Under the Indian Independence Act 1947 in the British Parliament, India was given autonomy by making a separate Parliament, in which the Constituent Assembly was the first Parliament of India. Through which the Congress became the first government of India, which represented the citizens without the Lok Sabha elections, the Congress under the leadership of Pandit Nehru. It was submitted to the President of the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950. Through this article, we will try to know the features of the Indian Constitution, in which we will try to understand the complete constitution from the main issues.
1) Preamble of Indian Constitution –
Equality – Liberty – Fraternity and Justice This has been considered as the main objective of our constitution and the judiciary system of India, interpreting it, made this interpretation that no law can be made contrary to the purpose of the constitution. “We the people of India” This sentence shows that the citizens of India will determine who will rule India and the Constitution of India will determine what will be the purpose of running the system of India. Therefore, the Preamble of India, such an interpretation is made that the laws made contrary to the Preamble of the Constitution will be declared invalid.
Preamble of India This is the object of the constitution and it is called a social agreement between an Indian citizen and the Union of India. By the way, no law has been made to fulfill any responsibility to this social contract system. But the Supreme Court has clearly said that Parliament will not make any such law which is inconsistent with the Preamble of the Constitution. The Constitution of India has given the Supreme Court the right to declare such laws as void by Parliament if they are inconsistent with the Preamble.
2) Constitution is supreme in Indian democracy /Supremacy of Constitution –
This means that the constitution will be considered the highest in Indian democracy, for this the seniority of the constitution has been clarified through the Golakhnath case and Kesavanand Bharti case. Even though Parliament has been given the right to amend the Constitution according to Article 368, but according to Article 13, it has also done the work of controlling it. The Supreme Court has been entrusted with the responsibility of safeguarding the Constitution and the Parliament – the judiciary and the executive have been given the power to control each other. The constitution was considered supreme so that there is no centralization of power.
For the special rights of an individual, no injustice can be done to a group of society, this principle is used by the constitution. Therefore, the right to change the basic element of the constitution has not been given to any component of the system. As the Parliament has the limitation to make laws, the Constitution has put the binding of representative judicial process on the judiciary and it cannot gain control over any other constituent in a non-constitutional way. The same rule has been placed on the executive, which consists of officers of the government, who implement the policy made by the Parliament.
3) Sovereign – Democratic & Republic –
Sovereign means that India will have a border on which the law of the Constitution of India will run and this system will be run by the people in a representative form. All the people of India cannot run the Parliament, so people will send their representatives to the Parliament and Vidhan Sabha through elections in the representative form and they will make laws for the benefit of the people through the government. That is why it was called a republic, which has been the ancient history of India, in which the system has been run thousands of years ago through the republic.
Before the British came to India, the monarchical system was run in India, in which the son of the king became the king and whatever he spoke, the law of this state was made. In the history of India, before the monarchy, the republican system was run, the same system we use today. In which the king is made by the vote of the citizens and he is appointed after every five years by election in front of the public, that means in a democracy, the citizens of the country are the kings of the country. Republic means the rule of the people, in which the people can throw any system whenever they want, if that system starts making laws against the citizens.
4) Secular Character of the Constitution –
It is argued by the BJP government that “secular” is not an English synonym for the word secular, so all religions in India are branches of Hinduism, which remains a matter of legal dispute. But if we look at the four sutras of the constitution, we understand the true meaning of secular, which says that “equality-freedom-fraternity and justice” will be before all the citizens of India before their religion, caste and creed. This means that there will be no discrimination among Indian citizens due to these characteristics. If it is said in the language of the Supreme Court, then the laws made contrary to this Chatursutra will be declared void.
“equality before law” and “equal protection of law” are these fundamental rights to show that citizens are seen as equal as human beings irrespective of religion and caste. According to the Indian Constitution, no government official or representative will discriminate against any citizen, it will be a violation of the Constitution. Therefore, no one can discriminate in any activity from elections to government jobs. Special provisions have been made for minority society to get representation in the system so that the purpose of democracy can be successful.
5) Indian Constitution & Separation of Power –
“Power corrupts and uncontrolled power corrupts uncontrollably” was the principle used by Western thinkers to establish democracy. This means that in the democracy of India, no one person or group of people will be given much power, for this the main three parts of the democratic system were done, in which different powers were given to the judiciary-executive and parliament and they were given independent powers. It was said to work without interfering in the work of others. So we see that independent power has been given to all the systems.
Parliament has the right to expel any judge of the judiciary through impeachment in Parliament if that judge decides against the constitution. Similarly, the judiciary has the right to order the law made in the Parliament to be changed under judicial review or to declare the law void which is contrary to the constitution. Judicial system it is accountable to the constitution, the elected representatives in the parliament are also personally accountable to the constitution. In this way the constitution controls all the organs through each other.
6) Federal Structure of Indian Constitution –
All 50 states in America have been given autonomy, under which they can make their own laws, they can run the government, so in the Indian Constitution, we have included the federal character of America in our constitution, not taking the composition of parliamentary supremacy of the British constitution. Is. In India, we get to see different cultures in all four directions and the culture of South and North is very different from each other. The language is also different, so giving independent rights to all the states, separate rights were given in the Indian Constitution.
