Give a brief description of India’s constitutional structure and emphasize its key provisions.
Describe briefly the constitutional framework of India and highlight the main features of the constitution.
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1. Constitutional Framework of India
India's constitutional framework is based on a written constitution adopted on January 26, 1950, marking the country's transition to a sovereign republic. It provides the fundamental principles and guidelines for governance and defines the structure, procedures, powers, and duties of government institutions. The Constitution of India is the supreme law of the land, ensuring the rule of law, democracy, and protection of fundamental rights.
2. Main Features of the Constitution
The Indian Constitution embodies several distinctive features, reflecting its diverse cultural, historical, and socio-political context. These features are integral to India's democratic framework and governance system.
2.1 Lengthiest Written Constitution
India's Constitution is one of the lengthiest written constitutions globally, comprising a preamble and 470 articles divided into 25 parts. It delineates the framework for the government, fundamental rights, directive principles, and procedures for governance, ensuring a comprehensive legal framework for administration.
2.2 Federal System with Unitary Bias
The Indian Constitution establishes a federal system of government, dividing powers between the central and state governments. However, it also incorporates unitary features, giving significant authority to the central government during emergencies and certain situations, maintaining a balance between federalism and unity.
2.3 Parliamentary Democracy
India follows the parliamentary form of government, where the President is the ceremonial head, and the Prime Minister, the head of the government, is responsible to the Parliament. The Parliament consists of two houses – the Lok Sabha (House of the People) and the Rajya Sabha (Council of States), ensuring representation from both the directly elected and indirectly elected members.
2.4 Fundamental Rights
The Constitution guarantees fundamental rights to its citizens, ensuring individual liberties and freedoms. These rights include the right to equality, right to freedom of speech and expression, right to life and personal liberty, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies. The judiciary safeguards these rights, ensuring their enforcement and protection.
2.5 Directive Principles of State Policy
Directive Principles of State Policy are guidelines for the government to promote social justice, welfare, and the overall development of the society. These principles are not enforceable by courts but are fundamental to the governance framework, directing the state to strive for the welfare of its citizens, ensuring equitable distribution of resources, and fostering social and economic democracy.
2.6 Independent Judiciary
The Indian Constitution establishes an independent judiciary as one of its essential features. The judiciary acts as the guardian of the Constitution, ensuring its interpretation, protecting fundamental rights, and upholding the rule of law. The Supreme Court, along with the High Courts and subordinate courts, constitutes the judicial system, providing checks and balances on the legislative and executive branches.
2.7 Rigidity and Flexibility
The Constitution incorporates elements of both rigidity and flexibility. While certain provisions require a special majority or ratification by a certain number of states to amend, others can be amended through a simple majority in Parliament. This balance between rigidity and flexibility ensures stability while allowing for necessary adaptations to evolving societal needs.
2.8 Single Citizenship
Unlike many federal systems, India follows the concept of single citizenship, wherein every citizen is a citizen of the Union of India, irrespective of their state of residence. This fosters a sense of national identity and unity among citizens, promoting integration and cohesion.
Conclusion
The Constitution of India stands as a testament to the country's commitment to democracy, justice, equality, and fundamental rights. Its elaborate framework, encompassing federalism, democracy, fundamental rights, and directive principles, provides a robust foundation for governance, ensuring the country's progress and prosperity while upholding the values of its diverse populace.