Short Essay On Indian Constitution
The Indian Constitution is the supreme law of India and is the longest written constitution of any sovereign country in the world. It was adopted on 26th November 1949 and came into effect on 26th January 1950. The Indian Constitution was drafted by the Constituent Assembly and is a testament to India’s commitment to democracy, justice, and equality for all its citizens.
- Federal System of Government: The Indian Constitution establishes a federal system of government, with powers divided between the central government and the states. This helps to ensure that the government is accountable to both the central government and the states, and prevents any one level of government from becoming too powerful.
- Fundamental Rights: The Indian Constitution guarantees certain fundamental rights to all its citizens, including the right to equality, freedom of speech and expression, and the right to life and personal liberty. These rights serve as a safeguard against discrimination and oppression and are considered sacred and non-negotiable.
- Directive Principles of State Policy: The Indian Constitution also lays down certain Directive Principles of State Policy, which serve as a guide for the government in its policies and decision-making. These principles include promoting social and economic justice, promoting international peace and security, and protecting and improving the environment.
- Independent Judiciary: The Indian Constitution establishes an independent judiciary that acts as a guardian of the Constitution and ensures that the government and other public institutions are held accountable. The judiciary is also empowered to interpret the Constitution and resolve disputes between the central and state governments.
- Separation of Powers: The Indian Constitution follows the principle of the separation of powers, with the legislative, executive, and judicial branches of government having separate and distinct powers and responsibilities. This helps to prevent the concentration of power in any one branch of government and promotes accountability and checks and balances.
- Secularism: The Indian Constitution enshrines the principle of secularism, which means that the government must be neutral with respect to religion. This ensures that all citizens are free to practice their own religion and that no one religion is given preferential treatment over another.
In conclusion, the Indian Constitution is a remarkable document that serves as the foundation of India’s democracy and is a source of pride for the country. It guarantees fundamental rights, establishes a federal system of government, promotes social and economic justice, and ensures the independence of the judiciary. The Indian Constitution is a living document that has been amended several times to keep pace with changing times and the needs of the people, and it remains a shining example of India’s commitment to democracy, justice, and equality for all.
Long Essay On Indian Constitution
The Indian Constitution is a document of great importance to the country. It not only lays down the fundamental law of the land but also outlines the rights and duties of citizens. This essay will take a look at the history, structure and contents of this important document that has guided India for decades. We’ll also explore how it has evolved over time and what role it plays in modern times.
Introduction
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest constitution in the world.
The Constitution was adopted by the Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950. The date 26 January was chosen to commemorate the Purna Swaraj declaration of independence of 1930. With its adoption, the Union of India officially became the modern and contemporary Republic of India replacing the Government of India Act 1935 as the country’s fundamental governing document. The Constitution declares India a sovereign, socialist, secular republic with an independent judiciary.
It was drafted by the Constituent Assembly between 1946 and 1949 under leadership of Dr B R Ambedkar as Chairman of its Drafting Committee. The members repudiated earlier treaties with Britain (the 1858 Government of India Act) and especially rejected ideas about a centralised state contained in previous constitutions such as that proposed by Sir Edward Coke in 1628 or even that which had been used to govern British colonies such as Australia (the 1900 Australian Constitution).
Underlying these decisions was a belief that power should devolve more widely through society so as prevent any one group from having too much control over others; this was thought necessary given historical events such as colonialism and communal violence. Federalism was also another
Historical Overview of the Indian Constitution
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers and duties of government institutions and sets out fundamental rights, directive principles and the duties of citizens. It is the longest constitution in the world. Dr. B.R. Ambedkar is widely regarded as its chief architect.
The Constitution was adopted by the Constituent Assembly on 26 November 1949, with a Preamble, 22 parts containing 448 articles and 8 schedules. It came into effect on 26 January 1950 with George VI as head of state for India. The last amendment to the Constitution of India was made in 2019. Some of the major amendments include abolition of untouchability and introduction of right to property as a legal right.
The Constitution declares India a sovereign, socialist, secular, democratic republic, assuring its citizens justice, equality and liberty and endeavours to promote fraternity among them. The words “socialist” and “secular” were added to the definition in 1976 by constitutional amendment. India celebrates its Constitution Day on 26 November every year.
Fundamental Rights and Duties of Citizens
The Fundamental Rights and Duties of Citizens are mentioned in the Constitution of India. They are defined as the basic rights and duties of every citizen of India.
The Fundamental Rights include the right to equality, right to freedom, right against exploitation, right to life and personal liberty, right to freedom of religion, cultural and educational rights, and right to constitutional remedies.
The Fundamental Duties include duties towards the nation, such as maintaining harmony among different sections of society, promoting integrity and common good, protecting public property, safeguarding environment, etc.
Every citizen is entitled to these rights and duties. It is the duty of every citizen to uphold the Constitution and strive towards the welfare of the country.
Directive Principles of State Policy
The Directive Principles of State Policy are a set of guidelines for the Indian Parliament to use when creating legislation. They are found in Part IV of the Constitution of India. The principles are based on the philosophy of Mahatma Gandhi and were added to the Constitution by Jawaharlal Nehru during the drafting process.
The Directive Principles are not enforceable by courts, but they are considered fundamental in the governance of the country. The principles cover a wide range of topics, including social welfare, education, economic development, and civil rights.
