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This article is written by Aahna Upadhyay of 1st Semester of Lloyd Law College, Greater Noida, an intern under Legal Vidhiya

Abstract

The Indian Constitution is one of the most comprehensive and distinctive governing documents in the world. This research study plunges into the Indian Constitution’s origins, evolution[1], and essential characteristics, giving light to its historical relevance and role in building India’s democratic framework. The work discusses among other things, the Preamble, Fundamental Rights, Directive concepts of State Policy, and the separation of powers, stressing the core concepts that drive this peculiar constitution. The Indian Constitution is the supreme law of the country. It sets the essential values of politics, policies, processes, authorities, rights, and duties of the government. It imparts constitutional supremacy rather than parliamentary supremacy because it is established by a constituent assembly and adopted by its citizens, as stated in the preamble. The Indian Constitution is the world’s longest constitution. It began with three ninety-five items divided into twenty-two segments and eight schedules. It is the world’s second-largest operational constitution, with over 145,000 words. It now includes a preamble, twenty-five sections with twelve schedules, five appendices, four forty-eight articles, and one hundred and five amendments

Keywords: Amendments, Evolution, Constitution, Fundamental rights, directive principle, democracy, fundamental rights, secularism, federalism, judicial review, and social justice.

Introduction

The Indian Constitution is a distinctive document that acts as the country’s supreme legislation, directing governance and ensuring citizens’ rights and duties. It is one of the world’s longest and most thorough written constitutions, having been adopted on January 26, 1950. The Indian Constitution was drafted by a Constituent Assembly comprised of members from many areas, communities, and backgrounds, and it embodies the Indian nation’s ambitions and diversity. This constitution is profoundly rooted in the history, culture, and political evolution of India. It draws inspiration from a variety of sources, including the Preamble’s ideas of justice, liberty, equality, and fraternity, which serve as the nation’s guiding ideology. It also contains aspects from many worldwide constitutional models, such as federalism from the US, parliamentary democracy from the UK, and fundamental rights from the Universal Declaration of Human Rights.

Objectives

The primary goal of this research paper is to serve as a comprehensive study of the concept of a constitution. The study’s particular goals are as follows:

  1. Definition and Understanding
  2. Historical Evolution
  3. Constitutionalism and Rule of Law

Historical Background

The Indian Constitution’s historical basis is a rich and multidimensional story that can be traced back to various major events and influences. Understanding this setting is essential for appreciating the environment in which the Indian Constitution was drafted. Here is an outline of the Indian Constitution’s historical context:

  1. Early Colonial Rule (17th–18th Centuries):
  • In the early 17th century, the British East India Company established trading operations in India.
  • By the mid-eighteenth century, the corporation had established major authority over various regions of India, mostly through alliances, diplomacy, and military power.
  1. Acts of Regulation (18th – 19th Century):
  • The Regulating Acts of 1773 and 1784 were the first attempts by the British Parliament to govern the East India Company’s affairs.
  • This legislation established a centralized administrative structure and a style of government that was responsive to British interests.
  1. Act of the Government of India of 1858:
  • Following the Indian Rebellion[2] of 1857, the British Crown took direct control of India with the passage of the Government of India Act of 1858.
  • This act signalled the end of the East India Company’s rule and the start of direct British colonial rule, with the British monarch as the ultimate authority.

Constituent Assembly

The Constituent Assembly of India was a momentous and significant body that was founded to draft India’s Constitution, which would serve as the highest law of the newly independent nation. It was founded on December 9, 1946, as part of the Cabinet Mission Plan, a British government proposal to ease India’s transition to self-government. The Constituent Assembly was formed as a direct result of the need for a constitution to steer the nation’s destiny after decades of British colonial control.

  • Formation and composition

The Constituent Assembly was made up of 389 members who represented India’s diverse demographics and regions. These members were selected by indirect elections and came from a variety of backgrounds, including numerous religious, linguistic, and cultural communities. The Assembly’s makeup was designed to ensure that all parts of Indian society were represented in the constitution-making process.

