The Indian Constitution is the country’s highest law. The document outlines the framework that delineates the core political code, as well as the fundamental rights, guiding principles, and responsibilities of citizens. It also spells out the organisation, methods, powers, and duties of governmental institutions. It is the world’s longest-written national constitution.
It confers constitutional supremacy (as opposed to parliamentary supremacy, given that a constituent assembly rather than Parliament produced it), and its preamble contains a proclamation that it was ratified by the people. Also, the Constitution cannot be overruled by Parliament. This article tries to deeply analyse the different factors, which paint a perfect picture of democracy through the eyes of the Indian Constitution.
A UNIQUE CONSTITUTION IN THE WORLD!
On 26 November 1949, the Indian Constituent Assembly approved it, and it went into force on 26 January 1950. The Government of India Act of 1935 was superseded by the constitution as the primary law of the land, transforming the Dominion of India into the Republic of India. The British parliament’s earlier legislation was revoked in Article 395 to maintain constitutional autochthony. Republic Day, observed on January 26, is a day to honour India’s constitution.
The sources that were used to create the Constitution were astoundingly numerous. The Government of India Act of 1858, the Indian Councils Acts of 1861, 1892, and 1909, the Government of India Acts of 1919 and 1935, and the Indian Independence Act of 1947 were among the laws whose provisions were incorporated into this one while keeping in mind the needs and circumstances of India. Some of the most blistering features of the Indian Constitution that make it unique and reflect the true and genuine nature of our resplendent democratic picture are as follows:
Lengthiest of all: The Constitution of India is the longest-written constitution in the world. A Preamble, 395 Articles divided into 22 Parts, 12 Schedules, and 5 Appendices are included. It is a collection of fundamental laws that outline the essence of the political system as well as the organisation and operation of governmental bodies. It conveys India’s idea of itself as a democratic country. Additionally, it lists the essential obligations and rights of citizens. It also represents fundamental constitutional principles while doing so.
A Special Combination of Rigidity and Flexibility: In daily life, we discover that changing a written document is not always simple. Constitutions are often rigorous since they are written down. Frequently bringing about changes in them is difficult. The Constitution specifies a unique process for amending the laws. Similar to the British Constitution, the unwritten constitution allows for revisions through the regular legislative process. The British Constitution is an adaptable legal framework. It is highly challenging to modify a written constitution, such as the US Constitution.
Therefore, the US Constitution is a strict document. However, the Indian Constitution is neither as rigorous nor as flexible as the US or British Constitutions. It conveys the importance of both consistency and change. There are three options for changing the Indian Constitution. While some of its provisions can be changed by a simple majority in the Parliament and others by a special majority, some changes call for both state consent and a special majority in the Parliament.
Fundamental Rights and Duties: We frequently read about fundamental rights and obligations while reading newspapers or watching television. Citizens are shielded by fundamental rights from the arbitrary and unrestricted exercise of authority by the government. The Constitution ensures that people have rights both against the State and other people.
The rights of minorities in opposition to the majority are likewise guaranteed under the Constitution. In addition to these rights, the Constitution also outlines fundamental duties, but these obligations are not as easily enforced as fundamental rights are. These obligations represent some of the fundamental principles that the Constitution upholds.
Directive Principles of State Policy: The Constitution also contains a part titled Directive Principles of State Policy in addition to the Fundamental Rights section. It is a distinguishing quality of the Constitution. It aims to ensure more extensive social and economic changes and acts as a roadmap for the State to implement laws and policies that aid in eradicating social discrimination and mass poverty. Therefore, these provisions are intended to create a welfare state.
Integrated Judicial System: The Indian Constitution established an integrated judicial system, in contrast to the judicial systems of federal nations like the United States of America. There is just one hierarchy of courts, even though the Supreme Court sits at the top level, High Courts are at the state level, and Subordinate Courts are at the district and lesser levels.
The Supreme Court is at the head of the chain of command. The goal of this universal legal system is to ensure and further justice for all citizens. Additionally, the articles of the constitution guarantee the impartiality of the Indian judiciary, which is unaffected by the influence of the legislative and the executive.
Single Citizenship: Single citizenship is provided for in the Indian Constitution. It simply means that no matter where an Indian was born or where they currently reside, they are all considered to be citizens of India. Contrary to the United States of America, where there is a double citizenship system, A person has dual citizenship in the United States of America and the State in which they reside. This Indian Constitutional Article unquestionably strengthens the ideals of honesty, togetherness, and equality.
