Constitution
of India
PREAMBLE
AND THE SALIENT
FEATURES
OF THE
CONSTITUTION
OF INDIA
The
Constitution of India was framed by a Constituent Assembly. This Assembly was
an indirectly elected body. It had laid down certain ideals to be included in
the Constitution. These ideals included commitment to democracy, guarantee to
all the people of India-Justice, equality and freedom. It had also proclaimed
that India will be a Sovereign Democratic Republic.
The
Constitution of India begins with a Preamble. The Preamble contains the ideals,
objectives and basic principles of the Constitution. The salient features of
the Constitution have evolved directly and indirectly from these objectives
which flow from the Preamble.
In this
lesson you will learn about the framing of the Constitution, its political
philosophy as reflected in the Preamble and the salient features of the
Constitution.jectives
5.1 The
Constitution
The
Modern State is considered to be a state for the welfare of the people. It is
therefore, suggested that it should have a government of a particular form with
appropriate powers and functions. The document containing laws and rules which
determine and describe the form of the government, the relationship between the
citizens and the government, is called a Constitution.
As such a
constitution is concerned with two main aspects the relation between the
different levels of government and between the government and the citizens.
A
constitution is the basic fundamental law of a State. It lays down the
objectives of the State which it has to achieve. It also provides for the
constitutional framework that is, various structures and organs of the
governments at different levels. In addition, it describes the rights and
duties of the citizens. It is, therefore, considered to be the basis for the
governance of the country both in terms of goals and objectives as also their
structures and functions.
5.2 The
Constituent Assembly
The
Constitution of India was framed by the Constituent Assembly. The Assembly was
constituted in 1946. The members of the Constituent Assembly were indirectly
elected by the members of the existing Provincial Assemblies. In addition,
there were members nominated by the rulers of the Princely States. With
Independence of India, the Constituent Assembly became a fully sovereign body.
The
Constituent Assembly, following the partition of the country in 1947, consisted
of 299 members as on 31st December 1947. Of these 229 members were elected by
the provincial assemblies and the rest were nominated by the rulers of the
princely states. Majority of the members in the Constituent Assembly belonged
to the Congress party. All prominent leaders of the freedom movement were
members of the Assembly.
Princely
States During the British Rule there were about 560 areas which were not
directly under the control of the British. These were Kingdoms or ‘Riyasats’
under Indian rulers or Princes. These were called ‘Princely States’. To name a
few, Kashmir, Patiala, Hyderabad, Mysore, Baroda, were some of the princely
states.
Working of the Constituent Assembly
The
Constituent Assembly was chaired by the President of the Assembly. Dr. Rajendra
Prasad was elected as the President of the Assembly. The Assembly worked with
the help of a large number of committees and sub-committees. The committees
were of two types:
(a) Relating to matters concerning with
procedures, and
(b) Concerning
important issues.
In
addition there was an Advisory Committee primarily advised from outside. The
most important committee was the Drafting Committee. Dr. B.R. Ambedkar was the
Chairman of the Drafting Committee. The task of the Committee was to prepare
the draft of the Constitution. The Constituent Assembly met for 166 days spread
over a period of 2 years 11months and 18 days. The procedure followed in the
Assembly was Similar to that which is followed in legislature.
The
leaders of the Constituent Assembly were conscious that the need of the hour
was general agreement on different issues and principles. As a result,
deliberate efforts were made to achieve consensus. While arriving at any
decision, the aspirations of the people were uppermost in the minds of the
members of the Assembly.
ext
Question 5.1
3. The
Constitution of India was drafted by the
a)
Advisory Committee
Dr.
Rajendra Prasad President of Constituent Assembly Dr. B.R. Ambedkar, Chairman
of drafting committee of constitution.47
b) Secretariat
of the Assembly
c)
President of the Assembly
d)
Drafting Committee 5.3 Objectives of he Constitution
The
Constitution of independent India was framed in the background of about 200
years of colonial rule, a mass-based freedom struggle, and the national
movement, partition of the country and spread of communal violence. Therefore,
the framers of the Constitution were concerned about the aspirations of the
people, integrity and unity of the country and establishment of a democratic
society. Amongst the members there were some who held different ideological
views. There were others who were inclined to socialist principles, still
others holding Gandhian thinking but nothing could act as any kind of
impediment in the
progress
of the Assembly’s work because all these members were of liberal ideas. Their
main aim was to give India a ‘Constitution’ which will fulfill the cherished
ideas and ideals of the people of this country.
