Position of Minor's Agreement

The Constitution of India, adopted on 26th November 1949 and enacted on 26th January 1950, is a comprehensive document that establishes the legal and political framework for the country. Drafted by the Constituent Assembly under the leadership of Dr. B.R. Ambedkar, it defines the powers, duties, and responsibilities of the government and guarantees certain fundamental rights to its citizens. This essay explores the essential features of the Indian Constitution, which makes it a unique and dynamic document.

1. Preamble: The Guiding Light

The Preamble serves as the introduction to the Constitution and reflects the philosophy and values upon which the Indian nation is founded. It declares India to be a Sovereign, Socialist, Secular, Democratic Republic and highlights the ideals of justice, liberty, equality, and fraternity. These principles reflect the aspirations of the people and guide the interpretation of the Constitution.

The Supreme Court in Keshavananda Bharati v. State of Kerala (1973) held that the Preamble is an integral part of the Constitution, though not enforceable by law, and it embodies the basic structure of the Constitution.

2. Federal Structure with a Strong Unitary Bias

India follows a federal system, meaning there is a division of powers between the central government and state governments, as outlined in Article 246 and the Seventh Schedule of the Constitution. The division of legislative powers is into three lists:L

I.Union List: Subjects on which only the central government can legislate.

II. State List: Subjects on which only state governments can legislate.

III. Concurrent List: Subjects on which both the central and state governments can legislate, but in case of conflict, central law prevails.

However, India's federalism is often described as "quasi-federal" or a "federation with a strong unitary bias," particularly because of provisions like Article 356 (President's Rule) and Article 249 (Parliament's power to legislate on State List subjects under national interest), which tilt the balance of power towards the center in certain situations.

3. Parliamentary System of Government

The Indian Constitution establishes a parliamentary form of government, similar to the British model. Under this system, the executive is responsible to the legislature. The President of India is the nominal head of the state, while the real executive powers rest with the Prime Minister and the Council of Ministers.

The parliamentary system is based on the principle of collective responsibility of the Council of Ministers to the Lok Sabha, as enshrined in Article 75. The ministers must maintain the confidence of the majority in the Lok Sabha, failing which they must resign.

4. Fundamental Rights: Protection of Individual Liberties

The Constitution guarantees certain basic rights to individuals under Part III, known as Fundamental Rights. These rights are enforceable by the courts and act as a safeguard against the arbitrary actions of the state. The six categories of Fundamental Rights are:

I. Right to Equality (Articles 14-18)

II. Right to Freedom (Articles 19-22)

III. Right against Exploitation (Articles 23-24)

IV. Right to Freedom of Religion (Articles 25-28)

V. Cultural and Educational Rights (Articles 29-30)

VI. Right to Constitutional Remedies (Article 32)

Article 32 has been referred to as the "heart and soul" of the Constitution by Dr. B.R. Ambedkar, as it provides the right to approach the Supreme Court directly in case of violation of fundamental rights.

5. Directive Principles of State Policy: Guidelines for Governance

Part IV of the Constitution contains the Directive Principles of State Policy (DPSPs), which are non-justiciable but serve as a guide to the government in making laws. These principles aim to promote social and economic welfare and to establish a just society. Key provisions include:

I. Article 39: Equal distribution of wealth and resources.

II. Article 41: Right to work, education, and public assistance.

III. Article 44: Uniform Civil Code for all citizens.

Although not enforceable in courts, DPSPs influence legislation and policy-making, and many laws, such as those related to land reforms and labor rights, have been framed in light of these principles.

6. Fundamental Duties

The 42nd Amendment Act, 1976 introduced Fundamental Duties under Part IV-A of the Constitution. These duties, enshrined in Article 51A, aim to remind citizens of their moral obligations toward the state and society. Though non-justiciable, they emphasize the importance of national integration, respect for the Constitution, and environmental protection.

7. Secularism: Equal Treatment of All Religions

India is a secular state, which means that the state does not favor any religion and treats all religions equally. This is reflected in Article 25-28, which guarantee the freedom of religion. The state has no official religion and maintains a principled distance from religious affairs, ensuring that laws and policies are framed in a manner that does not discriminate based on religion.

8. Independent Judiciary and Judicial Review

An essential feature of the Constitution is the establishment of an independent judiciary, which acts as the guardian of the Constitution. The judiciary has the power to review the constitutionality of laws passed by the legislature and actions taken by the executive through judicial review.

Article 13 explicitly states that any law that is inconsistent with or in derogation of the Fundamental Rights shall be void. The Supreme Court and High Courts have the power of judicial review under Articles 32 and 226 respectively. The judiciary’s independence is ensured by provisions like the security of tenure of judges and the process for their removal.

9. Amendment Procedure

The Constitution provides for its amendment under Article 368. This is an important feature that allows the Constitution to adapt to changing circumstances while preserving its core structure. The procedure for amendment is flexible and involves the participation of both Parliament and, in certain cases, state legislatures.

Some amendments require a simple majority, while others require a two-thirds majority in Parliament and ratification by at least half of the state legislatures. The basic structure doctrine, established in Keshavananda Bharati v. State of Kerala (1973), ensures that while the Constitution can be amended, its basic features cannot be altered.

10. Single Citizenship

Unlike other federal countries that allow dual citizenship, India provides for single citizenship under Article 5-11. This ensures that all citizens are subject to the same laws and are entitled to the same rights, regardless of the state in which they reside. It promotes national unity and integrity.

11. Universal Adult Suffrage

The Constitution establishes the principle of universal adult suffrage under Article 326, meaning that every citizen above the age of 18, regardless of their religion, race, caste, or gender, has the right to vote in elections. This ensures a democratic form of government where people choose their representatives through free and fair elections.

12. Emergency Provisions

The Constitution contains detailed provisions to deal with extraordinary situations, known as emergency provisions, under Articles 352, 356, and 360. These include:

I. National Emergency (Article 352)

II. State Emergency/President’s Rule (Article 356)

III. Financial Emergency (Article 360)

During an emergency, certain fundamental rights can be suspended, and the power of the central government becomes dominant. These provisions ensure that the state can respond effectively to crises, but their misuse can undermine democracy, as seen during the Emergency of 1975-77.

13. Bicameral Legislature

The Indian Parliament is bicameral, consisting of two houses:

I. Lok Sabha (House of the People)

II. Rajya Sabha (Council of States)

The Lok Sabha represents the people directly, while the Rajya Sabha represents the states. This system ensures representation of diverse interests and acts as a check on hasty legislation.

Conclusion

The Indian Constitution is a dynamic and flexible document that combines the principles of federalism, parliamentary democracy, and a strong focus on individual rights and freedoms. It provides a robust framework for governance while allowing for adaptation to changing circumstances through its amendment provisions. The essential features of the Constitution reflect the aspirations of the people of India to build a society based on justice, equality, and liberty, while ensuring national unity and integrity.