Introduction to Constitution of India

CONSTITUTION OF INDIA

1. PREAMBLE

Almost in every constitution, there is a preamble, which provides the objectives, purposes, nature and scope of the constitution. The Preamble is an introduction of the Indian constitution and therefore, it is treated as a part of the Constitution. The Preamble is used to interpret the provisions of the constitution in case of disputes. Preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document. These are the opening words of the preamble of the Indian Constitution.

“We, the people of India, having solemnly resolved to constitute India into a sovereign, socialist, secular, democratic republic and to secure to all its citizens:

• Justice: social, economic and political
• Liberty: of thought, expression, belief, faith and worship
• Equality: of status and of opportunity; and to promote among them all
• Fraternity: assuring the dignity of the individual and the unity and integrity of the Nation

In our constituent assembly this twenty-sixth day of November 1949, do hereby adopt, enact and give to ourselves this constitution.”

According to the Preamble, the “People of India” are only the supreme and on them, there is no hold of any other authority. Therefore, it is a republic state, wherein any king or dictator does not have any place; wherein the supremacy of the people is everything. The people elect the rulers and they are the representatives of the people.

2. CHARACTERISTICS OF INDIAN CONSTITUTION

The Constitution of India is largest and most detailed Constitution in world. It originally consisted of 395 Articles divided into 22 parts and 8 schedules. Indian Constitution has borrowed Parliamentary system of Government from British Constitution. Framers of Indian Constitution incorporated provisions of “Fundamental Rights” from the Constitution of United States of America, “Directive Principles of State Policy” from Ireland; Power of Judicial Review to the Supreme Court has been taken from the Constitution of United States of America.

The chief characteristics of Indian Constitution are as follows:

Largest Constitution

The Indian Constitution is lengthiest and most detailed of all written Constitutions of the world. The Indian Constitution lays down the structure not only of Central Government but also of the States. The American Constitution on the other hand leaves the States to draw up their own Constitution. Because of peculiar problem of India like population, minorities, schedule class, Schedule tribe community peoples it had to incorporate many provisions.

Democratic Form of Government

The Constitution of India constitutes India into a sovereign democratic republic. It thus provides for the establishment of a democratic form of government in the country. Justice, Liberty, Equality and Fraternity, which are essential characteristics of a democracy, are declared in the Preamble as the very objectives of the constitution. In a democracy, the Government derives all its authority from the will of the people. Our rulers are elected representatives of the people and are responsible to the people.

Parliamentary Form of Government

The Indian Constitution establishes a parliamentary form of Government of India both at the Centre and in the States as distinguished from the presidential form of the Government in America.

Fundamental Rights

The Constitution of India contains a long list of fundamental rights of citizens. The legislature and the executive cannot take away these rights unless it is necessary to do so in the public interest. These rights are, however, not absolute rights. They are restricted rights and can be restricted, abridged and taken away, when it is necessary in the public interest.

Directive Principles

The Directive Principles of State Policy contained in Part IV of the Constitution. It set out the aims and objectives to be followed by the State in the governance of the country. The idea of the welfare state can be achieved only by implementing the various directive principles contained in the Constitution.

Fundamental Duties

The 42nd Amendment Act, 1976, has added 10 Fundamental Duties in the Indian Constitution. It shall be the duty of every citizen of India to abide by all the fundamental duties.

Distribution of Legislative Powers

The Indian Constitution contains three lists under Seventh Schedule:

• Union List—For subjects specified under union list, parliament has exclusive power to make laws.
• State List—For subjects specified under state list, the legislative of any State has exclusive power to make laws.
• Concurrent List—For subjects specified under concurrent list parliament and legislature of any state both have power to make laws.

Under Article 248 of the Indian Constitution, residuary powers are vested in the Centre. Articles 249, 250, 252 and 253 provide that Parliament can make laws on a matter specified in the State List in circumstances mentioned in these Arts.

Single citizenship

Indian Constitution provides for single citizenship i.e., citizen of India.

