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Constitutional Law of India
The Constitution of India lays down the
framework on which Indian polity is run. The Constitution declares
India to be a sovereign socialist democratic republic, assuring
its citizens of justice, equality, and liberty. It was passed by
the Constituent Assembly of India on November 26, 1949, and came
into effect on January 26, 1950. India celebrates January 26 each
year as Republic Day. It is the longest written constitution of
any independent nation in the world, containing 395 articles and
12 schedules, as well as numerous amendments, for a total of
117,369 words in the English language version. Besides the English
version, there is an official Hindi translation.
The Constitution lays
down the basic structure of government under which the people
chose themselves to be governed. It establishes the main organs of
government - the executive , the legislature and the judiciary.
The Constitution not only defines the powers of each organ, but
also demarcates their responsibilities. It regulates the
relationship between the different organs and between the
government and the people.
The Constitution is superior to all other laws of the country.
Every law enacted by the government has to be in conformity with
the Constitution. The Constitution lays down the national goals of
India - Democracy, Socialism and National Integration. It also
spells out the Fundamental Rights, Directive Principles and Duties
of citizens.
Features
The Constitution of India draws extensively from Western legal
traditions in its enunciation of the principles of liberal
democracy. It is distinguished from many Western constitutions,
however, in its elaboration of principles reflecting aspirations
to end the inequities of traditional social relations and enhance
the social welfare of the population. According to constitutional
scholar Granville Austin, probably no other nation's constitution
"has provided so much impetus toward changing and rebuilding
society for the common good." Since its enactment, the
constitution has fostered a steady concentration of power in the
hands of the central government - especially the Office of the
Prime Minister. This centralization has occurred in the face of
the increasing assertiveness of an array of ethnic and caste
groups across Indian society. Increasingly, the government has
responded to the resulting tensions by resorting to the formidable
array of authoritarian powers provided by the Constitution.
However, a new assertiveness shown by the Supreme Court and the
Election Commission suggests that the remaining checks and
balances among the country's political institutions are resilient
and capable of supporting Indian democracy. Furthermore regional
parties are gaining popularity at the expense of national parties
which has led to coalition governments at the centre. As a
consequence, power is becoming more decentralised.
The Constitution in its final form owes much to a number of
different principles from various other Constitutions. The general
structure of the Constitution's democratic framework was largely
the work of B. N. Rau, a constitutional scholar of international
standing. Supporters of independent India's founding father,
Mohandas K. Gandhi, backed measures that would form a
decentralized polity with strong local government — known as
panchayat — in a system known as Panchayati Raj, i.e. rule by
Panchayats. However, the view of more modernist leaders such as
Jawaharlal Nehru, ultimately prevailed leading to the
establishment of a parliamentary system of government and a
federal system with a strong central government
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