Cecily Zamora
The Constitution of India is the supreme law of the nation, governing all laws and containing 395 articles in 22 parts at the time it was enacted. It has since had more than 100 amendments, with the amended constitution now featuring a preamble and 470 articles, which are grouped into 25 parts. The Constitution recognises certain basic fundamental rights and prescribes fundamental duties for every citizen of India. Any infringement of these rights can be challenged in the courts by any citizen of India. The Constitution also allows states to set up lower courts under and controlled by the state's High Court. It further bestows the power on Parliament to make laws necessary for implementing international agreements and treaties.
| Characteristics | Values |
|---|---|
| Number of articles | 395 (at enactment), 470 (after amendments) |
| Number of parts | 22 (at enactment), 25 (after amendments) |
| Number of schedules | 8 (at enactment), 12 (after amendments) |
| Number of words | 145,000 |
| Amendments | More than 100 |
| Secularism | Added in 1976 |
| Judicial independence | Yes |
| Judicial review | Yes |
| Supremacy | Yes |
| Dualist or monist | Dualist, with some hybrid elements |
| Federal system | Integrated federalism |
| Power to amend constitution | Parliament |
| Prohibition of discrimination | On the grounds of religion, race, caste, sex or place of birth |
| Freedom of trade | Yes |
| Power to impose restrictions on trade | Yes |
| Protection of President and Governors | Yes |
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What You'll Learn
- The Indian Constitution is the supreme legal authority
- It establishes India as a sovereign socialist secular democratic republic
- The Constitution grants all citizens fundamental rights
- It empowers the judiciary to invalidate legislation or government actions
- The Constitution is the world's most frequently amended national governing document
The Indian Constitution is the supreme legal authority
The Constitution grants all citizens Fundamental Rights and ensures an independent judiciary, which can invalidate any legislation or government action that violates the Constitution. The judiciary is expected to be free from pressure exerted by other branches of the state, citizens, or interest groups. The Constitution specifically outlines government powers, with many amendments addressing issues that would be dealt with by statute in other democracies.
The Constitution outlines the legislative, executive, and judicial organs of government, including the legislative assemblies of the states, which represent the Anglo-Indian community. It also establishes the official languages of the Union and States, and outlines the powers of Parliament, such as regulating the right to citizenship and imposing restrictions on trade, commerce, and intercourse.
The Constitution provides for a single integrated system of courts, with the Supreme Court of India at the apex, followed by High Courts, District Courts, and Village/Panchayat Courts. The High Courts of the States are directly constituted by the national constitution, and cases can be appealed from these courts to the Supreme Court. The Constitution also includes treaty-making as part of the executive power given to the President.
The Constitution has been central to significant Supreme Court decisions, such as those relating to the application of international law and the protection of citizens' rights. It has also been amended to include the word 'secular', further emphasising the secular nature of the state, which recognises freedom of conscience and religion.
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It establishes India as a sovereign socialist secular democratic republic
The Constitution of India is the world's longest for a sovereign nation, with 145,000 words across 470 articles, which are grouped into 25 parts. It came into effect on 26 January 1950 and has been amended over 100 times since. The preamble to the constitution, which establishes India as a "Sovereign Socialist Secular Democratic Republic", reads:
> WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC ... IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
The terms "sovereign", "socialist", "secular", and "democratic" have the following meanings in the context of the Indian constitution:
- "Sovereign" means that India is a free country with the complete right to govern itself without any interference from external sources. It signifies India's departure from the status of dominion in the British Commonwealth as set up by the Indian Independence Act, 1947, to a free nation when the Constitution of India came into effect on 26 January 1950.
- The term "socialist" is not defined in the Constitution, but the Directive Principles of State Policy contained in Part IV embody a socialist character. This philosophy dictates that the welfare of the larger society shall precede the interest of the individual. Socialism refers to the achievement of socialist goals through democratic, evolutionary, and non-violent means, with the belief that wealth should be shared equally by society through distributive justice, not concentrated in the hands of a few.
- "Secular" implies that India is not a theocratic state and does not have an official religion. Religious activities or beliefs should not interfere with civic or state affairs. Secularism is considered a part of the basic structure of the Indian Constitution, meaning equal freedom and respect for all religions.
- "Democratic" conveys that the government is of the people, by the people, and for the people. The people of India elect their governments by a system of universal adult franchise, also known as "one person, one vote".
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The Constitution grants all citizens fundamental rights
The Indian Constitution is the world's longest for a sovereign nation, with around 145,000 words. It came into force on 26 January 1950 and has been amended over 100 times since. It contains 395 articles in 22 parts, with 12 schedules, and grants all citizens fundamental rights.
These rights are guaranteed in the Constitution in six broad categories, from Article 12 to 35 in Part III:
- Right to Equality: This includes equality before the law, prohibiting discrimination based on religion, race, caste, sex, or place of birth, and ensuring equality of opportunity in employment.
- Right to Freedom: This covers freedom of speech and expression, assembly, association or union, movement, residence, and the right to practice any profession or occupation. However, these rights are subject to the security of the state, friendly foreign relations, public order, and decency or morality.