Dr.
Rajendra Prasad signing the new constitution Conscious efforts was made
to have consensus on different issues and principles and thereby avoid
disagreement. The consensus came in the form of the ‘Objectives Resolution’
moved by Jawahar Lal Nehru in the Constituent Assembly on December 17, 1946
which was almost unanimously adopted on January 22, 1947. In the light of these
‘Objectives’ the Assembly completed its task by November 26, 1949. The
constitution was enforced with effect from January 26, 1950. From that day
India became a Republic. Exactly twenty years before the first Independence Day
was celebrated on Jan. 26, 1930 as decided by the Lahore session of the
Congress on Dec. 31, 1929. Hence, January 26, 1950 was decided as the day to
enforce the constitution.
The
Preamble
As you
know that the Constitution of India commences with a Preamble. Let us find out
what a ‘Preamble’ is. The Preamble is like an introduction or preface of a
book. As an introduction, it is not a part of the contents but it explains the
purposes and objectives with which the document has been written. So is the
case with the ‘Preamble’ to the Indian Constitution. As such the ‘Preamble’
provides the guide lines of the Constitution.
Preamble
of Indian Constitution
The
Preamble, in brief, explains the objectives of the Constitution in two ways:
one, about the structure of the governance and the other, about the ideals to
be achieved in independent India. It is because of this, the Preamble is
considered to be the key of the Constitution.
The
objectives, which are laid down in the Preamble, are:
i)
Description of Indian State as Sovereign, Socialist, Secular, Democratic
Republic.
(Socialist,
Secular added by 42nd Amendment, 1976).
ii)
Provision to all the citizens of India i.e.,
a)
Justice social, economic and political
b)
Liberty of thought, expression, belief, faith and worship
c)
Equality of status and opportunity
THE
CONSTITUTION OF INDIA
PREAMBLE
WE, THE
PEOPLE OF INDIA, having solemnly resolved to constitute India into a 1[SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its
citizens:
JUSTICE, social,
economic and political;
LIBERTY of
thought, expression, belief, faith and worship;
EQUALITY of status
and of opportunity;
and to
promote among them all FRATERNITY assuring the dignity of the
individual and the 2[unity and integrity of the Nation];
IN OUR
CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
1. Subs.
by the Constitution (Forty second Amendment) Act, 1976, s. 2 for “SOVEREIGN DEMOCRATIC
REPUBLIC” (w.e.f. 3-1-1977)
2. Subs.
by s. 2. ibid, for “unity of the Nation” (w.e.f. 3-1-1977).
Preamble
and The Salient Features of The Constitution of India Aspects of the
Constitution
of India
d)
Fraternity assuring dignity of the individual and unity and
integrity of the
nation.
Let us see what these objectives mean and how have these been reflected in the
Constitution?Sovereign, Socialist, Secular, Democratic Republic
Sovereignty
Sovereignty
is one of the foremost elements of any independent State. It means absolute
independence, i.e., a government which is not controlled by any other power :
internal or external. A country cannot have its
own constitution without being sovereign. India is a sovereign country. It is
free from external control. It can frame its policies. India is free to
formulate its own foreign policy.
Socialist
The word
socialist was not there in the Preamble of the Constitution in its original
form. In 1976, the 42nd Amendment to the
Constitution incorporated ‘Socialist’ and ‘Secular’, in the Preamble. The word
‘Socialism’ had been used in the context of economic planning. It signifies
major role in the economy. It also means commitment to attain ideals like
removal of inequalities, provision of minimum basic necessities to all, equal
pay for equal work.
When you
read about the Directive Principles of the State Policy, you will see how these
ideals have been incorporated as well as partly, implemented in the
Constitution.
Secularism
In the
context of secularism in India, it is said that ‘India is neither religious,
nor irreligious nor anti-religious.’ Now what does this imply? It implies that
in India there will be no ‘State’ religion – the ‘State’ will not support any
particular religion out of public fund. This has two implications, a) every
individual is free to believe in, and practice, any religion he/she belongs to,
and, b) State will not discriminate against any individual or group on the
basis of religion.
