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The Constitution of India is the supreme legal and living document.

Which consists of
fundamental principles, procedures, practices, rights, responsibilities, powers, and duties of
the state. It was drafted by the 389 members being a part of the Constituent Assembly, and
Dr. BR Ambedkar being the head of the constitution drafting committee.

It took roughly about 2 years and 11 months and 17 days, to complete the duty of drafting
the constitution of India, which was finally completed on 26th November 1949, celebrated
as the Constitution Day. On 26 January 1950, constitution was adopted, replacing the
Government of India act 1935, which is celebrated as the Republic Day of India.

Salient Features are as follows:


1. Modern constitution: The constitution makers, made it the world's richest document
which consisted of human knowledge, intellect, inheritance and civilizations that is best
suited to the social, economic, political, and cultural situations of the country.
Nevertheless, it will be wrong to say that the Indian constitution is a carbon copy of
constitutions of countries in the world, since it has taken several significant principles,
procedures and provisions of the other countries but at the end it came out with its own
ability to choose, new directions, methods, principles, and constantly aiming at new
constitutional innovations.
2. Written constitution: When the Indian constitution was adopted in 1949 originally, it
consisted of 395 Articles, divided into 22 parts and 9 schedules. Today after 103
amendments, it consists of 495 Articles, categorized into 22 parts and 12 schedules,
which is longest written constitution in the world and is designated as an 'elephant size'
living constitution.
3. Secular state: In 1976, the term Secular was made a part of the constitution, by
introducing the 42nd amendment. The union does not give any superior status to any
particular religion, in the country. Aiming at all the religions should enjoy equivalent
status, acceptance and respect, there is a definite right to freedom of religion, with no
discrimination of any kind, ensuring the prohibition of formation of a theocratic state.
Every person in the country has an equivalent right and freedom to practice, profess,
propagate any religion of their choice with equal protection, respect and support from
the state.
4. Welfare state: It is a system of government in which the state has a responsibility to
defend and promote the economic and social wealth of its citizens, based upon such
principles of equal opportunities, distribution of wealth, and owing responsibilities
towards the citizens who are unable to avail these services for leading a decent life. This
concept of welfare state is further supported by the Directive principles of the State
policy, which provides the economic, political, social, cultural goals for the state, putting
compulsion on the state, to accomplish its maximum social well-being for every citizen.
5. Responsible government: The Preamble provides us with a democratic and
Parliamentary form of governance, wherein the central and state tiers of government
look after all the duties, regulated by the system of checks and balances. The President
being the nominal head of the country, is nominated by both houses of the Parliament,
with elected members of State Assembly. In such a form of government, the Prime
Minister being the head of council of Ministers is accountable to look after the actions of
his government.
6. Fundamental rights: The fundamental Rights are assured by the constitution, under Part
III of the constitution laid down from Articles 12 to 35. These include Right to Equality,
The Right to freedom, Freedom of religion, Rights against Exploitation, Educational and
Cultural right and right to constitutional Remedies. These are essential rights, as a result
of which no law, rule, order, or any amendments can interfere or take away these rights,
otherwise they will be declared as unconstitutional. Where the people can also approach
the court of laws if their rights are violated for its enforcement.
7. Supreme Judiciary: The constitution has kept Judiciary independent from the legislature
and executive. Judges are free of any kind of intrusion, by other organs of the
government, so that the judges can give their decisions independently without fear,
favor. The concept of separation of power maintains this independence, it also has the
power of judicial review, which provides the power to the courts to state any law, rule or
order passed by the legislature and any performance of executive as void, if found
contradictory to any provision of the constitution. The judiciary has many other tasks
like, supervising governmental processes, acting as a wheel of balance for federalism,
therefore, highlighting the supremacy of the Judiciary.
8. Federal constitution: Since, India has a federal type of constitution, establishing dual
polity, having two-tiers government. All the powers, functions, and duties of the
government are divided amongst central and state level, without interfering in others
functioning. The schedule 7, and Article 246 of the constitution talks about three lists,
The Union, State and Concurrent list, which specifying the various matters on which the
laws are to be made. India's federalism is a unique blend of simplicity and complexity,
having the concept of single citizenship, and becoming a part of the basic structure as
well.
9. Preamble: As an essential part of constitution, which does not give any special power to
the constitution but it gives a route and a motive for the constitution to exist. Outlines
the purposes of the constitution it asserts India to be a Sovereign, Socialist, Secular,
Democratic, and Republic in nature. Apart from this, it also highlights other important
provisions for its citizens like:
10. Justice (Social, Economic and Political); Liberty of thought, expression, belief, faith and
worship; Equality and Fraternity (Unity and Integrity of Nation).
11. Socialist state: The term 'Socialism' was included in the Preamble with the 1976
amendment, which is now observed as one of the key features of the State. It imitates
how the opinions of India, for ending all forms of exploitation, discriminations and
inequalities, hence is dedicated towards bringing social and economic well-being for the
citizens. India has always highlighted the concept of mixed economy, wherein both the
public and private sectors have their independent roles to play. The court is also well
known about the importance of democratic socialism, aiming to, eliminate inequalities
of all kinds and safeguarding a decent standard of life for all citizens

