The Indian Polity and Constitution form the backbone of the country’s democratic framework. They define the functioning of government institutions, the rights and duties of citizens, and the principles of governance. This article delves into the essential aspects of Indian Polity and the Constitution, exploring their key features, significant amendments, and their impact on the nation.
Historical Background
Formation of the Constituent Assembly:
– The Constituent Assembly of India was formed in 1946 to draft the Indian Constitution.
– Dr. B.R. Ambedkar served as the Chairman of the Drafting Committee, playing a pivotal role in framing the Constitution.
– The Constitution was adopted on 26th November 1949 and came into effect on 26th January 1950.
Influences on the Indian Constitution:
– The Indian Constitution drew inspiration from various sources, including the British, American, and Irish Constitutions.
– It incorporated features such as the parliamentary system, fundamental rights, and directive principles of state policy.
– The Government of India Act, 1935, served as a primary reference point for the structural framework.
Key Features of the Indian Constitution
Preamble:
– The Preamble of the Indian Constitution outlines the core values and principles of the nation.
– It emphasizes justice, liberty, equality, and fraternity as the guiding principles of Indian democracy.
– The Preamble declares India to be a Sovereign, Socialist, Secular, Democratic, and Republic state.
Fundamental Rights:
– Part III of the Constitution guarantees Fundamental Rights to all citizens, protecting their liberties and freedoms.
– These rights include the right to equality, freedom of speech and expression, right to life and personal liberty, and the right against exploitation.
– Fundamental Rights can be enforced through the judiciary, ensuring protection against state actions violating these rights.
Directive Principles of State Policy:
– Part IV of the Constitution outlines the Directive Principles of State Policy, guiding the government in making policies and laws.
– These principles aim to establish social and economic democracy, ensuring the welfare of citizens.
– Although not justiciable, Directive Principles play a crucial role in shaping governance and legislation.
Federal Structure:
– The Indian Constitution establishes a federal system of government, dividing powers between the central and state governments.
– It specifies the distribution of legislative, administrative, and financial powers through the Union List, State List, and Concurrent List.
– The federal structure ensures a balance of power, allowing both the central and state governments to function independently within their spheres.
Parliamentary System:
– India follows a parliamentary system of government, where the executive is responsible to the legislature.
– The President of India is the ceremonial head of state, while the Prime Minister is the head of government.
– The parliamentary system ensures accountability and collective responsibility of the executive to the legislature.
Independent Judiciary:
– The Indian Constitution establishes an independent judiciary, ensuring the rule of law and protection of citizens’ rights.
– The Supreme Court is the apex judicial authority, followed by High Courts at the state level.
– Judicial review empowers the judiciary to examine the constitutionality of laws and executive actions.
Amendment Process:
– The Indian Constitution provides a detailed procedure for amendments under Article 368.
– Amendments can be initiated by either House of Parliament and require a special majority for passage.
– Some provisions also require ratification by at least half of the state legislatures.
Significant Constitutional Amendments
First Amendment Act, 1951:
– Added restrictions on the right to freedom of speech and expression, aimed at addressing public order and morality.
– Introduced the Ninth Schedule to protect laws related to land reform and agrarian restructuring from judicial review.
Seventh Amendment Act, 1956:
– Reorganized states based on linguistic lines, leading to the creation of new states and alteration of existing boundaries.
– Established the system of Union Territories, administered by the central government.
Twenty-Fourth Amendment Act, 1971:
– Affirmed the Parliament’s power to amend any part of the Constitution, including Fundamental Rights.
– Ensured that Constitutional Amendments cannot be challenged on the grounds of violating Fundamental Rights.
Forty-Second Amendment Act, 1976:
– Known as the “Mini-Constitution,” it made significant changes to the Constitution during the Emergency period.
– Enhanced the power of the central government and curtailed the power of the judiciary.
– Added the words “Socialist” and “Secular” to the Preamble, emphasizing the nature of the Indian state.
Eighty-Sixth Amendment Act, 2002:
– Made education a Fundamental Right by inserting Article 21A, ensuring free and compulsory education for children aged 6 to 14 years.
– Emphasized the importance of education in national development and social justice.
Key Institutions and Bodies
President of India:
– The President is the ceremonial head of state and the supreme commander of the armed forces.
– The President is elected by an electoral college comprising Members of Parliament and Members of Legislative Assemblies of states and Union Territories.
– Powers and functions include appointing the Prime Minister, assenting to bills, and declaring emergencies.
Prime Minister and Council of Ministers:
– The Prime Minister is the head of government and leads the Council of Ministers.
– The Council of Ministers is responsible for executing policies and administering government functions.
– The Prime Minister and the Council of Ministers are collectively responsible to the Lok Sabha, the lower house of Parliament.
Parliament:
– The Parliament of India is a bicameral legislature comprising the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
– It is responsible for enacting laws, approving the budget, and overseeing the executive branch.
– Members of the Lok Sabha are directly elected by the people, while Rajya Sabha members are elected by state legislative assemblies.
Supreme Court of India:
– The Supreme Court is the highest judicial authority in India, ensuring the protection of the Constitution and citizens’ rights.
– It has the power of judicial review, allowing it to declare laws and executive actions unconstitutional.
– The Supreme Court also serves as the final appellate court for civil and criminal cases.
Election Commission of India:
– An independent constitutional authority responsible for administering elections to the Parliament, state legislatures, and the offices of the President and Vice-President.
– Ensures free and fair elections, upholding democratic principles.
– Powers include delimiting constituencies, preparing electoral rolls, and monitoring election expenditure.
Recent Developments and Challenges
Electoral Reforms:
– Introduction of Voter Verifiable Paper Audit Trail (VVPAT) for transparency in the voting process.
– Efforts to curb the influence of money and muscle power in elections through stricter regulations and monitoring.
– Discussion on the need for simultaneous elections to reduce the cost and administrative burden.
Judicial Reforms:
– Addressing the backlog of cases through the establishment of fast-track courts and alternative dispute resolution mechanisms.
– Enhancing judicial accountability and transparency through reforms in the appointment and functioning of judges.
– Digitization of court processes for efficient case management and accessibility.
Governance and Decentralization:
– Strengthening local self-governments through the implementation of the 73rd and 74th Constitutional Amendments, empowering Panchayats and Municipalities.
– Promoting e-governance initiatives to improve public service delivery and reduce corruption.
– Encouraging citizen participation in governance through platforms like MyGov and public consultations.
Human Rights and Social Justice:
– Efforts to protect and promote human rights through legislative measures and institutional mechanisms like the National Human Rights Commission.
– Addressing issues of social justice and equality through affirmative action policies, such as reservations for Scheduled Castes, Scheduled Tribes, and Other Backward Classes.
– Advocacy for gender justice, protection of marginalized communities, and ensuring equal opportunities for all citizens.
Environmental Governance:
– Strengthening environmental laws and regulations to address pollution, deforestation, and climate change.
