Indian Constitution

About Constitution

• It is the highest legal authority which binds the legislative, executive, and judicial organs of government.
• The Constitution presents all citizens Fundamental Rights and empowers the independent judiciary to invalidate law or government moves which violate the Constitution.

Evolution of the Indian Constitution

• 1935: The Government of India Act, 1935, served as the basis for the current charter but lacked provisions for a sovereign democratic republic.
• 1946: The Constituent Assembly was structured through oblique elections under the Cabinet Mission Plan.
  • 9 December 1946: The Assembly held its first assembly.
  • Membership: Initially 389 members, decreased to 299 after Partition.
  • Leadership: Sachchidananda Sinha served as intervening time President of the Assembly before Rajendra Prasad turned into officially appointed as President of the constituent assembly.
• 1947–1949: The Drafting Committee, chaired by Dr. B.R. Ambedkar was established in August 1947, to put along the draft Constitution. The Draft Constitution was deliberated over eleven classes, spanning 2 years, 11 months, and 18 days.
  • 26 November 1949: Indian Constitution was adopted by the Constituent Assembly on 26 November 1949, that means it was formally familiar and agreed upon through the Assembly members.
• 1950: The Constitution was enforced on 26 January 1950.
  • Here, enforced means while the adopted regulation or constitution comes into force or was operational.

Key Features of the Indian Constitution

• • Lengthiest Written Constitution: The Indian Constitution is the world’s lengthiest, in the beginning comprising a Preamble, 395 Articles (22 Parts), and 8 Schedules. Over time, it multiplied to more than 470 Articles (25 Parts) and 12 Schedules.
  • Blend of Rigidity and Flexibility: The Constitution is a completely unique blend of stress and versatility. Amendments may be made through simple majority, unique majority, or with nation ratification, balancing adaptability with the protection of fundamental principles.
  • Federal System with Unitary Features: India’s Constitution establishes a federal structure with two levels of government—Union and State. but, unitary capabilities like a robust center, single citizenship, and emergency provisions make it a “quasi-federal” system.
  • Parliamentary System of Government: The Constitution follows the British parliamentary version, presenting a nominal head of nation and De-jure authority (President) and an actual executive and De-facto authority (Prime Minister) responsible to the legislature. This system is implemented at both central and state levels.
  • Fundamental Rights and Duties: Part-III enshrines six fundamental rights, along with the right to equality, freedom, and constitutional remedies etc. Part-IV-A, introduced in 1976, outlines 11 fundamental duties, reminding citizens of their responsibilities to the nation.
  • Directive Principles of State Policy: Inspired by the Irish Constitution, those non-justiciable concepts (means they can not be enforced by courts) in Part-IV manual the state  to promote social justice, financial welfare, and equitable development.
  • Secularism: India is a secular state, ensuring equal admiration for all religions without endorsing any as the state religion, fostering concord in various societies.

• Integrated and Independent Judiciary:

• • Integrated judiciary: It means the judiciary is a unified system with the Supreme Court on the top, followed by High Courts and subordinate courts. This structure guarantees a single, cohesive legal framework for the whole country.
  • Independent Judiciary: The Indian judiciary operates independently of the government and legislature, ensuring impartiality in its decisions. The independence is safeguarded by provisions like security of tenure for judges and economic autonomy for the judiciary.

Issues

• Centralization of Power: While the Constitution envisions a federal structure, the valuable authorities frequently wield overriding authority. The frequent invocation of Article 356 (President’s Rule) to disregard state governments, sometimes for political motives, underscores this centralization.
• Length and Complexity: The Indian Constitution, with 470 Articles and 12 Schedules, is the longest globally, making it particularly specific but also complex.
• Judicial Overreach and Independence: The judiciary safeguards constitutional values, but cases of judicial overreach and government have an impact on enhancing issues. Experts considered the placing down of the NJAC (2015) as an act of judicial overreach.
• Secularism Under Stress: India’s secular ethos faces challenges due to political and religious influences. The Shah Bano case (1985) found tensions between secular laws and religious identity, as political decisions overturned a progressive verdict.
• Fundamental Rights and National Security: Balancing civil liberties with national security remains a sensitive issue.
• Challenges in Implementing Directive Principles: The Directive Principles of State Policy intention to promote social welfare, but their non-justiciable nature regularly results overlook.
• Basic Structure Doctrine and Constitutional Amendments: While the Kesavananda Bharati case (1973) delivered the Basic Structure Doctrine to protect constitutional concepts, it also created ambiguity about which functions qualify as “basic structure.” This ambiguity frequently ends in conflicts between the judiciary and legislature.

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