A CRITICAL ANALYSIS OF CONSTITUTIONAL LAW
Author: Abhinav Pandey, II year of B.A.,LL.B.(Hons.) from University of Lucknow
This article discusses the meaning of the Constitution, its importance from different perspectives and the intricacies associated therewith. It also elaborates upon the fundamental content of the Constitution The Preamble, The Fundamental Rights, The Directive Principles of State Policy (DPSP), The Writs, and its structure and nature. The term “constitution” is a French term and refers to the set of fundamental rules and regulations that govern the functioning of a nation-state or any other organization. A state’s constitution is the supreme law of the land and thus requires higher standards of legitimacy and integrity. It outlines a state’s fundamental principles, administrative structures, procedures, and fundamental rights of individuals while defining the directions for a state’s development.
Constitution of India is Fundamental law of the India and also basic document of India which is written document. It is the supreme deed of Independent India and Living Document of Nation. Young minds should know about this basic document of India i.e. The Constitution of India and its principles, ideas and goal that affects their mind in day to day life. The Constitution which is defined as 'a set of devices to subject the freedom of the holders of political power to limitation and restraints.' The Constitution of India is helping to creating a constitutionalism environments in the society, it is also political maturity and it is also helpful to remembering us the ideal goal for freedom fights. In the world largest democracy country India is also known as their great constitution. Which is the words' longest and greatest constitution, it is reflects, Sovereign, Socialist, Secular, Democratic, Republic, Justice, Liberty, Equality, Faternity.
“Constitutional law” is concerned with the interpretation and implementation of the Constitution and its underlying principles. It forms the basis for individuals’ access to particular fundamental rights, inter alia the Right to Llife, the Right to Privacy, the Freedom to Move, and the Right to Vote. It lays down procedural conditions that must be met before a governmental entity can intervene with an individual’s rights, Liberties, or Property. Constitutional law also deals with subjects such as Fundamental Duties, Judicial Reviews and the power to make laws, among other things. The Supreme Court of India has played a prominent role in interpreting the Constitution and the terms used therein and has, thus, contributed immensely towards constitutional law research. This contribution firstly defines the term ‘Constitution’, its Scope, Nature, and Functions in a State. Further, the contribution analyses the principles of the constitution of India, including the preamble, fundamental rights and duties. The contribution also analyses the Directive Principle of State Policy(DPSP) from the perspective of socialistic, Gandhian, and other principles, and concludes with an analysis of the structure and nature of the constitution of India.
What is a Constitution
Albert Venn Dicey, a constitutional theorist and a British Whig jurist, interpreted the term “Constitution” as consisting “of all rules which directly or indirectly affect the distribution or the exercise of sovereign power in the state, including all rules which define the members of the sovereign power, all rules which regulate the relations of such members to each other, or which determine the mode in which the sovereign power, or the members thereof, exercise their authority.” Thomas M.Cooley interpreted the expression “constitution” as “the body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised.”
Modern constitutions incorporate their fundamental principles, ideologies, and governmental structure to clearly define their idea of democracy. It also confers fundamental rights upon its citizens and the general public within its territorial jurisdiction. A constitution is, thus, the most superior legislation that cannot be altered arbitrarily by conventional legislative reform. The substance and character of a constitution, as well as the manner in which it connects with the legal and political order, differ significantly between countries, and therefore, there is no standard and firm interpretation of a constitution.
Scope of Constitutional Law
The function and authority of the institutions within the state as well as the interactions between citizens and the state come under the scope of constitutional law. The law of the constitution must thus be understood within the sociopolitical atmosphere in which it functions, since a constitution is a sentient, evolving organism that, at any given time, will symbolize the political and ethical ideals of the individuals it regulates.