Democratic
Republic
As you
have noticed while reading the Preamble to the Constitution, that the
Constitution belongs to the people of India. The last line of the Preamble says
‘…. Hereby Adopt, Enact And Give To Ourselves This Constitution’. In fact the
Democratic principles of the country flow from this memorable last line of the
Preamble. Democracy is generally known as government of the people, by the
people and for the people. Effectively this means that the Government is
elected by the people, it is responsible and accountable to the people. The
democratic principles are highlighted with the provisions of universal adult
franchise, elections, fundamental rights, and responsible government. These you
will read
in
subsequent lessons.
The
Preamble also declares India as a Republic. It means that the head of the State
is the President who is indirectly elected and he is not a hereditary ruler as
in case of the British Monarch. Under chapter of Union Executive you will read
in detail about the election of the President of India.
.6
Justice, Liberty and Equality
The struggle
for freedom was not only against the British rule but their struggle should
also usher in an era of restoring the dignity of men and women, removal of
poverty and end to all types of exploitation. Such strong motivations and
cherished ideals had prompted the framers to lay emphasis on the provisions of
Justice, Liberty and Equality to all the citizens of India.
Justice
Justice
promises to give people what they are entitled to in terms of basic rights to
food, clothing, housing, participation in the decision-making and living with
dignity as human beings. The Preamble covers all these dimensions of justice –
social, economic and political. Besides, the granting of political justice in
the form of universal adult franchise or the representative form of democracy.
You will read socio-economic justice in next lessons.
Liberty
The
Preamble also mentions about liberty of thought and expression. These freedoms
have been guaranteed in the Constitution through the Fundamental Rights. Though
freedom from want has not been guaranteed in the Fundamental Rights, certain
directives to the State have been mentioned in the Directive Principles.
Equality
Equality
is considered to be the essence of modern democratic ideology. The Constitution
makers placed the ideals of equality in a place of pride in the Preamble. All
kinds of inequality based on the concept of rulers and the ruled or on the
basis of caste and gender, were to be eliminated. All citizens of India should
be treated equally and extended equal protection of law without any
discrimination based on caste, creed, birth, religion, sex etc. Similarly
equality of opportunities implies that regardless of the socio-economic
situations into which one is born, he/she will have the same chance as
everybody else to develop his/her talents and choose means of livelihood.
51
5.7
Fraternity, Dignity, Unity and Integrity
In the
background of India’s multi-lingual, multi-cultural and multi- religious
society and keeping in view the partition of the country, the framers of the
Constitution were very much concerned about the unity and integrity of our
newly independent country. There was a need for harmonious co-existence among
various religions, linguistic, cultural and economic groups. Inclusion of
phrases like ‘dignity of individuals’, ‘fraternity among people’ and ‘unity and
integrity of the nation’ in the Preamble highlight such a need.
Egalitarian:
A society, which feels concerned for meeting the needs of all its
members, is known as egalitarian society. An egalitarian state is expected to
reduce inequalities among citizens and fulfill minimum requirements of all.
The
Preamble has provided for a vision humane which is, democratic, secular and,
therefore,
egalitarian. Therefore, in-spite of not being a part of the Constitution,
the Preamble has always been given due
respect and regard by the courts while
Interpreting
the Constitution.5.8 Salient Features of The Constitution
So far
you have read about the Preamble to the Indian Constitution. In the subsequent
paragraphs you are going to read about the salient features of the Indian
Constitution which directly and indirectly flow from the Preamble, indicating
the faith of framers in the ideals, objectives and goals as mentioned in our
Constitution.
A
Written Constitution
The Indian
Constitution is mainly a written constitution. A written constitution is framed
at a given time and comes into force or is adopted on a fixed date as a
document. As you have already read that our constitution was framed over a
period of 2 years, 11 months and 18 days, it was adopted on 26th November, 1949
and enforced on January 26, 1950.
Certain
conventions have gradually evolved over a period of time which have proved
useful in the working of the constitution. The British Constitution is an
example of unwritten constitution. It is to be noted though, that a written
constitution is ‘mainly’ an enacted document, there could be bodies or
institutions which may not be included in the constitution but form an
important part of governance. In Indian context one can mention the Planning
Commission. It is very important body for country’s planning and development.
But, the planning commission was set up in March 1950, not by an Act of
Parliament, nor as a Part of the Constitution of India. It was set up by a
cabinet resolution. The Indian constitution is the lengthiest in the world. The
original constitution had 395 Articles and 8 Schedules, while, the constitution
of USA has only 7 Articles. ntext Qion 5.4
A
Combination of Rigidity and Flexibility
The Indian
Constitution is a unique example of combination of rigidity and flexibility. A
constitution may be called rigid or flexible on the basis of its amending
procedure. In a rigid constitution, amendment of the constitution is not easy.
The Constitutions of USA, Switzerland and Australia are considered rigid
constitutions. While, the British Constitution is considered flexible because
amendment procedure is easy and simple. The Constitution of India provides for
three categories of amendments. In the first category, amendment can be done by
the two houses of Parliament simple majority of the members present and voting
of before sending it for the President’s assent. In the second category
amendments require a special majority. Such an amendment can be passed by each
House of Parliament by a majority of the total members of that House as well as
by the 2/3rd majority of the members present and voting in each
house of Parliament and send to the President for his assent which cannot be
denied. In the third category besides the special majority mentioned in the
second category, the same has to be approved also by at least 50% of the State
legislatures. Thus, you see that the Indian Constitution provides for the type
of amendments ranging from simple to most difficult procedure depending on the
nature of the amendment.
Federal
Polity
India has
adopted a federal structure. In a federation there are two distinct levels of
governments. There is one government for the whole country which is called the
Union or Central Government. Also there is government for each Unit/State. The
United States of America is a federation whereas the United Kingdom (Britain)
has a unitary form of government. In a unitary structure there is only one
government for the whole country and the power is centralised.
The
Constitution of India does not use the term ‘federal state’. It says that India
is a ‘Union of States’. There is a distribution of powers between the
Union/Central Government and the State Governments. Since India is a federation,
such distribution of functions becomes necessary. There are three lists of
powers such as Union List, State List and the Concurrent List. These lists have
been explained in Lesson 8 in detail. On the basic of this distribution, India
may be called a federal system. The supremacy of the judiciary is an essential
feature of a federation so that the constitution could be interpreted
impartially. In India, the Supreme Court has been established to guard the
constitution. However, in case of Indian federalism, more powers have been
given to the Union Government in administrative, legislative, financial and
judicial matters. In fact, The Indian federal set up stands out with certain
distinctive unitary features. The makers of our constitution while providing for
two sets of government at the centre and in the states provided for division of
powers favouring the Central Government, appointment of the Head of the State
government by the Central Government, single unified judiciary, single
citizenship indicate the unitary nature of our federalism. Therefore, it is
said that India has a quasi-federal set up.
Quasi
Federal: It means a federal set up where despite having two clear sets of
government – central and the states; more powers are given to the Central
Government.
Parliamentary
Democracy
India has
a parliamentary form of democracy. This has been adopted from the British
system. In a parliamentary democracy there is a close relationship between the
legislature and the executive. The Cabinet is selected from among the members
of legislature. The cabinet is responsible to the latter. In fact the Cabinet
holds office so long as it enjoys the confidence of the legislature. In this
form of democracy, the Head of the State is nominal.
In India,
the President is the Head of the State. Constitutionally the President enjoys
numerous powers but in practice the Council of Ministers headed by the Prime
Minister, which really exercises these powers. The President acts on the advice
of the Prime Minister and the Council of Ministers.
Fundamental
Rights and Fundamental Duties
Every
human being is entitled to enjoy certain rights which ensure good living. In a
democracy all citizens enjoy equal rights. The Constitution of India guarantees
those rights in the form of Fundamental Rights.
Fundamental
Rights are one of the important features of the Indian Constitution. The
Constitution provides for six Fundamental Rights about which you will read in
the following lesson. Fundamental Rights are justifiable and are protected by
the judiciary. In case of violation of any of these rights one can move to the
court of law for their protection.
Fundamental
Duties were added to our Constitution by the 42nd Amendment. It lays down a
list of ten Fundamental Duties for all citizens of India. While the rights are
given as guarantees to the people, the duties are obligations which every
citizen is expected to perform.
Intext
Questions 5.5
Directive
Principles of State Policy
The
Directive Principles of State Policy which have been adopted from the Irish Constitution,
is another unique feature of the Constitution of India. The Directive
Principles were included in our Constitution in order to provide social and
economic justice to our people. Directive Principles aim at establishing a
welfare state in India where there will be no concentration of wealth in the
hands of a few.
Integrated
Judicial System
India has
a single integrated judicial system. The Supreme Court stands as the apex court
of the judicial system. Below the Supreme Court are the High Courts. The High
Courts control and supervise the lower courts. The Indian judiciary, thus,
stands like a pyramid with the lower courts as the base, High Courts in the
middle and the Supreme Court at the top.
Independence
of Judiciary
Indian
judiciary is independent an impartial. The Indian judiciary is free from the
influence of the executive and the legislature. The judges are appointed on the
basis of their qualifications and cannot be removed easily.
Single
Citizenship
In a
federal state usually the citizens enjoys double citizenship as is the case in
the USA. In India there is only single citizenship. It means that every Indian
is a citizen of India, irrespective of the place of his/her residence or place
of birth. He/she is not a citizen of the Constituent State like Jharkhand,
Uttaranchal or Chattisgarh to which he/she may belong to but remains a citizen
of India. All the citizens of India can secure employment anywhere in the
country and enjoy all the rights equally in all the parts of India.
Universal
Adult Franchise
Indian
democracy functions on the basis of ‘one person one vote’. Every citizen of
India who is 18 years of age or above is entitled to vote in the elections
irrespective of caste, sex, race, religion or status. The Indian Constitution
establishes political equality in India through the method of universal adult
franchise.
Emergency
Provisions
The
Constitution makers also foresaw that there could be situations when the
government could not be run as in ordinary times. To cope with such situations,
the Constitution elaborates on emergency provisions. There are three types of
emergency; a) emergency caused by war, external aggression or armed rebellion;
b) emergency arising out of the failure of constitutional machinery in states;
and c) financial emergency. Intext Questions 5.6
What You
Have Learnt
A
Constitution symbolizes independence of a country. Framework and structure for
the governance of a free country are provided in the Constitution. The
Constituent Assembly prepared the draft of the Constitution by keeping the
‘Objectives Resolution’ as the backdrop which reflected the aspirations of the
people of India.
The
framing of the Constitution was completed on November 26, 1949 when the
Constituent Assembly formally adopted the new Constitution. The Constitution
came into force with effect from January 26, 1950.
The
Constitution begins with a Preamble which declares India to be a Sovereign,
Socialist, Secular, Democratic, Republic. The Preamble also mentions the goals
of securing justice, liberty and equality for all its citizens and promotion of
national unity and integrity on the basis of fraternity among the people
assuring dignity of the individual.
The
Constitution of India has several distinctive features. It is the lengthiest
Constitution in the world and it is a combination of rigidity and flexibility.
The Constitution provides for a quasi-federal set up with a strong centre.
There is a clear division of powers between the Centre and the States. The
Supreme Court of India is the apex court of India which will resolve the
disputes between the centre and state or between the states.
India has
a parliamentary democracy. The Council of Ministers headed by the Prime
Minister enjoys the real powers and is responsible to the Parliament.
The
Indian Constitution provides for Fundamental Rights which are justifiable. Ten
Fundamental Duties have also been added to the Constitution. The Directive
Principles of State Policy give a concrete shape to the welfare concept.
Terminal
Exercises
1. What
is the importance of the Preamble to the Constitution?
2.
Explain the meaning and relevance of Secularism in Indian context.
3. What
is the philosophy of the Indian Constitution?
4.
Explain the significance of a written Constitution.
5.
Distinguish between a rigid and flexible constitution.
6.
Explain briefly India as a federal state.
7. Write
brief notes on:
a)
Independence of Judiciary
b)
Integrated judicial system single integrated judicial system
c)
Universal Adult Franchise
a) Basic
Laws
b)
January 26, 1950
c) 395
Articals
d)
Constitution Assembly
a. quasi
- federal
b.
cabinet
c. justifiable
d. 42nd
Amendment
a. double
b. a
person is a citizen of the whole country
c. 18
years
d.
abnormal times
TRO11
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