The Preamble of the Constitution is a brief introductory statement that sets out the
guiding purpose and principles of the document. It states the source from which the
Constitution derives its authority, explains the basic structure of government and lists the
six goals that were set out for India’s future when it gained independence from British rule
in 1947.
The Preamble is an important part of the Constitution, as it sets out the guiding principles
that were intended to shape India’s future. It also serves as a reminder of the goals that
were set out for the country when it gained independence. The Preamble can be amended
by a constitutional amendment, but this has only happened once since the Constitution
was first enacted.

The text of the Preamble is as follows:

“We, the people of India, having solemnly resolved to constitute India into a sovereign,
socialist, secular, democratic republic and to secure all its citizens:
Justice, social, economic and political;

Liberty of thought, expression, belief, faith and worship;

Equality of status and opportunity; and to promote among them all

Fraternity, assuring the dignity of the individual and the unity and integrity of the Nation;

In our Constituent Assembly this twenty-sixth day of November 1949, do hereby adopt,
enact and give to ourselves this Constitution.”

The preamble of the Indian Constitution is an important document that sets out the
guiding principles of India’s democracy. It lays out the goals of the Constitution, such as
justice, liberty and equality. In this blog post, we will discuss the key features of the
preamble and what they mean for Indian democracy.

The preamble of the Constitution:

The Preamble of the Constitution is a brief introductory statement that sets out the
guiding purpose and principles of the document. It states the source from which the
Constitution derives its authority, explains the basic structure of government and lists the
six goals that were set out for India’s future when it gained independence from British rule
in 1947.

The Preamble is an important part of the Constitution, as it sets out the guiding principles
that were intended to shape India’s future. It also serves as a reminder of the goals that
were set out for the country when it gained independence. The Preamble can be amended
by a constitutional amendment, but this has only happened once since the Constitution
was first enacted.

The text of the Preamble is as follows:

“We, the people of India, having solemnly resolved to constitute India into a sovereign,
socialist, secular, democratic republic and to secure all its citizens:

Justice, social, economic and political;


Liberty of thought, expression, belief, faith and worship;

Equality of status and opportunity; and to promote among them all

Fraternity, assuring the dignity of the individual and the unity and integrity of the Nation;

In our Constituent Assembly this twenty-sixth day of November 1949, do hereby adopt,
enact and give to ourselves this Constitution.”

Parts of the Preamble:

The Preamble can be divided into two parts:

The first part of the Preamble states that the Constitution is derived from the “will of the
people of India”. This means that the Constitution is not based on the authority of any
person or group, but rather it is a document that has been created by the people of India.

The second part of the Preamble lists six goals that were set out for India’s future when it
gained independence from British rule. These goals are:
 Justice: This goal refers to the need for all people to be treated fairly and equally under
the law.
 Liberty: This goal refers to the right of all people to live their lives in a way that they see
fit, as long as they do not infringe on the rights of others.
 Equality: This goal refers to the need for all people to be given an equal opportunity to
succeed in life, regardless of their social or economic status.
 Fraternity: This goal refers to the need for all people to live in harmony and with respect
for each other’s cultures and traditions.
 Dignity: This goal refers to the need for all people to be treated with respect and dignity.
 Unity: This goal refers to the need for all people to work together for the common good
of the nation.

Fundamental Rights
Fundamental rights are given in Part III of the Indian Constitution from Articles 12 to 35.
They are an essential feature of the Indian Constitution. These rights are necessary for the
peaceful and dignified existence of the country’s citizens. The Indian Constitution that deals
with the people’s fundamental rights are often described as the Magna Carta of the Indian
Constitution.
Fundamental rights are called fundamental because the Constitution guarantees them as its
fundamental laws. The state cannot take away these rights from any individual. That said,
there can be certain limitations to these rights. The Constitution of the United States inspires
the Fundamental Rights in the Indian Constitution.

The Fundamental Rights given by the Indian Constitution can be classified as:
 Right to Equality The Fundamental Rights from Articles 14 to 18 deal with the right to
equality. These rights ensure that everyone is treated equally without discrimination and
equal employment opportunities.