Nature of Constitutional Law
Constitutional laws can be both written and unwritten. Written constitutions, such as the Indian Constitution, act as the supreme law of the land. They are superior to all laws in force in a country at any point of time, so much so that a law which is in derogation of the constitution would be repealed. In the case of unwritten and flexible constitutions, the hierarchy between the constitution and ordinary laws ceases to exist. The most appropriate instance of the same is the Constitution of the United Kingdom. The Parliament of a country has the power to make amendments to the constitution through ordinary laws, empowering ordinary laws with the same status as that of the Constitution.
Functions of the Constitution
1. Constitutions can declare and define the rights and duties of citizens. Most constitutionsinclude a declaration of fundamental rights applicable to citizens. At a minimum, these will include the basic civil liberties that are necessary for an open and democratic society (e.g. the freedoms of thought, speech, association and assembly; due process of law and freedom from arbitrary arrest or unlawful punishment). Many constitutions go beyond this minimum to include social, economic and cultural rights or the specific collective rights of minority communities. And some rights may apply to both citizens and noncitizens, such as the right to be free from torture or physical abuse.It can proclaim and characterize the political community’s character and competence.
2. The French Constitution stipulates that “France is an indivisible, secular, democratic, and social Republic,” and that “National sovereignty belongs to the people, who exercise it all through their representatives and through referendums.”
3. The Indian Constitution stipulates in its Preamble, “We the people of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic.”
4. The Ghana Constitution stipulates that the “sovereignty of Ghana lies with the people of Ghana, in whose name and for whose welfare the powers of government are to be exercised.”
5. It demonstrates the national community’s identity and values. Constitutions, as nation-building mechanisms, may identify the national flag, national anthem, and other symbolism, as well as make assertions about the nation’s principles, history, and identity.
6. It defines and declares citizens’ rights and responsibilities, mostly as a part of the fundamental rights. These essentially include the fundamental civil liberties necessary for a free and democratic society. For instance, equal protection of the law, freedom of thought, speech, association, and assembly; freedom of religion, due process of law and freedom from arbitrary arrest. Certain constitutions go far beyond the basic essentials to incorporate social, economic, and cultural rights, as well as minority community-specific collective rights. Some rights, such as the right to be free from torture and physical abuse, may apply to both citizens and non-citizens.
7. Constitutions can establish and regulate the political institutions of the community defining the various institutions of government; prescribing their composition, powers and functions; and regulating the relations between them. It is almost universal for constitutions to establish legislative, executive and judicial branches of government. In addition, there may be a symbolic head of state, institutions to ensure the integrity of the political process (such as an electoral commission), and institutions to ensure the accountability and transparency of those in power (such as auditors, a court of accounts, a human rights commission or an ombudsman). The institutional provisions typically provide mechanisms for the democratic allocation and peaceful transfer of power (e.g. elections) and mechanisms for the restraint and removal of those who abuse power or who have lost the confidence of the people (e.g. impeachment procedures, motions of censureIt has authority in cases where sovereignty between different tiers of government or sub-state entities is divided or shared. The constitution provides for the allocation of power between provinces, regions, and other sub-state entities. Many constitutions establish federal, Quasi-Federal, or decentralized systems. These can be geographically demarcated or defined by the cultural or linguistic communities. Geographical demarcation can be seen in federal states like Argentina’s constitution, the Indian constitution, and the Canadian constitution. Cultural or linguistic communities defined can be found in Belgium’s constitution, which formulates autonomous linguistic communities in addition to geographical regions.
8. It can constrain states to specific social, economic, or development aspirations. This could, perhaps, take the structure of judicially binding socio-economic rights; politically enforceable directive principles; or other declarations of commitment or purpose.
9. A country’s decision-making structures are specified by the constitution, which recognises the supreme power of the text and distributes authority in a way that contributes to prosperous decision-making. The political elements outline how state institutions, i.e., parliament, executive, courts, head of state, local governments, independent organisations, and other institutions are incorporated, what authorities they have, and how they function.
