File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Basic Features Of Indian Constitution

A set of standards guides anything we do. There are rules for games (such as soccer), sports clubs, and individuals in the workforce. Moral code and culture also put restrictions on us that teach us how much we should or shouldn't do.

Laws refer to the rules enacted by legislatures (also known as Lok Sabha/Rajya Sabha in India) for their particular nations. Laws are vital in-country for it to govern and function correctly. These are intended to safeguard us and our property and assure that everybody in society acts in the manner in which the community expects. Laws specify what we can expect as a result of our activities. Laws have served as the binding force that has held society together. There would be utter insanity if there were no laws.

Both researchers and scholars have placed more importance on constitutions in recent years. It was hardly strange considering that constitutions act as the cornerstone for Government today for almost everyone globally. They generate, strengthen, and regulate the entities that rule society at the very same period. As a result, they are inextricably related to social welfare. Democracy, financial outlook, and social solidarity are all linked to a country's Constitution.

What Is Constitution?

The term constitution is derived from the Latin constitutus, which means "to build up, establish," and the suffix -ion, which means "to act, state, or condition." Consider a constitution as the structure of a body (yours or the Government's). You don't get sick very often if you have a strong constitution.

The Constitution is known as the supreme law of the land. All the other Legislation must follow it. It has a set of rules that govern the Government and its interactions with the citizens. A constitution is concerned with two primary aspects: a) the relationship between the various levels of Government and b) the relationship between the Government and the people. Dr. Bhimrao Ramji Ambedkar drafted the Indian Constitution.

Definition:
The Constitution is not an instrument for the Government to restrain the people. It is an instrument for the people to control the Government. - Patrick Henry

A constitution is a set of fundamental values or principles that regulate the governance of a state and other bodies. Such regulations, taken altogether, constitute or form the entity. When such concepts are enshrined in a simple list or range of legal documents, the catalog or set is a written constitution. Or A Constitution is a document that contains laws and regulations that govern and outline the sort of Government and the relationship between Government and the public.

It serves as a basis for democratic governance in a country that ensures everybody's interests and procedures are being followed. It governs how statutes are formed and the procedures by which the Government functions.

History Of Indian Constitution

India is now a unitary republic with 28 federated entities grouped into seven unions. It has a representative system that is modeled on the Westminster parliamentary system. The British Government conquered India in the early 18th century, bringing it into contact with the west for the first time. It was subject to British colonialism in the mid-nineteenth century. The feudal regime in British India, or the British Raj, as it was also known, was led by a Viceroy who also held the title of Governor-General until 1947, when a struggle for freedom, marked by a wide-spread peaceful protest revolutionary movement, resulted in independence from the Britain Imperial Power.

The fundamental law of India was primarily codified in a series of Legislation established by the British Parliament preceding the constituent Assembly convening in 1948 to design the Indian Constitution, which was ratified in 1950 and is still in force today. The Government of India Acts of 1919 and 1935 were vitally pertinent.

Indian Council Act, 1861

To aid the Governor-General in enacting Legislation, a state legislature council was established. Indians could be assigned to the Assembly, but only at the Governor-General's discretion.

Indian Council Act, 1892

The seats of the Legislature and the executive councils were doubled in response to Indian concerns. Many Indians were assigned to these Authorities, and the electoral principle was implemented.

Indian Council Act,1909

This Act enlarged the number of the councils yet again, and it also gave the regulatory Assembly the authority to debate and pose questions on specific issues. Also, more council members were elected.

The Government Of India Act, 1919

The primary objective of this Legislation, which was enacted as a gesture of gratitude for India's assistance in World War One, was to increase native participation in Government. The formation of a dual-type of Government with constrained powers for the respective provinces was one of the Act's key innovations. The colonial federal Assembly became a bicameral legislature for the entire country. Lastly, the Act mandated the role of High Commissioner for India in the United Kingdom, with a residence in London.

