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The Indian Constitution, adopted on January 26, 1950, is a comprehensive document that lays out the framework for governance in India. Here are the main features of the Indian Constitution and how they structure the governance of the country:
1. Preamble
The Preamble outlines the objectives of the Constitution, including Justice, Liberty, Equality, and Fraternity. It declares India to be a Sovereign, Socialist, Secular, and Democratic Republic.
2. Federal Structure with Unitary Bias
India has a federal system of government, with a clear division of powers between the central government and the states. However, in times of emergency, the Constitution allows the central government to assume greater control, showcasing its unitary features.
3. Parliamentary System
India follows a parliamentary system of governance, where the executive is responsible to the legislature. The President of India is the head of state, and the Prime Minister is the head of government.
4. Fundamental Rights
The Constitution guarantees a set of Fundamental Rights to all citizens, including the Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.
5. Directive Principles of State Policy
These principles are guidelines for the framing of laws by the government. Though non-justiciable, they aim to create social and economic conditions under which citizens can lead a good life.
6. Fundamental Duties
The Constitution also outlines the duties of citizens towards the nation, such as respecting the Constitution, the national flag, and the national anthem.
7. Separation of Powers
There is a clear separation of powers among the three branches of government: the Executive, the Legislature, and the Judiciary. This ensures a system of checks and balances.
8. Independent Judiciary
The judiciary is independent of the executive and legislature. The Supreme Court of India is the highest court, and it has the power of judicial review to ensure the constitutionality of laws and executive actions.
9. Bicameral Legislature
The Parliament of India consists of two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). This bicameral system ensures representation of both the people and the states.
10. Amendment Process
The Constitution provides a detailed procedure for its amendment. Some parts of the Constitution can be amended by a simple majority, while others require a special majority in Parliament and ratification by at least half of the state legislatures.
11. Emergency Provisions
The Constitution grants the President the power to declare three types of emergencies: National Emergency, State Emergency (President’s Rule), and Financial Emergency. During these periods, the central government assumes greater powers.
12. Single Citizenship
Unlike some federal countries, India has a single citizenship, meaning all Indians, irrespective of the state of their residence, are Indian citizens.
13. Universal Adult Suffrage
The Constitution provides for universal adult suffrage, ensuring that all citizens aged 18 and above have the right to vote without any discrimination.
14. Special Provisions for Certain States and Regions
Certain states and regions are accorded special provisions to protect their cultural identity and address specific governance needs. For instance, Article 370 provided special autonomy to Jammu and Kashmir (which has now been abrogated).
Governance Structure
This structure ensures a democratic and federal system with a balance of power among the different organs of the government, while also safeguarding the rights and duties of its citizens.