10. Constitutions can commit states to particular social, economic or developmental goals.This may take the form of judicially enforceable socio-economic rights, directive principles that are politically binding on the government, or other expressions of commitment or intent.
After India gained independence from British colonial rule, the Constitution’s framers, i.e., the Constituent Assembly, aimed to create a sustainable model of governance that would effectively benefit the country while maintaining a people-centric approach. The foresight and creative leadership of the Constitution’s founding fathers have bequeathed upon the country an unparalleled constitution that has stood as a model for the country for the past seven decades. The country owes its democratic system’s achievement to the Indian Constitution’s architecture and the institutional mechanisms imbibed therein.
On November 26th, 1949, the Constituent Assembly of India adopted the Constitution. However, it came into effect on January 26th, 1950. The Chairman of the Drafting Committee, Dr. B.R. Ambedkar, is largely regarded as the Indian Constitution’s architect owing to his immense contributions to the same. The Indian Constitution is a proclamation of the will to create India as a sovereign, socialist, secular, and democratic republic. It is, in essence, a promise to the citizens to provide them with socio-economic and political justice, individual liberty, equality, freedom of thought, expression, belief, religion, and worship; equal justice and opportunity; and to enhance fraternity among all, ensuring the dignity of the individual and the unity of the nation. Dr. B. R. Ambedkar expressed the underlying expectations that underpin the numerous pledges in clear terms:
“Our object in framing the constitution is two-fold: to lay down the form of political democracy and to lay down that our ideal is economic democracy; and also to prescribe that every government, whatever is in power, shall strive to bring about economic democracy….”
The Indian Constitution establishes a framework for political, economic, and social democracy. It emphasises the Indian people’s commitment to declaring, ensuring, and accomplishing numerous national objectives in a free and democratic manner. It is more than a legal document. It is a mechanism that leads the nation toward realising the people’s goals and expectations by adjusting and adapting to changing demands and circumstances. The constitution’s essence is to make India, or Bharat, a Union of States, and to provide the people with equality before the law and equal protection under the law. The Constitution is also attentive to the interests and aspirations of those in a disadvantageous position in society and frames policies aimed at the upliftment of the underprivileged sections.
In both Content and Spirit, the Indian constitution is peculiar. The following are the key elements of the Indian Constitution
It is the lengthiest written constitution in the world.
It stipulates a blend of rigidity and flexibility.
It formulates the structure of a cooperative federal system with the features of a unitary system.
It stipulates a parliamentary form of government.
It establishes the judiciary as an independent institution.
It confers single citizenship on its people.
It also stipulates emergency provisions National Emergency, Financial Emergency, and State Emergency.
The Preamble is the major and most effective introductory part of the specific document, which is necessary given into every kind of useful book. Essentially, it is an introductory statement that generally provides you with all kinds of information about the subject. The user manual essentially comprises the subject purpose, philosophy, uses, ideas and aspirations, major principles and also describes the main objectives. All kinds of information are demonstrated in the Preamble. It is the first thing mentioned on the front page of the document. So, that’s the main and vital purpose of the Preamble. The preamble definition is also defined in that it shows the main purposes. Apart from this, the Preamble meaning is that it’s a simple introductory part of our Indian constitution. Meanwhile, PanditJawaharLal Nehru presented the draft before the Constituent Assembly. This draft should show how our constitution is. What are the rights and the powers offered to the Indians? Also, what liberties are offered to the people, etc., are usually mentioned in the draft. All the expressions and ideas are demonstrated in the draft, which is presented by the PanditJawaharLal Nehru. The draft presented by the PanditJawaharLal Nehru is also known as the objective Resolution. It was presented on 13 Dec 1946. This presented draft was adopted on 22nd Jan 1947 as a preamble. After making the Preamble, it is modified once as per the 42nd amendment act. Through this, the Socialist, integrity, and secular words are composed under the Preamble.
