Constitution of India - Summary

UNIT I Constitution: The Constitution of India begins with a Preamble. The Preamble contains the ideals, objectives and basic principles of the Constitution. The salient features of the Constitution have evolved directly and indirectly from these objectives which flow from the Preamble. Our Const...

UNIT I Constitution: The Constitution of India begins with a Preamble. The Preamble contains the ideals, objectives and basic principles of the Constitution. The salient features of the Constitution have evolved directly and indirectly from these objectives which flow from the Preamble. Our Constitution has adopted the best features of most of the major constitutions of the world as per the needs of the country. Though borrowed from many constitutions around the world, the Constitution of India has several salient features that distinguish it from the constitutions of other countries. **Constitution of India -- Major Features** The salient features of the Indian Constitution are listed and briefed below: **1. Lengthiest Written Constitution** - Constitutions are classified into written, like the American Constitution, or unwritten, like the British Constitution. - The Constitution of India has the distinction of being the lengthiest and most detailed constitutional document the world has so far produced. In other words, the Constitution of India is the lengthiest of all the written constitutions of the world. - It is a very comprehensive, elaborate and detailed document. - The factors that contributed to the elephantine size of the Indian Constitution are: - **Geographical factors**, that is, the vastness of the country and its diversity. - Single constitution for both the Centre and the states. - The Constitution of India contains not only the fundamental principles of governance but also detailed administrative provisions. **2. Drawn from Various Sources** - The Constitution of India has borrowed most of its provisions from the constitutions of various other countries as well as from the Government of India Act of 1935. - Dr B R Ambedkar proudly acclaimed that the Constitution of India has been framed after 'ransacking all the known Constitutions of the world'. - The **structural part** of the Constitution is, to a large extent, derived from the Government of India Act of 1935. - The **philosophical part** of the Constitution (Fundamental Rights and the Directive Principles of State Policy) derive its inspiration from the American and Irish Constitutions respectively. - The **political part** of the Constitution (the principle of Cabinet government and the relations between the executive and the legislature) has been largely drawn from the British Constitution. **3. Blend of Rigidity and Flexibility** -  Constitutions are classified into **rigid** and **flexible**. - A rigid constitution is one that requires a special procedure for its amendment, for example, the American Constitution. - A flexible constitution is one that can be amended in the same manner as ordinary laws are made, for example, the British Constitution. - The Indian Constitution is a unique example of a combination of rigidity and flexibility. - A constitution may be called rigid or flexible on the basis of its amending procedure. - The Indian Constitution provides for three types of amendments ranging from simple to most difficult procedures depending on the nature of the amendment. **4. Federal System with Unitary Bias** - The Constitution of India establishes a federal system of government. - It contains all the usual features of a federation, such as two governments, division of powers, written constitution, the supremacy of the constitution, the rigidity of the Constitution, independent judiciary and bicameralism. - However, the Indian Constitution also contains a large number of unitary or non-federal features, such as a strong Centre, a single Constitution, the appointment of a state governor by the Centre. - During emergency, the central government can override the state powers. - Article 1 describes India as a **'Union of States'** which implies two things: - Indian Federation is not the result of an agreement by the states. - No state has the right to secede from the federation. **5. Parliamentary Form of Government** - The Constitution of India has opted for the British Parliamentary System of Government. - The parliamentary system is based on the principle of cooperation and coordination between the legislative and executive organs. - The Constitution establishes the parliamentary system not only at the Centre but also in the States. - In a parliamentary system, the role of the Prime Minister has become so significant, and therefore it is called a 'Prime Ministerial Government'. **8. Integrated and Independent Judiciary** - India has a single integrated judicial system. - Also, the Indian Constitution establishes Independent Judiciary by enabling Indian judiciary to be free from the influence of the executive and the legislature. - The Supreme Court stands as the apex court of the judicial system. Below the Supreme Court are the High Courts at the state level. - Under a high court, there is a hierarchy of subordinate courts, that is district courts and the