the Constitution of India essay
We the people of India, to make India a fully sovereign democratic republic and to secure to all its citizens social, economic and political justice, freedom of thought, expression, belief, religion and worship, equality of status and opportunity and in all of them the dignity of the individual and With determination to increase the fraternity that secures the unity of the nation, we hereby adopt, enact and surrender this Constitution in our Legislative Assembly today on 26th January, 1646. ‘ This is the Preamble of the Indian Constitution, and in it, in a nutshell, all the basic elements of the Constitution come.
In this not only equality of all citizens has been accepted without any discrimination, but social, economic and freedom of expression has also been provided to all. This Constitution of India was prepared by the Constituent Assembly of India with the hard work of three years. This constitution was implemented in the whole country from 26 January 1950 and since then 26 January was declared as ‘Republic Day’.
The credit for making this constitution goes to Dr. Bhimrao Ambedkar, Gopalaswami Iyengar, Alladi Krishnaswami Iyer and Kanhaiyalal Maniklal Munshi etc. The Constitution of India is the largest of the written constitutions in the world. This constitution was not prepared all of a sudden. At the time of India’s fight for independence, the British government had prepared a legislation in 1633, which was named ‘Government of India Act 1935’, to fulfill the desire of increasing freedom to Indians.
A federal government was arranged for India in this legislation. This legislation was also implemented in India and according to this, elections were also held in different provinces of the country in 1637. But due to the outbreak of the Second World War in 1636, this legislation was postponed. The war ended in 1945 and the British liberated India on 15 August 1647.
After that the present constitution has been prepared by making some manipulations in the same Government of India Act of 1635. In between, some amendments and changes have also taken place in this constitution. According to the constitution, India is divided into two types of states. One is those states, which are called ‘A’ category states. In these, the governor is the head of the government.
After the reorganization of the states, the number of these states has increased to sixteen. All the old princely states have been abolished and they have been merged in these states. The second type of states are the ‘C’ category states, whose governance is in the hands of chief commissioners or lieutenant governors. These states are considered to be the territories governed by the Central Government.
There are Legislative Assemblies in ‘A’ category states, some states of ‘C’ category also have Legislative Assemblies. . From the point of view of governance, some subjects have been assigned to the center and some to the states. The subjects which are related to the whole country are kept in the hands of the Centre. These subjects are counted in the First List of the Seventh Schedule, also known as the Union List.
The subjects in which the states have full powers to make laws, those subjects are counted in the second list of the Seventh Schedule, which is called the State List. There are also some subjects in which both the State Legislative Assemblies and the Central Parliament can make laws. This is called the Consolidated List and it is the third list of the Seventh Schedule.
Where the laws made by the Center are in conflict with those made by the State, the laws made by the Center shall be deemed to be “normative”. Broadly, the subjects of the army, currency, post, telegram, foreign policy, radio, etc. are in the hands of the Centre. On the other hand the subjects like education, police, health, agriculture, irrigation etc. are with the states.
India has been declared a democratic republic. It is a federal state. We have also adopted parliamentary system of democracy, which is prevalent in England. America’s President Prime system was not adopted. In parliamentary system, the leader of the political party which has majority in the parliament is elected as prime minister and forms its cabinet.
The cabinet is jointly responsible to the parliament. Similarly the states have The Chief Ministers are also elected in the Legislative Assemblies, who form their own cabinet and those cabinets are also responsible before the Legislative Assemblies. The members of the State Legislative Assemblies and the Parliament of the Center are elected by the people. Legislators at the Center The supreme body is the Parliament.
Parliament has two parts – one Lok Sabha and the other Rajya Sabha. Lok Sabha is the lower house and Rajya Sabha is the upper house. The real power is in the hands of the Lok Sabha. The members of the Lok Sabha are five hundred and the members of the Rajya Sabha are fifteen hundred. From the legal point of view, the highest official of India is the President. Not only is the administration of the whole country in his hands, but he is also the supreme commander of the armed forces.
The right to vote has been given to every adult male and female in the Indian Constitution. It is said that democratic elections are held on such a large scale in India, they are not in any other country in the world. In addition to the right to vote, all citizens have been given the right to equality. No discrimination shall be made to any man or woman on the basis of caste, religion or colour. Earlier there was social inequality in India.
The condition of many people was very pathetic earlier due to untouchability. But now untouchability has been declared a punishable offense by the Constitution. Similarly, the condition of women was similar to that of the oppressed class. Now they have been given the same opportunities for advancement as men. In this constitution, special care has been taken to create such conditions in which the personality of man can develop.
The development of personality can take place only in freedom, therefore all people have been given freedom of expression. This freedom is to the extent that it does not hurt the feelings of other citizens or causes disturbance by spreading hatred among different classes. In this constitution, the already existing capitalist system has been accepted.
All persons have been given the right to acquire and retain property by lawful means and the State shall, if ever, take away the property of the person, give appropriate compensation for it. All people have been declared equal from the point of view of justice. The Department of Justice has been kept separate from the administration and the Supreme Court has been established for the administration of justice.
The Supreme Court hears the final appeals of important cases and gives its decisions on complicated questions of law. Amendments or changes can be made in this constitution as needed, but for this, two-thirds of the members present in both the Houses of Parliament must get the votes.
If less votes are obtained, the amendment cannot be accepted. If necessary, the President can take over the governance of a state by declaring a state of emergency and for that period the democratic system there will be deemed to be suspended. The President’s rule can continue for six months.
The election of the President is not done directly by the people but indirectly. The Central Parliament and the members of the State Legislatures together elect the President and the President is elected for a five-year term. India has been declared a secular state. There are followers of many religions and sects in India, but the state is not concerned with religion.
The famous slogans of the French Revolution Liberty, Equality and Fraternity have also been given prominence in the Indian Constitution. Some concessions have been made for the enumerated castes for ten years so that they can improve their condition which has fallen from centuries and become at par with other sections of the society.
These concessions will expire after ten years. The Constitution of India has been praised a lot in democratic countries. Nothing can be said against the ideals on which this Constitution has been built. The short period in which this constitution was prepared and implemented is no less surprising. But many people are also critics of the constitution.
His statement is that this constitution is not a new understanding of the legislature makers at first, the constitution of 1633 has been truncated and made a new constitution; Then by taking some things from the constitutions of many countries, it has been made a well-known box. The biggest feature of the Indian Constitution is said to be its adult franchise.
Perhaps no country in the world has the right to vote on such a large scale. But it is worth considering whether such franchise is beneficial or harmful in a trained country like India. Generally trained people misuse their votes. Socialists also criticize this constitution on the ground that it promotes capitalism.
The right which has been given to the President to take over the governance of any state by declaring a crisis situation, many thinkers also describe it as contrary to the spirit of democracy and call it a sign of authoritarianism. But from a fair point of view, the Constitution of India is a laudable constitution from the point of view of supporting the democratic system.
Even though no revolutionary step was taken in this, but in the first phase of independence, if peace and order can be progressed slowly towards progress, then that too is no less success. The matter of greater satisfaction is that full scope for amendment and change has been kept in the Constitution and when the people feel, they can amend it suitably.