Universal Adult Franchise: Yet another prominent aspect of the Constitution reflects the principles of justice and equality. Every Indian has the right to vote after they reach a certain age (currently 18, at least). There may be no discrimination based on someone’s race, caste, gender, ancestry, or place of birth or domicile. The term “universal adult franchise” refers to this privilege.
Federal System and Parliamentary Form of Government: The Indian Constitution also allows for a parliamentary form of government and a federal system of state government. These will be covered in more detail below. However, it is vital to highlight that the federal system upholds both the constitutional principles of devolution of power and national unity and integrity.
The parliamentary system of government embodies the principles of individual accountability and popular sovereignty. The obligation of the executive to the legislative, which consists of the representatives of the people, is the fundamental tenet of parliamentary government.
CONSTITUTIONAL VALUES OF INDIA & A ‘VERSATILE’ PREAMBLE
It is a proven fact in today’s modern era that every country’s constitution has several functions. It lays forth certain principles that serve as the foundation for the sort of nation we as citizens hope to live in. Usually, multiple groupings of people who have similar ideas but may not always agree on the same topics make up a nation. A constitution aids in providing a set of agreed-upon values, guidelines, and processes. This involves a consensus on certain principles that the nation should follow in addition to the form of government that should be in place.
Several articles and clauses of the Indian Constitution convey the fundamental principles that make up the spirit of the document. This covers a consensus on the form of governance as well as some principles that the nation should respect. The spirit of the Indian Constitution is conveyed in numerous articles and regulations by a set of fundamental constitutional ideals.
A value is now something crucial or “worth having and observing” for human society to continue existing as a whole. All of these values – those that are contemporary, global, human, and democratic – are contained in the Indian Constitution.
The Preamble of the Indian Constitution reflects “the essential principles and the philosophy on which the Constitution is based”, but the entire document is a reflection of the constitutional values. Any constitution’s preamble is a succinct introductory paragraph that expresses the document’s guiding principles. This is also stated in the Preamble of the Indian Constitution.
The goals of the Constitution are the values outlined in the Preamble. They are – sovereignty (national unity and integrity), socialism, secularism, democracy, the republican nature of the Indian state, justice, liberty, equality, and fraternity.
Sovereignty: India is described as “a sovereign socialist secular democratic republic” in the Preamble. Being sovereign entails having unrestricted political freedom and being in charge. It suggests that India is both internationally and domestically all-powerful. It is free to make its own decisions without intervention from outside sources (whether they be nations or people), and no one can overthrow it from within.
We have the respect of existing as a nation in the international community because of this aspect of sovereignty. Even if the Constitution is silent on the subject, the Preamble’s reference to “We the People of India” makes it abundantly obvious that the people of India hold sovereign authority. This implies that the people alone are the source of power for the constitutional powers and governmental bodies.
Socialism: It is clear after 75 years that social and economic inequality has always existed in traditional Indian culture. To promote social development and transformation to eradicate all forms of inequality, socialism has been proclaimed a constitutional value.
The people and the governments are required by our Constitution to provide a planned and coordinated social development across all spheres. It urges against the concentration of money and power in a select few. The Fundamental Rights and Directive Principles of State Policy Chapters of the Constitution contain particular provisions that address inequality. The Directive
Principles of State Policy contain the following provisions that support socialism: “The State shall, in particular, strive to minimise the inequalities in income and endeavour to eliminate inequalities in status, facilities, and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations”… Article 38(2);
“The State shall, in particular, direct its policy towards securing- (a) that the citizens, men and women equally, have the right to an adequate means of livelihood; (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; (d) that there is equal pay for equal work for both men and women”… Article 39.
Secularism: When someone claims that India is home to nearly all of the world’s major religions, we are all happy to hear it. Secularism is regarded as a key constitutional value in the context of this plurality (meaning more than one or two; many).
Secularism says that no particular religion or religious principles govern our nation. The Indian government, however, does not oppose all religions. All of its residents are free to practise, profess, and propagate any religion they choose. At the same time, it guarantees that the state has no official religion. Religion-based discrimination is thus outlawed by the Constitution.
Democracy: As a value, democracy is reflected in the Preamble. It is a kind of governance based on the governed’s consent. The country’s leaders are chosen by the populace, and they are still answerable to them. One man, one vote, often known as the universal adult franchise system, is used in India to elect individuals to various levels of government.
Democracy ensures peaceful political change and promotes stability and ongoing social growth. It promotes tolerance and permits dissent. Furthermore, it is founded on the values of the rule of law, unalienable human rights, judiciary independence, free and fair elections, and freedom of the press.
