The Story of Indian Constitution - Learn Everything

What is Constitution of India?

The Indian Constitution is unique in both spirit and content. Notwithstanding the fact that several features of the constitution have been borrowed from other constitutions from all around the world, it is really a unique piece of work.

The original constitution have been considerably changed by the various amendments that have been brought forth such as the 7th, 42nd, 44th, 73rd and 74th Amendments.

Important Amendments of the Constitution of India The Indian Constitution is not a rigid constitution.

It can be amended by the Parliament following a few rules. There have been made many changes in the Constitution of India.

Some of the important amendments of the Indian Constitution are: 42nd Amendment 44th Amendment

The 42nd Amendment is also known as the “Mini Constitution” because it made several sweeping changes to the constitution. This was during the Emergency in 1976. In 1973, the Supreme Court had ruled in the Kesavananda Bharati case that the constituent power of the Parliament under Article 368 does not empower it to alter the basic structure of the constitution.

Constitution of India – Preamble The first constitution to start with a preamble was the American Constitution.

The Indian constitution also starts with one. The Preamble is basically the introduction or preface to the constitution. It sums up the essence of the constitution. N A Palkhivala, a constitutional expert, referred to the Preamble as the ‘Identity card of the Constitution’. The Preamble is based on Pandit Nehru’s Objective Resolution that he moved and was adopted by the Constituent Assembly.

The Preamble has been amended in 1976 by the 42nd Amendment which added words ‘socialist’, ‘secular’ and ‘integrity’ to it. Ingredients of the Preamble The Preamble gives 4 components: Source of authority of the Constitution: it mentions that the constitution derives its power from the people of India.

1. Nature of the Indian State: it says India is a sovereign, socialist, secular, democratic and republican State. Objectives of the Constitution: it gives the objectives as – justice, liberty, equality and fraternity.
2. Constitution date of adoption: 26th November 1949 Features of Indian Constitution The chief features of the Indian Constitution are described below: Federal System with Unitary Bias The constitution establishes a federal government system in India.

All the expected features of a federal state such as two government levels, division of power, supremacy and rigidity of the constitution, written constitution and bicameralism are present. But, the constitution also contains many features of a unitary form of government such as single citizenship, strong Centre, single constitution, flexibility of constitution, all-India services, integrated judiciary, appointment of state governor by the Centre, emergency provisions, and so on.

In addition, the term ‘federation’ is not mentioned in the constitution. Article 1 says India is a ‘Union of States’, implying – The Indian federation is not the result of an agreement by the states. States do not have the right to secede from the federation. Parliamentary Form of Government The parliamentary form, borrowed from the British system, is based on the principle of cooperation and coordination between the legislative and executive.
This form of government is alternatively known as the Westminster model of government. It is also called responsible government and cabinet government. According to the constitution, not only the Centre, the parliamentary form is followed even in the states.

In India, the features of the parliamentary form of government are as follows: Nominal and real executives Rule of the majority party Collective responsibility of the executive to the legislature Membership of the ministers in the legislature Leadership of the prime minister or the chief minister Dissolution of the lower House

There are some basic differences between the Indian and the British models, even though both follow the parliamentary form of government. The Indian parliament is not a sovereign body; the British Parliament is.

Also, the Indian State has an elected head (since it is a republic) while the British head is hereditary (since Britain is a constitutional monarchy). Parliament: Structural and Functional Dimensions According to Article 79, there is a Parliament and 2 Houses or chambers – the House of the People (Lok Sabha) and the Council of States (Rajya Sabha). The President is the head of the executive and also a constituent part of the legislature. He performs many functions with regard to the Parliament.

However, the president cannot sit in or take part in the discussions in the houses. The president summons and prorogues the houses whenever required. He is also a vital part of the process of legislation in India as he has to give his assent to every bill passed before it can become a law.

He has the power to dissolve the Lok Sabha. At the start of the first session after each general election to the Lok Sabha and at the commencement of the first session each year, the President addresses both the chambers which is known as the special address. Article 123 also gives the president the power to promulgate ordinances.

Constitution

The Indian constitution is unique in its content and spirit. The salient features of the constitution are as follows:-

• Lengthiest written Constitution
• Blend of Rigidity and Flexibility
• Federal system with unitary features
• Parliamentary form of Government
• Independent judiciary
• Single citizenship
• Emergency provision

Structure: The Indian Constitution originally consisted of 395 Art, 22 parts, 8 Schedules. But after the Constitution 104th Amendment Act, 2003, the Indian Constitution Consists of 448 Art, 25 parts, 12 Schedules.

Preamble: The preamble to the constitution is based on the “ objective resolution” drafted and moved by Pandit Nehru and adopted by constituent assembly.

It runs as follows:- “We THE PEOPLE OF INDIA, having solemnly resolved to constitute India in to a SOVERIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizen:-

• JUSTICE, social, Economic, and Political;'
• LIBERTY of thought, expression, belief, faith and worship;
• EQUALITY of status and of opportunity;
• FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation;

In our Constituent Assembly, this 26th November, 1949, do hereby adopt, enact and give to ourselves this constitution.”

Purpose of the Preamble: The preamble to the constitution is a key to open the minds of the makers and shows the general purpose for which they made the several provisions in the constitution.

Preamble serves the following purposes:

1. It discloses the source of the constitution.
2. It lays down the date of the commencement of the constitution.
3. It set out the rights and freedoms which the people of India wished to secure for themselves.
4. It declares the nature of the government.

Q1: Whether Preamble is the part of the constitution?
Ans: In the case of Kesvanand Bharti vs. State of Kerala, the supreme has held that preamble is part of the constitution. Preamble is of extreme importance and the constitution should be read and interpreted in the light of grand and noble vision expressed in the preamble.

However, two things should be noted:

• The preamble is neither a source of power to legislature nor prohibition upon the powers of legislature.
• It is not justiciable i.e. not enforceable in courts of law.

Q2: Whether preamble can be amended?
Ans: Supreme Court has held that preamble can be amended subject to the condition that no amendment is done to the ‘ Basic structure’ of the constitution.

The Preamble has been amended only once by the 42nd Constitutional Amendment act, which has added three new words- Socialistic, Secular and Integrity- to the preamble.

Nature of Indian Constitution:

The Constitution is of two kinds:

1. Unitary: In a Unitary Constitutions the powers of the Government are centralized in one Government v.z. the States or Provinces are Subordinates to the Centre.
2. Federal: In Federal Constitution, there is a division of Powers between the federal and the State Government and both are independent in their own spheres.

The American Constitution is universally regarded as an example of the Federal Constitution.

Characteristics of a federal Constitution:

1. A Written Constitution: For a federal Constitution it is Mandatory that there should be a written Constitution.
2. Dual Government: In case of federal constitution, there is system of dual government one at Centre and another at state.
3. Supremacy of Constitutions: For a federal Constitution there should be supremacy of the Constitution. At the time of the exercise of power by three organs of the Govt. i.e. legislative, executive and Judiciary, all functions are Subordinated and Controlled by the Constitution.
4. Distribution of Powers: Federalism means the distribution of powers of the State among a Number of Co-ordinate bodies each originating in and controlled by the Constitution
5. Rigidity: Rigidity is one of the Basic essential of a federal Constitution. It highly depends on the Process of amendment.
6. Independent Judiciary: There should be an independent judiciary having authority on other organs.

In a federal Constitution the courts (judiciary) has the final power to interpret the Constitution. Finally it should say that the judiciary is the Guardian of the Constitution.

Conclusion

Finally if can be said that the Indian Constitution is neither Purely federal nor purely unitary but a Unique Combination of Both aspects.