The Constitution of India

• The Indian Constitution is the supreme law of India.
• It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens.
• It is the longest written constitution of any sovereign country in the world.
• It was adopted by the Constituent Assembly on 26 November 1949 and became effective on 26 January 1950.
• The constitution declares India a sovereign, socialist, secular, democratic republic, assuring its citizens justice, equality, and liberty, and endeavors to promote fraternity among them.

Key Features of the Indian Constitution

• Written and Lengthy Constitution:
  • The Indian Constitution is a written document, unlike the unwritten constitution of the UK.
  • It is the lengthiest written constitution in the world, originally containing 395 articles in 22 parts and 8 schedules. It now has more articles and schedules due to amendments.
  • The length is attributed to the vast size and diversity of the country, historical experiences, and the detailed enumeration of fundamental rights and centre-state relations.
• Drawn from Various Sources:
  • The Indian Constitution has borrowed provisions from various other constitutions worldwide.
  • The Government of India Act of 1935 has a heavy influence, particularly on the administrative details.
  • Fundamental Rights are inspired by the US Constitution.
  • Directive Principles are taken from the Irish Constitution.
  • The concept of the Rule of Law is from the British Constitution.
• Parliamentary Form of Government:
  • The Indian Constitution establishes a parliamentary form of government, both at the Union and the State levels.
  • The President is the nominal head of the state, while the real executive power is vested in the Council of Ministers headed by the Prime Minister.
  • The legislature (Parliament) consists of the President and the two Houses (Lok Sabha and Rajya Sabha).
• Federal System with a Unitary Bias:
  • India is a federation because it has a dual polity with a division of powers between the Union and the States.
  • However, it has a strong unitary bias, especially during emergencies.
  • The Centre has more powers than the States.
  • Features like a single constitution, single citizenship, and integrated judiciary reinforce the unitary character.
• Fundamental Rights:
  • The Constitution guarantees fundamental rights to all citizens.
  • These rights are justiciable, meaning they can be enforced by courts.
  • They include the Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.
• Directive Principles of State Policy:
  • These are guidelines to the state to ensure social and economic justice.
  • They are non-justiciable, meaning they cannot be enforced by the courts.
  • They aim at establishing a welfare state.
• Fundamental Duties:
  • Added by the 42nd Amendment in 1976.
  • These are duties of the citizens towards the nation.
  • They include respecting the Constitution, national flag, and national anthem, protecting the sovereignty and integrity of India, promoting harmony, and safeguarding public property.
• Secular State:
  • India is a secular state.
  • The state does not promote any particular religion.
  • All religions are treated equally.
  • Citizens have the freedom of religion.
• Independent Judiciary:
  • The Constitution provides for an independent judiciary.
  • The Supreme Court is the highest court and the guardian of the Constitution.
  • The judiciary can review legislative and executive actions.
• Universal Adult Franchise:
  • Every citizen who is 18 years or older has the right to vote.
  • This ensures participation of all eligible citizens in the political process.
• Single Citizenship:
  • Indian Constitution provides for single citizenship.
  • All citizens are citizens of India, irrespective of their place of residence.
• Emergency Provisions:
  • The Constitution contains emergency provisions to deal with extraordinary situations.
  • There are three types of emergencies: national emergency, state emergency (President's Rule), and financial emergency.
  • During an emergency, the central government becomes all powerful and the federation turns into a unitary one.
• Amendment Procedure:
  • The Constitution can be amended.
  • The procedure for amendment is laid down in Article 368.
  • Amendments can be initiated only in the Parliament.
  • Some amendments require special majority and ratification by state legislatures.
• Integrated and Independent Election Commission:
  • The Constitution provides for an Election Commission to ensure free and fair elections.
  • The Election Commission is independent of the executive.
• Cooperative Societies
  • The 97th Constitutional Amendment Act of 2011 gave constitutional status and protection to cooperative societies.
  • In this respect it made the following three changes in the constitution:
    • It made the right to form cooperative societies a fundamental right (Article 19).
    • It included a new Directive Principle of State Policy on promotion of cooperative societies (Article 43-B).
    • It added a new Part IX-B in the Constitution entitled as “The Cooperative Societies” (Articles 243ZH to 243ZT).