What is Constitution of India and its features
India is a union of states. It is an independent sovereign socialist democratic republic with a parliamentary system of government. The republic is governed according to the Constitution of India, which was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950. The constitution provides for a parliamentary form of government whose structure is federal with certain unitary features. The constitutional head of the central executive is the President.
- What is Constitution of India and its features
- Definition of Indian Constitution
- Constituent Assembly and making of constitution
- Basic Values of Indian Constitution
- Salient features of Indian Constitution
- 1. Largest Constitution –
- 2. Establishment of Sovereign Democratic Republic –
- 3. Socialism and Secularism-
- 4. The emergence of parliamentary form of government-
- 5. Fundamental Rights-
- 6. Fundamental Duties-
- 7. Directive Principles of State Policy-
- 8. Coordination of Rigidity and Flexibility-
- 9. Adult voting rights
- 10. Single citizenship
Definition of Indian Constitution
- Indian Constitution is the pillar of our country. Constitution of India is called Bhartiya Savidhan also it is the supreme law of India.
- In its under limit boundaries of political procedure, structure, powers and functions and duties of government.
- In the constitution government set-ups all fundamental rights and duties, directive principles and duties of citizens. Indian constitution is longest written constitution in the world.
- In 1928 the all Parties conference directed a committee in Lucknow to prepare the constitution of India, which was known as the ‘Nehru Report’. In this report, The independent India’s constitution have mentioned right to equality, right to independence, Universal Adult Voting Rights and right to protect minorities.
Constituent Assembly and making of constitution
- Assembly of elected public representatives Works to write a huge document called the constitution, it comes from the Constituent Assembly.
- The constitution was drafted by the constituent assembly, which was elected by elected members of the provincial assemblies.
- Elections to the Indian Constituent Assembly were held in July 1946.
- The first meeting of the Constituent Assembly was held in December 1946, after which the country was divided into two parts, India and Pakistan. Therefore, the Constituent Assembly was also divided into two parts, the Constituent Assembly of India and the Constituent Assembly of Pakistan.
- Initially, the total number of members of the Constituent Assembly was 324. On 31 October 1947, the Constituent Assembly was reorganized and on 31 December 1947, its number of members decreased to 299.
- 22 Januari 1947 After the acceptance of the objective proposal, the Constituent Assembly appointed a number of committees for the formulation of the constitution. Chief among these were Negotiations Committee, Union Constitution Committee, Provincial Constitution Committee, Union Power Committee and Drafting Committee. The chairman of the drafting committee was Dr. BR Ambedkar.The drafting committee presented its report to the Constituent Assembly on 21 February 1948 after discussing the draft of the constitution.The Constitution of India became ready by the Constituent Assembly on 26 November 1949.
- Dr. BR Ambedkar was a Wiseman and he was constitutional expert. He had studied constitutions of 60 countries. Dr.BR Ambedkar is known as ‘Father of the Indian constitution’.
The construction process of the Indian constitution took a total of 2 years 11 months and 18 days and about 6.4 crores was spent on this work.
When the constitution was adopted by the Constituent Assembly on 26 November 1949,At its enactment it had a complete 22 parts, 395 articles and 8 schedules and 1,45,000 words. It is the second largest active constitution after the constitution of Alabama in the world. The constitution has a preamble, 470 articles which are grouped into 25 parts and 12 schedules and 5 appendices. It has been amended 104 Times. The Latest amendment became on 25 January 2020. Indian constitution came into force on 26 January 1950, Republic Day is celebrated every year on 26 January in memory of this day.
Basic Values of Indian Constitution
1. The values which inspired and gave directions to the Indian freedom struggle and those which were tested in this order, it was included in the Preamble of the Indian Constitution, which became the basis of Indian democracy.
2. The basic values of the Indian Constitution begin with a small mandate. It is called the Preamble to the Constitution, in which the soul of the Indian Constitution dwells.
Preamble of the Indian constitution
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity,
and to promote among them all,
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this 26th day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
3. ‘We the people of India’ mentioned in the preamble mean that the Constitution of India and the Act have been made by the people of India through their representatives and not by any king or outsider.
4. ‘Sovereign’ implies that people have the highest right to take decisions in every matter related to them. No external power can give orders to the Government of India.
5. ‘Socialist’ means that wealth arises in the society collectively and it should be divided in the society with equality. how should the government make laws related to the entitlement of land and industry businesses, that reduces social,economic inequalities.
6. ‘Secular’ means that citizens have complete freedom to believe in any religion but no religion is official. The government gives equal respect to all religious beliefs and stages.
7. ‘Democratic’ means a form of government in which People enjoy equal political rights, people elect their rule and make them answer, this government conforms to some basic rules.
8. ‘Republic’ means that the head of the government will be a person chosen by the people and not a dynasty of the royal family.
9. ‘Justice’ means that citizens cannot be discriminated against on the basis of their caste, religion and gender.
10. ‘Freedom’ means there is no unreasonable restriction on how citizens should think and express their thoughts and how to mind their thoughts.
11. ‘Equality’ means that all people are equal before the law. Pre-existing social inequalities will have to be eradicated. Government will make arrangements to provide small opportunities to every citizen.
12. ‘Fraternity’ means that we all behave as if we are members of one family. No citizen should consider another citizen less than himself.
