The Constitution of India stands as a remarkable and unique document, both in its content and spirit. While it incorporates features from various constitutions worldwide, it remains a distinctive creation tailored to India’s diverse needs. Over time, the Constitution has undergone significant amendments, such as the 7th, 42nd, 44th, 73rd, and 74th Amendments, to address evolving socio-political challenges and uphold its relevance.
Key Amendments of the Constitution of India
The Flexible Nature of Indian Constitution
The Indian Constitution is not rigid and allows for amendments by the Parliament under specified procedures. This adaptability ensures its relevance to changing times. Some of the notable amendments include:
1. 42nd Amendment (1976)
- Known as the “Mini Constitution”, it introduced sweeping changes during the Emergency in 1976.
- Following the Kesavananda Bharati case (1973), the Supreme Court ruled that the Parliament’s power to amend the Constitution under Article 368 does not extend to altering its basic structure.
2. 44th Amendment
- Addressed the excesses of the 42nd Amendment and restored the balance between the executive and judiciary.
Preamble of the Indian Constitution
The Preamble is the introductory statement of the Indian Constitution, inspired by the American Constitution, which was the first to include a preamble. Renowned constitutional expert N.A. Palkhivala referred to the Preamble as the “Identity Card of the Constitution.”
Historical Context
- The Preamble is based on Pandit Nehru’s Objective Resolution, adopted by the Constituent Assembly.
- It was amended in 1976 by the 42nd Amendment, which added the terms “socialist,” “secular,” and “integrity.”
Key Ingredients of the Preamble
- Source of Authority: The Constitution derives its power from the people of India.
- Nature of the Indian State: Declares India as a sovereign, socialist, secular, democratic, and republican state.
- Objectives of the Constitution: Ensures justice, liberty, equality, and fraternity.
- Date of Adoption: Adopted on 26th November 1949.
Salient Features of the Indian Constitution
1. Federal System with Unitary Bias
The Indian Constitution establishes a federal system while incorporating significant unitary features.
Federal Features
- Two levels of government: Central and State.
- Division of power through a written constitution.
- Supremacy and rigidity of the Constitution.
- Bicameral legislature.
Unitary Features
- Single citizenship.
- Strong central government.
- Integrated judiciary.
- Appointment of state governors by the Centre.
- Emergency provisions granting central authority over states.
Notably, Article 1 describes India as a “Union of States,” emphasizing:
- States cannot secede from the Union.
- The Union is not the result of an agreement between states.
2. Parliamentary Form of Government
India follows the parliamentary system derived from the British model, emphasizing cooperation between the executive and legislature.
Features of Indian Parliamentary System
- Nominal and Real Executives: The President acts as the nominal head, while the Prime Minister and the Council of Ministers exercise actual authority.
- Rule of Majority Party: The ruling party must hold a majority in the legislature.
- Collective Responsibility: The executive is collectively accountable to the legislature.
- Prime Minister’s Leadership: The Prime Minister or Chief Minister leads the government.
- Membership of Ministers: Ministers must be members of the legislature.
- Dissolution of the Lower House: The Lok Sabha can be dissolved for fresh elections.
Differences from the British System
- The Indian Parliament is not a sovereign body, while the British Parliament is.
- India’s head of state is elected, unlike Britain’s hereditary monarch.
Parliament: Structure and Functions
Composition of Parliament
- Defined under Article 79, the Parliament consists of:
- Lok Sabha (House of the People)
- Rajya Sabha (Council of States)
- The President is a constituent part of the legislature and head of the executive.
Functions of the President in Parliament
- Summons and prorogues the Parliament sessions.
- Dissolves the Lok Sabha.
- Delivers a special address at the start of each year and after a general election.
- Legislative Role:
- No bill becomes law without the President’s assent.
- Article 123 empowers the President to promulgate ordinances when Parliament is not in session.
Conclusion
The Constitution of India is a living document, reflecting the aspirations of its people while balancing continuity and change. Its features, from the Preamble to its adaptability through amendments, underscore its uniqueness. Serving as both a framework for governance and a custodian of rights, the Constitution continues to guide the nation in its journey toward justice, liberty, equality, and fraternity.