Meaning of Constitution
“The systematic collection of rules formulated to govern any country is called the constitution of the country.”
importance
The Constitution is the fundamental and important document of the country. Laws are framed in the country on the basis of the provisions of the Constitution. The laws of the country must be consistent with the Constitution and subject to the constitutional provisions. The Constitution is supreme over the laws.
Constitution making process
The Constituent Assembly had a total of 389 members, including people from different communities, religions, castes, genders and geographical regions, representatives of political parties and experts from various fields. Accordingly, the important members included Jawaharlal Nehru, Sardar Vallabhbhai Patel, Maulana Abul Kalam Azad, Shyama Prasad Mukherjee, H. P. Modi, H. V. Kamath, Frank Anthony, Kanaiyalal Munshi, Krishna Swami Iyengar, Baldev Singh and women representatives included Sarojini Naidu, Vijayalakshmi Pandit etc.Rajendra Prasad, while the Chairman of the Drafting Committee of the Constitution was Dr. Bhimrao Ambedkar.
This Constituent Assembly started its work on 9th December 1946. The Constituent Assembly completed its work in a total of 166 meetings held in two years, eleven months and eighteen days. In this process, they gave the final shape to the Constitution by studying the important features of the constitutions of different countries of the world and having detailed discussions. The Constitution initially had 295 articles and 8 appendices, after which with amendments there were 395 articles and 9 appendices and the shape of the Constitution was fixed.
On 26th November 1949, the Constitution was unanimously passed in the Constituent Assembly, and was given the form of law. The Constitution of India came into force on 26th January 1950 and India was declared a “Republican Nation”, hence we celebrate 26th January as “Republic Day” in a grand manner. Our Constitution includes many important matters like the fundamental rights and duties of the people, guiding principles of state policy, organs and functions of the government and some administrative instructions, system of judiciary.
What is the introduction?
The Preamble is the initial core and distinctive element of the Constitution. The Constitution begins with the Preamble. From the words mentioned in the Preamble, it is clear that the Preamble is the soul of the Constitution.
The 42nd Constitutional Amendment of 1976 added the words "socialist" and "secular" after the word "sovereign" in the Preamble, and also included "national unity" and "integrity of the nation".
The Preamble states the basic aims, objectives, ideals and principles of the Constitution. The Preamble makes it clear that the Constitution aims to achieve the lofty ideals and sentiments of establishing a “welfare state” in India. Thus, the Preamble introduces the mindset of the framers of the Constitution.
Importance of introduction
The Preamble is very important as it is called the soul of the Constitution. It provides guidance in the formulation of any law and in its complete understanding or interpretation. The Preamble helps in knowing the purpose of the law and the policy of the Parliament behind its ideal law. The Preamble clearly indicates to us the kind of problems to be solved by the law.
When there is any ambiguity or inconsistency in any clause or detail of a law, or when the purpose of the law is not clear, the preamble helps in understanding and interpreting the clause of the law. Thus, the preamble serves as a compass in understanding the provisions of the Constitution.
The preamble echoes the noble sentiments and ideals of unity, integrity of the nation and brotherhood among citizens. The preamble is backed by high ideals and goals.
The pillars of the introduction
Out of which, we will study in detail the three pillars mentioned below.
(1) Democracy: The Constitution of India vests the ultimate sovereign power in the people of India. There is no rule by any one individual or class; but the ultimate reins of power are in the hands of the people.
The word Democracy is derived from the Greek words “Demos” (people) and “Kratos” (power). “State power is not established in the hands of a few individuals in an arbitrary manner; but is in the hands of the people.
In the Constitution of India, the executive (the Prime Minister and the administration) is responsible to the Parliament (Lok Sabha), formed by the voters through their representatives elected on the basis of universal adult suffrage. The executive does not have unlimited power. It is entrusted with the reins of power only for a fixed period. Similarly, voters elect the government at the state and local levels. Thus, a democratic state means a state run by the people, by the people and for the people.”
The real power is vested in the Council of Ministers, which are the representatives of the people, formed by the Parliament. The Council of Ministers is responsible to the Parliament. India is a republic because any citizen of India who possesses the qualifications prescribed in the Constitution is elected by universal adult suffrage. He cannot attain this office by any hereditary succession. He can generally remain in power for only five years. Parliamentary government works on the principle of shared responsibility and is therefore also called a 'responsible government'. The democratic government of India is based on the principles of liberty, equality and fraternity.
The Preamble makes it clear that the Constitution accepts the spirit and will strive to fulfill those objectives. The framers of the Constitution have placed a bold faith in granting the people of India the right to universal adult suffrage.