  • Dr B.R. Ambedkar’s Role

Dr  B.R Ambedkar played a peculiar and substantial part in India’s Constituent Assembly, leaving a profound mark on the Indian Constitution’s formulation. His legal acumen, commitment to social justice, and imaginative approach to governance distinguished his achievements. Dr Ambedkar was instrumental in developing the section on Fundamental Rights in the Constitution. His insistence on including fundamental rights, inspired by the values of liberty and equality, provided the groundwork for India’s protection of individual liberties and civil liberties.

  • Challenges faced by the Constituent Assembly

During its discussions and proceedings, the Constituent Assembly of India, which was burdened with the colossal task of establishing the nation’s constitution, experienced various problems. These difficulties were not just logistical, but also philosophic and ideological in origin, reflecting the diverse and complicated nature of newly independent India. The Constituent Assembly confronted the following key challenges: Diverse Population, Communal Tensions, Integration of Princely States, etc. Despite these daunting hurdles, the Constituent Assembly successfully produced the Indian Constitution, which was enacted on January 26, 1950, heralding the foundation of the Republic of India. The assembly members’ devotion to democracy, justice, and social equality, as well as their capacity to negotiate complicated challenges, established the groundwork for India’s democratic governance and abiding commitment to constitutional values.

 Preamble

The Preamble to the Indian Constitution is a brief yet significant statement that acts as an introduction to the Constitution itself. It encapsulates[3] the guiding concepts, ideals, and goals that the Indian Constitution’s authors envisioned for the newly independent nation. The Preamble establishes the philosophical and moral framework for the whole Constitution, and it is extremely important in developing India’s democratic governance and ideals. The Preamble to a Constitution is an essential valuable declaration that encapsulates the fundamental concepts, beliefs, and goals upon which a nation’s whole constitutional structure is founded. The relevance of the Preamble to the Indian Constitution is multidimensional, and it plays a vital role in establishing the country’s government, interpretation of laws, and national identity.

Significance of Preamble

The Preamble to the Indian Constitution is a meaningful and living statement that explains the essence of the Indian democratic system, not just a ceremonial introduction. It reflects the people’s collective will and goals, serving as a moral compass for the country’s governance and a source of inspiration for its population. The relevance of the Preamble rests in its power to remind us of the fundamental ideals upon which our democracy is founded, as well as to lead us in respecting these principles in our daily lives and the conduct of our nation’s affairs.

Fundamental Rights

Fundamental rights constitute fundamental human liberties guaranteed by a country’s constitution that defend individual freedoms and dignity. These rights often encompass freedoms of expression, religion, and assembly, as well as equality, life, and privacy. They also include the right to a fair trial, the absence of discrimination, and protection from harsh and unusual punishment. Fundamental rights protect citizens against government abuse, promote social fairness, and defend the rule of law. They are essential for a democratic society, as they create individual autonomy and a just and equitable society in which everyone can live with dignity and freedom.

  • Right to Equality

One of the fundamental rights enshrined in the Indian Constitution is the right to equality. It is enshrined in Articles 14 to 18 of the Constitution and assures that all citizens are treated equally in the eyes of the law and are protected from discrimination. It is a basic component of the Indian Constitution, and it is critical in ensuring that all citizens are treated fairly, without discrimination, and have equal access to state opportunities and benefits. It is a pillar of India’s dedication to a just and equitable society. Several major decisions in India have been critical in interpreting and defending this right.

Directive Principles of State Policy

Definition and Purpose

The Directive Concepts of State Policy (DPSP) is a set of norms and concepts specified in the constitutions of many democratic countries, including India. These principles, unlike fundamental rights, are not legally enforceable, but they serve as a moral and ethical guide for the government. While Directive Principles are significant in guiding the government’s policies and actions, they are not legally enforceable in a court of law. They do, however, provide inspiration and a framework for creating legislation and government policies to establish a just and equitable society. The precise content and emphasis of Directive Principles may differ from country to country due to differences in constitutions and social, economic, and political settings. It is vital to emphasize that DPSP implementation necessitates a comprehensive and coordinated effort from all branches of government, civil society, and the general public. While these principles are not legally binding, they serve as a framework for policymakers to work toward the people’s social and economic well-being.