Republic: India is a republic in addition to being a democratic country. The post of the Head of the State, or the President, who is elected and not chosen based on heredity, as is the case in a system with monarchy, is the most significant emblem of being a republic. This principle supports and upholds democracy in India, as every Indian citizen has an equal right to vote for the Head of State. This clause’s main theme is political equality.
Justice: You could occasionally realise that residing in a democratic society does not, by itself, guarantee complete justice to citizens. There are still many instances where political justice is disregarded in addition to social and economic fairness. Because of this, social, economic, and political justice are included in the list of constitutional ideals.
They have emphasised the need for a new social order based on socio-economic justice by highlighting the importance of the political freedom afforded to Indian citizens. Every citizen must have access to justice. One of the fundamental tenets of the Indian Constitution is the idea of a just and egalitarian society.
Liberty: The Preamble lists freedom of opinion, expression, belief, and worship as one of the fundamental principles. Every member of every community must be guaranteed access to these. The reason for this is that without a few basic rights that are necessary for people to live free and civilised lives, the ideals of democracy cannot be realised.
Equality: Equality is a fundamental constitutional principle that deserves equal weight. Every citizen has an equal opportunity to achieve their potential under the protection of the Constitution. Every person has the right to live a dignified life, and our nation and society have laws against inequality in all its forms. As a result, equality is valued highly. This is demonstrated by the Preamble.
Fraternity: The Preamble also expresses a commitment to fostering the value of fraternity, which stands for the shared brotherhood of all Indians. Unbroken fraternity prevents a plural society like India from splitting. Therefore, the Preamble places a strong focus on brotherhood to give meaning to all concepts like justice, liberty, and equality.
In actuality, eradicating untouchability among various sects of the society as well as any forms of localised discrimination that hinder India’s unity on a communal, sectarian, or even local level might lead to the realisation of fraternity. To understand one’s dignity, brotherhood promotion is crucial. The protection of each person’s dignity is crucial because democracy cannot exist without it. It ensures that everyone participates equally in all democratic governance processes.
Now, the Preamble does not mention the importance of world peace or a just international order, but other parts of the Constitution do. The Indian Constitution gives state-specific instructions to (a) advance international peace and security; (b) uphold just and honourable relations between states; (c) facilitate the arbitration of international disputes, and (d) develop respect for international law and treaty obligations. It is in India’s best interests to uphold and adhere to these ideals. India would undoubtedly benefit from peace and justice in the world system.
Additionally, our Constitution lays out some fundamental duties for citizens to fulfil. Although these obligations (duties) cannot be enforced in court the way fundamental rights can, citizens are nonetheless required to fulfil them. Because they represent certain fundamental ideals like patriotism, nationalism, humanism, environmentalism, harmonious living, gender equality, scientific temper and inquiry, and individual and communal greatness, fundamental duties are even more important.
ROLE OF THE CONSTITUTIONAL VALUES IN THE EVOLUTION OF DEMOCRACY IN INDIA
Granville Austin (an American historian of the Indian Constitution) asserts that the Indian Constitution is first and foremost a social document that is aided by its Parts III & IV (the Fundamental Rights and Directive Principles of State Policy, respectively), which act as its main tools and conscience in achieving the objectives it has set for all of the people. To maintain flexibility, the Constitution has been purposefully written in general terms rather than ambiguous ones.
According to John Marshall, the fourth Chief Justice of the United States, a constitution should have “big outlines outlined, its major objects designated, and the minute components which form those objects be drawn from the character of the objects themselves”. A document “designed to endure for ages to come”, must be understood in light of the current social and political climate as well as the intention and understanding of its framers.
Thus, a constitution is a body of fundamental values, guiding concepts, and well-established precedents. It identifies, defines, and governs many facets of the State as well as the makeup, authority, and duties of the principal institutions that fall within the purview of the three branches of the government: the executive, legislative branch, and judicial branches.
Additionally, it outlines citizens’ rights and freedoms as well as their interactions with the State and government. The fundamental rules of the land are contained in a constitution, whether it is written or not. It is the highest and most powerful authority. Any choice or action that does not follow it is unlawful and unconstitutional. To prevent abuse of power, a constitution also establishes restrictions on governmental authority. Additionally, it is a living document that must be updated as needed, making it anything from static. Due to its adaptability, it can evolve to meet the moment’s needs, the populace’s shifting ambitions, and societal developments.