 Right to Freedom The rights from Articles 19 to 22 touch upon the concept of the right
to freedom. Provisions in these articles deal with different kinds of personal freedom,
choices, and dignity.

 Article 19 gives the freedom of six rights that include the right to free speech and
expression, freedom of assembly, freedom of forming an association, freedom of
movement, freedom of residence, and freedom of choosing any profession.

 Right Against Exploitation Articles 23 and 24 are provided from the concept of rights
against the exploitation of individuals. These rights give the provisions to safeguard the
people from the evils of human trafficking and child labour.

 Right to Freedom of Religion The rights mentioned in Articles 25 to 28 give the people
the freedom to practice, profess, and propagate their religious beliefs. The Indian
Constitution was made with an idea of a secular state. However, unlike Western
democracies, the Indian Constitution doesn’t isolate religion. Rather, it provides for the
equal treatment of all religions.

 Rights for the Minorities Articles 29 and 30 deal with minority rights. These rights
provide for the protection of the language and culture of minorities and give them the
freedom to manage educational institutions.

 Right Relating to the Constitutional Remedies Often considered an essential right given
to the people, Article 32 of the Constitution provides the right to move the Supreme
Court to enforce any fundamental rights.

Note: Article 31 of the Indian Constitution, which dealt with the Right to Property, was
deleted as one of the Fundamental Rights by the 44th Constitutional Amendment Act of
1976. Following the amendment, the Right to Property was made legal and incorporated in
Article 300-A.

The Directive Principles of State Policy (DPSPs)


The Directive Principles of State Policy or simply DPSPs are incorporated in Part IV of the
Indian Constitution. The DPSPs are given from Article 36 to Article 51 in the Constitution.
The Directive Principles refer to the ideals and principles that the state must consider while
forming a policy or enacting a law in the legislative process.
The Irish Constitution inspired the concept of DPSPs; however, the Irish Constitution was
inspired by the Spanish Constitution. The articles dealing with the directive principles deal
with various economic, social, and political principles.

Some essential features of DPSPs are as follows:


 The Directive Principles work as instructions for the state in making policies and enacting
laws; in this sense, they are essential to the legislative system.
 The DPSPs are non-justiciable and can’t be challenged in courts for their violation.
 The state cannot be compelled to enforce the DPSP.
 The courts can use DPSPs to determine the constitutional validity of a law of parliament.
The Fundamental Duties
The fundamental duties were not part of the original Constitution; it was only in 1976 when
the Parliament of India found it necessary to add fundamental duties into the Constitution of
India.
By the amendment of the Constitution in 1976, a new part was added in the Constitution as
Part IV A. This part consists of only one article: Article 51 A. The idea of fundamental duties
comes from the former USSR’s Constitution.

Here are some key features of the Fundamental Duties:


 There are different kinds of duties, such as moral and civic duties.
 The Fundamental Duties are confined to the citizens of India only, unlike fundamental
rights and DPSPs
 Fundamental Duties are non-justiciable.
 There is no legal provision or sanctions for the violation of fundamental duties.

11 Fundamental Duties under Article 51-A to be obeyed by every Indian citizen is given :

1. Abide by the Indian Constitution and respect its ideals and institutions, the National
Flag and the National Anthem,
2. Cherish and follow the noble ideals that inspired the national struggle for freedom,
3. Uphold and protect the sovereignty, unity and integrity of India,
4. Defend the country and render national service when called upon to do so,
5. Promote harmony and the spirit of common brotherhood amongst all the people of
India transcending religious, linguistic and regional or sectional diversities and to
renounce practices derogatory to the dignity of women,
6. Value and preserve the rich heritage of the country’s composite culture,
7. Protect and improve the natural environment including forests, lakes, rivers and wildlife
and to have compassion for living creatures,
8. Develop scientific temper, humanism and the spirit of inquiry and reform,
9. Safeguard public property and to abjure violence,
10. Strive towards excellence in all spheres of individual and collective activity so that the
nation constantly rises to higher levels of endeavour and achievement,
11. Provide opportunities for education to his child or ward between the age of six and
fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002.
Conclusion
The Fundamental Rights in the Indian Constitution are given from Articles 12 to 35. These
articles are fundamental because they are justiciable in a court of law, and the state cannot
take them away from the individuals. The DPSPs are instructions or directives given to the
state to navigate it to form suitable and proper policies and laws for the betterment of the
country’s people. The Fundamental Duties serve as a reminder of people’s responsibility
towards the nation.

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