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Constitution

Introduction to Constitution of India

By November 3rd, 2023No Comments

A constitution is a set of fundamental principles that constitute the legal basis of a country and commonly determines how it is to be governed. It defines how the country is governed and what are the rights and duties of the people and the authorities. A constitution also expresses the values and goals of the society and provides a framework to achieve equality and prosperity in a society. It is the supreme law of the land, and all other laws must be consistent with it.

Constitution of India at the Geospatial World Forum 2017 (Hyderabad, India)

Constitution of India at the Geospatial World Forum 2017 (Hyderabad, India)

The Indian Constitution is the longest written constitution in the world, comprising 470 Articles, 25 Parts, 12 Schedules, 5 Appendices, and 104 Amendments (as of October 2023). It was adopted by the Constituent Assembly on November 26, 1949, and came into force on January 26, 1950. It is based on the principles of parliamentary democracy, federalism, secularism, socialism, justice, liberty, equality, and fraternity.

  • Democracy: It is a system of government where the people have the power to choose their leaders and make decisions. In a democracy, the people can vote, express their opinions, and participate in the political process.
  • Federalism: Federalism is a system of government where the power is divided between a central authority and regional or local authorities. In the Indian federal system, both the central and the state authorities have their own areas of responsibility and can make their own laws.
  • Secularism: Secularism is a principle that separates religion and state. In a secular system, the state does not favour or interfere with any religion, and every person has the freedom to follow their own faith. The state also treats all religions equally and respects the diversity of beliefs.
  • Socialism: Socialism is an ideology that aims to provide social and economic justice for all people. It emphasises that the Government has the responsibility to provide basic services for the welfare of the people. 

The Supreme Court of India has held that “socialism” in the Indian Constitution means the establishment of equality in society through the rule of law.

  • Justice: Justice is a value that means that every person is treated fairly and impartially by the law and the institutions of the State. Justice also means that any form of oppression, discrimination, or exploitation is prevented and remedied by the State.
  • Liberty: Liberty is a right that means that every person has freedom of thought, expression, belief, faith, and worship. Liberty also means that every person has freedom of movement, residence, profession, and association. In India, the right to liberty is mentioned in Part III of the Constitution as a Fundamental Right, that is the Right to Life and Liberty. 

This right is widely interpreted by the judiciary to include many additional rights such as the right to dignity, a clean environment, medical care, privacy, etc.

  • Equality: Equality is a right that means that every person is recognized and respected as having equal worth and dignity, regardless of their gender, race, religion, caste, class, or any other identity. Equality also means that every person has equal access to opportunities such as education, health, employment, and justice.
  • Fraternity: Fraternity is a value that means that every person feels a sense of brotherhood and solidarity with other people. Fraternity also means that every person cooperates and contributes to the common good, peace, and harmony of society. 

The Constitution of India defines the structure and functions of the Union and State governments and their relations with each other. It lays down the fundamental rights of the citizens and empowers them to seek judicial remedies against any violation of their rights. It enshrines the directive principles of state policy, which guide the government to promote social welfare and justice. It declares India as a union of states and protects the unity and integrity of the nation. It safeguards the diversity and pluralism of India by recognizing various languages, religions, cultures, and regions. It embodies the spirit of constitutionalism by providing for constitutional amendments, judicial review, and basic structure doctrine. 

Continue to the next section: Historical Background of the Constitution (Part 1)