Functions of the Preamble
1. It reveals the Constitution’s source.
2. It specifies the date on which the constitution takes effect.
3. It outlines the rights and liberties that the Indian people desired for themselves.
4. It establishes the government’s nature.
5. Preamble begins with a short statement of its basic values and it contains the philosophy on which our Constitution is built. It is just like an introduction or preface of a book. Preamble actually embodies the spirit of the Constitution.
6. It is a key to the minds of the draftsmen.
7. It is also the soul of the Constitution.
Re Berubari Union Case
In the Re Berubari Union Case (1960), the nine-judge bench of the Supreme Court of India deliberated on this issue. The Hon’ble Justice GajendraGadkar delivered the judgment, and the Court observed that the preamble is not a part of the constitution. However, it is a key to the mind of the framers of the constitution and reveals their intentions.
KesavanandaBharti v. State of Kerala
It is one of the supremely memorable cases of the Indian Judicial system. It was filed in 1970. KeshvanandaBharati was the chief of Edneer Mutt. It is a religious group in Kasaragod, Kerala. Bharati possessed several pieces of land in his name. It was then that the state government of Kerala had introduced the Land Reforms Amendment Act, 1969. When the petition was still in court, many amendments were already done by the Government following the case of Golaknath v. State of Punjab.
Minerva Mills v. Union of India
After the KesavanandaBharati case, the five-judge constitution bench was constituted in the case of Minerva Mills v. Union of India (1980) to determine whether the Preamble could be amended or not. The Hon’ble Justice Y.V. Chandrachud wrote the majority judgment and observed that any positive amendment in the Preamble can certainly be made. The Preamble crystallizes the notions that serve as the foundation of the Constitution. The Court held that the 42nd Amendment breathes a new breath into constitutional philosophy. By amending the Preamble to include the terms “socialist” and “secular.” It merely expressed what the Constitution already provided. The Preamble can, thus, be amended using the procedure outlined in Article 368 of the Constitution.
S.R.Bommai v. Union of India
S.R. Bommai was the Chief Minister of the Janata Dal Government. He was in service in Karnataka between August 13, 1988, and April 21, 1989. On April 21, 1989, the state government’s rule was dismissed citing Article 356 of the Constitution which is the State Emergency or widely known as the President’s Rule. This tactic was most commonly used to keep Opposition parties under control. Bommai moved to Karnataka High court against the Governor’s decision that recommended Article 356 in the state.
Part-III of the Constitution of India confers fundamental rights and freedoms to the citizens and also non-citizens of India. The objective of Fundamental Rights is that some basic rights, such as the right to life, liberty, freedom of speech, freedom of faith, and so on, should be regarded as inviolable under all circumstances and that the shifting majority in the legislatures of the country should not have a free hand in interfering with fundamental rights. The Fundamental Rights enshrined in Articles 14 to 32 are classified into six parts:
Right of equality (Article 14–16)
Abolition of untouchability (Article 17)
Abolition of titles (Article 18)
Right to freedom (Article 19)
Right to livelihood and life with dignity, and Right against Arbitrary Arrest, exploitation, and child labour (Article 21–24)
Right to freedom of religion (Article 25–28)
Cultural and educational rights (Article 29–30)
Right to constitutional remedies (Article 32)
Fundamental Right to Equality
The Right to Equality is paramount in India. It enables all citizens to enjoy equal privileges and opportunities. The objective of this right is to establish a rule of law in which all citizens are treated equally before the law. It has five provisions (Articles 14 – 18) that provide equality before the law or legal protection to all Indian citizens, as well as outlaw discrimination based on Religion, Race, Caste, Sex, or Place of Birth.
Equality Before Law (Article 14)
Article 14 of the Constitution of India reads as under: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
No discrimination based on religion, race, caste, sex, or place of birth (Article 15)
Article 15 of the Constitution prohibits discrimination against citizens based on religion, race, caste, sex, or place of birth. This is essential to promote social equality. Every Indian citizen gets equal access to retailers, restaurants, public entertainment venues, and the usage of wells, tanks, and roadways. The state, on the other hand, has the jurisdiction to make special provisions or exemptions for women and children.