- Right against Exploitation: This prohibits all forms of forced labour, child labour, and human trafficking.
- Right to Freedom of Religion: This includes the freedom to profess, practice, and propagate any religion, or not to do so.
- Cultural and Educational Rights: This covers the right of any section of citizens to conserve their culture, language, or script, and the right of minorities to establish and administer educational institutions of their choice.
- Right to Constitutional Remedies: This guarantees citizens the right to move the Supreme Court for the enforcement of their Fundamental Rights.
The Constitution also provides for other rights, such as those related to citizenship, which are detailed in Articles 5 to 11. These articles cover the rights of citizenship for those who migrated to and from Pakistan, as well as for persons of Indian origin residing outside India.
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It empowers the judiciary to invalidate legislation or government actions
The Indian Constitution establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government. It is the supreme legal authority that binds the legislative, executive, and judicial organs of government. The Constitution grants all citizens Fundamental Rights and empowers the judiciary to invalidate legislation or government actions that violate the Constitution.
The independence of the judiciary is part of the basic structure of the Indian Constitution. The Constitution of India explicitly provides for judicial review through Articles 13, 32, 131 through 136, 143, 226, and 246. Judicial review is one of the checks and balances in the separation of powers, empowering the judiciary to supervise the legislative and executive branches and ensure constitutional supremacy. The Supreme Court and the High Courts have the power to invalidate any law, ordinance, order, bylaw, rule, regulation, notification, custom, or usage that has the force of law and is incompatible with the terms of the Constitution of India.
The doctrine of judicial review in India follows the American Method, where judicial review is exercised only in concrete cases or controversies and only in laws that are in effect. Judicial review in India is a process by which the Supreme Court and the High Courts of India examine, determine, and invalidate executive or legislative actions inconsistent with the Constitution of India. Judicial self-restraint concerning legislative power manifests in the form of the presumption of constitutionality of the challenged statutes. While ruling in Charanjit Lal v. Union of India (1950), Justice Fazl Ali held that the presumption is always in favour of the constitutionality of an enactment, and the burden is on the person attacking it to show that there has been a clear transgression of constitutional principles.
The Constitution also contains provisions for a Judge of the High Court who may be appointed as an ad-hoc Judge of the Supreme Court, and for retired Judges of the Supreme Court or High Courts to sit and act as Judges of that Court. A Supreme Court Judge cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, presented to the President in the same Session for such removal on the ground of proved misbehaviour or incapacity.
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The Constitution is the world's most frequently amended national governing document
The Indian Constitution is the world's most frequently amended national governing document. Since its enactment in 1950, there have been over 100 amendments, with roughly two amendments every year. The Constitution is so specific in spelling out governmental powers that many amendments address issues that would be dealt with by statute in other democracies.
The Constitution of India contains 395 articles in 22 parts, with 12 schedules. Additional articles and parts are inserted through various amendments. The amended constitution has a preamble and 470 articles, which are grouped into 25 parts. The Constitution is so detailed that it is the world's longest for a sovereign nation, with approximately 145,000 words.
The process of amending the Constitution is not straightforward. There are three types of amendments. The first type of amendment must be passed by a simple majority in each house of the Parliament of India. The second type of amendment requires a prescribed supermajority of each house of Parliament. The third type of amendment must be passed by a special majority in each house of Parliament and ratified by at least half of the State Legislatures.
The Constitution espouses constitutional supremacy, which means that it is the supreme power of the nation and governs all laws. It was created by a constituent assembly rather than Parliament, and it replaced the Government of India Act 1935 as the country's fundamental governing document. The Constitution also includes treaty-making as part of the executive power given to the President. This power is bestowed on Parliament by Article 253, enabling it to make laws necessary for implementing international agreements and treaties.
The Indian Constitution is so detailed that even the word "secular" was added in 1976. This level of detail has resulted in frequent amendments to address specific issues. However, the Supreme Court has ruled that an amendment cannot destroy what it seeks to modify and cannot change the Constitution's basic structure or framework.
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Frequently asked questions
The Indian Constitution is the supreme legal authority that binds the legislative, executive, and judicial organs of government. It establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government.
The Indian Constitution has several key features, including a federal system of governance between the Union and the States, separation of powers between the three organs of the government, free and fair elections, equality before the law, and a secular state that recognises freedom of conscience and religion.
The Indian Constitution originally contained 395 articles in 22 parts and 8 schedules. However, after various amendments, the amended constitution now has a preamble and 470 articles, which are grouped into 25 parts and 12 schedules.
Some important articles in the Indian Constitution include Article 15, which prohibits discrimination on grounds of religion, race, caste, sex, or place of birth, and Article 301, which guarantees freedom of trade, commerce, and intercourse. Other notable articles include Article 13, which addresses the doctrine of eclipse and Article 16, which ensures equality in state employment. Additionally, Article 2 and Article 4 provide for the admission or establishment of new states and the amendment of schedules.
