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
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.
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
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
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
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,
- 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,
- 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
- 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
- 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.
- 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:
- United States of America
Fundamental Rights, independence of Judiciary, Judicial Review, Impeachment of
President and Supreme Court Judges.
- United Kingdom
Single Citizenship, Parliamentary system of Government, Rule of Law,
- Canada Constitution
Quasi Federal Government system, Appointment of Governors.
- Australia Constitution
Concurrent List, Joint sitting of 2 houses of the Parliament, Freedom of
Fundamental duties, Social, Economic, and Political Justice.
Directive Principles of State Policy, Election of President.
Emergency provisions like Suspension of Fundamental Rights during an emergency.
- France: Republic
- South Africa
Amendment of Constitution, Election of members of Rajya Sabha.
The procedure is established by law.
- 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.
- 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.
- 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.
- 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
- 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.
- 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
- 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
- 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.
- 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.
India's Constitution Is Preceded By A Preamble Outlining Its Goals And
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into
a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its
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.