Equal opportunity in public employment (Article 16)
All citizens are entitled to equal opportunity in aspects of employment or appointment to public services under Article 16 of the Constitution. In respect of employment in the public sector, there shall be no discrimination on the grounds of religion, race, caste, sex, place of birth, or residency. Employment will be based on merit. However, the exercise of these rights is subject to some restrictions. Special provisions can be made for the reservation of posts for citizens belonging to Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBCs).
Abolition of Untouchability (Article 17)
Article 17 has rendered demonstrating untouchability in any form a punishable offence. This provision seeks to improve the social status of Indians who have previously been looked down upon and pushed at a distance owing to their caste or profession. However, it is unfortunate that, despite constitutional restrictions, this social evil persists today.
Abolition of Titles (Article 18)
Article 18 of India's constitution abolishes titles. The hereditary titles of nobility conferred by colonial States, such as Maharaja, Raj Bahadur, RaiBahadur, RaiSaheb, DewanBahadur, and so on, are prohibited by Article 18 because they violate the principle of equal status for all. Abolition of Titles is an important topic in Part III (Fundamental Rights) of the Constitution of India. Here we will discuss more Article 18 and its provisions.
Article 18 of India's constitution abolishes titles and makes the following four provisions:
It forbids the government from bestowing any title on any citizen or foreigner except military or academic distinction.
It makes it illegal for an Indian citizen to accept any title from a foreign state.
Without the president's permission, no citizen or foreigner holding a profit or trust office in India may accept any present, emolument, or office from or under any foreign State.
Fundamental Right to Freedom
A true democracy’s fundamental key feature is freedom. The “Right to Freedom” is a collection of six freedoms that our constitution guarantees to Indian citizens. Article 19 of the Constitution provides for the following six freedoms:
Freedom of speech and expression
Freedom to assemble peacefully and without arms
Freedom to form associations, unions and cooperative societies
Freedom to move freely throughout the territory of India
Freedom to reside and settle in any part of India
Freedom to practise any profession or to carry on any occupation, trade or business
The purpose of guaranteeing these freedoms is to establish and preserve an environment conducive to democratic functioning. The State, however, is entitled by the Constitution to place certain reasonable constraints on each of them.The fundamental right to livelihood, against arbitrary arrest, exploitation, and child labour
Right to life (Article 21)
Article 21 of the Indian Constitution provides that no one’s life or personal liberty can be taken away from them except as per the procedure established by law. It assures that no one’s life or personal liberty can be forcibly taken without a judicial order. It ensures that no one can be punished or imprisoned solely on the basis of an authority’s whims. They may only be penalised for breaking the law.
Protection against arrest and detention in certain cases. (Article 22)
Under Article 22 of the Constitution, an arrested person has various rights. According to the constitution, no one can be arrested or held in custody without first being informed of the justification for their detention. They have the right to consult with and be represented by an attorney of their choice. Within twenty-four hours of being arrested, the accused must be brought before the nearest magistrate.
Prohibition of traffic in human beings and forced labour (Article 23)
Under Article 23 of the Constitution, human trafficking and other types of forced labour are prohibited. Both citizens and non-citizens have access to this right. It protects the individual not only against the state but also from private individuals. The state, on the other hand, may impose mandatory service for public purposes such as military service or social service.
Prohibition of employment of children in factories, etc. (Article 24)
Article 24 of the Constitution makes it illegal to employ minors under the age of 14 in any factory, mine, or other hazardous occupation. However, it does not prevent them from working in any non-harmful capacity.
