Indian Constitution Principles

Constitution of India

• Begins with a Preamble containing ideals, objectives, and basic principles
• Salient features evolved from objectives in the Preamble
• Features are adopted from major constitutions worldwide as per the country's needs

Major Features of the Constitution

Lengthiest Written Constitution

• Classified as written (like the American Constitution) or unwritten (like the British Constitution.)
• The lengthiest, most detailed constitutional document in the world.
• Comprehensive, elaborate, and detailed.
• Size is attributed to geographical factors like vastness and diversity.
• Single constitution for both the Centre and the states
• Contains fundamental principles of governance and detailed administrative provisions

Drawn from Various Sources

• Most provisions are borrowed from constitutions of other countries and the Government of India Act of 1935
• Dr. BR Ambedkar stated it was framed after 'ransacking all the known Constitutions of the world.'
• The structural part is largely derived from the Government of India Act of 1935
• The philosophical part (Fundamental Rights and the Directive Principles of State Policy) is inspired by the American and Irish Constitutions

Blend of Rigidity and Flexibility

• Classified as rigid or flexible.
• Rigid constitution requires a special amendment procedure, e.g., the American Constitution
• Flexible constitution can be amended like ordinary laws, e.g., the British Constitution
• A unique combination of rigidity and flexibility.
• Can be called rigid/flexible based on the amending procedure
• Provides for three types of amendments, ranging from simple to most difficult

Federal System with Unitary Bias

• Establishes a federal system of government.
• Contains federation features like two governments, division of powers, written constitution, the supremacy of the constitution, the rigidity of the Constitution, independent judiciary, and bicameralism.
• Contains unitary features; a strong Centre, a single Constitution, a state governor appointed by the Centre.
• During an emergency, the central government can override state powers.
• Article 1 describes India as a 'Union of States' with two implications.
• Indian Federation is not the result of an agreement by the states
• No state has the right to secede from the federation

Parliamentary Form of Government

• Has opted for the British Parliamentary System of Government
• Based on cooperation and coordination between the legislative and executive organs
• Establishes the parliamentary system at the Centre and in the States
• The Prime Minister's role has become significant and is called a 'Prime Ministerial Government.'

Integrated and Independent Judiciary

• Has a single integrated judicial system
• Establishes an Independent Judiciary enabling it to be free from Executive and the Legislature
• The Supreme Court: apex court
• High Courts function at the state level.
• Below the High Court: hierarchy of subordinate courts and district courts, and other lower courts
• Supreme Court is a federal court, the highest court of appeal
• The guarantor of citizens' fundamental rights and the guardian of the Constitution
• The Constitution has provisions to ensure its independence

Fundamental Rights

• Part III guarantees six fundamental rights to all citizens.
• A key feature of the Indian Constitution
• Contains the principle that every individual is entitled to certain rights as a human being
• Rights do not depend on the will of any majority/minority
• No majority has the right to abrogate those rights
• The fundamental rights are meant to promote political democracy
• They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature
• Justiciable, enforceable by the courts for their violation

Preamble

• An introductory statement explaining a document's philosophy and objectives
• Presents the intention of its framers, the history behind its creation, and the core values and principles of the nation
• Indicates the source of authority of the Constitution lies with the people of India
• Declares India to be a sovereign, socialist, secular and democratic republic
• Objectives secure justice, liberty, and equality and promote fraternity thereby maintaining unity and integrity
• Adopted on November 26, 1949
• "We, the people of India" indicates the ultimate sovereignty of the people
• Sovereignty means the independent authority of the State, not being subject to the control by another State.
• Sovereign: India has its own authority and is influenced by any external power
• In India, the legislature has the power to make laws subject to certain limitations
• Socialist: Holds faith in a mixed economy where both the private and public sectors co-exist
• Added in the Preamble by the 42nd Amendment, 1976.
• Secular: All religions in India get equal respect, protection, and support from the state. - Incorporated in the Preamble by the 42nd Constitutional Amendment, 1976
• Democratic: An established Constitution derives authority from the will of the people via election
• Republic indicates the head of State is elected

Objectives of the Indian Constitution

• The Constitution helps maintain integrity in society and to promote unity among citizens
• The main objective: promote harmony throughout the nation

Factors Achieving Objectives

• Justice comprises social, economic, and political elements
• Social Justice: The Constitution wants to create a society without discrimination
• Economic Justice: No discrimination based on wealth, income, and economic status
• Political Justice: All people have an equal, free and fair right to participate in political opportunities
• Equality: No section of society has special privileges, and everyone has equal opportunities; everyone is equal before the law
• Liberty: Freedom for people to choose their way of life, have their own political views and behavior within the boundaries of the law
• Fraternity: Brotherhood and an emotional attachment aids in promoting dignity and unity

Hierarchy of Courts

• Supreme Court is the highest court, established on January 28, 1950
• Consists of the Chief Justice of India and not more than thirty-three other judges
• Every judge of the Supreme Court appointed by the president with recommendation by the National Judicial Appointments Commission
• A judge holds office until 65 years of age
• Can resign office by writing to the President or by order of the President after an address by each House of Parliament

High Courts

• The second most important court established per Article 214
• There are 25 High Courts in India
• The President appoints the Chief Justice and other judges
• Judges are appointed by the President with a warrant under their hand and seal, and the recommendation of the National Judicial Appointments Commission and shall hold office
• High courts exercise original civil and criminal jurisdiction only if the subordinate courts are not competent
• High courts have the authority to hear appeals and writ petitions per Article 226

Subordinate Courts

• Hierarchies of courts subordinate to High Courts
• Established by state governments
• Nomenclature differs across states, but the structure is uniform
• Include district courts and appellate jurisdictions.
• Civil, Criminal and Reverue Courts
• Under administrative control of the High Court

District Courts

• The most essential in the Indian judicial system
• Deal with cases and appeals in the District
• Decide on matters with serious offences

Civil Courts

• Deal with disputes regarding property, breach of agreement/contract, divorce or landlord-tenant issues
• Civil Courts settle disputed, but do not award punishment
• Dispose of cases under the Civil Procedure Code

Criminal Courts

• Deal with the violation of law, theft, dacoity, rape, pickpocketing, physical assault, murder, etc.
• Prosecute the accused
• The accused gets punished with a fine, imprisonment, or even death penalty
• Dispose of cases per the Criminal Procedure Code and Indian Penal Code

Revenue Courts

• Deal with cases of land revenue
• The highest revenue court is the Board of Revenue
• Have Courts of Commissioners, Collectors, Tehsildars and Assistant Tehsildars under it
• The Board of Revenue hears final appeals

Lok Adalat

• Alternative dispute resolution
• A forum where pending disputes are settled or compromised
• Statutory status conferred by Legal Services Authorities Act, 1987
• Organized at district, state, and national levels
• A Lok Adalat consists of judicial officers and other persons
• There is no court fee payable
• If a matter is pending in court the fee is refunded after
• Dispute resolution takes place via direct interaction
• Nature of Cases Any case before any court and any dispute likely to be filed before the court.

Explore the core principles of the Indian Constitution. This includes Socialism, Republicanism, Justice, and Sovereignty. Assess understanding of fundamental rights and the Supreme Court's role.