Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written constitution of any country in the world.
History
The drafting of the Constitution was undertaken by the Constituent Assembly of India, which was elected by the elected members of the provincial assemblies. The drafting committee was chaired by B. R. Ambedkar. The Constitution was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950, a day now celebrated as Republic Day in India.
Structure
The Indian Constitution is divided into 22 parts, with a total of 395 articles and 12 schedules at the time of its commencement. It has been amended 105 times as of 2023. The parts cover various aspects such as governance, state policy, fundamental rights, the union judiciary, states in the union, and more.
Key Features
- Fundamental Rights: These are guaranteed to protect citizens' liberties and rights against any invasion by the state.
- Directive Principles of State Policy: These are guidelines for the framing of laws by the government.
- Federalism: The Constitution establishes a federal structure to the Indian government, dividing powers between the central government and the states.
- Parliamentary System: It describes India as having a parliamentary system of governance where the President of India is the head of state and the Prime Minister is the head of government.
- Secularism: The Constitution declares India to be a secular state, allowing freedom of religion.
Amendments
The Constitution can be amended by the Parliament of India. The procedure is detailed in Article 368. Amendments can be initiated by either the Lok Sabha or the Rajya Sabha.
Significant Amendments
- 42nd Amendment: Known as the "Mini-Constitution", it brought about major changes to the Constitution in 1976 during the Emergency period.
- 73rd and 74th Amendments: These amendments in 1992 introduced the system of Panchayati Raj (local self-government) and urban local governments.
Judiciary and the Constitution
The Supreme Court of India is the apex court in the country's judicial hierarchy, responsible for safeguarding the Constitution. It has the power of judicial review and can declare a law unconstitutional if it contravenes any provision of the Constitution.
Criticism and Challenges
The Indian Constitution has faced criticism for being too long and complex, making it difficult for the common citizen to understand. It has also been challenged for not adequately addressing the needs of marginalized communities.
Impact and Legacy
The Constitution of India has played a crucial role in maintaining democracy in the country. It has been a model for many countries in the post-colonial era. The values and principles enshrined in the Constitution continue to guide the nation.
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