Constitution of India: Foundation, characteristics

Foundation of constitution

Constitution is a legal document having a special legal sanctity, which sets out the framework and the principal functions of the organs of the government of a state, and declares the principles governing the operation of those organs.

The Indian Constitution is based on the philosophy of evolving an egalitarian Society free from fear and bias based on promoting individual freedom in shaping the government of their choice. The whole foundation of constitutional Democracy is building a system of governance in systematic machinery functioning automatically on the wheels of norms and regulations but not on individual whims and fancies. It is easy to dream such a system of Rule of Law than framing a mechanism for it.

Preamble is a statement of objects, which are expected by the Constitution makers to be realized through the implementation of the Constitution. In Berubari Union and Exchange of Enclaves, AIR 1960 SC 845, The Supreme Court considered The Preamble a key to open the mind of the Constitution makers. It is a guide to interpretation of the provisions of the Constitution.

The roots of the formation of the Constituent Assembly and the framing of the Constitution are relevant to understand its philosophy and evolution. The Constituent Assembly was formulated under the Cabinet Mission Plan prior to Independence. The Elections to the Constituent Assembly were conducted under the system of separate electorate based on the community. After such an election too, it could not become a sovereign body. Thus its authority was limited in respect of the basic principles and procedure. The British Government brought it into existence in their process of conceding less and retaining the most of the authority with itself as counter strategy to the revolutionary raising. The Constituent Assembly was expected to work within the framework of the Cabinet Mission scheme alone. However, these limitations were removed by the Indian Independence Act, 1947 under which it was made free to frame any constitution it pleased.

Characteristics of Indian constitution

Popular Sovereignty

It is clearly stated in the preamble that India is not under any outside control. It is a sovereign nation under the people. The people will have right to elect their representatives to rule for themselves to the government. Hence, India has a democratic System of Government. Any citizen who is above 18 years of age irrespective of religion, creed, caste, region, property, rich or poor,man or woman can execute Adult Franchise and have his representive for his/her welfare. It is very of significant provision in the constitution that the person may be from dire POVERTY or from an Industrialist will have right to one vote and one vote will have one value. Therefore, popular sovereignty is very important feature of the Constitution of India.

Partly Rigid and Partly Flexible

When we read our constitutional document then we come to know that sometime, somewhere the articles of the constitution are very rigid to make any amendment and some where some articles are easily amended according to the situation exists.

Federal System with Unitary Bias

The Constitution has its supremacy over all the political governments. The powers have been divided among the various provinces and states between the Union Government It also provides for the single Citizenship-2/”>Citizenship. The Central and State governments must discharge their powers-and duties according to their subjects of legislation and execution. The Constitution have divided the subjects into three lists i.e. Central list, State list and concurrent list. Central list have 99 subjects, State list have 61 and Concurrent list 52 subjects as of now. It means that centre state can pass acts, make legislations only on the subjects listed in their list.

Parliamentary Democracy

India have adopted the Parliamentary Democracy with President as its Constitutional and Executive head. It means that Prime Minister and his Council of Ministers is the representative of President. Therefore, it is said that President is the nominal head and real power of the Union Government is lying in Prime Minister. Parliament is bicameral and consists of Loksabha and Rajyasabha. These houses pass various laws, acts, with majority of the members of the Parliament.

Principle of Secularism-2/”>Secularism

The word ‘Secular’ is adopted in the Preamble of the Constitution. This means that state has no ‘State Religion1\. At the same time government will not favour anybody religion and also not disfavor the religion of others. State will not interfere in the religious affairs’ of the Individual. According to former President of India R. Venkata Raman “India is not pro-religious, non-religious and anti-religious” i.e. India is secular.The religion will have no influence over any government. The citizens have got right to any religion, worship any God & Goddesses. It is only because of this constitutional secular nature of the state that led to become the President, Prime Minister from any religion or community.

Single Citizenship

The American Constitution has given its citizens the ‘Dual Citizenship’, one for the country and other from the representing state. Contrary to this Indian constitution provides only Single Citizenship i.e. only for the country and not for the state. It is due to multiplicity of the nature of Indians society that states should not have loyalties only to their States.

The Constitution of India is the supreme law of India. It was adopted on 26 November 1949, and came into effect on 26 January 1950. The Constitution provides for a parliamentary system of government, with a President as the head of state and a Prime Minister as the head of government. The Constitution also guarantees certain Fundamental Rights to all citizens, including the right to Equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.

The Constitution of India is a long and complex document, but it can be broadly divided into three parts: the Preamble, the Fundamental Rights, and the Directive Principles of State Policy.

The Preamble sets out the basic principles and objectives of the Constitution. It states that India is a sovereign, socialist, secular, democratic republic, and that it is committed to Justice, Liberty, equality, and Fraternity.

The Fundamental Rights are the basic rights and freedoms that are guaranteed to all citizens of India. These rights include the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.

The Directive Principles of State Policy are a set of principles that the government is supposed to follow in making laws and policies. These principles are not enforceable in court, but they are nevertheless considered to be fundamental in the governance of the country. The Directive Principles include principles such as securing justice, liberty, equality, and fraternity; securing adequate means of livelihood for all citizens; and promoting educational and economic interests of the weaker sections of society.

The Constitution of India is a living document that has been amended several times since it was adopted. The most recent amendment was the 104th Amendment, which was passed in 2019. The 104th Amendment inserted a new provision in the Constitution, ARTICLE 21A, which guarantees the right to Education to all children aged 6 to 14 years.

The Constitution of India is a remarkable document that has played a vital role in the development of India as a nation. It has provided a framework for a stable and democratic government, and it has guaranteed the fundamental rights of all citizens. The Constitution of India is a source of pride for all Indians, and it is a symbol of the country’s commitment to democracy and justice.

The Constitution of India is a complex and detailed document, but it can be summarized as follows:

The Preamble sets out the basic principles and objectives of the Constitution.
The Fundamental Rights are the basic rights and freedoms that are guaranteed to all citizens of India.
The Directive Principles of State Policy are a set of principles that the government is supposed to follow in making laws and policies.
The Constitution has been amended several times since it was adopted, most recently in 2019.
The Constitution of India is a remarkable document that has played a vital role in the development of India as a nation.

The Constitution of India is the supreme law of India. It was adopted on 26 November 1949, and came into effect on 26 January 1950. The Constitution of India is the longest Written Constitution of any country in the world. It has 448 articles and 12 schedules.

The Constitution of India is based on the principles of democracy, secularism, Socialism, and Federalism. It guarantees fundamental rights to all citizens of India. It also provides for a parliamentary system of government.

The Constitution of India has been amended 104 times since it was adopted. The most recent amendment was the 104th Amendment, which was passed in 2019.

Here are some frequently asked questions about the Constitution of India:

What is the Constitution of India?
The Constitution of India is the supreme law of India. It was adopted on 26 November 1949, and came into effect on 26 January 1950. The Constitution of India is the longest written constitution of any country in the world. It has 448 articles and 12 schedules.
What are the principles of the Constitution of India?
The Constitution of India is based on the principles of democracy, secularism, socialism, and federalism. It guarantees fundamental rights to all citizens of India. It also provides for a parliamentary system of government.
How many times has the Constitution of India been amended?
The Constitution of India has been amended 104 times since it was adopted. The most recent amendment was the 104th Amendment, which was passed in 2019.
What are the fundamental rights guaranteed by the Constitution of India?
The fundamental rights guaranteed by the Constitution of India are:
Right to equality
Right to freedom
Right against exploitation
Right to freedom of religion
Cultural and educational rights
Right to constitutional remedies
What is the parliamentary system of government?
The parliamentary system of government is a system of government in which the executive branch is drawn from the legislative branch. The head of government is the prime minister, who is appointed by the president. The prime minister and the cabinet are responsible to the legislature, which is called the Parliament.
Who is the president of India?
The president of India is the head of state of India. The president is elected by an electoral college consisting of members of both houses of Parliament and the legislative assemblies of the states. The president’s term of office is five years.
Who is the prime minister of India?
The prime minister of India is the head of government of India. The prime minister is appointed by the president. The prime minister and the cabinet are responsible to the legislature, which is called the Parliament.
What are the powers of the president of India?
The powers of the president of India are:
To appoint the prime minister and the cabinet
To dissolve the Parliament
To give assent to bills passed by the Parliament
To declare war and peace
To command the armed forces
To appoint the judges of the Supreme Court and the High Courts
To grant pardons and reprieves
What are the powers of the prime minister of India?
The powers of the prime minister of India are:
To head the government
To select the members of the cabinet
To allocate portfolios to the members of the cabinet
To preside over the meetings of the cabinet
To be the chief spokesperson of the government
To be the leader of the ruling party in the Parliament
What are the challenges facing the Indian Constitution?
The challenges facing the Indian Constitution are:
The rise of Communalism
The rise of casteism
The rise of Regionalism
The problem of poverty
The problem of illiteracy
The problem of Corruption
The problem of terrorism

I hope this helps!

The Constitution of India was adopted on:
(a) 26 November 1949
(b) 26 January 1950
(c) 15 August 1947
(d) 12 March 1946
The Constitution of India is based on the principle of:
(a) Federalism
(b) Unitary government
(c) Parliamentary democracy
(d) Presidential democracy
The President of India is elected by:
(a) The members of the Lok Sabha
(b) The members of the Rajya Sabha
(c) The members of both the Lok Sabha and the Rajya Sabha
(d) The members of the Electoral College, which consists of the elected members of both the Lok Sabha and the Rajya Sabha, as well as the elected members of the legislative assemblies of the states
The Prime Minister of India is appointed by:
(a) The President of India
(b) The Vice President of India
(c) The Speaker of the Lok Sabha
(d) The Chief Justice of India
The Supreme Court of India is the highest court in the country. It has:
(a) One Chief Justice and 25 judges
(b) One Chief Justice and 30 judges
(c) One Chief Justice and 35 judges
(d) One Chief Justice and 40 judges
The Constitution of India guarantees certain fundamental rights to all citizens of India. These rights include:
(a) Right to equality
(b) Right to freedom
(c) Right against exploitation
(d) All of the above
The Constitution of India also provides for certain directive principles of state policy. These principles are not enforceable by courts, but the government is expected to follow them while making laws and policies. Some of the directive principles include:
(a) Promotion of justice, social, economic and political
(b) Equal pay for equal work for both men and Women
(c) Free and compulsory education for all children up to the age of 14 years
(d) Protection of Environment and forests
The Constitution of India has been amended several times since it was adopted. The first amendment was made in 1951. The most recent amendment was made in 2019. The amendments have been made to:
(a) Remove certain provisions that were found to be unconstitutional
(b) Add new provisions to the Constitution
(c) Amend existing provisions of the Constitution
(d) All of the above
The Constitution of India is the supreme law of the land. All laws and policies made by the government must be in accordance with the Constitution. If any law or policy is found to be unconstitutional, it can be struck down by the courts.
The Constitution of India has played a vital role in the development of India as a democratic country. It has provided a framework for the peaceful and orderly functioning of the government. It has also helped to protect the rights of the citizens and to promote social justice.