Constitutional Law at India
India's Constitution, adopted on 26 January 1950, is the supreme law of the land, establishing the framework for the country's political principles, procedures, and powers. It is the longest written constitution in the world, originally comprising 395 Articles and 12 Schedules, and has been amended over 100 times to address evolving needs.
🇮🇳 Key Features of the Indian Constitution
1. Preamble
The Preamble sets forth the objectives of the Constitution, declaring India to be a sovereign, socialist, secular, democratic republic committed to securing justice, liberty, equality, and fraternity for its citizens.
2. Fundamental Rights (Part III)
These rights guarantee individual freedoms and are enforceable by the courts. They include:
Right to Equality
Right to Freedom
Right against Exploitation
Right to Freedom of Religion
Cultural and Educational Rights
Right to Constitutional Remedies
Notably, the Right to Property was removed from Part III by the 44th Amendment in 1978.
3. Directive Principles of State Policy (Part IV)
These are guidelines for the government to establish a social and economic democracy. While not enforceable by courts, they are fundamental in the governance of the country.
4. Fundamental Duties (Part IVA)
Introduced by the 42nd Amendment in 1976, these duties outline the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India.
5. Federal Structure with Unitary Bias
India follows a federal system with a strong central government. Features include:
Single Citizenship
Integrated Judiciary
All India Services
Emergency Provisions
Article 1 describes India as a Union of States, emphasizing the indestructible nature of the Indian Union.
6. Parliamentary System of Government
Adopted from the British model, this system features:
Collective Responsibility
Majority Rule
Secularism
Independent Judiciary
7. Judicial Review
The Supreme Court and High Courts have the power to review laws and executive actions to ensure they conform to the Constitution. This power is essential for maintaining the supremacy of the Constitution.
8. Secular State
The Constitution mandates that the state shall not favor any religion, ensuring freedom of religion and equal treatment of all religions.
9. Independent Judiciary
The judiciary is independent of the executive and legislature, ensuring the protection of fundamental rights and upholding the rule of law.
10. Emergency Provisions (Part XVIII)
These provisions allow the President to declare:
National Emergency
President's Rule (in states)
Financial Emergency
These measures enable the central government to take necessary actions during critical situations.
📘 Accessing the Constitution
The full text of the Constitution of India
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