In democracy, the Indian Constitution declares India as a democratic state with provisions such as fundamental rights, guiding principles of politics, constitution and functions of Parliament, Legislative Assembly, independent and impartial judiciary and Election Commission.
Universal adult suffrage means that every citizen of India, irrespective of caste, creed, religion, language, gender, education, income or place of birth, who is 18 years of age or older has the right to vote. However, registration of the citizen's name in the electoral roll is mandatory.
(2) Socialist: Most of the provisions of the Indian Constitution directly or indirectly aim to establish a “welfare state” by achieving social and economic equality through a “social revolution”.
The preamble states in the guiding principles of state policy the goal of establishing a socialist-minded social structure that ensures social, political and economic justice and equality for all citizens.
In a socialist society, the system of equitable distribution, production and distribution of national resources is in the hands of the state, efforts are made to reduce income inequality among people working in different areas and professions in the state, wealth is not concentrated in the hands of any individual or group, everyone gets opportunities and facilities for healthy and dignified development, through which the states are guided in the constitution to strive to achieve social welfare and to raise the standard of living of the people by eliminating the differences between the poor and the rich. Therefore, the Indian Constitution is a social document.
(3) Secularism: The word “secular” has been added to the Preamble by the 42nd Constitutional Amendment of 1976. India
It is a secular state. According to the constitutional provisions, India cannot become a religious state. The state of India does not have its own religion. Therefore, the state will not interfere in the matter of religion. Therefore, the state cannot support any religious activity. The state cannot associate religion with any secular (secular) activity. Any citizen of the country has the freedom to practice any religion according to his/her wish.
The state cannot be biased or discriminate against any citizen in the name of religion or sect. He/she is provided with equal opportunity to enjoy public jobs and political rights. Thus, secularism is considered to be the basic principle of the Constitution and an indispensable feature of democracy.
The Indian Constitution, which enshrines the principles of "All Religions in Harmony" and "All Religions in Harmony", states that no religion shall be promoted in the state. There is no restriction or hindrance by the state on the right of a citizen to hold his/her own religious beliefs, faith, and belief and to propagate them.
Basic features of structure
Some of the distinctive and fundamental features of the world's largest, most comprehensive and detailed written constitution of India, which came into effect on 26th January 1950, are as follows:
(1) Written Document: With the exception of Britain and Israel, the constitutions of all democratic countries of the world, including India, are in written form. Considering the diverse social, geographical conditions and past history of India, the Constituent Assembly considered it appropriate to keep the constitution in written form.
(2) Size of the Constitution: The Constitution of India is divided into 22 parts, 395 articles and 8 schedules.This Constitution has provisions for the system of governance of the Centre and the States and their interrelations, fundamental rights and duties of the people, guiding principles of politics, judiciary, Election Commission, institutions of local self-government, minorities, backward and deprived groups. And therefore our Constitution has become longer, more extensive and more complete than any other constitution in the world.
(3) Single Citizenship: In a country like America, every person has dual citizenship, i.e. one is of the United States of America and the other is of the state in which he resides, whereas in India, no matter which state we reside in; but we have only one citizenship, i.e. Indian citizenship. We do not have a separate citizenship of the state there.
(4) Federalism with a strong centre: The word federal is not used anywhere in the Constitution of India. Constitution
India is described as a “Union of States”. Thus, India is a federal state. The word “Union” has been written in the Constitution to clarify the permanent and irrevocable relationship between the Union (Center) and the unitary states in India. The unitary states do not have the right to separate from the Center. The Union Government has been given some special and superior powers.So that the state government can make its own laws in accordance with its own areas of work.
The powers reserved in the Constitution are enjoyed by the Center and the states through the division of powers. In the federal system, there is a neutral, impartial and independent judiciary which interprets the Constitution and resolves any dispute arising between the Center and the states regarding the division of powers and functions.
In India, there is a clear and detailed division of powers between the Centre and the states. For this, three lists have been placed in the Constitution:
(1) Union List: A total of 97 subjects are included in the Union List. In which the Parliament has full power to make laws. The Centre has supreme authority in areas of national importance like defence, foreign affairs, atomic energy, finance, insurance, banking, postal services, railways.
(2) List of States: Law and order, education, local self-government institutions, agriculture-irrigation, health, land, internal trade and commerce of the states are included. If the center feels that law and order has broken down in the state, then the center can send the Central Reserve Police Forces to that state with the consent of the state or against the will of the state.
(3) Concurrent List: The Concurrent List includes 47 subjects on which both the Centre and the States have the power to make laws; but when there is a dispute. Thus, in the federal system, the Centre has been given special powers in the Concurrent List as well. This list includes civil and criminal matters, marriage, divorce and maintenance, education, economic planning, trade unions etc.
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