Indian Constitution Explained: Core Concepts & System
Salient Features of the Indian Constitution
The Indian Constitution is a written and extensive document, recognized as one of the longest in the world. It embodies a unique blend of rigidity and flexibility, allowing some parts to be easily amended while others require a special majority. India adopts a Parliamentary form of government, modeled after the British system. The Constitution establishes a federal system with a unitary bias, meaning powers are divided between the Centre and States, but the Centre retains dominance. It ensures an independent judiciary with powers of judicial review. Furthermore, it guarantees Fundamental Rights and Duties, promoting civil liberties and citizen responsibility. The Directive Principles of State Policy aim to achieve socio-economic justice. India is declared a secular state, ensuring equal respect for all religions. Finally, it mandates single citizenship, meaning every Indian is a citizen of India alone.
Basic Structure of the Indian Constitution
The Basic Structure Doctrine was established in the landmark Kesavananda Bharati case (1973). This doctrine asserts that while Parliament can amend the Constitution, it cannot alter its fundamental or basic structure. Key elements identified as part of the Basic Structure include:
- Supremacy of the Constitution
- Rule of Law
- Separation of Powers
- Judicial Review
- Federalism
- Secularism
- Free and Fair Elections
- Unity and Integrity of the Nation
- Fundamental Rights
Constitutional Values and the Preamble
The Preamble to the Indian Constitution outlines India as a Sovereign, Socialist, Secular, Democratic Republic. It also promotes the ideals of Justice, Liberty, Equality, and Fraternity for all its citizens. These principles collectively reflect core constitutional values such as human dignity, freedom, equality, brotherhood, and national integrity.
India’s Federal Structure and Political System
India’s political system exhibits both federal and unitary characteristics:
Federal Features:
- Division of powers (Union, State, and Concurrent Lists)
- Bicameral Legislature (Lok Sabha and Rajya Sabha)
- Written Constitution
Unitary Features:
- Strong Centre
- Single Constitution
- Single Citizenship
The political system is democratic, follows a parliamentary system, allows for a multi-party structure, and is based on universal adult franchise.
Core Principles of the Indian Constitution
The Constitution is founded on several key principles:
- Sovereignty: India possesses the independent authority to make its own laws.
- Socialism: Advocates for economic equality and the establishment of a welfare state.
- Secularism: Ensures no official state religion, treating all religions equally.
- Democratic Republic: Government is by the people, and the head of state (President) is elected, not hereditary.
Structure of India’s Union Legislature
India has a bicameral Parliament comprising:
- The Lok Sabha (House of the People) with 545 members, directly elected.
- The Rajya Sabha (Council of States) with 245 members, indirectly elected.
- The President of India, who is an integral part of Parliament.
Its main functions include law-making, budget approval, and executive oversight.
Challenges to India’s Political System
Major threats and challenges to the Indian political system include:
- Corruption
- Criminalization of politics
- Communalism
- Casteism
- Regionalism
- Weak coalition governments
- Low political participation
- Media manipulation and fake news
Fundamental Duties of Indian Citizens
Fundamental Duties were added to the Constitution by the 42nd Amendment (1976) under Article 51A. There are 11 duties, which include:
- Respecting the Constitution, National Flag, and National Anthem.
- Promoting harmony and the spirit of common brotherhood.
- Defending the country and rendering national service when called upon.
- Protecting and improving the natural environment.
- Developing scientific temper, humanism, and the spirit of inquiry and reform.
These duties are not legally enforceable but promote civic responsibility among citizens.
Election Commission and Electoral Reforms in India
The Election Commission of India (ECI) is an independent constitutional body established under Article 324. It is responsible for conducting free and fair elections for the President, Vice President, Parliament, and State Legislatures. The ECI is headed by the Chief Election Commissioner (CEC).
Key election reforms implemented include:
- Use of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trails (VVPATs).
- Introduction of the Voter ID system.
- Spending caps for candidates and parties.
- Disqualification of convicted legislators.
- Online voter registration.
Key Concepts: Short Notes on Indian Polity
The Preamble
The Preamble serves as the introductory statement of the Constitution, reflecting its philosophy, ideals, and objectives. It declares India to be a Sovereign, Socialist, Secular, Democratic, and Republic, and aims to secure Justice, Liberty, Equality, and Fraternity for all citizens. It acts as a guiding light for constitutional interpretation.
Rule of Law
This fundamental principle dictates that no one is above the law, and the law applies equally to all individuals—whether a common citizen or a government official. It ensures legal equality, accountability, and the protection of rights under the Constitution, forming a core feature of Indian democracy upheld by the judiciary.
Indian Constitution
The Indian Constitution is the supreme law of the land. It lays down the structure, powers, and functions of government institutions and outlines citizens’ rights and duties. It is a written, detailed, and flexible Constitution, adopted on 26th November 1949 and enforced on 26th January 1950.
Constitutional Values
These are the core values enshrined in the Constitution, designed to promote human dignity and a just society. They include:
- Justice: Social, economic, and political.
- Liberty: Of thought, expression, belief, faith, and worship.
- Equality: Of status and opportunity.
- Fraternity: Assuring the dignity of the individual and the unity and integrity of the nation.
- Sovereignty, Secularism, Democracy, and Republicanism.
Indian Federal System
India follows a quasi-federal system where power is divided between the Centre and States through three lists—Union, State, and Concurrent. However, it exhibits a unitary bias, meaning that during emergencies or conflicts, the Centre holds overriding power. This balance of federal features with a strong Centre is designed to maintain national unity.
Fundamental Duties (Short Note)
Inserted by the 42nd Amendment in 1976 (Article 51A), these duties represent the moral obligations of all Indian citizens. There are 11 duties, including respecting the Constitution and national symbols, promoting harmony, protecting the environment, and upholding scientific temper. Though not enforceable by law, they are crucial for fostering civic responsibility.
Separation of Powers
This principle divides governmental powers among three distinct organs: the Legislature (which makes laws), the Executive (which implements laws), and the Judiciary (which interprets laws). It establishes a system of checks and balances to prevent any single branch from becoming too powerful, thereby safeguarding democracy and individual rights.
Election Commission (Short Note)
The Election Commission of India (ECI) is an independent constitutional body established under Article 324. Its mandate is to conduct free, fair, and impartial elections for the President, Vice President, Lok Sabha, Rajya Sabha, and State Legislatures. Headed by the Chief Election Commissioner (CEC), it possesses wide-ranging powers related to electoral rolls, the code of conduct, and election supervision.
Election Reforms (Short Note)
These are measures undertaken to enhance the transparency, accountability, and fairness of the electoral process. Reforms include the introduction of EVMs and VVPATs, voter ID cards, online voter registration, capping election expenses, decriminalization of politics, and strict monitoring of the Model Code of Conduct during elections.
Vice President
The Vice President of India holds the second-highest constitutional post and is indirectly elected by an electoral college comprising members of both Houses of Parliament. The Vice President serves as the ex-officio Chairman of the Rajya Sabha. In the event of the President’s absence (due to resignation, death, or removal), the Vice President temporarily discharges the President’s duties.