“Constitution is not a mere lawyers document; it is a vehicle of life and its spirit is always the spirit of the age”. – DR. B.R. Ambedkar
The Constitution of India forms the supreme law of the country, forming the basic principles of its legal and political framework. It had been adopted on November 26, 1949, and came into effect on January 26, 1950. It would outline the structure, functions, and powers of government institutions as well as the fundamental rights and duties of citizens. Constitutional law, by its name, refers to the legal principles that arise from the Constitution itself.
Historical Background of the Indian Constitution
The constitutional framework of India therefore hails from a more than half century-long colonial rule and the people’s desire to govern themselves. Constitutional law in India began to emerge during the colonial era, when the British Parliament enacted several acts, such as the Government of India Act, 1858, and the Indian Councils Act, 1909. These acts gradually introduced the concept of representative institutions to India.
One of the most important pieces of legislation of pre-Independence was the Government of India Act, 1935, giving the cornerstone of federalism and the last constitutional legislation of British India. It was in the wake of Independence in 1947 that an urgent need for a sovereign, independent constitution was felt. Therefore, Constituent Assembly of India was setup to draft the new Constitution under the Chairmanship of DR. B.R. Ambedkar, one of the major framers of the Constitution.
Features of the Indian Constitution
The Indian Constitution is one of the world’s longest written constitutions containing vast legal and political principles. Some of its main features are as follows:
(i) Federal Structure with Unitary Bias
India is a federal country in the sense that powers are divided both between the union and the state governments. However, it is a unitary system during emergencies where the Union government enjoys overriding powers. This federal structure is provided for under Part XI of the Constitution and operationalized by way of Schedules VII and XI, enumerating the re distribution of powers.
(ii) Parliamentary System of Government
India follows the Westminster model, according to which the executive is responsible to the parliament. The President of India is the head of state in a ceremonial capacity, but the actual executive power rests in the hands of the Prime Minister and the Council of Ministers.
(iii) Supremacy of the Constitution
It is the paramount law of the land, and any inconsistent law is declared void by the judiciary. This principle is reaffirmed under Article 13.
(iv) Separation of Powers
The Indian Constitution maintains a delicate balance in which the three organs of the governments, Legislative, Executive, and Judiciary, are balanced. Separation is not rigid, but each has defined functions and devices to check abuse or arbitrary use of power.
(v) Judicial Review
The judiciary has the power to examine or vacate any law or enactment that contradicts the Constitution. The judicial review principle is a core instrument of protection of the Constitution and is implicit in Articles 32 and 226.
(vi) Fundamental Rights
Part III guarantees fundamental rights to every citizen. These include such rights as Right to Equality (Articles 14-18), Right to Freedom (Articles 19-22), Right against Exploitation (Articles 23-24), Right to Freedom of Religion (Articles 25-28), and Cultural and Educational Rights (Articles 29-30). These rights are enforceable through the courts.
(vii) Directive Principles of State Policy
Part IV of the Constitution consists of the Directive Principles of State Policy (DPSPs), which set out to guide the state on matters pertaining to policy as it assumes the role of governance. DPSPs are non-justiciable in character, forming a social order that has characteristics of social justice and economic welfare.
Amendment Procedure of Constitution
The Indian Constitution, under Article 368, provides its own amendment procedure. Amendments could be proposed by Parliament in some cases, which requires ratification by the States. The procedure helps the Constitution to evolve with time as many social, political, and economic developments take place.
Most importantly, the 42nd Amendment Act, 1976 brought alterations in the form of insertion of words “Socialist” and “Secular” in the Preamble and strengthened the executive. The 44th Amendment Act, 1978 brought about a balance by curbing the powers of the executive and increasing judicial review.
Judiciary and Constitutional Interpretation
The judiciary plays a really significant role in interpreting and guarding the Constitution. A pronouncement of the Supreme Court, in the form of landmark judgments, has played a salient role in giving the contours of constitutional law in India. Some key judicial doctrines developed include:
(i) Doctrine of Basic Structure
In the celebrated case of Kesavananda Bharati v. State of Kerala (1973), the Supreme Court ruled that although Parliament has the authority to amend the Constitution, it cannot alter its “basic structure.” That includes principles on federalism, secularism, judicial independence, and democracy.
(ii) Public Interest Litigation (PIL)
The Indian judiciary has taken the concept of PIL further by allowing any person or group of persons to approach the courts for enforcing constitutional rights, even though they themselves may not be affected. This has made it easier to reach the judiciary and a stronger tool for making the government accountable.
(iii) Judicial Activism
Indian courts have been too active in the expansion of the scope of rights fundamental and safeguards of liberty of individuals. Rights to life under Article 21 have expanded so much that rights to privacy, to health, to education, and a clean environment could be embodied under it.
Federalism in India
Indian federalism has its peculiar brand of sharing powers between the centre and the states; this happens mainly under three lists in Schedule VII-the Union List, State List, and Concurrent List. While defence and foreign policy come under the Union, police and public health are subjects of the state.
Judicial interventions occur on conflicts over power distribution. The imposition of President’s Rule in states is applied under Article 356, and is deemed to be an attack on the federal structure.
Secularism and the Indian Constitution
According to the Constitution, India is stated as a secular state, wherein the government has no defined religion. Secularism in India is different because the state treats all religions impartially rather than separating church from state completely. Articles 25-28 grant the freedom of religion, but this freedom is restricted in terms of public order, morality, and health in the interest of that.
Recent Trends and Developments
Constitutional jurisprudence in India has undergone a dynamic change in the last couple of years where landmark rulings have altered the legal landscape.
Issues including decriminalizing homosexuality (Section 377), placing privacy as an important right of citizenry through the Puttaswamy Judgment, and debates over the Citizenship (Amendment) Act, 2019, have presented novel dimensions to the constitutional discourse.
Conclusion
The Constitution of India, one of those guiding documents that evolves with the nation, seems to ensure its needs and challenges provoke the need for growing constitutional law as a field of study and practice. Its importance lies in ensuring governance within the boundaries of justice, liberty, equality, and fraternity well described in the Preamble. Constant interplay between various branches of the government, protection of fundamental rights as well as the judicial interpretation that is taking place continuously make Indian constitutional law dynamic and essential to the functioning of a democracy.