Some of the more notable Directive Principles include:
– Promoting equality and prohibiting discrimination on the grounds of caste, race, religion, or gender
– Establishing a minimum wage
– Providing free and compulsory education for all children up to the age of 14
– Protecting workers’ rights, including the right to form unions
– Promoting environmental conservation
– Agrarian reform and improving conditions for rural workers
Role of the Prime Minister and Cabinet
The Prime Minister of India is the chief executive of the Government of India. The President of India appoints the Prime Minister, who also has to be the leader of a party with a majority in the Lok Sabha (lower house of parliament).
The Prime Minister and his/her Council of Ministers are collectively responsible to the Lok Sabha. The Prime Minister is also responsible for appointing various key officials, such as the Governors of State Banks and other important financial institutions.
The Cabinet is a body of senior ministers, usually numbering around 20, headed by the Prime Minister. It advises and helps him/her in policy formulation and decision-making. All decisions taken by the Cabinet are collective decisions taken by all its members.
The role of the Prime Minister has evolved over time. In the initial years after independence, Jawaharlal Nehru was both the Prime Minister and the de facto leader of the Congress Party. Over time, however, this changed and there was a separation between the two roles. Indira Gandhi was perhaps the most prominent example of a Prime Minister who was also head of her party.
Legislature and Judiciary
The Constitution of India vests the legislative power of the Union in the Parliament which consists of the President, the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The President has the power to promulgate ordinances when Parliament is not in session. The Parliament has power to make laws for the whole or any part of the territory of India.
The Constitution also establishes an independent judiciary which consists of the Supreme Court, High Courts and other subordinate courts. The Supreme Court is vested with the power of judicial review and it can declare a law made by Parliament as unconstitutional if it violates any provision of the Constitution. The High Courts are vested with original jurisdiction over matters relating to their respective states while subordinate courts deal with matters relating to local areas.
Distribution of Powers between Centre and States
The Constitution of India provides for a federal system of government, whereby power is distributed between the central government and the states. The distribution of powers between the Centre and the states is as follows:
The Parliament of India has the power to make laws for the whole of India with respect to any of the matters enumerated in the Union List. The Union List contains 100 items (as opposed to 97 in the original Constitution), which include defence, foreign affairs, currency, banking, communications, etc.
The Parliament of India also has the power to make laws for any part of India with respect to any matter not enumerated in the State List or Concurrent List. In other words, Parliament can make laws on any subject not expressly reserved for the states. However, before making any law on a matter not enumerated in these lists, Parliament must obtain the consent of the President.
The State Legislature has exclusive power to make laws for its state with respect to any of the matters enumerated in the State List. The State List contains 66 items (as opposed to 61 in the original Constitution), which include police, trade unions, agriculture, irrigation, local government, etc. In addition, each state has been given residuary powers, which means that it can legislate on any matter not expressly reserved for either Parliament or itself.
The Concurrent List contains 52 items (as opposed to 47 in the original Constitution), which include education, forests, trade disputes, marriage and divorce, electricity, etc. Both the Centre and the states can make laws on these matters, but in the case of a conflict between the two, the law made by Parliament shall prevail over that made by any state legislature.
Emergency Provisions in Indian Constitution
The Constitution of India contains a number of provisions for dealing with emergencies. Article 352 of the Constitution empowers the President to declare a national emergency. A national emergency can be declared on the grounds of internal disturbance or external aggression.
Internal disturbance refers to a situation where the security of India is threatened by internal factors such as riots, armed rebellion, etc. External aggression refers to a situation where the security of India is threatened by external forces such as war, invasion, etc.
Once a national emergency is declared, the President can exercise his/her discretionary powers to deal with the situation. These powers include suspending the fundamental rights of citizens, imposing censorship on the media, and detaining persons without trial.
The Constitution also provides for state emergencies under Article 356. A state emergency can be declared if the President is satisfied that there is a breakdown of law and order in a state or that the government of the state cannot be carried on in accordance with the provisions of the Constitution.
Once a state emergency is declared, the President can assume direct control over the administration of the state. The President can also dismiss the state government and impose president’s rule in the state. Under president’s rule, all executive and legislative powers are vested in the hands of the central government.
The Constitution contains certain safeguards to prevent abuse of power during emergencies. For instance, Article 358 suspends all Fundamental Rights guaranteed by Part III of the Constitution during an emergency but expressly states that Articles 20
Amendment Procedure
The Constitution of India can be amended in two ways. The first way is by a simple majority of the Parliament. The second way is by a special majority, which requires a two-thirds majority of the Parliament, as well as the approval of at least half of the state legislatures.
Conclusion
The Indian Constitution is a unique document with many important principles and values embedded within it. It has been an essential foundation for India’s growth and stability since independence, providing citizens with the rights to freedom, equality, justice, and dignity. The constitution provides a comprehensive legal framework that guarantees civil liberties while protecting fundamental rights of all individuals regardless of race, religion or gender. In short, the Indian Constitution is not only the cornerstone of our democracy but also serves as an example around the world on how constitutional law can be used to protect liberty and promote progress in society.
Manisha Dubey Jha is a skilled educational content writer with 5 years of experience. Specializing in essays and paragraphs, she’s dedicated to crafting engaging and informative content that enriches learning experiences.