Now, as far as instigating and imbibing democratic values in the heart & soul of the Indian ‘System’ was concerned, the following factors had a significant impact on the constitution-making process: (a) the aspirations created during the protracted freedom struggle; (b) the political and constitutional changes made under British rule; (c) Mahatma Gandhi’s ideas and thoughts, commonly known as Gandhism; (d) the sociocultural ethos of the nation; and (e) the experiences of constitutions functioning in other democratic countries around the world.
With its vastness and complexity, modern society provides few opportunities for direct democracy. Representative democracy is currently the most prevalent type of democracy, whether it be in a town of 50,000 or a country of more than 100 Crore people. In this type of democracy, residents elect representatives to make political choices, create laws, and run programmes for the benefit of the public. A representative democracy exists in ours as well.
The crucial right to choose one’s representative belongs to every citizen. All tiers of government, including Panchayats, Municipal Boards, State Assemblies, and Parliament, are all governed by popular vote. There is a growing sentiment that participation in democracy should occur more frequently and not just once every five years. Decentralized government and participatory democracy have both gained popularity. Over the many years of India’s anti-colonial struggle, the practises and principles that makeup today’s Indian democracy have evolved.
In colonial India, British colonialism’s undemocratic and discriminatory administrative practices stood in stark contrast to the notion of freedom championed by Western notions of democracy and presented to Indians with Western education. The severity of social discrimination and the extent of poverty in India also raised more serious concerns about the nature of democracy.
A picture of what Indian democracy should resemble arose even as India fought to end British rule. Motilal Nehru and eight other Congressmen developed the first version of the Indian Constitution in 1928. The Indian National Congress’ Karachi Session adopted a resolution in 1931 that focused on the structure of an independent India’s constitution.
The Karachi Resolution is a reflection of a vision of democracy that called for more than simply the official conduct of elections to establish a truly democratic society. But today, India is present on numerous levels. One facet of the plurality is the population’s multireligious and multicultural mix, which includes diverse streams of tribal culture. The Indian people are divided into many categories. Culture, religion, and caste all affect how people are divided into urban and rural areas, affluent and poor people, and literate and uneducated people. The rural poor are divided into groups and subgroups based on caste and level of poverty. There are many different types of urban working-class people.
Then there is the professionally and commercially oriented domestic business class, which is also well-organized. The urban professional class speaks out frequently. On the Indian social landscape, conflicting interests operate and vie for control of the state’s resources.
However, there are a few fundamental goals outlined in the Constitution that are largely accepted in the Indian political community as being blatantly just. These include eradicating caste systems, reducing poverty, and taking proactive measures to treat all communities equitably (Conflicting interests don’t always show an obvious class distinction and hence, the Constitution safeguards life in this situation). The Constitution also preserves the right to a living.
It is intriguing that while being fully aware of this complexity and heterogeneity when the Constitution was being drafted, the Constituent Assembly was determined to assure social justice. The Constitution is more than just a list of social justice do’s and don’ts. It can broaden the definition of social justice.
Additionally, social movements have helped the courts and authorities interpret rights and principles by the current understanding of social justice. Conflicting viewpoints are discussed in law and courts. A method for directing and civilising political power toward social welfare is still thus imbibed in the Indian Constitution.
For the past 75 years since India’s independence, the success of its democracy has been hailed as an amazing achievement in a nation with such extreme disparity and variety. The current Indian administration is loosely based on the Westminster system of the United Kingdom. It consists of a president serving as head of state, a prime minister leading the executive branch, a parliament with an upper and lower house (the Rajya Sabha and Lok Sabha), and a supreme court presiding over the judiciary.
Every five years, a first-past-the-post general election is used to choose the 543 members of the Lok Sabha. State legislators elect around one-third of the state representatives, who are indirectly elected to the Rajya Sabha for staggered six-year terms, every two years.
The Indian constitution guarantees Indians’ rights, including their equality before the law and their freedoms of expression, assembly, and movement, among other things, as well as the political code, federal organisation, and governmental powers of the nation.
CONSTITUTIONAL VALUES AS AN ‘AID’ FOR SOCIAL JUSTICE & A STRONG FEDERAL STRUCTURE
Knowing the distinction between justice and the law is important. The essence of the law lies in its powerful influence. Fairness is the cornerstone of justice and a hierarchy of authorities underlies the operation of any legal system. The Constitution is the fundamental standard from which all other laws and authorities emerge. The tenets of a country are contained in this paper.
India’s fundamental law is the Indian Constitution. All other legislation is created as per the steps outlined in the Constitution. The authorities listed in the Constitution make and carry out these laws. When there is a disagreement, a hierarchy of courts – which are also authority established by the Constitution – interpret the laws. The Supreme Court is the highest court and the final arbiter of constitutional interpretation.