Separation of Powers

The Indian Constitution outlines a structure of government that embraces the principle of separation of powers, though not as strictly as in certain other countries such as the United States. The Indian Constitution’s separation of powers is based on the Montesquieuian model[4], which divides government authorities into three branches: the legislature, the executive, and the judiciary. The Indian Constitution implements the principle of separation of powers as follows:

Executive, Legislature, and Judiciary

  1. Legislature:
  • The legislative branch is in charge of enacting legislation. The Rajya Sabha (Council of States) and the Lok Sabha (House of the People) are the central houses in India. Similar legislative bodies exist at the state level.
  • Members of the legislative branch (Members of Parliament or Legislative Assemblies) are elected by the people in elections held regularly.
  1. Executive:
  • The executive branch is in charge of enforcing and executing legislation. It is led by the President at the federal level and the Governor at the state level, though the Prime Minister and Chief Minister have genuine executive power.
  • The executive branch is responsible for enforcing and carrying out legislation. It is led at the federal level by the President and at the state level by the Governor, though the Prime Minister and Chief Minister have true executive power.
  1. Judiciary:
  2. The judiciary is in charge of interpreting and enforcing the Constitution and the laws of the land. It ensures that the other two branches (legislative and executive) do not exceed their constitutionally mandated powers.
  3. The judiciary interprets and enforces the Constitution and the laws of the land. It ensures that the other two branches (legislative and executive) do not go above and beyond their legally designated powers.

While the Indian Constitution emphasizes the separation of powers, it also acknowledges that some overlap and interaction between the branches is required for effective governance. For example, the President, as a member of the executive, participates in the legislative process by assenting to bills enacted by Parliament. Members of the executive (Ministers) are also drawn from the legislature.

Furthermore, the Indian Constitution provides for a system of checks and balances to prevent any one branch from becoming overly strong. This ensures that accountability and oversight norms are upheld even as the branches collaborate to run the country.

Check and Balance

Checks and balances are a fundamental element of democratic democracy that ensures no single branch of government grows overly strong. These checks and balances are formed among the three departments of government in most democratic countries, including the United States: the Executive, the Legislature, and the Judiciary. Here’s how each branch balances out the others:

  1. Executive Branch:
  • Veto Power: The executive branch (usually the president or prime minister) has the authority to veto legislation passed by the legislative. This means that if the president disagrees with a bill, he or she has the authority to refuse to sign it into law. The legislature, on the other hand, can overrule a presidential veto with a two-thirds majority vote.
  • Appointments: The executive appoints judges and critical positions within the executive branch. The legislature can review these appointees through a confirmation process. If the legislature rejects an appointment, the administration may be unable to fill the office with their preferred candidate.
  1. Legislative Branch:
  2. Lawmaking: The legislative (such as Congress in the United States) makes and passes legislation. This legislative function balances the executive since it can pass laws that limit or regulate the executive branch’s actions.
  3. Impeachment: The legislative frequently has the authority to impeach and remove the executive branch’s head (e.g., the president) for misconduct or abuse of power. This acts as a strong check on the executive’s actions.
  4. Judicial Branch:
  5. Judicial Review: The judiciary (judges and courts) has the power of judicial review, which empowers it to review and declare unlawful legislation and executive actions. This serves as an important check on both the executive and legislative governments.
  6. Law Interpretation: The judiciary interprets and applies laws, ensuring that the other branches follow the Constitution and established legal principles. They have the authority to overturn laws or executive actions that contradict these values.

These checks and balances are intended to prevent any one branch of government from gaining undue power or exceeding its jurisdiction. They advocate for a government in which each part acts autonomously, but they also rely on cooperation and compromise to function effectively. In this way, they contribute to the preservation of the separation of powers and the protection of citizens’ rights and liberties.

