Definition of Constitution
A constitution is like a rulebook or a set of important guidelines that a country follows to run its government.
or
A constitution is a basic and supreme legal document or set of principles that establish the basic policies and rules for a government or organization. It forms the foundation of government by defining the structure, powers and limitations of the various branches of government, as well as the rights and responsibilities of citizens.
Basic features
- Lengthiest Written Constitution
- Rigid and Flexible
- Drawn from Various Sources
- Federal System with Unitary Features
- Parliamentary Form of Government
- Integrated and Independent Judiciary
- Fundamental Rights
- Directive Principles of State Policy
Lengthiest Written Constitution
The lengthiest written constitution in the world is the Constitution of India. Initially it had 395 articles ,22 parts and 8 schedule, Adopted on November 26, 1949. currently it contains a preamble and a total of 470 articles, divided into 25 parts, and 12 schedules.
Rigid and Flexible
The Indian Constitution can be characterized as a mixture of both rigid and flexible elements.
The Indian Constitution is considered rigid because certain parts of it can only be amended through a special procedure that requires a special majority and additional safeguards.
As according to Article 368 of the Constitution, amendments to the core principles and basic structure of the Constitution require a two-thirds majority of the members present and voting in both houses of Parliament, as well as ratification by at least half of the state legislatures.
However, the Indian Constitution also has elements of flexibility. There are provisions that can be amended by a simpler procedure, such as a majority vote of the members present and voting in Parliament.
Drawn from Various Sources
The Indian Constitution draws inspiration from various sources, both domestic and international. Here are some of the sources that influenced the drafting of the Indian Constitution:
Government of India Act, 1935: The framework of the Indian Constitution was significantly influenced by the Government of India Act, 1935. Many provisions related to the federal structure, the powers of the central and state governments, and the administrative setup were borrowed from this act.
the concept of a parliamentary system of government with a Council of Ministers responsible to the legislature was inspired by the British system.
The directive principles of state policy were influenced by the Irish Constitution.
The fundamental rights provisions were influenced by the United States Bill of Rights.
the provision of emergency of has been taken from Germany.
Amendment provision has been taken from South Africa.
Federal System with Unitary Features
The Indian Constitution is often described as having a federal system with unitary features. Here’s an explanation of this characterization:
Federal System:
The Constitution of India establishes a federal system of government, where power is divided between the central government and the state. The Constitution defines the powers and responsibilities of each level of government to avoid overlapping powers. India has two political systems, with the central government and the state each having their own sovereignty.
Unitary Features
Despite the federal structure, the Constitution of India also exhibits some commonalities, giving the central government the power to play a central role in certain areas These commonalities include:
- a) Single Constitution: India has only one constitution which works uniformly throughout the country, such as two or separate constitutions for each level of government.
- b) Integrated Judiciary: The judiciary in India is one, with the Supreme Court being the highest judicial authority at the central and state levels. The Central Government has the power to establish and reorganize the High Courts in the States.
- c) Residual powers: Unlike most government systems, where residual powers are vested in the states, the Indian Constitution delegates residual powers to the central government. This means that matters not specifically mentioned in the devolution of powers between the Center and the States fall under the purview of the Central Government.
- d) Emergency provisions: During emergencies, the central government acquires additional powers to govern the states. By taking over national governments, it can override some of their powers.
Parliamentary form of government
India has a parliamentary government. This means that the head of state is the head of state and the president is the head of government. The Prime Minister heads a group of ministers called the Council of Ministers. They have the right to make decisions and are accountable to Parliament for their actions.
Integrated and Independent Judiciary
This means that the judicial system in India is homogeneous, with courts like the Supreme Court, Supreme Court and subordinate courts. It is a non-executive and legislative function.
Fundamental Rights:
The Constitution guarantees the fundamental rights of Indian citizens such as the right to equality, speech and expression, the right to life and personal liberty, the right to exercise and the right to religion in the freedom of the.
Directive Principles of State Policy:
The Constitution incorporates the Guiding Principles of Public Policy, which are non-judgmental principles that guide the government in formulating laws and policies to promote social justice, economic prosperity and overall national development