An Overview of Constitution of India

“Constitutional morality is not a natural sentiment. It has to be cultivated” – B.R. AMBEDKAR

Constitution is set of fundamental principles according to which a state or other organisation is governed. It can be divided into two categories: Constitution which have single comprehensive document. Example to such constitution is Indian Constitution. Another category is the constitution which have set of documents. Example to such constitution is U.K Constitution.

PRIMARY FUNCTIONS:

  • To set basic rules for peace in society.
  • It tells who rules the society – how is governed formed.
  • It limits the powers of the government on what it imposes on its citizens.
  • It must fulfil the aspirations of a just society.

TYPES OF GOVERNMENT:

  1. Monarchy- Ruled by a (king or queen) single person.

Ex: Britain , Saudi Arabia

2. Oligarchy – Ruled by a few.

Ex: North Korea , Russia

3. Dictatorship – Ruled by a rebellion leader or military rule.

Ex: China , North Korea

4. Democracy – Rule by people

 Ex: India

FORMS OF GOVERNMENT:

  • Parliamentary form of government:

The head of state is Monarchy or President. The Head of the government is Prime Minister. In this type of government, Prime minister is responsible to Legislature. Example: India , Britain. 

  • Presidential form of government:

The head of state is President. The Head of the government is President. In this type of government, President is not responsible to Legislature. Example: USA , Philippines.

  • Semi-Presidential form of government:

The Head of state is President. Head of the Government is Prime minister. In this form of government, President may involve in day to day matter. Ex: Sri Lanka

Among these three forms of government, Parliamentary form of government is the best form of government,

DIVISIONS OF GOVERNMENT:

Legislative :

Make laws to govern the people, introduce new legislation in the Parliament or state assembly. Members of these bodies are directly elected by the citizens of Lower House and indirectly in the case of Upper House.

Executive :

Executive implement laws made by Legislature. Duty lies with Chief minister of a state and Prime minister of India, both represent executive organ of state and Union respectively.

Judiciary:

Judiciary keeps an eye on both Legislature and Executive. It has it’s jurisdiction, highest court in India is Supreme court , state highest court is High court and rest are District courts.

FEATURES OF INDIAN CONSTITUTION:

  • Lengthiest written constitution in the world which consists of 470 articles and 12 schedules.
  • Parliamentary form of government: Head of the government is responsible to the legislature.
  • Single citizenship: We are citizens of the country itself, whereas in US, people have double or dual citizenship which means they are citizens of both state and country since they have their own constitution for each state. But in India except Jammu and Kashmir no state has separate constitution.
  • Rigid and flexible: Flexible -With simple majority, constitution can be amended easily in some parts. Number of members present divided by 2 plus one gives simple majority. Rigid – In some cases, the constitution requires special majority like two third majority present in the house. Ex: Indian Constitution is Rigid and flexible whereas US constitution is rigid.
  • Fundamental Rights: Fundamental rights are very basic and no one can infringe other’s rights
  • Quasi Federal Nation: It is a system of government where the distribution of powers between the Centre and the state are not equal. India is a federation with a unitary bias and is referred as a quasi-federal state because of strong central machinery. The Constitution of India has not described India as a federation.
  • Socialist: It is against Capitalism. Resources of country should be owned by people. Achievement of socialist goals through democratic, evolutionary and non-violent means.
  • Sovereign: The person or body of persons who actually exercise the power of the state. 
  • Secular: All religions are accepted. It is the relationship between the government and religious groups are determined according to constitution and law. It separates the power of the state and religion. 
  • Democratic: U.K is the oldest democracy and India is the largest democracy . The Constitution has established a form of government that gets its authority from the will of the people expressed in an election. 
  • Republican Nation: Country must have elected head either directly or indirectly. In India, the President of India is the elected head of the state.

SOURCES OF INDIAN CONSTITUTION:

Government of India Act, 1935:

  • The federal scheme
  • Office of the Governor
  • Emergency provisions

U.K Constitution:

  • Law making procedure
  • Parliamentary Government
  • Rule of law
  • Single citizenship
  • Cabinet system

USA constitution:

  • Preamble
  • Fundamental rights
  • Independent Judiciary
  • Judicial review
  • Removal procedure of the judges of Supreme court and High court
  • Role of Vice President

Irish Constitution:

  • Directive Principles of State Policy (DPSP)
  • Method of the Presidential election
  • Nominating members of Rajya Sabha.

Australian Constitution:

  • Concurrent list

South African constitution:

  • Procedure for amendment of the constitution(under art 368)
  • Election of members of the Rajya Sabha

Canadian Constitution:

  • Federation with Strong centre
  • Residue powers with the centre

Weimar constitution of Germany:

  • Emergency powders to be enjoyed by the Union
  • Suspension of Fundamental rights during emergency

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

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