Independence of the Judiciary

The independence of the judiciary is a vital value incorporated in the Indian Constitution to ensure the administration of justice is fair and unbiased. It is essential for supporting the rule of law, defending individual rights, and preserving the separation of powers among the three institutions of government: the legislative, the administration, and the judiciary. The Indian Constitution has many articles and processes to protect the judiciary’s independence:

  1. Separation of Powers: The Constitution establishes a strict division of powers among the three branches of government, with each having separate roles and responsibilities. The judiciary is in charge of interpreting and upholding the law, ensuring that the legislative and executive branches do not violate individual rights or exceed their power.
  2. Security of Tenure: In India, judges of the Supreme Court and High Courts have tenure security. They can only be removed through the impeachment process, which is a rigorous and time-consuming procedure requiring a two-thirds majority in Parliament based on demonstrated wrongdoing or incapacity. This rule protects judges from political pressure or unlawful removal.
  3. Salaries and Allowances: Judges salaries and allowances are set by law and are charged to the Consolidated Fund of India. This financial independence means that judges are not swayed by money concerns and can make objective judgements.

Federal Structure

Union and State

The division of power in the Indian Constitution between the Union (central) government and the state governments is a vital feature of India’s federal system. This division of authorities is detailed in the Constitution’s Seventh Schedule, which has three lists:

  1. Union List (List I): This list comprises subjects over which only the Union government has legislative authority. These subjects are solely within the control of the central government. The Union List includes topics like as defence, international affairs, currency, finance, atomic energy, and telecommunications.
  2. State List (List II): This list comprises topics on which only state governments can pass legislation. These issues are solely the responsibility of state governments. The State List includes themes such as police, public health, agriculture, education, and local government.
  3. Concurrent List (List III): This list comprises subjects on which both the Union and state governments have the authority to pass legislation. Both levels of government can legislate on certain issues, but in the event of a conflict, Union legislation takes precedence. The Concurrent List includes areas such as criminal law, marriage, bankruptcy, and education.

In addition to these three lists, the Union government has residuary power[5], which empowers it to legislate on issues not specifically listed in any of the lists. This is necessary to ensure that the Union government can address any subject not specifically covered by the lists.

The separation of powers between the Union and state governments is intended to balance a strong central authority and state autonomy. This federal system promotes collaboration and coordination among the many levels of government while protecting the interests of both the federal government and the states. The Constitution provides for procedures such as the Inter-State Council and the Judiciary to address disputes or conflicts regarding legislative jurisdiction.

Cooperative federalism

Cooperative federalism is a notion in federal systems of government in which the federal and state governments collaborate to handle common concerns and achieve shared goals. Cooperative federalism is not officially specified in the Indian Constitution, although the Constitution does create a framework that encourages cooperation between the national and state governments.

Various structures, such as the National Institution for Transforming India (NITI Aayog), which replaced the Planning Commission, have been used to practice cooperative federalism over the years. NITI Aayog functions as a forum for communication and collaboration between the federal and state governments on economic planning and development concerns.

Emergency Provision

The Indian Constitution has provisions for dealing with emergencies. There are three types of emergencies:

(1) National Emergency, declared when India’s security or integrity is threatened by war, external aggression, or internal unrest

(2) State Emergency (President’s Rule), declared when a state government fails to function by constitutional norms

(3) Financial Emergency, declared when a severe financial crisis occurs. On the advice of the Cabinet, the President may proclaim certain emergencies. During an emergency, the central government is granted extraordinary powers, including suspending certain fundamental rights. These measures are critical for maintaining the nation’s stability and safeguarding democratic norms during times of crisis.

Amendment Process

  • Article 368

The basis for modifying the Indian Constitution is provided by Article 368 of the Indian Constitution. It lays out the methods and prerequisites for changing the fundamental law of the land. The amendment procedure can be launched by either House of Parliament and must be approved by a special majority, which is a two-thirds majority of those present and voting. Furthermore, certain revisions, such as those affecting federalism or the President’s authority, require the approval of a majority of the states. Article 368 also distinguishes between regular revisions and those that undermine basic constitutional aspects such as federalism, secularism, or citizens’ fundamental rights. Fundamental modifications must be approved by at least half of the states. This provision ensures that the Constitution adapts to changing times while simultaneously protecting its essential ideals. In summary, Article 368 serves as the constitutional process for modifying the Indian Constitution, balancing flexibility with the preservation of essential values.

  • Landmark Amendment

Since its adoption in 1950, the Indian Constitution has been amended multiple times. Among the significant revisions to the Indian Constitution are:

The First Amendment (1951) included various clauses concerning freedom of speech and expression, reasonable restrictions on freedom of speech, and additional grounds for restricting freedom of speech, such as public order, defamation, and incitement to an offence.