The Government Of India Act, 1935

This Legislation was enacted about the National Congress of India's resistance and critique of the 1919 Act for accomplishing too little in regard to granting authority. The following were some of the essential provisions:
  • The abolition of the dual system of governance, or diarchy, and the concession of regional autonomy to the provinces
  • The formation of an Indian Federation (which never came into force, though)
  • Direct voting is introduced, and the electorate is extended to 37 million individuals, higher than the original 5 million.
  • More nominated Indian MPs were added to provincial councils, allowing them to create legislatures and be selected to form administrations.
  • The formation of a Federal Court

The Constituent Assembly Of 1948 And The Constitution Of 1950

The Constituent Assembly passed the Constitution on November 26, 1949, and it came into force on January 26, 1950. January 26 was decided to celebrate the unilateral declaration of independence by Purna Swaraj in 1930. The Union of India has become the modern and contemporary Federal republic with its acceptance, and the Government of India Act 1935 was superseded as the country's primary governing Legislation.

Deliberate attempts have been made to reach a consensus on various subjects and concepts, avoiding dispute. The consensus was achieved through Jawahar Lal Nehru's motion in the Constituent Assembly on December 17, 1946, which was almost uniformly passed on January 22, 1947.

The Assembly finalized its work by November 26, 1949, based on these 'Objectives.' The Constitution came into operation on January 26, 1950. India had become the Republic of India on that day.

Objectives Of Indian Constitution

The Constitution's goals were articulated in a resolution proposed by Pt. Jawaharlal Nehru and ratified by the Legislative Council on January 22, 1947. The resolution's central tenets were as follows:
  • India should be declared an independent sovereign republic by Resolve.
  • To create a democratic Community with equitable self-government to all its component members.
  • The people give the union government and the governments of the constituent elements all of their power and authority.
  • To ensure and safeguard the safety of all Indians. Moral, fiscal, and political justice are all important.
  • equality of position, opportunity, and legal standing.
  • the freedom of thinking, speech, religion, faith, worship, affiliation, and action
  • Minority groups in underdeveloped and rural regions and the impoverished and perhaps other backward groups have proper protections.
  • Maintaining the Nation's territorial sovereignty and right of self-determination on ground, sea, and air under the equity and law of civilized countries. To ensure India's legitimate and respected position in the globe.
  • Assist in the advancement of world peace and humanity's well-being. These goals are enshrined in the Constitution's Preamble.

Salient Features Of The Indian Constitution

  1. The world's longest Constitution.
    The Indian Constitution is the longest and largest written Constitution. Mainly because it contains not only fundamental human rights but also specific administrative directions. Many institutions, such as the Public Sector, have been granted a constitutional position (under Article 308- 323).
    Another one of the factors for the size of this Convention is that it applies to the entire country of India. Since India is such a large nation, it necessitated the application of precise regulations to diverse areas of the country. As a result, a vast constitution was created.
     
  2. Assembled from a myriad of perspectives
    Elements of our Constitution were borrowed out of a multitude of locations. The essential elements of our Constitution were derived from the Government of India Act of 1935.
    The different sources of the Indian Constitution are as follows:
    1. United States of America
      Fundamental Rights, independence of Judiciary, Judicial Review, Impeachment of President and Supreme Court Judges.
    2. United Kingdom
      Single Citizenship, Parliamentary system of Government, Rule of Law, Prerogative writs
    3. Canada Constitution
      Quasi Federal Government system, Appointment of Governors.
    4. Australia Constitution
      Concurrent List, Joint sitting of 2 houses of the Parliament, Freedom of Trade
    5. USSR
      Fundamental duties, Social, Economic, and Political Justice.
    6. Ireland
      Directive Principles of State Policy, Election of President.
    7. Germany
      Emergency provisions like Suspension of Fundamental Rights during an emergency.
    8. France: Republic
    9. South Africa
      Amendment of Constitution, Election of members of Rajya Sabha.
    10. Japan
      The procedure is established by law.
       
  3. Adult Universal Franchise
    Our forefathers were entitled to vote for each Indian citizen above the age of 21. (now age is 18). It took several years for Western liberal democracy to grant this freedom to all of us.
     
