1.1. THE LENGTHIEST CONSTITUTION OF THE WORLD
The Indian Constitution is one of the lengthiest constitutions in the world and it is also very detailed. There are 12 schedules and 448 articles in our Constitution. The Indian Constitution has incorporated various articles by taking inspiration from the various constitutions around the world. As we all know, India is a very diverse country and it was necessary to draft a long Constitution incorporating various provisions in order to accommodate various differences. The parent document for drafting the Indian Constitution was the Government of India Act 1935, and that document itself was very lengthy. The Constitution makers found it necessary to incorporate various provisions to provide special attention to States like Assam, Mizoram, and Nagaland. Various provisions were also incorporated to uplift the Scheduled Castes and Scheduled Tribes.
1.2. ESTABLISHMENT OF A SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC
The Preamble of our Constitution provides India to be a Sovereign, Socialist, Secular, Democratic and Republic Country. There are also various other terms in the Preamble which ensure equality and protect people. The various other terms are Justice, Liberty, Equality, and Fraternity.
1.3. SOVEREIGNTY
The term Sovereignty was incorporated in the Preamble to provide supreme power to the Government. The term Sovereignty is the backbone of our Indian Constitution that protects the authority of the people. Sovereignty is an essential factor of every State. The term “sovereignty” as applied to states implies ‘Supreme, absolute, and uncontrollable power by which any state is governed, and which resides within itself, whether residing in a single individual or a number of individuals, or in the whole body of the people’. The Sovereignty in India is of two types:
- Internal Sovereignty- The States have the power to govern themselves and make laws in certain matters.
- External Sovereignty- The Government is the supreme authority and can acquire or cede any part of the territory for proper reasons.
1.4. SECULARISM
It is mandatory to incorporate this term to promote peace between various communities in our country. Secularism promotes the development and unity of various religions. The term “Secular” was added by the 42nd amendment in the Preamble. In the case of S.R Bommai v Union Of India, it was held that “in matters of State, religion has no place” and also said that secularism is one of the basic features of the Constitution. In the famous case of Indira Nehru Gandhi vs Shri Raj Narain & Anr, held that the State shall not discriminate against any citizen onthe grounds of religion.
1.5. DEMOCRACY
Democracy is an ancient concept that is followed by many south Indian rulers from time immemorial. Democracy provides people with the power to govern. The representative form of the Government is suitable for governing our country due to the huge population. In the case of Mohan Lal Tripathi vs District Magistrate, the meaning of the term “Democracy” was discussed and according to the case it was held that “Democracy is a concept, a political philosophy an ideal which is practised by many nations that is culturally advanced and politically mature via resorting to governance by representatives of the people elected directly or indirectly”. The main reason for incorporating democracy is to provide freedom to the people to choose their own representatives and to save them from the tyrant leaders.
1.6. SOCIALIST
The system of socialism promotes equality among people and ensures the welfare of people. Theterm “Socialist” was incorporated by the 42nd amendment. The term Socialist was discussed inthe case of Samantha v State of Andhra Pradesh, and according to the case,” the term socialist isused to lessen the inequalities in income and status and to provide equality of opportunity andfacilities”. Many leaders were interested in the concept of socialism, especially Jawaharlal Nehruwas very much interested in this concept as he was inspired by the Russian Revolution. Therewere also other famous leaders like Jay Prakash Narayan who helped in the development of thisconcept. The concept of Socialism expels capitalism which is considered a threat to theeconomy. There were developments in economic policies to promote the concepts of Socialism.
1.7. REPUBLIC
The concept of “Republic” was borrowed from the Constitution of France. The term republicprovides the people power to elect their own representatives. The term republic is the basis ofour constitution as it ensures there would be no hereditary rulers and also ensures that theelection would be happening in our country. The President of India is an elected head of the State for a fixed tenure.
1.8 JUSTICE
The Preamble of the Constitution of India guarantees three types of justice to its citizens like:
- Social Justice- The concept of social justice promotes equal treatment of citizens and promotes the rule of law. This term ensures that there would be no discrimination among the citizens on different grounds. The fundamental rights also provided in Part 3 of our Constitution also ensures social justice.
- Economic Justice- The concept of economic justice avoids discrimination between genders, provides equal opportunity to work, and ensures the equal distribution of wealth.
- Political Justice- This term provides all citizens to participate in the political proceedings.
1.9. LIBERTY AND FRATERNITY
The term Liberty and Fraternity is provided in the Preamble of the Indian Constitution. The term liberty and fraternity was used in the French revolution.
1.10. PARLIAMENTARY FORM OF GOVERNMENT
The Bicameral Legislature system is followed in our country. The Unicameral legislature system is followed in countries like Norway. The law making procedure is easy in the unicameral legislature but the bicameral legislature is effective as there would be a lot of discussions and deliberations before making legislation. Articles 74 and Article 75 is concerned with the Parliamentary system at the centre and Article 163 and Article 164 is concerned with the Parliamentary system at the states. Article 74 of the Indian Constitution provides that there should be a Council of Ministers with the Prime Minister and Council of Minister can aid and advise the President. Article 75 of the Indian Constitution deals with the other provisions relating to the appointment of Ministers.
1.11. PARLIAMENTARY V. PRESIDENTIAL SYSTEM
The Presidential form of Government is followed in countries like the United States of America. The President is the head of the State in the Presidential System of Government. The Parliamentary system is preferred over the Presidential system as it ensures the equal distribution of power and also power is not within the hands of a single person. The drafters of our constitution did not prefer the presidential system as the executive and legislatures would become independent of each other. The makers felt that this would be an issue afterwards.