The Seventh Amendment (1956) dealt with the linguistic reorganization of states. This modification resulted in the establishment of new states and union territories.

The Twenty-Fourth Amendment (1971) strengthened Parliament’s jurisdiction to change the Constitution, including fundamental rights, by removing any questions about its authority.

The Forty-Second Amendment (1976) was one of the most thorough and contentious amendments. It inserted the words “Socialist,” “Secular,” and “Integrity” into the Constitution’s Preamble. It also restricted fundamental rights during times of emergency and lengthened the terms of the Lok Sabha and state legislatures.

The One Hundred and First Amendments (2016) established the Goods and Services Tax (GST), which was a substantial reform in India’s indirect taxation structure, replacing several state and central levies with a single, unified GST.

These are only a few of the important changes to the Indian Constitution. There have been countless other revisions dealing with various issues of governance, representation, and citizen rights. Amendments are required to adapt the Constitution to Indian society’s changing needs and ambitions.

  • Challenging in amending the Constitution

Because of its rigorous and comprehensive nature, amending the Indian Constitution is a complex and difficult process. Because of its length, federal structure, diversified population, political dynamics, judicial monitoring, and the need to harmonize historical values with present demands, altering the Indian Constitution is a daunting task. It necessitates a careful balancing of legal, political, and social issues.

Global Influence

The ideas of democracy, fundamental rights, secularism, federalism, judicial review, and social justice embodied in the Indian Constitution have had a long-lasting impact on world government and the preservation of individual rights. It is still a source of inspiration for countries attempting to develop and sustain democratic and inclusive communities.

Inspiration to Other Nation

The Indian Constitution serves as a source of inspiration for nations all over the world. It was created in 1950 to embody the spirit of democracy, justice, and equality, and it serves as a model for nations attempting to construct strong government systems. One of its most noteworthy features is its openness. This Constitution provides representation and protection to India’s varied population, which includes different languages, religions, and cultures. It has shown the power of unity in diversity, serving as an example for other countries facing comparable issues. The Indian Constitution also respects the concepts of social justice and fundamental rights, ensuring equality before the law and protection from discrimination for its residents. Comparative analysis with other constitutions

Conclusion

In the end, I’d like to conclude that the Indian Constitution is a major and complex text that shapes India’s governance and legal structure. The Indian Constitution has been studied in depth, including its historical context, drafting process, significant characteristics, changes, and impact on the country’s political, social, and global landscape. The Indian Constitution, with its rich historical roots, distinct features, and adaptability, has played a critical role in shaping modern India’s democratic fabric. Its ideas of justice, liberty, equality, and fraternity continue to lead the nation in its pursuit of social harmony and progress.

