Constitution of India
A detailed overview of the Indian Constitution
A Constitution is a set of fundamental principles or established precedents
according to which a State or other organization is governed.
These rules together make up i.e. constitute, what the entity is.
When these principles are written down into a single document or set of legal
documents, those documents may be said to embody a written constitution; if
they are written down in a single comprehensive document, it is said to embody
a codified constitution.
Constitution was written by a committee headed by Dr. Bhimrao Ambedkar. It
took 2 yrs, 11 months, 18 days for compilation. It was adopted on 26th
November, 1949 (celebrated as Law Day), and enforced fully on 26th
January, 1950 (celebrated as Republic Day).
The Constitution of India is the longest written Constitution of any sovereign
country in the world, containing 444 Articles in 22 Parts, 12 Schedules while
the United States Constitution is the shortest written Constitution, at 7 Articles.
At the time of commencement, the Constitution had 395 Articles in 22 parts and
8 schedules.
Constitution is said to be the supreme law of the land.
The drafting of the document called the Constitution was pursued
by an assembly of elected representatives called the Drafting
Committee, which was chaired by Dr. B.R. Ambedkar.
The above-said Committee prepared the draft of the Constitution.
Then, several rounds of discussions took place. More than two
thousand amendments were considered.
Every document presented and every word spoken in the
Constituent Assembly has been recorded and preserved under the
name of Constituent Assembly Debates.
Introduction to the Indian Constitution
The Indian Constitution is the supreme law of India, providing the framework
for political principles, procedures, and powers of government institutions. It
also outlines the rights and duties of citizens. The Constitution was adopted on
November 26, 1949, and came into effect on January 26, 1950, a date celebrated
as Republic Day in India.
Historical Background
Colonial Rule: Prior to independence, India was under British colonial rule,
which led to widespread discontent and demands for self-governance.
Constituent Assembly: In 1946, the Constituent Assembly was formed to draft
the Constitution. It comprised representatives from various political parties,
communities, and regions, reflecting India’s diversity.
Debates and Discussions: The Assembly held extensive debates over three
years, discussing various issues, including federalism, secularism, and the
protection of minority rights.
Adoption of the Constitution
Salient Features of the Indian Constitution
1. Length and Structure
Lengthiest Constitution: The Indian Constitution is the longest written
constitution in the world, originally consisting of 395 articles, 22 parts, and 8
schedules. As of now, it has 448 articles, 25 parts, and 12 schedules.
Amendments: The Constitution has been amended multiple times to address
changing societal needs and political realities.
2. Federal Structure
Division of Powers: The Constitution divides powers between the central
government and state governments, delineating subjects on which each
level can legislate.
Unitary Features: Despite being federal, it has unitary features such as:
A strong central government.
Single citizenship for all Indians.
The power of the central government to legislate on state subjects during
emergencies.
3. Parliamentary System
Executive: The Constitution establishes a parliamentary system where the
President is the nominal head of the state, while the Prime Minister is the real
executive.
Bicameral Legislature: The Parliament consists of two houses: the Lok Sabha
(House of the People) and the Rajya Sabha (Council of States).
4. Independent Judiciary
Supreme Court: The apex court of India, which has the power of judicial
review to ensure that laws and executive actions comply with the Constitution.
Protection of Rights: The judiciary protects the fundamental rights of citizens
and can strike down laws that violate these rights.
5. Fundamental Rights
Rights Guaranteed: The Constitution enshrines six fundamental rights, which
include:
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)
Right to Constitutional Remedies (Article 32)
6. Directive Principles of State Policy
Guidelines for Governance: These principles, outlined in Part IV of the
Constitution, aim to create social and economic conditions under which citizens
can lead a good life.
Non-justiciable: Unlike fundamental rights, these principles are not legally
enforceable but serve as guidelines for the state in policy-making.
7. Secularism
Religious Neutrality: The Indian Constitution upholds secularism, ensuring
that the state treats all religions equally and does not favor or discriminate
against any religion.
8. Social Justice
Affirmative (Agreeing /positive) Action: The Constitution provides for special
provisions for the advancement of Scheduled Castes, Scheduled Tribes, and
other weaker sections of society.
Preamble
The Preamble of the Constitution serves as an introductory statement that
outlines the fundamental values and guiding principles of the Constitution. It
reads:
"We, the People of India, having solemnly resolved to constitute India into a
Sovereign Socialist Secular Democratic Republic and to secure to all its
citizens: Justice, social, economic and political; Liberty of thought, expression,
belief, faith and worship; Equality of status and of opportunity; and to promote
among them all Fraternity assuring the dignity of the individual and the unity
and integrity of the Nation."
Significance of the Preamble
Guiding Principles: It reflects the aspirations and ideals of the Constitution.
Interpretative Tool: Courts often refer to the Preamble to interpret the
Constitution and its provisions.
Conclusion
The Indian Constitution is a living document that has evolved over time to meet
the needs of a diverse and dynamic society. Its comprehensive nature, along
with its emphasis on fundamental rights, social justice, and the rule of law,
makes it a cornerstone of Indian democracy. Understanding the Constitution is
crucial for appreciating the rights and responsibilities of citizens and the
functioning of the Indian political system.