Fundamental Right to practise and propagate religion (Article 25)
India is a multi-religious state. Hindus, Muslims, Sikhs, Christians, and other religious communities also reside in our country. Every person’s freedom of conscience and the right to practice and propagate any religion are guaranteed under Article 25 of the Constitution. It also gives every religious institution the freedom to govern its own religious affairs. Each religious community is also free to acquire and administer its movable and immovable property for the promotion of its religion. Our Constitution states that no religious education can be offered in any educational institution that is completely supported by the state.
Fundamental Right to establish educational and Cultural education
India is an enormous country with a multicultural environment, method of writing, and linguistics. People are passionate about their native languages and culture. Our constitution under Article 29 and Article 30 provides the requisite protection to ensure that their culture and language are preserved and promoted. Minorities are permitted under the constitution to establish and manage their educational institutions. It further stipulates that the state would not discriminate against any educational institution that receives financial help because it is administered by a minority group. These rights guarantee that the state will support minorities in the conservation of their language and culture. The state’s ideal is to maintain and perpetuate the country’s multicultural heritage.
Fundamental Right to constitutional Remedies 9 Article 32
Fundamental rights empower the citizens of the country and individuals who are not Indian citizens with certain rights which are fundamental to the existence of a person in a democratic society. However, merely conferring a set of rights is insufficient; they need to be safeguarded against any infringement. The Right to Constitutional Remedy ensures that any infringement or encroachment upon fundamental rights is prevented and defended. The Right to Constitutional Remedies, according to Dr Ambedkar, is the Constitution’s “heart and soul.” It allows citizens to approach the High Court or the Supreme Court for the restoration of any fundamental right that has been violated. Thereafter, the designated court might issue an order or instruction to the government on how to enforce these rights.
Under the right to constitutional remedies, five types of writs can be granted under Articles 32 and 226 of the Indian Constitution. The High Court may exercise its jurisdiction under Article 226 of the constitution, while the Supreme Court may exercise jurisdiction under Article 32 of the constitution. The writs are classified into as Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo Warranto.
The term “habeas corpus” means “to have the body of.” The court has the authority to summon any person who is being detained for such detention’s legality. The Writ of Habeas Corpus is issued by the Courts in those cases where a person is illegally detained. Habeas Corpus means ‘to have the body’ and it is one of the most effective remedies available to a person detained. By this Writ, the Court commands the person or authority who has detained or restrained another person to present such person before the Court. The Court requires the detaining person to provide the grounds on which the person has been detained and if he fails to provide a valid ground, the person who has been detained will be released by the Court immediately.
The literal meaning of this writ is ‘We command.’ This writ is used by the court to order the public official who has failed to perform his duty or refused to do his duty, to resume his work. Besides public officials, Mandamus can be issued against any public body, a corporation, an inferior court, a tribunal, or government for the same purpose.
The literal meaning of the writ of ‘Certiorari’ is ‘To be certified’ or ‘To be informed.’ This writ is issued by a court higher in authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case. It is issued on the grounds of an excess of jurisdiction or lack of jurisdiction or error of law. It not only prevents but also cures for the mistakes in the judiciary.
The literal meaning of ‘Prohibition’ is ‘To forbid.’ A court that is higher in position issues a Prohibition writ against a court that is lower in position to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. It directs inactivity.
The literal meaning of the writ of ‘Quo-Warranto’ is ‘By what authority or warrant.’ Supreme Court or High Court issue this writ to prevent illegal usurpation of a public office by a person. Through this writ, the court enquires into the legality of a claim of a person to a public office
Directive Principle of State Policy (DPSP)
Directive principles express constitutional directives which influence the political organs of the State to secure certain social, political, or economic goals of a “transformative” character. Part IV of the Constitution, ranging from Article 36 to 51 of the Indian Constitution, lays down the Directive Principles of State Policy (DPSPs), which outline the goals and objectives to be pursued by the states in the country. This aspect of the Constitution is drawn from the Irish Constitution. The Indian Constitution’s notion of a welfare state can only be realized if states endeavour to putDirective Principles of State Policy (DPSPs) into practice with a strong sense of moral responsibility. The primary goal of implementing the Directive Principles of State Policy (DPSPs) is to establish a benchmark of achievement for the legislature and administration, as well as local and other authorities, against which their success or failure can be measured..