References

  1. https://www.bing.com/ck/a?!&&p=175bdf1a6e1a33aeJmltdHM9MTY5NjQ2NDAwMCZpZ3VpZD0xZjhhMThjNS05Mzg2LTYxYjctMDQzYi0wOWE3OTJlNzYwZWUmaW5zaWQ9NTIwOQ&ptn=3&hsh=3&fclid=1f8a18c5-9386-61b7-043b-09a792e760ee&psq=The+Indian+Constitution+is+a+distinctive+document+that+acts+as+the+country%27s+supreme+legislation%2c+directing+governance+and+ensuring+citizens%27+rights+and+duties.+It+is+one+of+the+world%27s+longest+and+most+thorough+written+constitutions%2c+having+been+adopted+on+January+26%2c+1950.+The+Indian+Constitution+was+drafted+by+a+Constituent+Assembly+comprised+of+members+from+many+areas%2c+communities%2c+and+backgrounds%2c+and+it+embodies+the+Indian+nation%27s+ambitions+and+diversity.&u=a1aHR0cHM6Ly9ieWp1cy5jb20vZnJlZS1pYXMtcHJlcC9zb3VyY2VzLW9mLWluZGlhbi1jb25zdGl0dXRpb24v&ntb=1  (02-10-23)
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  3. https://www.bing.com/ck/a?!&&p=bfee1d15dbcc544cJmltdHM9MTY5NjQ2NDAwMCZpZ3VpZD0xZjhhMThjNS05Mzg2LTYxYjctMDQzYi0wOWE3OTJlNzYwZWUmaW5zaWQ9NTIzNA&ptn=3&hsh=3&fclid=1f8a18c5-9386-61b7-043b-09a792e760ee&psq=The+Constituent+Assembly+of+India+was+a+momentous+and+significant+body+that+was+founded+to+draft+India%27s+Constitution%2c+which+would+serve+as+the+highest+law+of+the+newly+independent+nation.+It+was+founded+on+December+9%2c+1946%2c+as+part+of+the+Cabinet+Mission+Plan%2c+a+British+government+proposal+to+ease+India%27s+transition+to+self-government.+The+Constituent+Assembly+was+formed+as+a+direct+result+of+the+need+for+a+constitution+to+steer+the+nation%27s+destiny+after+decades+of+British+colonial+control.+%e2%80%a2%09Formation+and+composition+The+Constituent+Assembly+was+made+up+of+389+members+who+represented+India%27s+diverse+demographics+and+regions.+These+members+were+selected+by+indirect+elections+and+came+from+a+variety+of+backgrounds%2c+including+numerous+religious%2c+linguistic%2c+and+cultural+communities.+The+Assembly%27s+makeup+was+designed+to+ensure+that+all+parts+of+Indian+society+were+represented+in+the+constitution-making+process.+&u=a1aHR0cHM6Ly9ibG9nLmlwbGVhZGVycy5pbi9tYWtpbmctY29uc3RpdHV0aW9uLWluZGlhLWRldGFpbGVkLWFuYWx5c2lzLw&ntb=1  (03-10-2023)
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  5. https://www.bing.com/ck/a?!&&p=4ecd08875a7c0a87JmltdHM9MTY5NjQ2NDAwMCZpZ3VpZD0xZjhhMThjNS05Mzg2LTYxYjctMDQzYi0wOWE3OTJlNzYwZWUmaW5zaWQ9NTE4Nw&ptn=3&hsh=3&fclid=1f8a18c5-9386-61b7-043b-09a792e760ee&psq=5.%09Appointment+Process%3a+The+appointment+process+for+Supreme+Court+and+High+Court+judges+is+intended+to+protect+the+judiciary+from+political+meddling.+A+collegium+system+of+senior+judiciary+judges+recommends+appointments+and+transfers%2c+which+are+then+normally+accepted+by+the+President+of+India.+This+approach+is+intended+to+ensure+that+eligible+individuals+are+appointed+based+on+merit+and+judicial+competence.+7.+Federal+Structure++++++++++++++++7.1+Union+and+State+The+division+of+power+in+the+Indian+Constitution+between+the+Union+(central)+government+and+the+state+governments+is+a+vital+feature+of+India%27s+federal+system.+This+division+of+authorities+is+detailed+in+the+Constitution%27s+Seventh+Schedule%2c+which+has+three+lists%3a+1.%09Union+List+(List+I)%3a+This+list+comprises+subjects+over+which+only+the+Union+government+has+legislative+authority.+These+subjects+are+solely+within+the+control+of+the+central+government.+The+Union+List+includes+topics+like+as+defence%2c+international+affairs%2c+currency%2c+finance%2c+atomic+energy%2c+and+telecommunications+&u=a1aHR0cHM6Ly9ibG9nLmlwbGVhZGVycy5pbi9qdWRpY2lhbC1hcHBvaW50bWVudHMtaW4taW5kaWEtYW5kLW90aGVyLWNvdW50cmllcy8&ntb=1 (03-10-2023)

[1] Evolution- the process by which different kinds of living organism are believed to have developed from earlier forms during the history of the earth.

[2] Rebellion- an act of armed resistance to an established government or leader

[3] Encapsulates- express the essential features of (something) succinctly

[4] Montesquieuian model-Montesquieu developed and analysed the three main forms of government: republic, monarchy, and despotism, arguing that there must be a separation and a balance between the different powers in order to guarantee individual rights and freedoms.

[5] residuary power- is a power retained by a governmental authority after certain powers have been delegated to other authorities


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