Constitution of India – a supreme Indian law – was enacted in 1950. This document lays the foundation for political principles, government procedures and powers, as well the basic rights and duties of its citizens. The Constitution of India is the cornerstone document for democratic governance and democracy in the country.
1. History
The Pre-Constitutional Period
- Several laws and regulations were introduced by the British colonial government.
- Government of India Act, 1935 was an important step in establishing limited self-governance.
1.2 Constituent Assembly
- In 1946 the Constituent Assembly, headed by Dr. B.R. Ambedkar, who was also the draftsman of the Constituent Assembly.
- Two years, eleven months, and 18 days were required by the Assembly to draft the constitution.
2. Key Features
Details and Length
- Indian Constitution, which has over 450 article divided in 25 parts with 12 schedules.
Supremacy and the Constitution
- The Constitution is supreme law in the country.
- The Constitution allows for the declaration of unconstitutionality.
2.3 Fundamental Rights
- In articles 12 to35, fundamental rights are guaranteed, including equality before the laws, freedom of speech and protection from any discrimination.
2.4 Principles Directives of State policy
- The DPSP outline is found in the articles 36 to 51. They are directives for policy aimed at achieving socio-economic equity.
2.5 Federal Structure
- India has a semi-federal government, which divides powers between central and state governments.
3. Rights and Duties Fundamentals
3.1 Fundamental Rights
- The constitution provides six rights fundamentals that can’t be removed arbitrarily.
- 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 to 28,
- Cultural and Educational Rights
- Article 32: Right to Constitutional Remedy
3.2 Fundamental Duties
- These duties, enshrined at Article 51A of the Constitution, encourage citizens to protect the environment and promote harmony.
4. Amendements
The Amendment Process
- You can amend the Constitution by:
- The Parliament can pass laws by simple majority.
- Majority of Parliament by special majority
- Ratification of half the legislatures.
The Notable Changes
- First Amendment (1951).In the interests of order and morality, restrictions were imposed on freedom of speech.
- Forty Second Amendment (1976).: Known as the "mini-constitution," it made drastic changes, including the addition of the DPSP in the fundamental rights domain.
- One Hundred First Amendment (2020).Introduction of 10% reservations for the economically weaker groups in jobs and education.
5. Judiciary
5.1 Structure
- The Supreme Court is the highest court, followed by High Courts of justice and other subordinate courts.
5.2 Role
- It is the judiciary that protects fundamental rights, checks the legislative and executive powers and ensures judicial review.
6. Important of the Constitution
6.1 Legal Framework
- In India, the Constitution is the cornerstone of the legal system.
- This act provides for the legal foundation of governance, and it protects citizen’s rights.
6.2 Governance Framework
- The Constitution defines the government’s structure, its powers and limits.
National Integration
- Encourages unity and integration among culturally, linguistically, and religiously diverse groups.
Social Justice
- Aims at eliminating social inequality and ensuring justice for all citizens.
7. Critiques and Challenges
The Implementation Issues
- There are still challenges to the implementation of the rights and obligations despite this robust framework.
7.2 Political Misuse
- It has been argued that the Constitution’s provisions have been abused for political purposes.
7.3 Judicial Backlog
- The backlog in court cases can cause a significant delay to the justice system.
8. You can also read our conclusion.
India’s Constitution stands out as a testimony to its commitment to justice, equality and democracy. The Constitution of India is more than a document that governs India. It’s a guide to help navigate the country through all its complexity. To uphold the tenets of this document and to tackle any remaining challenges, it is necessary to make continuous efforts.
FAQs
1. What does the Preamble of India’s Constitution mean?
The preamble is the introduction to the Constitution, stating the principles that guide it. The Preamble encapsulates justice, freedom, equality and fraternity as core values.
2. How can India’s Constitution be amended?
The amendments are made with a simple majority, a special minority in the Parliament and sometimes require at least half of all state legislatures to ratify them.
3. What is the role of the Indian President in the Constitution
The head of the state is a ceremonial position. He plays a key role in the Legislature, which includes summoning and proroguing the Parliament session and assenting to Bills.
4. Why is it considered that the Constitution is a “living document”?
It is a living document if it has the ability to adapt over time to new developments through amendments, interpretations and judicial decisions.
5. What is the limit of fundamental rights?
In certain cases, the fundamental rights can be curtailed by law, for instance, if they are incompatible with public order or morality.
6. Who is known as the "Father of the Indian Constitution"?
Dr. B.R. Ambedkar is widely regarded as the "Father of the Indian Constitution" due to his pivotal role in drafting it.
7. What is Basic Structure doctrine?
In accordance with the Supreme Court’s Basic Structure Doctrine, certain basic features of the Constitution are not subject to change or destruction by changes made by Parliament.
8. How does the Constitution advance social justice
In order to promote justice and equality, the Constitution contains provisions on affirmative action as well as certain reservations.
9. Can a citizen challenge the constitution of a law or enactment?
Article 32 of the Constitution gives the citizens a right to petition the Supreme Court in order to enforce their rights. They can also challenge laws they perceive as being unconstitutional.
10. What are some of the directive principles of state policy?
These Directive Principles of State Policy (Articles 36-51) are guidelines that the government can use to improve social and economic well-being. They are important for the government of the country, even though they do not have a legal basis.
This article gives a comprehensive overview of India’s Constitution, emphasizing its importance in Indian society and its various aspects.