Salient features of Indian Constitution
The Constitution of India is a sacred document, it contains the features of the main constitutions of the world, it is the result of continuous effort, study, discussion and diligence of 2 years 11 months 18 days of the constitution making assembly, it was launched on 26 January 1950 on the whole of India. implemented.
1. Largest Constitution –
Generally the size of the constitution is very small, but the constitution of India is an exception to this, the size of the constitution of India has been kept too small and not too big. The original draft of the constitution had 22 parts, 395 articles and 9 schedules, with the amendments in the course of time, they got increased.
According to, ‘Sir I Jennings, the Constitution of India is the largest and most comprehensive constitution in the world.
2. Establishment of Sovereign Democratic Republic –
The main feature of our constitution is the establishment of a sovereign democratic republic, it has been called sovereign because its sovereignty is vested in the people of India, not vested in any foreign power, it is completely free from external control. India itself determines and controls its internal and external policies, democracy has been established in India. The governance here is safe in the hands of the people, it lives up to the criterion of democracy that the government here is run by the people, for the people and by the people, its main objective is public welfare.
3. Socialism and Secularism-
Our Constitution is the nurturer of socialism and secularism. In its preamble, socio-economic and political justice has been discussed. Proposes the principle of equality by eliminating all kinds of discrimination and affirms the socialist character by removing the right to property from the study of fundamental rights and replacing it as a simple constitutional right. The Constitution has promised social, economic and political justice to every citizen. Our constitution is also the driver of a secular constitution and equal recognition has been given to all religions. Everyone has the freedom to profess, practice and propagate religion illegally.
4. The emergence of parliamentary form of government-
India is a union of states and the constitution here is federal. There are also two types of federal constitution – presidential and parliamentary. In Presidential system of government, the President is all-serving – as in America, whereas in the parliamentary system of governance, the real reins of governance are vested in the people. Government is run by the people, for the people and by the people. The people’s representatives run the government in the form of a council of ministers.
Parliamentary system of government has been adopted in India. Here the real power of governance is secured in the hands of the members elected by the people. The President is definitely the head of the country but only in name. It does all the work only on the advice of the Council of Ministers.
5. Fundamental Rights-
An important feature and achievement of the Constitution of India is the inclusion of Fundamental Rights in it. This fundamental right is a boon and a gift for the people of India who have been under slavery for years. The main objective of these Fundamental Rights is to provide opportunities for all-round development to the citizens of India. The following fundamental rights of citizens have been mentioned in Part III of the Constitution:
1. Right to Equality
2. Right to Freedom
3. Protection of life and personal liberty
4. Protection from arrest and detention
5. Right Against Exploitation
6. Right to Freedom of Religion
7. Right to Culture and Education
8. Right to Constitutional Remedies
Under Article 19 of the Constitution, the following freedoms have been discussed for the citizens-
1. Freedom of Speech and Expression
2. Freedom to conference peacefully and starkly
3. Freedom to form associations
4. Freedom to travel freely throughout the territories of India
5. Freedom to reside and settle in any part of the territory of India
6. Freedom to carry on any profession, occupation, trade or business.
6. Fundamental Duties-
Fundamental duties were not mentioned in the original draft of the Indian Constitution. Fundamental rights were added to the constitution but fundamental duties remained. Later, the need was felt to add Fundamental Duties in the Constitution, as a result of this, by inserting a new Part 4A in the 42nd Amendment of the Constitution, the following Fundamental Duties were included in Article 51A-
- It shall be the duty of every citizen of India to-
- Follow the constitution and respect their ideals, institutions, national flag and national anthem.
- To cherish and follow the high nations that inspired our national movement for independence.
- Protect and keep the sovereign unity and integrity of India intact. d. Protect the country and serve the nation when called upon.
- To create a spirit of harmony and common brotherhood among all the people of India, which is beyond all discrimination based on religion, language and region or class, renounce such practices which are against the honor of women.
- Understand the importance of the glorious tradition of our social culture and preserve it.
- Promote the natural environment which includes forests, lakes, rivers and wildlife and have compassion for living beings.
- Develop a scientific outlook, humanism and the spirit of knowledge acquisition and reform.
- Protect public property and abstain from violence.
- Make a continuous effort to move towards excellence in all spheres of individual and group activities.
7. Directive Principles of State Policy-
Our constitution makers had envisaged the transmission of a constitution which is the welfare test for human beings. . Children get free education. No one should be deprived of life justice due to lack of money. Everyone should get equal pay for equal work. Economic support should be given in old age and sick stage and there should be more and more decentralization of power. This is the reason why they were addressed as Directive Principles of State Policy and not as Fundamental Rights.
8. Coordination of Rigidity and Flexibility-
If it goes where it will be no exaggeration that the Constitution of India is neither more rigid nor more flexible in terms of amendment. Such a process of amendment has been adopted in our constitution in which provision has been made to amend it according to the time and circumstances of the country. This is proof that only 85 amendments have taken place till 2001.
9. Adult voting rights
As we have seen above, the parliamentary system of government has been adopted in India. In the parliamentary system of government, the power is reserved in the representatives elected by the people. Under the Constitution, this right of election has been given to every person who is an adult, that is, who has completed the age of 18 years. It can be called one of the ideal constitutions of the world.
10. Single citizenship
The Constitution of India provides single citizenship to every person in the country. No state in India can discriminate on the basis of being a resident of any other state. Further, in India, any person has the right to move to any part of the country and to reside anywhere within the borders of India except in certain places.