Now, the Supreme Court has made numerous significant improvements to the Constitution’s Fundamental Rights. All that is incidental to a Fundamental Right is also a part of it. The brief language of Article 21 has been understood to include everything necessary for a quality existence, including livelihood, health, shelter, education, and dignity.
Various proclamations have enlarged various aspects of “life” and defined it to mean more than just animal existence. These interpretations have been applied to provide relief to prisoners who have been subjected to torture and deprivation, the release and rehabilitation of slaves, the prevention of activities that are harmful to the environment, provision of primary healthcare, and the provision of primary education.
According to Article 19(1), the Supreme Court ruled in 1993 that the right to information is connected to and incidental to the right to expression (a). Additionally, the Supreme Court interpreted Article 14’s Fundamental Right to Equality includes the Directive Principle of “equal pay for equal work,” which has brought relief to numerous plantation and agricultural labourers as well as other people.
The Constitution is more than just a list of social justice dos and don’ts. It can broaden the definition of social justice. Additionally, social movements have helped the courts and authorities interpret rights and principles under the current understanding of social justice. Conflicting viewpoints are discussed in law and courts. A method for directing and civilising political power toward social welfare is still the Constitution.
The Constitution can also assist people because it is built on fundamental social justice principles. For instance, K.Santhanam proposed an amendment to the Constituent Assembly that would have codified the Directive Principle on village panchayats. After more than 40 years, it became a constitutional requirement with the passage of the 73rd Amendment in 1992.
Now, the ones who framed the Constitution thought we needed a federal constitution that would allow for plurality and diversity. India encountered difficulties retaining its unity and integrity as well as bringing about social, economic, and political reform after gaining independence, though.
The British had divided India into Provinces at the time of independence, but it also had more than 500 Princely States that needed to be incorporated into existing States or new States that needed to be founded. This made it necessary for the Center to have these powers. In actuality, the Central government has been purposefully strengthened. Along with the need for unity, the Constitution’s authors also believed that a strong federal government working with the States was necessary to address the nation’s socioeconomic issues.
Among the issues that required coordinated planning were poverty, illiteracy, social inequality, and wealth inequality. As a result, the Constitution’s authors decided to establish a powerful central government out of concern for unity and progress.
The First Article of the Constitution refers to the unique federal structure of India. India shall be “a Union of States”, according to the clause. The Constitution of India makes no mention of India as a federal state. On Indian territory, the Central government is the only entity with authority. The Parliament controls a State’s basic existence, including its geographical integrity.
The power to create a new State by separation of territory from any State or by the union of two or more states belongs to the Parliament. Additionally, it has the power to change a state’s name or even its borders. The Constitution does, however, include some protections. The Central government must obtain the respective State legislature’s opinion before making such measures.
The central government also possesses strong financial authority and duties. First, the Centre has control over any items that generate income. The majority of the States’ financial needs are met by grants and support from the federal government. Moreover, after gaining independence, India adopted planning as a tool for accelerating economic growth. Additionally, this has greatly centralised decision-making. The constitutional provisions also state that the Center has greater executive authority than the States. The State government may get directives from the Central government.
Additionally, we have a coordinated administrative framework. Officers selected for the All-India Services assist in the management of the States on behalf of the entire Indian subcontinent. As a result, the Central government influences an IAS officer who becomes the collector or an IPS person who serves as the Commissioner of Police.
States are not permitted to discipline or dismiss these officers from their positions. Thus, it is pretty much evident and imminent that there is a slant that benefits the Center at the expense of the States. The States and the Centre must collaborate closely. The claim that the Indian Constitution is federal in form but unitary in spirit has gained support due to this. It is, thus, referred to as a “semi-federal” or “quasi-federal” system by constitutional scholars.
Hence, in conclusion to this article, we can say that every nation having a written constitution that summarises & sets forth its guiding ideals and system of government is an indication of having a healthy democratic system. In India, the constitution is the foundation of the nation. Additionally, it not only solidly unites the nation’s diversity and diverse cultures, but it also strengthens and protects citizens’ rights and liberties while preserving an efficient balance between the many government agencies.
The established beliefs prevent the abuse of power by authorities and restrict the concentration of power in the hands of one governing body. When there is a difference in ideas and viewpoints among the parties, the Constitution also helps to forge a consensus. The guidelines reflect what Indian residents anticipate from the nation’s authorities. They include the form of government the nation should have and the ideals it ought to uphold. Numerous articles and clauses of the Indian Constitution express the fundamental principles that make up its spirit and keep it alive for the upcoming generations.