111Topic : Constitution

Subject : Constitutional law of India

Unit-1

1

Topic

• Definition

• Purpose

• Salient features

Definition

• A constitution means

- A document having special legal sanctity

- Which sets out the frame work

- And the principal functions of the organce of the government of a state and declares the priciples governing the operation of those organce

Constitution of a country is:

• The fundamental law of the land

• It tells us what kind of government the country will have

• It also tells us who its legitimate citizens are

• It lays down the rules to govern the country

• It also tells us about the rights and also the duties of its citizens.

• Is to prevent the government from abusing its powers

• To ensure that Government exercises such powers in the proper manner.

Salient Features of the Constitution of India

• A written and lengthy constitution:

The Constitution of India is a written constitution. It was framed by a Constituent Assembly which was established for the purpose in 1946. It has 395 Articles and 12 Schedules. A number of amendments, (about 96) passed since its enforcement in 1950, have also become a part of the Constitution.The Constitution of India is the lengthiest constitution in the world as no other constitution contains as many articles.

Fundamental rights and duties. The Constitution of India guarantees six fundamental

rights to every citizen. These are:

•

• i. Right to Equality.•

• ii. Right to Freedom.•

• iii. Right against Exploitation.•

• iv. Right to Freedom of Religion.•

• v. Cultural and Educational Rights.•

• Vi. Right to Constitutional Remedies.

Directive principles of state policy:

• The Directive Principles of State Policy are listed in Part Four of the Constitution. The framers of our constitution took the idea of having such principles from the Irish Constitution. These principles are instructions given by the Constitution to government.

• All the governments-Central, State and Local-are expected to frame their policies in accordance with these principles. The aim of these principles is to establish a welfare state in India. They, however, are not binding on the government-they are mere guidelines.

Single citizenship:

• In federation, normally we have double citizenship. In U.S.A. every citizen besides being a citizen of United States of America is the citizen of the state in which he or she resides. But the Constitution of India provides for single' citizenship-every Indian, irrespective of his place of birth or residence, is a citizen of India. There is no citizenship of Delhi, Punjab, Haryana or U.P.

Universal adult franchise:

• The constitution provides for Universal Adult Franchise. It means that every citizen who is 18 years of age or more is entitled to cast his/her vote irrespective of his caste, creed, sex, religion or place of birth.

Rigid and Flexible:

• Rigid means very difficult to amend and flexible means very easy to amend. Indian constitution is a combination of both. There are some provisions in the constitution, which cannot be easily amended. It requires the approval of both the Parliament and State Assemblies. On the other hand, there are some provisions, which can be amended by a simple majority of the Parliament.

Republic and Democratic form of Government :

• A Republican form of Government stands for that Government in which the Head of the State is directly or indirectly elected by the people and not a hereditary ruler. In India the President is the Head of the State. In our case, the President is elected by its people through the representatives in the Parliament and State Legislatures. So, India is a Republic. The United Kingdom is not a Republic because its Head of the State- the Queen or the King is hereditary and not elected by its people. Our Constitution also provides a democratic government. We, the people of India, elect our government from time to time. The Government is accountable to the people. This accountability is exercised through the Parliament and State Legislature.

Federal form of government

• The Indian Constitution also provides for a federal form of government. In a federal government there are two sets of governments i.e. Union or Central Government and also State Governments. The Indian constitution divides the power between the two sets of governments. In Indian federalism more powers have been given to the Central Government.

Socialist and Secular Polity:

• Preamble to the Constitution of India regards India a socialist and secular polity. By socialist it means that the Government will take care of the well being of its entire people. Therefore, Indian government adopts different policies to bring welfare to its common people. Have you heard about National Rural Employment Guarantee Act (NREGA) or National Rural Health Mission (NRHM)? These policies are known as welfare or socialist policies. Basic aim of these policies is to help the poor people in the country.

Secular

• The word 'Secular', like Socialist, was also added in the Preamble by 42nd Amendment of the Constitution. There is no state religion in India. Every citizen is free to follow and practice the religion of his/her own choice. The state cannot discriminate among its citizens on the basis of religion.

Sovereign

• Emphasis that no more dependent upon any outside authority.

Independent judiciary:

• The Indian Constitution provides for an independent judiciary. The judiciary has been made independent of the Executive as well as the Legislature. The judges give impartial justice

Emergency provisions:

• The framers of our constitution had realized that there could be certain dangerous situations when government could not be run as in ordinary time. Hence our constitution contains certain emergency provisions. During emergency the fundamental rights of the citizens can be suspended and our government becomes a unitary one.

One national language:

• Although India is a multi-lingual state, the constitution provides that Hindi in Devnagri script will be the national language. It shall be the duty of the union to promote and spread Hindi language

Grassroots Government:

• Panchayats are the government at the grassroots level.

• Nowadays it enjoys enormous powers in the sphere of local administration.

• The Panchayats have the powers to plan and implement developmental activities from village level to district level.

• For the urban areas (towns and cities) municipalities have been created. Thus, the Indian Constitution by making provision of the grassroots government have decentralized the power and give the common people an opportunity to take part in the administration.

Thank you

References

• 1.https://lh5.ggpht.com/qrJarYaufqnAJVNtOb46OMVgcVXrHgLgPQoyYBtGzqEUUgmFddHh2vQ1QO7fPiYq083P=s153

• M.P.Jain, Constitution of India, Wadhwa Nagpur

• http://www.slideshare.net/