The DPSPs reflect social principles and direct the state to carry out the following endeavours:
The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
Protect the right of an adequate means of livelihood, ensure the equitable distribution of material resources of the community for the common good, prevent of concentration of wealth and means of production, equal pay for equal work for men and women, preserve the health and strength of workers and children against forcible abuse, provide opportunities for the healthy development of the child;
Promote equal justice and ensure free legal aid to the poor
Article 41 of the Indian Constitution directs the state to secure the right to work, education and public assistance in certain cases such as unemployment, old age, sickness and disablement. It is one of the Directive Principles of State Policy based on Socialist principles.
Article 42 in The Constitution Of India 1949. 42. Provision for just and humane conditions of work and maternity relief The State shall make provision for securing just and humane conditions of work and for maternity relief.
The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities.
Participation of workers in management of industries. The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.
The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.
These principles reflect the programme of ideology propagated by Gandhi throughout the national movement. The DPSP, reflecting Gandhian principles, directs the State to make the following endeavours:
Article 40 in The Constitution of India 1949. 40 Organisation of village panchayats The State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self government.
The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities.
Article 43B Constitution of India: Promotion of cooperative Societies. The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.
The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes (SC) and the Scheduled Tribes (ST), and shall protect them from social injustice and all forms of exploitation."
Prohibition of the consumption of intoxicating drinks and drugs
The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall in particular take steps for preserving and improving the breeds of cattle and prohibit the slaughter of cow and other useful cattle, specially milch and draught cattle and their young stock'
The DPSP reflecting Liberal-Intellectual principles direct the State to make the following endeavours:
Formation of a uniform civil code for all
Provision of early childhood care until 6 years of age
Organization of agriculture and animal husbandry on modern scientific lines
Protection and improvement of the environment and safeguard of forests and wildlife
Promotion of the monuments, places and objects of artistic or historic interest
Creation of the principle of the separate judiciary from the executive
Promotion of international peace and security.
Relationship Between Directive Principles Of State Policy and The Fundamental Rights
Part III of the constitution deals with fundamental rights while Part IV relates to Directives Principles of State Policy (DPSP). The Fundamental Rights are defined as the basic human rights of all citizens.Fundamental Rights are justiciable, but Directive Principles are not. For this reason, the latter is essential. The principles are crucially significant in the nation’s governance. The distinction is made because, while the State could promptly protect political and civil rights under “fundamental rights,” it could only assure economic and social justice through the period as the economy evolved and the transformation of society occurred. Though the latter subset of rights could not be deemed justiciable, the State was nonetheless obligated to do everything possible to take a holistic approach when enacting laws.
Separation of Powers
The Indian Constitution contemplates the separation of powers among the state’s organs while also ensuring a harmonious relationship between them. The Constitution’s overriding authority has been made applicable to all state organs. The Legislature, the Executive, and the Judiciary are all creations of the Constitution, and they all derive their existence from it. The Constitution establishes and limits their powers, limits their responsibilities, and governs their interactions with one another and the general public. Each organ has been clearly expressed in terms of purpose, intent, and activity areas in which there is very little space for ambiguity or uncertainty. If there is any uncertainty, it is determined on the anvil of the Constitution, which expressly states that all organs must live harmoniously.
Purpose of the Separation
The purpose of separation of powers is to prevent abuse of power by a single person or a group of individuals. It will guard the society against the arbitrary, irrational and tyrannical powers of the state, safeguard freedom for all and allocate each function to the suitable organs of the state for effective discharge of their respective duties.