  4. Solitary Citizenship
    The Constitution of India provides for single citizenship. This implies that whoever obtains the citizenship rights of another nation instantly loses their Indian citizenship. The UK Constitution inspired this notion of citizenship. People can benefit from the development of advantages merely by becoming citizens. The ability to vote and be elected to positions such as President and Member of Parliament is only accessible to Indian nationals.
     
  5. Independence of the Judiciary
    In India, the judicial system is largely autonomous and makes its judgments. In a republic, judicial independence is critical. It safeguards its inhabitants against the unauthorized or unlawful processing of government agencies. The Constitution provides for several fundamental rights. The Judiciary must use its powers under Articles 32 & 13 to protect such fundamental rights.
     
  6. Constitution of a Quasi-Federal Republic
    Quasi-federal indicates that this seems to be unified, but it is not genuinely federal due to a significant lean towards centralized authority. In situations of distress, the Central Govt has far greater control than the State Legislatures.
     
  7. The Parliamentary system of Government
    The British Constitution inspired this style of Government. India chose it because she had prior experience with this type of governance. This is referred to as a UK parliament. The executive is responsible and responsive to the legislative by different means and classes in this management style.
     
  8. Rigidity and Flexibility in Balance
    According to the document, most parts of the Constitution can be changed by a mere majority in The parliament. At the same time, many clauses in Article 368 require a specific majority, particularly in situations impacting the state's policy.
     
  9. State Policy Directive Principles
    These are some of the ideas outlined in Articles 36 through 51. Such principles act as a guide for such governments in developing regulations necessary for the public welfare. Even though these ideas are unjustifiable in courts, the state has passed different Legislation as a result which all of these concepts have become Inalienable rights. The most notable example is Article 21 A's Right to Education. This was formerly a Directive principle, but now Legislation has been enacted and included in the Fundamental Rights to make it a legitimate legal right.
     
  10. Fundamental Duties
    These responsibilities were not included in the original Constitution, but they were considered to be necessary subsequently. Invoking the Soviet Union, India's Government had 11 Fundamental Duties to Article 51 A of the Constitution. They were formed in 1976 as part of the 42nd Amendment Of the Constitution. The Government thought Indian nationals needed to adopt these values to demonstrate reverence for our country.
     
  11. Fundamental rights
    Part 3 of the Constitution of India establishes fundamental rights (Article 12-35). These are indeed the universal human rights that each Indian citizen enjoys. All Indian citizens have access to Articles 15, 16, 19, 29, and 30. Except for nationals of hostile nations, everybody who lives in this country is entitled to Articles 14, 20, 21, 21A, 23, 24, and 25-28.

Preamble
India's Constitution Is Preceded By A Preamble Outlining Its Goals And Objectives.
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 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 twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE OURSELVES THIS CONSTITUTION.

The Supreme Court expressly said in the Berubari Case that the Preamble also couldn't overrule the precise requirements of the Act. However, the Supreme Court ruled in the Keshava Nanda Bharati case of 1973 that the Preamble is a constituent of the Constitution.

"The Preamble of our Constitution is of tremendous significance given the big and noble goal stated in the Preamble," said then-CJI Justice Sikri.

Despite constraining Legislature's amendment power under Article 368 of the Constitution, the Government relies on the Preamble. It was decided that even under Article 368, the fundamental component of the Preamble could not be changed. This was also agreed that because the Preamble is a component of the Constitution, it can be changed, but only if the 'essential characteristic' in the Preamble cannot be changed. The court determined if any of the Preamble's essential parts were eliminated, the tower would collapse apart.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of th...

Whether Caveat Application is legally pe...

Titile

Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro...

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

The Factories Act,1948

Titile

There has been rise of large scale factory/ industry in India in the later half of nineteenth ce...

Copyright: An important element of Intel...

Titile

The Intellectual Property Rights (IPR) has its own economic value when it puts into any market ...

Law of Writs In Indian Constitution

Titile

Origin of Writ In common law, Writ is a formal written order issued by a body with administrati...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly