Broad framework of the constitution:
The Constitution of India came into force on January 26, 1950. A Drafting Committee was appointed to draft the Constitution and it was drafted by Constitution Committee under the chairmanship of Dr Bhim Rao Ambedkar. It is the most detailed Constitution in the world. Adopted on 26th Nov 1949 (National Law Day). Made applicable from 26th Jan 1950, that’s why 26th January is celebrated as Republic Day in India. It is a comprehensive document containing 395 Articles (divided into 22 part) and 12 schedules. One more fact that the making of the Constitution took a total of 166 days, which was spread over a period of 2 years, 11 months, and 18 days. Components of the Constitution of India. The Indian constitution has two major parts – Parts and Schedules.
The preamble:
The preamble to the Constitution sets out the aims and aspirations of the people of India. It is a part of the Constitution (AIR 1973 SC 1961). The preamble declares India to be a Sovereign: (Independent country), Socialist: (its policies will be in favour of society), Secular: (not having any 1 particular religion only), Democratic: (Govt is of people for people & elected by people), Republic: (Head of State elected directly or indirectly by people) and secures to all its citizens Justice: In social, economic & political, Liberty: Of thoughts & expressions, beliefs, faith & worship, Equality: Of status & opportunity and Fraternity: To provide dignity & promote brotherhood. The words Socialist & Secular were added after 42nd Constitutional Amendment Act 1976 & made effective from 3rd Jan 1977. It is declared that the Constitution has been given by the people to themselves, thereby affirming the republican character of the polity and the sovereignty of the people. Some features of Constitution of India are it is the Longest Constitution in the world, partly rigid and partly flexible, the Constitution also provides a list of 11 duties of the citizens, known as the Fundamental Duties. Some of these duties include respect for the national flag and national anthem, integrity and unity of the country and safeguarding of public property.
Indian Federalism:
The Constitution of India is “federal in character but with unitary features.” Commenting on this the Mode of Formation: A federal Union, as in the American system, is formed by an agreement between several sovereign and independent States, surrendering a defined part of their sovereignty or autonomy to a new central organization. Position of the States in the Federation: In a federal system, several safeguards are provided for the protection of State’s rights as they are independent before the formation of federation. In India, as the States were not previously sovereign entities, the rights were exercised mainly by Union, e.g., residuary powers. Citizenship: The farmers of the American Constitution made a logical division of everything essential to sovereignty and created a dual polity with dual citizenship, a double set of officials and a double system of the courts. There is, however, single citizenship in India, with no division of public services or of the judiciary. Residuary Power: Residuary power is vested in the Union. In other words, the Constitution of India is neither purely federal nor purely unitary. It is a combination of both and is based upon the principle that “In spite of federalism the national interest ought to be paramount as against autocracy stepped with the establishment of supremacy of law”.
Fundamental Rights:
Part III of Constitution of India guarantees 6 fundamental Rights, Fundamental Rights are the very basic rights that are universally recognized as the most essential for human existence and indispensable for human development. These are required for the attainment of intellectual, spiritual, moral status of an individual. Article 12 to 35 contained in Part III of the constitution deals with fundamental rights which are: Right of Equality: Article 14 – 18, Right of Freedom: Article 19 – 22, Right against exploitation: Article 23 – 24, Right of Freedom of Religion: Article 25 – 28, Cultural & Educational Right: Article 29 – 31, Right of Constitutional Remedy: Article 32. [Earlier the right to property under Article 31 was also guaranteed as a Fundamental Right which has beets removed by the 446 Constitutional Amendment Act, 1978. Now right to property is not a fundamental right, it is now only a legal right]. From the point of point of view of persons to whom the rights are available, the fundamental rights may be classified as follows:
(a) Articles 15, 16, 19 and 30 are guaranteed only to citizens.
(b) Articles 14, 20, 21, 22, 23, 25, 27 and 28 are available to any person on the soil of India-citizen or foreigner.
(c) The rights guaranteed by Articles 15, 17, 18, 20, 24 are absolute limitations upon the legislative power.
Directive State Principle:
The Directive Principles as envisaged by the Constitution makers lay down the ideals to be observed by every Govt. to bring about an economic democracy in this country. Article 51A imposing the fundamental duties on every citizen of India was inserted by the Constitution (Forty-second Amendment) Act, 1976. The most important legislative power conferred on the President is to promulgate Ordinances. The ambit of this Ordinance-making power of the president is co-extensive with the legislative powers of the Parliament. These are the guidelines which should be followed by state, they are mentioned in Part IV from Articles 36 to 51 of COI, Recommendatory in nature & not mandatory for state, not enforceable in the court of law, Law can override Directive Principles. The importance of directive state principle: 1) State to secure social order to promote welfare of people
2) State to promote justice, economics, social & political culture
3) To minimize inequalities
4) To avoid concentration of wealth in few hands
5) To give equal opportunity to men & women for earning livelihood
Conclusion:
In conclusion, the constitution serves as guidelines for every citizen. Also, law and rule are completely defined in the constitution. The Constitution serves as guidelines for every citizen. It helped India to attain the status of a Republic in the world. Once Atal Bihari Vajpayee said that “governments would come and go, political parties would be formed and dissolved, but the country should survive, and democracy should remain there forever”.
This article is written by Saniya Lanjekarm.
