The Constitution of India is a unique constitution. It is the largest written liberal democratic constitution of the world. It provides for a mixture of federalism and Unitarianism, and flexibility and with rigidity. Since its inauguration on 26th January 1950, the Constitution India has been successfully guiding the path and progress of India. Each and every institution functions according to certain basic rules. State is a political institution. The basic rules of the state are called constitution. As a citizen of India and the student of law every person should know about the constitution. It make the learners enlightened citizen of this country.
The constitution of India is made by constituent Assembly. According to the cabinet Mission plan, the legislative Assemblies of the provinces were to elect their representatives to the constituent Assembly. Total members of the constituent Assemblies were 389.Dr. Rajendra Prasad was elected as the President of the constituent Assembly. Pt. Jawaharlal Nehru moved the objective Resolution which reflected the ideals and philosophy that shaped the Indian constitution. The constituent Assembly completed the work in two years eleven months and eighteen days. From 26th January 1950 constitution of India came in force. Hence, 26th January is celebrated as the Republic day. BR Ambedkar, ‘Father of Indian Constitution’
Preamble: – The preamble to the constitution is based on the “objective resolution” drafted and moved by Pandit Nehru and adopted by constituent assembly. It runs as follows:-
“We THE PEOPLE OF INDIA, having solemnly resolved to constitute India in to a SOVERIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizen:-
JUSTICE, social, Economic, and Political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;,
FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation; In our Constituent Assembly, this 26th November, 1949, do hereby adopt, enact and give to ourselves this constitution.”
Purpose of the Preamble: – The preamble to the constitution is a key to open the minds of the makers and shows the general purpose for which they made the several provisions in the constitution. Preamble serves the following purposes:-
1. It discloses the source of the constitution. 2. It lays down the date of the commencement of the constitution. 3. It set out the rights and freedoms which the people of India wished to secure for themselves. 4. It declares the nature of the government.
Q1:- Whether Preamble is the part of the constitution? Ans.:- In the case of Kesvanand Bharti vs. State of Kerala, the supreme has held that preamble is part of the constitution. Preamble is of extreme importance and the constitution should be read and interpreted in the light of grand and noble vision expressed in the preamble. However, two things should be noted:- The preamble is neither a source of power to legislature nor prohibition upon the powers of legislature. It is not justiciable i.e. not enforceable in courts of law.
Q2:- Whether preamble can be amended? Ans:- Supreme Court has held that preamble can be amended subject to the condition that no amendment is done to the ‘ Basic structure’ of the constitution. The Preamble has been amended only once by the 42nd Constitutional Amendment act, which has added three new words- Socialistic, Secular and Integrity- to the preamble.
The Lengthiest Constitution in the world:
The Indian constitution is the lengthiest and the most detailed of all the written constitutions in the world while 1 the American constitution originally consisted of 7 Articles. The Australian constitution 128 Articles. The Canadian constitution 147 Articles the Indian constitution originally consisted of 395 Articles divided into 22 parts and 8 schedules.
26th November 1949 Adaptation of final Constitution and 24th Jan 1950 National Anthem (Jana-gana-mana) by Rabindranath Tagore and National song (Vande Mataram) which was written by Bankimchandra Chatterji. On 26th January 1950 Enforcement of Constitution of India. At present, though still, the last numbered Article is 395 and the last numbered part is 22, yet the actual Articles are 470 in number and 25 parts at present and the schedules are 12 in number at present.
It has borrowed from all other constitutions their best features. Thus it has adopted: · Fundamental Rights, Preamble, Judicial Review from the USA, ·The Directive Principles of State Policy from the Irish constitution · Parliamentary form of Government and cabinet system from the British constitution. ·Fundamental Duties from Russia.
It is because of this that the bulk of the Indian constitution has increased considerably. The Indian constitution lays down the structure not only of the Central Government but also of the States. The American constitution leaves the states to draw up their own constitution. The vastness of the country and peculiar problems relating to the language have added to the bulk of the constitution. The Indian constitution contains a long list of Fundamental Rights for its citizens and also a number of Directive Principles.
Establishment of a Sovereign, Socialist, Secular, Democratic, Republic:
The preamble of the constitution declares India to be a Sovereign, Socialist, Secular, Democratic, Republic. The word ‘Sovereign’ emphasis that India is no more dependent upon any outside authority. It means that both internally and externally India is sovereign. Its membership of the Commonwealth of Nations and that of the United Nations Organizations do not restrict her sovereignty.
The term ‘Socialist’ This concept was already implicit in the constitution. The word ‘Socialism’ is used in democratic as well as socialistic constitution.
The term ‘Secularism’ means a state which has no religion of its own as recognized religion of state. It treats all religions equally. In a secular state, the state regulates the relation between man and man.
The term ‘Democratic’ indicates that the constitution has established a form of Government which gets its authority from the will of the people. The rulers are elected by the people and are responsible to them.
The term ‘Republic’ signifies that there shall be an elected head of the state who will be the chief executive head. The President of India, unlike the British King, is not a hereditary monarch but an elected person chosen for a limited period.
Parliamentary form of Government:
The Indian constitution establishes a parliamentary form of government in India both at the center and in the states as distinguished from the presidential form of the government in America. The essential characteristics of parliamentary form of government are the following: a) The Head of the state, i.e., the President is the nominal and constitutional head but the real executive power is vested in the Council of Ministers, whose head is the Prime Minister. b) The council of Ministers is collectively responsible to the Lok Sabha. c) The members of the council of Ministers are the elected members of the Legislatures directly by the people. On the other hand in the presidential form of government, the Head of the State, i.e., the President, is the real executive directly elected by the people and responsible to the people.
