Introduction
Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related to Constitution. In today’s blog post, we aim to shed light on the prevailing issues surrounding Constitution, the legal framework in place for their protection, and the steps we can take as a society to combat these acts. Join us as we explore this critical subject and empower you with the knowledge to protect your rights and safety.
What is Indian Constitution?
The Indian Constitution is the supreme law of India. It was adopted by the Constituent Assembly of India on 26th November 1949 and came into effect on 26th January 1950, replacing the Government of India Act (1935) as the governing document of India. The Constitution lays down the framework that defines the political principles, establishes the structure, procedures, powers, and duties of the government institutions, and sets out the fundamental rights, directive principles, and responsibilities of citizens.
The Indian Constitution is a comprehensive document consisting of a preamble and 470 articles, divided into 25 parts. It provides for a federal system of government, with powers divided between the central government and the states. The Constitution establishes a parliamentary system of government, with a President as the head of state and a Prime Minister as the head of government.
What is the Preamble Of the Indian Constitution?
The Preamble of the Indian Constitution establishes India as a sovereign, socialist, secular, democratic, and republican country. It also encompasses other important principles such as justice, liberty, equality, and fraternity.
Salient Features Of the Indian Constitution
The Indian Constitution, which came into effect on January 26, 1950, has several salient features that distinguish it from other constitutions. Here are some of the key features of the Indian Constitution:
- Detailed Constitution: The Indian Constitution is one of the lengthiest and most detailed constitutions in the world. It consists of a preamble and 470 articles, divided into 25 parts, along with numerous schedules and amendments.
- Written Constitution: The Indian Constitution is a written document that provides a comprehensive framework for the governance of the country. It lays down the fundamental principles, rights, and institutions of the Indian state.
- Federal System with Unitary Bias: The Indian Constitution establishes a federal system of government where power is divided between the central government and the states. However, it also contains provisions that give more authority to the central government, thus giving it a unitary bias.
- Parliamentary System of Government: The Constitution establishes a parliamentary system of government at the centre and in the states. It is based on the British model, with the President as the head of state and the Prime Minister as the head of government.
- Fundamental Rights: The Indian Constitution guarantees fundamental rights to its citizens, including the right to equality, freedom of speech and expression, freedom of religion, and protection against discrimination. These rights are justiciable and enforceable by the courts.
- Directive Principles of State Policy: The Constitution includes Directive Principles of State Policy, which are guidelines for the government to promote social justice, economic welfare, and the overall well-being of the citizens. While not legally enforceable, they are considered fundamental in the governance of the country.
- Independent Judiciary: The Indian Constitution provides for an independent judiciary, separate from the executive and legislative branches. The judiciary acts as the guardian and interpreter of the Constitution and ensures the rule of law.
- Secular State: The Constitution declares India to be a secular state, ensuring equal treatment and freedom of religion to all its citizens. The state does not promote or favour any particular religion and maintains a neutral stance in religious matters.
- Universal Adult Suffrage: The Constitution provides for universal adult suffrage, granting every citizen above the age of 18 the right to vote without any discrimination based on caste, gender, religion, or economic status.
- Rigidity and Flexibility: The Constitution is considered both rigid and flexible. While some provisions can be amended only by a special majority of the Parliament, certain other provisions can be amended by a simpler majority. This balance between rigidity and flexibility allows for the Constitution to adapt to changing circumstances.
Conclusion
A constitution is a fundamental legal document that forms the backbone of a country’s governance system. It outlines the principles, structure, and powers of the government, as well as the rights and duties of its citizens. Salient features of a typical constitution include a preamble that expresses the guiding values, fundamental rights protecting citizens’ freedoms, separation of powers among the legislature, executive, and judiciary, and ensuring checks and balances.
We are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services for matters related to Constitution. We have a website on which we publish blogs informing the litigants about the said laws. Draft a blog which can be published on our website…..