Independent Judiciary

Indian Constitution provides independence and impartiality of Judiciary. President makes appointment of Judges of the Supreme Court and High Court after consultation with judicial authorities. The Supreme Court and High Court recruit their own staff and frame rules regarding conditions of service.

3. FUNDAMENTAL RIGHTS

The fundamental rights as incorporated in the constitution can be classified under the following six groups:

Right to equality

Right to equality includes equality before law, prohibition of discrimination on grounds of religion, race, caste, gender or place of birth, and equality of opportunity in matters of employment, abolition of untouchability and abolition of titles. Right to equality is provided from Article 14 to Article 18 of Indian constitution.

Right to freedom

Right to freedom includes freedom of speech and expression, assembly, association or union or cooperatives, movement, residence, and right to practice any profession or occupation, right to life and liberty, protection in respect to conviction in offences and protection against arrest and detention in certain cases. Right to freedom is provided from Article 19 to 22 of constitution.

Right against exploitation

Right against exploitation prohibits all forms of forced labour, child labour and traffic of human beings. It is provided under Articles 23 and 24 of Indian constitution.

Right to freedom of religion

Right to freedom of religion includes freedom of conscience and free profession, practice, and propagation of religion, freedom to manage religious affairs, freedom from certain taxes and freedom from religious instructions in certain educational institutes. Article 25 to 28 enumerates the right to freedom of religion.

Cultural and Educational rights

Preserve the right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice. Article 29 and Article 30 of Indian constitution provides for cultural and educational rights.

Right to constitutional remedies

Right to constitutional remedies is present for enforcement of Fundamental Rights. It is provided under Article 32 of Indian constitution.

4. DIRECTIVE PRINCIPLES OF STATE POLICY

According to Dr. Ambedkar the directive principles are instruments of instructions to the legislature and the executives. Dr. Ambedkar said:

“Whoever captures the power, will not be free to do what he likes with it. In the exercise of it, he will have to respect these instruments, which are called ‘Directive-Principles’. He cannot ignore them.”

Directive Principles are merely guidelines to Government in action. Following are the directive Principle:

• Principles of Internal State Policies
• The principles of International Policy
• To secure the right of all men and women to an adequate means of livelihood
• To ensure equal pay for equal work
• To make effective provision for securing the right to work, education and to public assistance in the event of unemployment old age, sickness and disablement
• To secure to workers a living wage, humane conditions of work, a decent standard of life, etc.
• To ensure that the operation of the economic system does not result in the concentration of wealth
• To provide opportunities and facilities for children to develop in a healthy manner
• To provide free and compulsory education for all children up to 14 years of age
• To promote educational and economic interest of scheduled castes, scheduled tribes and other weaker sections
• To organize village panchayats
• To separate judiciary from the executive
• To promulgate a uniform civil code for the whole country
• To protect national monuments
• To promote justice on a basis of equal opportunity
• To provide free legal aid
• To protect and improve environment and forests and wildlife
• To promote international peace and security
• To promulgate a uniform civil code for the whole country
• To settle international disputes by arbitration
• To take steps to maintenance of international peace and security
• To maintain friendly relationship with all the countries
• To give respect to the international law
• The Constitution (42nd Amendment) Act, 1976, has amended Article 39 (f). The new clause provides that children are given opportunities and facilities to develop in a healthy manner and in condition of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

5. FUNDAMENTAL DUTIES

It shall be the duty of every citizen of India:

• To abide by the Constitution and respect its ideals and institutions, the National Anthem
• To cherish and follow the noble ideals which inspired our national struggle for freedom
• To uphold and protect the sovereignty, unity and integrity of India
• To defend the country and render national service when called upon to do so
• To promote harmony and spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women
• To value and preserve the rich heritage of our composite culture
• To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures
• To develop the scientific temper, humanism and the spirit of enquiry and reform
• To safeguard public property and to abjure violence
• To strive towards excellence in all spheres of individual and collective, so that the nation constantly rises to higher levels of endeavor and achievements
• To provide opportunities for education to his child or as the case be, ward between the age of 6 to 14 years by parent or guardian