A Debate on Parliamentary vs Presidential System For the last two decades, a debate has been going on in the country whether the present parliament system should be continued or should be replaced with the Presidential system under which the President, elected directly by the people, or a fixed term will function as the nation’s executive unhampered by the legislature in taking administrative decisions. People gave different views for both the systems. At the outset it has to be made clear that the framers of the constitution preferred the parliamentary system of government mainly for two reasons: I. The system was already in existence in India and people were well acquainted with it because it was based on British model and in fact democracy cannot afford to take risks. In parliamentary system the relation between executive and legislature remain friendly and cooperative and government runs smoothly.
| Presidential | Parliamentary |
| President is the real head of the executive. | President is only nominal head not real. PM is the real head. |
| Power is exercised by the president in his own discretion. | Power are exercised formally by president but on the advice of PM power of ultimate decision is with PM and not with President. |
| Power of ultimate decisions is with President | Power of ultimate decision is with PM |
| Power of Dismissal of advisors is with President | Power of Dismissal of advisors is formally with President but actually with PM |
| President not only represents but also rule the nation | President only represents the nation. PM rules it |
| President is head of state and head of executive | President is head of the state but not executive. PM is the head of the Executive |
| There is no harmony between Executive & Legislature | There is harmony between Executive & Legislature |
| Government is stable and for fixed tenure | Government is unstable as it last only so long as it has the support of majority in loksabha |
| Executive is almost free and independent of the control of legislature as it is not accountable to it | Executive depends and is in control by legislature and is accountable to legislature. |
| Head of the executive that is president is elected directly by the people and hence directly responsible. | Executive (PM+ Ministers) are answerable to loksabha which intern is responsible to people |
| Legislature is not subject to dissolution | Legislature is subject to dissolution except raj sabha |
Fundamental Rights
The constitution of India contains a long list of Fundamental Rights of citizens. These rights are necessary for the development of an individual’s personality. The Legislature and the Executive cannot take away these rights. If the Legislature passes a law taking away or abridging a Fundamental Right, such law may be declared unconstitutional by the courts. These rights are, however, not absolute rights. They are restricted rights and can be restricted, abridged and taken away.
Directive Principles of State Policy
Contained in Part IV of the constitution set out the aims and objectives to be followed by the state in the governance of the country. Although they are not justifiable in the courts of law, yet they are very important and fundamental in the governance of country. No government can ignore them. There is a political sanction behind them.
Mixture of Rigidity with Flexibility
A rigid constitution is one which requires a special procedure for amendment of its provisions while in a flexible constitution, the provisions of the constitution can be amended by an ordinary legislature process. A written constitution is generally said to be rigid. The Indian constitution, though written, is sufficiently flexible. It is only a few provisions of the constitution which can be amended by the special procedures, i.e requiring the consent of the half of the state legislatures. The majority of the provisions can be amended by the Parliament by an ordinary legislature process. The fact that Indian constitution has been amended 104 times is the proof of its flexibility.
A Federation with strong centralizing tendency
Indian constitution is Quasi federal in form. Constitution has federal system as Distribution of Power, Supremacy of constitution, written constitution, Rigidity, etc. But the most remarkable feature of the Indian constitution is that being a federal constitution it acquires a unitary character during the time of emergency. During the proclamation of emergency the normal distribution of powers between the center and the states undergoes a vital change. The Union Parliament is empowered to legislate on any subjects mentioned in the state list. The Financial Arrangements between the center and the states can also be allured by the Union Government. Thus during the proclamation of emergency all powers are centralized in the Union Government and constitution acquires a unitary character. This combination of federal and unitary system is a unique feature of the Indian constitution.
It is federal because:
1. It has two sets of government. 2. There is division of powers between the center and the states. 3. There is independent judiciary.
It is unitary because:
1. It is described as “union of states”. 2. There is single citizenship. 3 There is single integrated judicial and administrative system. 4. There is integrated machinery for elections, audits. 5. State Governors are appointed and removed by President, 6. States depend upon the union’s grant – in – aid. 7. During emergency, it can be converted into unitary system
Adult Suffrage
Under the Indian constitution, every person who is citizen of India and who has attained the age of 18 years is entitled to vote in Parliamentary and State Legislature Assembly elections for electing representatives. There is no discrimination in this respect on grounds of sex, caste, religion, property, etc.
An Independent Judiciary
An Independent and impartial judiciary is essential for the success of any democratic system. The Indian constitution provides for the establishment of an independent judiciary so that the various rights guaranteed to the citizens of the country can be protected from the arbitrary and unlawful legislative and executive interference.
Single Citizenship
Single Citizenship Though the constitution of India is federal and provides for dual polity, i.e., Centre and States, but it provides for a single citizenship for the whole of India. The American constitution provides for dual citizenship, i.e., the citizenship of America and State citizenship. On the other hand, there is only one citizenship in India, i.e., the citizenship of India. There is no State citizenship. Every Indian is the citizen of India and enjoys the same rights of citizenship no matter in what state he resides.
Fundamental Duties
The Fundamental Duties are indeed to serve as a constant reminder to every citizen that while the constitution has specifically conferred on them certain fundamental rights, it also requires the citizens to observe certain basic norms of democratic conduct and democratic behaviors. Indian constitution is unique in its nature. As India is a vast country, having different caste, culture and religion. Therefore, to fulfill the need of the Indian people and to protect their pride of the country, the framers of the constitution thus created our vast and largest constitution.