The Constitution of India
After the independence of India, it needed a constitution to function under. So, the Constituent Assembly, appointed a Draft Committee to do the job. Dr. Bheemrao Ambedkar was nominated to head the committee. The committee prepared the draft and the Constituent Assembly adopted it as the constitution of India on 26 November, 1949. It came into force on 26 January, 1950.
The constitution defined India as a sovereign, socialist secular, democratic republic with a parliamentary system of government. The country functions in the terms of its constitution. In structure India is federal with some unique features. The President is the constitutional head of the state. The constitution prescribes that there shall be a cabinet of ministers headed by Prime Minister to advise the President, who shall act in accordance with the advice, in exercise of his functions. The Prime Minister and the council of ministers are vested with the real exercise of powers. The Prime Minister and the council of Ministers are responsible to the Lok Sabha collectively. In the same manner, in respect of the states, the Governor is the head of the state executive but the real executive ‘power- vests in the Chief Minister and his council of ministers. They are collectively responsible to the Vidhan Sabha.
The highest and the final judicial- tribunal is. the Supreme Court of India. It consists of a Chief Justice and a maximum number of 25 other judges. They are all appointed by the President of India. To the maximum age of 65 they can hold their offices. A retired judge of the Supreme Court cannot practice in any court of law or before any authority of India. The Supreme Court has both original and appellate jurisdictions. It exercises jurisdiction over all disputes between the Union and State or States interest. In respect of the enforcement of Fundamental Rights guaranteed by the constitution, it has extensive original jurisdiction.
An impressive list of Fundamental Rights to all citizens collectively and individually, without any discrimination is guaranteed by the constitution. They ensure proper, moral, material acid social welfare of the Indian citizens. The Fundamental Rights are: (1) Right to equality which includes equality before law, prohibition of discrimination on grounds of race, religion, sex or place of birth and-equality of opportunity in respect of employment. (2) The right to freedom of speech or expression, assembly, association or union, movement, residence and the right to practice any profession or occupation. Some of these rights and freedoms are subject to the security of the state, friendly relations with foreign countries, public order, decency and morality. (3) The right against exploitation, prohibiting all forms of forced labour, child labour and traffic of human beings. (4) The right to freedom of conscious and free profession, practice and propagation of religion. (5) The right to conserve culture, language or script, and the right of minorities to establish and administer educational institutions of their choice. (6) Right to the constitutional remedies for the enforcement of the Fundamental Rights. All the above rights and freedoms cannot be taken away or violated in ordinary circumstances.
Our constitution also stipulates certain Fundamental Duties. They enjoin upon a citizen, among other things, to abide by the constitution, to cherish and follow the noble ideals which inspired our national freedom struggle, to defend the country and render when called upon to do so, and to promote harmony and common brotherhood amongst all the people of India transcending religious, linguistic, regional and sectional diversities.
Certain Directive Principles of State Policy has been laid down by the constitution. The state is advised to keep these in view while enacting laws. The state shall direct the policy that should strive to secure and protect just social order, adequate means of livelihood to all, equal pay for equal work, education and assistance in case of disablement, unemployment, old age or sickness. A living wage to workers, humane working conditions, a decent standard of life and full involvement of workers in the management of industries is also advised.
Directive Principles advise the state, in respect of economic sphere, to direct its policies in such a manner as to secure the ownership and distribution of material resources of the State conducive to common good of the society and to prevent monopolization of wealth and means of production. The constitution of India is one of the best in the world. Its salient features are— (a) It-is idealistic and flexible. (b) It reconciles Parliamentary sovereignty with the supremacy of the Judiciary. (c) It guarantees the Fundamental Rights and their constitutional. remedies. (d) It upholds the sovereignty of the people. (e) It has institutionalized parliamentary form of government. (f) It is unitary in spirit and federal in form. (g) It give voting right to every adult citizen. (h) It incorporates Duties of Citizens and Directive Principles. (i) It establishes independent judiciary with provisions for judicial reviews.
The Constitution of India provides single citizenship. It is the longest constitution in the world to take care of the rights and the interest of all the regional, tribal, cultural, racial, sectional, linguistic and religious groups.