1.12. FUNDAMENTAL RIGHTS AND CONSTITUTIONAL REMEDIES
Like the constitution of the USA and the USSR, the Indian constitution contains a comprehensive Bill of Rights. Right to freedom, right to equality, right to religion, right against exploitation, and cultural rights have been guaranteed to the citizens of India. The remedies for enforcing the rights, namely, the writs of habeas corpus, mandamus, prohibition and certiorari are also guaranteed by the constitution under Article 32, as the right to constitutional remedies. There are various constitutional remedies allowed under this Article in the form of writs. If there is any violation of fundamental rights, the aggravated person can approach the Supreme Court under the rights provided by this Article. The rights provided under this Article cannot be suspended.
1.13. DIRECTIVE PRINCIPLES OF STATE POLICY
Part IV of the Indian Constitution deals with the Directive Principles of State Policy. It is the duty of every State to apply these principles while making any new legislation. The Directive Principles of State Policy is similar to the ‘Instrument of Instructions’ that is in the Government of India Act 1935. They are basically instructions to the legislature and executive that has to be followed while framing new legislation by the State.
1.14. A FEDERATION WITH A STRONG CENTRALISING TENDENCY
The famous salient feature of our Indian Constitution is that it is a federation with a strong centralising tendency. The constitution of India is neither federal nor unitary. The reasons for calling the Indian Government unitary is that,
The division of powers is not equal. The centre has more powers than the state that is evident from the fact that the Union list contains more matters than the State list.
The federations like the U.S.A have rights to frame their own constitution, which is not possible in India as the entire country follows the Single constitution.
- During the time of emergency, the states come under the control of the Centre.
- There is a single system of Courts which enforces both the Central and State laws.
- There is no equal representation of States in the houses of Parliament which is not the same in federations like the U.S.A.
- The Indian Constitution is considered as federal for various reasons like:
- There is a written Constitution which is an essential feature of every country following the federal system.
- The supremacy of the constitution is always protected.
- Thus the Indian Constitution can be described as quasi-federal or a federation with a strong centralizing tendency.
1.15. ADULT SUFFRAGE
The concept of Adult suffrage allows every citizen of our country who is above eighteen years has the right to vote in the elections. Any adult who is eligible to vote should not be discriminated on any basis like gender, caste and religion. This provision was added in the sixty- first amendment which is also known as the Constitution Act, 1988. The accepted age for voting was twenty-one before this amendment afterwards it was changed to 18 years of age. Article 326 of the Indian Constitution guarantees this right.
1.16. AN INDEPENDENT JUDICIARY
The Judiciary ensures the proper functioning of the constitution and the enforcement of various provisions of the Constitution. The Constitution makers ensured that Judiciary has to be independent so that it will not be biased. The Supreme court is considered as the watchdog of democracy. There are various provisions in the Article which ensures the independence of the judiciary,
- The appointment of Judges is independent and there is no involvement of any executive authorities;
- The tenure of Judges is secured;
- The removal of judges from the tenure must be also based on the constitutional provisions.
1.17. A SECULAR STATE
The term Secular State means that there is no separate religion for the State and every religion is respected equally in the State. The Preamble of the Indian Constitution itself states that India has to be a secular state. The Fundamental rights provide the citizens’ freedom to follow their own religion and religious practices and no one can be forced to follow any religion. The proposal of developing a uniform civil code is also provided in the directive principles of State policy in order to resolve the differences between various religions, though it is not implemented still. Article 26 also provides the right to manage their own religion in order to prevent any intrusion. The Supreme Court has also held that various religious denominations like Anandmargi though they are not considered as separate religion will also enjoy protection under Article 26.
1.18. SINGLE CITIZENSHIP
There is no separate citizenship for the States and the Centre like in various federal countries like the U.S.A. There is single citizenship provided to our citizens. Part 2 of the Indian Constitution, i.e. Article 5 to Article 11 of the Indian Constitution deals with citizenship. The Citizenship Act, 1955 which was amended recently in 2019 also deals with citizenship. Single citizenship allows the persons to enjoy equal rights in various aspects across the country. According to Article 5, it is clearly mentioned that the persons will be considered as citizens of the territory of India, which ensures that there would be only single citizenship. The citizenship of Indians is largely determined by the principle of jus sanguinis ( i.e. the citizenship is based on the citizenship of the parents).
1.19. FUNDAMENTAL DUTIES
Article 51A of the Indian Constitution provides various fundamental duties. There are no specific provisions to enforce fundamental duties in the Courts like the fundamental rights but it is also necessary to follow the fundamental duties. In the case of AIIMS Student Union vs AIIMS, it was held that the fundamental duties are equally important as the fundamental rights
1.20. JUDICIAL REVIEW
The concept of judicial review is an essential feature of the Constitution which helps the constitution to work properly. The judiciary is considered to be the guardian of the constitution, thus it is the duty of the judiciary to check the actions that are violative of various articles in the Constitution. The actions of various organs of the government like executive and legislature can be questioned by the judiciary using the judicial review. The judicial review is an important check and balances in the separation of powers. The court that is authorized with the power of judicial review can invalidate any act that is violative of the various basic features of the Constitution. Article 32 and Article 136 of the Indian Constitution are the articles related to the judicial review in the Supreme Court. Article 226 and Article 227 are related to the judicial review in the High Court.
Labels : #constitutionallawI ,