Constitution of India

Constitution of India
Name	Constitution of India
Caption	The original copy of the Constitution of India
Jurisdiction	Republic of India
Date created	26 November 1949
Date effective	26 January 1950
System	Federal parliamentary republic
Branches	Three (Executive, Legislature, Judiciary)
Chambers	Bicameral (Lok Sabha, Rajya Sabha)
Executive	President-led, headed by the Prime Minister
Judiciary	Supreme Court, High Courts
Federalism	Federal
Electoral college	Yes, for presidential elections
Date legislature	First general elections held in 1951–52
Location of document	Parliament House, New Delhi
Signers	284 members of the Constituent Assembly of India

Constitution of India. It is the supreme legal document that establishes the political framework, defines the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. Adopted by the Constituent Assembly of India on 26 November 1949, it came into effect on 26 January 1950, transforming the Dominion of India into the Republic of India. The document is renowned for its length and detail, drawing inspiration from various global sources while embedding uniquely Indian concepts.

History and background

The genesis of the document lies in the struggle for independence from British rule, with early demands for self-governance articulated by the Indian National Congress and leaders like Mahatma Gandhi. The Cabinet Mission Plan of 1946 led to the formation of the Constituent Assembly of India, chaired by B. R. Ambedkar, who is widely regarded as its chief architect. The assembly's work was influenced by previous legal instruments such as the Government of India Act 1935, and was conducted in the shadow of Partition and the integration of princely states. Key committees, including the Drafting Committee, synthesized ideas from numerous constitutions and the Objectives Resolution moved by Jawaharlal Nehru.

Structure and key features

It establishes India as a sovereign, socialist, secular, democratic republic with a parliamentary form of government. The structure includes a Preamble, 25 parts containing 470 articles, and 12 schedules. It provides for a bicameral legislature at the Union level—the Lok Sabha and the Rajya Sabha—and similar structures in the states. The federal division of powers is detailed in the Union List, State List, and Concurrent List of the Seventh Schedule. Other notable features include an independent judiciary, a single citizenship, and provisions for free and fair elections.

Fundamental Rights and Directive Principles

Part III guarantees justiciable Fundamental Rights to all citizens, including the right to equality, freedom of speech, and protection against exploitation, inspired in part by the United States Bill of Rights. Part IV contains the non-justiciable Directive Principles of State Policy, which are guidelines for the state to establish a social order for the promotion of welfare, drawing from the Irish Constitution. These principles aim to secure social and economic democracy, complementing the political democracy enshrined in the Fundamental Rights. The 42nd Amendment added Fundamental Duties for citizens.

Amendment process

It can be amended to meet changing needs, with the process detailed in Article 368. Most amendments require a special majority of the total membership and a two-thirds majority of members present and voting in both houses of Parliament. Certain amendments, affecting federal provisions, also require ratification by at least half of the state legislatures. Important amendments include the First Amendment, the Seventh Amendment for state reorganization, the 42nd Amendment during the Emergency, and the 73rd and 74th Amendments for local governance.

Judicial review and basic structure

The Supreme Court and High Courts possess the power of judicial review to invalidate laws and executive actions that violate its provisions. The landmark Kesavananda Bharati case (1973) established the basic structure doctrine, holding that while Parliament has wide amending power, it cannot alter the document's basic structure, such as its republican form, secular character, or the supremacy of the judiciary. This doctrine was reaffirmed in cases like Indira Gandhi v. Raj Narain and has been central to preserving its core integrity.

Influence and legacy

It is one of the world's longest and most detailed written constitutions, serving as a model for several other nations, including South Africa and Bangladesh. Its endurance and adaptability have guided India through significant challenges, including wars, the Emergency, and economic liberalization. The document is celebrated annually on Republic Day and Constitution Day. Its interpretation by the Supreme Court through public interest litigation has expanded rights jurisprudence, significantly impacting Indian society and governance.

India Category:Government of India Category:Indian law