 14-18), Right to Freedom (Articles 19-22), Right against Exploitation (Articles 23-24), Right to Freedom of Religion (Articles 25-28), Cultural and Educational Rights (Articles 29-30), and Right to Constitutional Remedies (Article 32).

Fundamental Duties

• Fundamental duties are responsibilities expected of Indian citizens toward society, the nation, and fellow citizens.
• Eleven fundamental duties are outlined in Article 51A.

Directive Principles of State Policy

• Directive Principles of State Policy are categorized into socialistic, Gandhian, and liberal-intellectual principles.
• These guidelines aim to establish equal opportunity and socio-economic justice, implement Gandhian ideals, and protect individual rights and liberties.

Parliamentary System in India

• India's parliamentary system mirrors the UK model, featuring a President (nominal head), and the Rajya Sabha and Lok Sabha (legislative bodies).
• The Prime Minister, appointed by the President, is the real executive head. Key features include a nominal and real executive head, the executive being integral to the legislative branch, majority party rule, importance of an opposing party.

Federal System

• The Indian federal system encompasses two levels of governance: center and states, with power division between layers.
• Key features include a written constitution, division of powers, and judicial oversight of the constitution's interpretation.

Centre-State Relations

• Centre-state relations in India govern how legislative, executive, and financial powers are shared, ensuring collaboration and national unity.
• The Indian Constitution structures legislative powers through the Union List (center), State List (states), and Concurrent List (both).
• Administrative and judicial aspects are unified.

Amendment of the Constitutional Powers and Procedure

• Article 368 empowers Parliament to amend the Constitution.
• Amendments require a two-thirds majority in both Houses and, when affecting federal provisions, half of the states must concur.
• Presidential approval is also required.

Emergency Provisions in Indian Constitution

• India's President can declare three types of emergencies:
• National Emergency (Article 352), triggered by national security threats.
• State Emergency (President's Rule; Article 356), imposed to address state failures to operate constitutionally.
• Financial Emergency (Article 360), a rarely invoked measure for maintaining financial stability.

Local Self Government

• Local self-governance in India is a tier of government acting in urban and rural communities via municipalities, municipal corporations, Zila Parishads, block samitis, and panchayats.

Explore the fundamentals of the Indian Constitution, including its significance and the historical context of the Constituent Assembly. Learn about the assembly's formation, key figures, and the drafting process of India's supreme legal document.