other lower courts. - The Supreme Court is a federal court, the highest court of appeal, the guarantor of the fundamental rights of the citizens and the guardian of the Constitution. Hence, the Constitution has made various provisions to ensure its independence. **9. Fundamental Rights** - Part III of the Indian Constitution guarantees six fundamental rights to all Citizens. - Fundamental Rights are one of the important features of the Indian Constitution. - The Constitution contains the basic principle that every individual is entitled to enjoy certain rights as a human being and the enjoyment of such rights does not depend upon the will of any majority or minority. - No majority has the right to abrogate such rights. - The fundamental rights are meant for promoting the idea of political democracy. - They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature. - They are **justiciable** in nature, that is, enforceable by the courts for their violation. What is a Preamble? - A preamble is an introductory statement in a document that explains the document's **philosophy and objectives.** - In a Constitution, it presents the **intention of its framers,** the **history behind its creation,** and the **core values** and** principles of the nation.** - The preamble basically gives idea of the following things/objects: - **Source of the Constitution** - **Nature of Indian State** - **Statement of its objectives** - **Date of its adoption** Components of Preamble: - It is indicated by the Preamble that the **source of authority** of the Constitution lies with the **people of India.** - Preamble declares India to be a **sovereign, socialist, secular and democratic republic.** - The objectives stated by the Preamble are to** secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation.** - The date is mentioned in the preamble when it was adopted i.e. **November 26, 1949.** Key words in the Preamble - **We, the people of India:** It indicates the **ultimate sovereignty of the people of India.** Sovereignty means the independent authority of the State, not being subject to the control of any other State or external power. - **Sovereign:** The term means that India has its own independent authority and it is not a dominion of any other external power. In the country, the legislature has the power to make laws which are subject to certain limitations. - **Socialist:** It holds faith in a mixed economy where both private and public sectors co-exist side by side. - It was added in the Preamble by 42^nd^ Amendment, 1976. - **Secular:** The term means that all the religions in India get equal respect, protection and support from the state. - It was incorporated in the Preamble by 42^nd^ Constitutional Amendment, 1976. - **Democratic:** The term implies that the Constitution of India has an established form of Constitution which gets its authority from the will of the people expressed in an election. - **Republic:** The term indicates that the head of the state is elected by the people. In India, the President of India is the elected head of the state. Objectives of the Indian Constitution: - The Constitution is the supreme law and it helps to **maintain integrity in the society** and to **promote unity among the citizens** to build a great nation. - The main objective of the Indian Constitution is to **promote harmony throughout the nation.** The factors which help in achieving this objective are:**\ ** - **Justice:** It is necessary to maintain order in society that is promised through various provisions of **Fundamental Rights** and provided by the Constitution of India. It comprises three elements, which is **social, economic, and political.** - **Social Justice --** Social justice means that the Constitution wants to create a society without discrimination on any grounds like caste, creed, gender, religion, etc. - **Economic Justice --** Economic Justice means no discrimination can be caused by people on the basis of their wealth, income, and economic status. Every person must be paid equally for an equal position and all people must get opportunities to earn for their living. - **Political Justice --** Political Justice means all the people have an equal, free and fair right without any discrimination to participate in political opportunities. - **Equality:** The term 'Equality' means no section of society has any special privileges and all the people have given equal opportunities for everything without any discriminations. Everyone is equal before the law. - **Liberty:** The term 'Liberty' means freedom for the people to choose their way of life, have political views and behavior in society. Liberty does not mean freedom to do anything, a person can do anything but in the limit set by the law. - **Fraternity:** The term 'Fraternity' means a feeling of brotherhood and an emotional attachment with the country and all the people. Fraternity helps to promote dignity and unity in the nation. HIERARCHY OF COURTS:  Supreme Court of India: The Supreme Court is the highest court of law. It was established on January 28, 1950, under Article 124(1) of the Constitution of India explained below:  - The Supreme Court consists of the Chief Justice of India and not more than thirty-three other judges. - Every judge of the Supreme Court shall be appointed by the president by warrant under his hand & seal on the recommendation of the National Judicial Appointments Commission. - Once appointed, a judge holds office until he attains 65 years of age. - He may resign his office High Courts: This is the second most important court in the Indian judicial system. It was established according to Article 214 of the Indian Constitution.  - There are 25 High Courts in India. - Every High Court shall consist of a Chief Justice and other judges the President may occasionally appoint. - Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal on the recommendation of the National Judicial Appointments Commission and shall hold office, - However, High courts exercise their original civil and criminal jurisdiction only if the courts subordinate to the high court in the State are not competent (not authorized by law) to try such matters for lack of pecuniary, territorial jurisdiction.  - High courts may also enjoy original jurisdiction in certain matters designated specifically in a state or Federal law. e.g., Company law cases are instituted only in a high court.  - As per Article 226 of the Constitution of India, the primary work of High Courts includes appeals from lower courts and writ petitions. - Also, Writ Jurisdiction is the original jurisdiction of the High Court.  - The particular territorial jurisdiction of each High Court varies. - The President appoints judges in a High court after consultation with the Chief Justice of India, the governor of the State, and the High Court Chief Justice. - Article 214 states that every state should have their own high courts. - Article 231 states that states and Union Territories can share their high courts. - The Calcutta High Court is the oldest in the country, established on July 2, 1862. - The Allahabad High Court is the most significant High Court, with a sanctioned strength of 160 judges. Subordinate Courts: The hierarchies of courts that lie subordinate to High Courts are referred to as subordinate courts. - It is for the state governments to enact for the creation of subordinate courts. - The nomenclature of these subordinate courts differs from state to state, but the organisational structure is broadly uniform. - There are district courts and appellate jurisdictions in each district. - In each district, there are various types of subordinate or lower courts. They are: - These courts are under administrative control of the High Court of the State to which the district concerned belongs. District Courts Civil Courts - Civil cases pertain to disputes between two or more persons regarding property, breach of agreement or contract, divorce or landlord-tenant disputes.  - Civil Courts settle these disputes. They do not award any punishment for violation of law, which is not involved in civil cases. - Disputes relating to property, succession, ownership, and other rights fall under the jurisdiction of Civil Courts, which dispose of these cases in accordance with the Civil Procedure Code.  Criminal Courts - Criminal cases are related to the violation of laws.  - These cases involve theft, dacoity, rape, pickpocketing, physical assault, murder, etc. These cases are filed in the lower court by the police, on behalf of the state, against the accused. - In such cases, the accused is punished with a fine, imprisonment, or even death sentence if found guilty. - The criminal courts dispose of these cases in accordance with the Criminal Procedure Code and Indian Penal Code.  Revenue Courts - Revenue courts deal with cases of land revenue in the State.  - The highest revenue court in the district is the Board of Revenue.  - Under it are the Courts of Commissioners, Collectors, Tehsildars and Assistant Tehsildars.  - The Board of Revenue hears the final appeals against all the lower revenue courts under it. LOK ADALAT: The Supreme Court has decided to organise a special Lok Adalat to facilitate amicable settlements of suitable pending cases, commemorating the 75th year of its establishment. - It is one of the alternative dispute redressal mechanisms in India.  - It is a forum where disputes/cases pending in the court of law or at the pre-litigation stage are settled/compromised amicably.  - The Lok Adalat has been given statutory status under the Legal Services Authorities Act, 1987.  - Lok Adalats can be organized at the district, state, and national levels. - Every Lok Adalat organised for an area shall consist of such number of serving or retired judicial officers and other persons of the area as may be specified by the agency organizing. - There is no court fee payable when a matter is filed in a Lok Adalat. - If a matter pending in the court of law is referred to the Lok Adalat and is settled subsequently, the court fee originally paid in the court on the complaints/petition is also refunded back to the parties.  - Dispute resolution in the Lok Adalat courts takes place by direct interaction of the Adalat members with the parties concerned.  - Nature of cases to be referred to Lok Adalat - Any case pending before any court - Any dispute which has not been brought before any court and is likely to be filed before the court.