In the 7th Schedule of the Constitution, Article 246, the rights of the center, the rights of the states and mixed rights, which will be dominated by the center, such a list has been made. The principle of decentralization of the US Constitution has been included in the Constitution of India, due to which our constitution has been made a collaboration of this concentrated and decentralized authority. No organ has been given much power so that democracy should be balanced. The laws made by the states also have to make laws keeping in mind the purpose of the constitution and the center also has to follow the same rules.
7) Indian Constitution & Duel Party System –
Indian Parliament This will be the highest institution of democracy and one will be the proposed party which will come as the Government of India elected by the people and the other will be the opposition which will review the laws made by the ruling party in the Parliament. This composition is kept from the Parliament to the village Panchayat. So that the power should be kept under control. The party which has the majority in the parliament will establish power and the party which does not prove its numbers will be known as the opposition. Therefore, in the democratic system, great importance has been given to the opposition, so that the constitutional values should be protected.
As we have seen that the Constitution of India has decentralized power, keeping this principle alive, in the bipartisan parliamentary system, more than two political parties have to go to the public for votes in the elections. The public chooses the only representative from this who is right as a representative of the citizens and if he does not fulfill the assurances of the public in this five years time then the people will not vote for him. That is why the group of these representatives goes in front of the public on the political party and the party whose more members are elected forms the government and the second number party sits in the opposition.
8) Head of Union of India – The President of India –
According to the Indian Constitution, two types of system will be run in which one will be the Government of India and the other will be the Union of India, which will be headed by the President. Whatever agreement or agreement is made as a country of India, it will be representative of the President and he will act as a union of India, in which he will appoint his representative in every state, who is called the Governor, who will be in that state under the direction of the President. will work. The President acts as the head of the Union of India and the Government of India, but he is only in the form of an authorized representative.
The President is appointed by the vote of the Parliament and the representatives of the Legislative Assembly and Legislative Council of each state. All administrative appointments are made by the President, in which the officials act as advisors to the President for these appointments. President This is the head of the Parliament, under which all the important appointments of the Parliament are done through the President and the appointments of the executive and judiciary are done through the President. Parliament has the power to expel the President through impeachment.
9) Article 13 Indian Constitution & Rule of Law –
Under Article 13 of the Indian Constitution, whatever laws, traditions and customs that have been inconsistent with the ideas of the Constitution, it was declared void. In this, the laws and culture before independence and the laws and practices implemented after independence were banned and if the Parliament or the legislature of any state makes such laws, then the judicial system will declare it void. Through any religion or tradition, if someone runs a parallel judicial system, then the law system has the right to prohibit it.
In this, the developed countries of the world use this principle “due process of law” for the judicial process, which is based on logic and judicial principles. By amending the Constitution of India, this “procedure established by law” was brought in Article 13, so that the power of the Parliament to amend the Constitution under Article 368 was retained. The boundary of India is the limit to implement this law and order, while in the sea and the sky, it is decided through international law to decide the law and order. If there is any crime in the sea or during the air travel, then those jurisdictions are decided.
10) Constitution of India and Article 32 and Article 226 –
Important Petitions (Writ)
- Habeas Corpus (To have the body of) – The right not to be kept in detention (detention) that a person has against the government.
- Mandamus (We Command) – If the government officer is negligent in his duty or refuses to do so.
Prohibition ( to Forbid) – If the Supreme Court sees that the lower court is acting outside its jurisdiction.
- Certiorari (to be certified / to be informed) – In case of breach of jurisdiction, or error in decision-making, the higher court can annul the order of the lower court or transfer it to another court.
- Quo-Waranto ( by what authority / warrent) – Supreme Court and High Court can give this order to the lower court if the law has been misused.
Under Article 32 and Article 226, the Supreme Court of the country and 25 High Courts work to protect the fundamental rights of citizens given in the Constitution. By filing a petition under Article 32, any citizen of the country can fight for the protection of his rights in the Supreme Court. By filing a petition in the High Court under Article 226, any citizen of the country can seek justice to protect his rights.
The Supreme Court and the High Court can take cognizance of any matter where the fundamental rights are violated and declare such cases as void. Such matters can be taken into their own hands by filing a petition in the Supreme Court or by taking cognizance of the Supreme Court and the High Court. This power has been given by the Constitution to the Supreme Court and the High Court.
11) Indian Constitution and Article 15 –
Before the independence of India, there have been many social rules, through which certain sections of the people were kept separate from the society and deprived of education and business. Therefore, through Article 15, a separate provision should be made for such socially and educationally backward classes, such a right was given to the Parliament by the Constitution. It was said that special provisions should be made to establish equality for children and women. Any citizen was given the right to do business and live in any state.