Constitutional nature: Federal and Unitary
In S R Bommai case 1994, the Supreme Court laid down that the constitution is federal and characterized federalism as its ‘basic features’. In the Bommai case Supreme Court said that states have an independent constitutional existence. They are not satellites or agents of the Centre. Within the sphere allotted to them, the states are supreme.The Court further observed that the states in the United States were sovereign and had the right to preserve their independent status, making them resilient and eventually leading to the construction of an indestructible union. In India, the Parliament, on the other hand, relinquishes the right to create a new state within the legal framework, downsize an existing state, change the name of an existing state, and even limit executive and legislative power by modifying the constitution. In Kuldeep Nayyar vs Union of India, the Supreme Court held that federalism is a fundamental feature of the Constitution of India and is unique in its nature and is tailored to the specific needs of the country.
Federal Features of the Indian Constitution
The distribution of powers between the centre and states
This is one of the important features of the federal constitution. The Division of Power is done by the constitution itself. The constitution identifies the powers that are rested with the union and the states. Both the governments at the union and states are independent in their charge. Items of national importance like defence, foreign affairs, the currency of the country, etc. are union or central subjects, and subjects like health, land agriculture fall under the domain of the states
The Constitution is not only a written document but also the lengthiest Constitution of the world. Originally, it contained a Preamble, 395 Articles (divided into 22 Parts) and 8 Schedules. At present (2013), it consists of a Preamble, about 465 Articles (divided into 25 Parts) and 12 Schedules. It specifies the structure, organization, powers and functions of both the Central and state governments and prescribes the limits within which they must operate. Thus, it avoids the misunderstandings and disagreements between the two
The Rigidity of the Constitution
If the constitution is immensely rigid and hence it is easy to amend it. Also, since it is rigid it is easy to maintain its supremacy. Amendments to the constitution can be made by simple majority, special majority, or special majority along with a ramification of the Union
Supremacy of the Constitution
The constitution is said to be the main source of power to all the three wings of Indian democracy the legislative, the executive, and the Judiciary. Supremacy of the constitution is important for the coordinated and smooth functioning of the democracy
Another very important feature of a federation is an independent judiciary to interpret the Constitution and to maintain its sanctity. The Supreme Court of India has the original jurisdiction to settle disputes between the Union and the States. It can declare a law as unconstitutional, if it contravenes any provision of the Constitution.
Unitary Features of the Indian Constitution
The Indian federation is a dual polity with a single citizenship for the whole of India. There is no State citizenship. Every Indian has the same rights of citizenship, no matter in which State he resides.
In India, the Supreme Court and the High Court’s form a single integrated judicial system. They have jurisdiction over cases arising under the same laws, constitutional, civil and criminal. The civil and the criminal laws are codified and are applicable to the entire country. To ensure their uniformity, they are placed in the Concurrent List.
In case of an emergency as contained in the Part XVIII of the constitution, when an emergency is proclaimed, the centre becomes all-powerful, and the states go in total control of the centre.
Constitution of India is a complete blend of all the provisions, and thus the provisions and articles in itself make it the apex law of the state. The soul of the Constituent Assembly in implementing and interpreting any article of the constitution must always be considered. The framers of the constitution have tried to incorporate the significant provisions in the constitution so that there is no scope for ambiguity pertaining as to how governance would take place in a country and therefore it is the feature of Indian Constitution which in itself makes it a complete and a comprehensive document of the country.The Constitution of India is helping to creating a constitutionalism environments in the society, it is also political maturity and it is also helpful to remembering us the ideal goal for freedom fights. In the world largest democracy country India is also known as their great constitution. Which is the words' longest and greatest constitution, it is reflects, Sovereign, Socialist, Secular, Democratic, Republic, Justice, Liberty, Equality, Fraternity.
1.Introduction to The Constitution of India by D.D Basu
4.ReBerubari Union Case
5.KesavanandaBharti v. State of Kerala
6.Minerva Mills v. Union of India
7.S.R. Bommai v. Union of India
10.Oxford English dictionary