Through this article, the tradition of untouchability, which has been going on for the last thousands of years, was ended. Scheduled Castes, Scheduled tribes, Other Backward Classes, Minority Society and Women, this special class is recognized by the Constitution, which can make special provisions to bring it into the flow. There cannot be an argument of equality here because not everyone is getting the same treaty. Therefore, reservation is the subject of the Indian Constitution, on which the politics of India has been going on for the last 70 years. Everyone has different opinions in this, but the constitution clearly says to make provision for reservation for this.
12) Constitution of India and Article 21 –
Personal safety and personal liberty This is an important right given through Article 21, in which it is necessary to take care of these things in the legal process. In the judicial system of India, many times the Chief Justice of India said that the government should take initiative to improve the judicial system. In which lakhs of cases remain stuck in judicial process mainly due to less staff and the problem of under trial accused is another issue which makes our judicial process guilty. In which the question arises when the long trial is innocent, then who will be responsible for his spoiled life.
Therefore, he can exercise his powers in the judicial process until the charges are proved, it has been seen in many such cases. Before judging any accused, the media considers such accused guilty and tarnishes the image of that person in the citizens. For which any cognizance has been taken by the Supreme Court on such media, there is no such example to be seen so that the media should be kept under control. Contempt of Court This rule is due to this reason so that no decision should be affected by putting pressure on the society on any case.
13) Fundamental Rights of Indian Constitution –
- Right to Equality Article 14-18
- Right to Freedom Article 19-22
- Right against exploitation Article 23 – 24
- Right to Freedom of Religion 25 – 28
- Culture and Right to Education Article 29-30
- Right to enjoy constitutional rights Article 32 & 226
Fundamental rights have been protected through Article 13 and no government of India can make laws against these fundamental rights. In 1978, by the 44th constitutional amendment, the property right was abolished by the Indira Gandhi government, because without abolishing the Zamindari system, there could be no proper distribution of property in the society, so be it the Golaknath case or the Kesavanand Bharati case, it was said that in the case of personal interest, If the interest of the society is harmed because of this, then the interest of the society will be in priority.
Therefore, the fundamental right in the Constitution was given the right to abolish the Parliament, but the basic structure of the Constitution cannot be touched by the Parliament, which was called the Preamble. Freedom of speech in fundamental rights Due to this right, the media became the fourth important pillar of the constitution, which could control the three parts of the system. Therefore, along with the fundamental rights, what would be the duties for the citizens in the constitution, it was also determined, which were called Fundamental Duties.
14) Parliamentary form of Government –
The effect of the British Parliament system is visible on the democracy of India, but the British Parliament has been given unlimited powers, rather that constitution itself, there is no constitution written in Britain. In America, there is a presidential democratic system, in which once the president is elected, he is powerful till his term. In the democratic system of India, Parliament is the supreme law-making body whose representatives are elected by the people. These representatives run the government for five years and there are two houses in the Parliament, in which there are Senior Auditorium and Junior Auditorium.
Representatives in the senior auditorium are experts in this particular area, which is beneficial for policy making and they are elected by the elected representatives of the Lok Sabha and Vidhan Sabha. Junior Auditorium This is the hall of representatives elected by the people, where the political party which proves the majority forms the government. In Parliament, the leader of that political party is elected to the post of Prime Minister who leads the cabinet. No citizen can deny the constitutional made law in the Parliament, it is the “Law of the Land”.
15) Directive Principle of State Policy –
- Article 36 – State means the Central Government and the Government of all the States as explained in Part 3.
- Article 37 – Like fundamental rights, this principle is not binding (not enforceable by law in the court) but it is the duty of the government to follow it.
- Article 38 – The government has to work for the establishment of economic equality among the people and make policy on the economic interest of all the people rather than a particular person or group of people.
- Article 39 – Natural means The division of property should be done in a right way in the society, it is for the government to see.
- Article 39A – To encourage the law and order to deliver justice and no citizen should be discriminated against due to economic reasons.
- Article 40 – Enabling the village panchayat by giving it powers.
- Article 41 – Special provision has to be made for education and job and it is to be protected against disability, old age, debilitating disease.
- Article 42 – The government will determine such a policy so that the laborers get a good working environment and the women get the right benefits at the time of delivery.
- Article 43 – Set the right salary policy for the employees to lead a good life.
- Article 44 – Uniform civil code to be made into law.
- Article 45 – Children should be provided free education up to the age of 14 years.
- Article 46 – Special policy should be made to give equal opportunity to the weaker sections of the society who are women, socially and educationally backward.
- Article 47 – A policy should be made so that all citizens of the country can get the right diet.
- Article 48 – Economic reforms of the agricultural sector should be improved and special promotion of nature should be done.
- Article 49 – Promotion of historical things should be done.
- Article 50 – The state should make a policy to keep the judiciary and the executive separate.
- Article 51 – International peace and security must be initiated.
In part 4 of the constitution, duties have been prescribed for how the state is to function, in which state means the central government and the government of all the states, which has been determined how to work. From Article 36 to Article 51 of the Constitution, we have been told what will be the guiding elements to the states, which are not binding like fundamental rights, but in the Constitution, the meaning of 8 is to do, which has another meaning if a government behaves contrary to this. If so, it will be considered as treason to the constitution.