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SYLLABUS
(a) Federal Republic, Rule of Law,
Separation of Power
(b) Sovereignty, Socialism, Democracy
(c) Secularism and Sarva Dharma Sama Bhava
CONSTITUTION:- A Constitution is the set of fundamental principles, rules and
law that constitute the legal basis of a organisation or country
and determine how that entity is to be governed.
It is the supreme law of India.
It is a legal document that lays forth a set of
guidelines for how the nation will be governed.
It is the longest written national constitution in the world.
The constitution of India was written through constituent assembly whose members were
elected by people in July 1946.
They took almost two years eleven months 13 days to write the constitution.
It was adopted by the Constituent Assembly of India on 26 November 1949 and became
effective on 26 January 1950.
Indian constitution has undergone over a hundred amendments in the past 74 years but its
fundamental form hasn't changed.
The constitution replaced the Government of India Act 1935 as the country's fundamental
governing document, and the dominion of India became the Republic of India.
A preamble is an introductory statement that
presents the intention of its framers the history behind its creation, and
the core values and principles of the nation.
It is indicated by the Preamble that the source of authority of
constitution lies with the people of India.
Preamble declares India to be a sovereign,socialist, secular
and democratic republic.
The objectives stated by the Preamble are to secure
justice,liberty,equality to all citizens and promote fraternity to
maintain unity and integrity of the nation.
The Constitution of India has the distinction
of being the lengthiest and detailed written Constitutional document the world has so far
produced. It is a very comprehensive, elaborate and detailed document.
There are a host of reasons that prompted the framers to write a lengthy constitution:-
Pluralist character and multiculturalism of Indian states.
Single constitution for both the Centre and the states.
India is a country of diverse languages spoken by different regions.
India is a large country with an agrarian economy.
The constitution makers thought India to remain a mixed economy where both public and
private sectors to exist.
The Constitution of India has borrowed most of
its provisions from the constitutions of various other countries as well as from the Government
of India Act of 1935.
The structural part of the Constitution has been derived from the Government of India
Act, 1935.
The philosophical part of the Constitution (Fundamental Rights and the Directive
Principles of State Policy) derive their inspiration from the American and Irish
Constitutions respectively.
The political part of the Constitution (the principle of Cabinet government and the
relations between the executive and the legislature) have been largely drawn from the
British Constitution.
The Constitution of India has opted for the British
Parliamentary System of Government rather than
the American Presidential system of government.
The parliamentary system is based on the principle
of cooperation and coordination between the
legislative and executive organs.
The Constitution establishes the parliamentary system not only at the Centre but also in
the States.
Indian democracy functions on the basis of ‘one person one vote’.
Every citizen of India who is 18 years of age or above is entitled to vote in the elections
irrespective of caste, gender, race, religion or status.
The Indian Constitution establishes political equality in India through the method of
universal adult franchise.
The Indian Constitution establishes Indian judiciary,to be free
from the influence of the executive and the legislature.
The Supreme Court stands as the apex court of the judicial
System and High Courts are at state level.
Under a high court, there is a hierarchy of subordinate
courts, that is district courts and the other lower courts.
The Supreme Court is a federal court, the highest court of
appeal, the guarantor of the fundamental rights of the citizens and the guardian of the
Constitution. Hence, the Constitution has made various provisions to ensure its
independence.
Fundamental Rights are one of the important features of the Indian Constitution.
They are justiciable in nature, that is, enforceable by the courts for their violation.
Part III of the Indian Constitution guarantees six fundamental rights to all Citizens
covering from article 12-to-35.
❖ Right to equality
❖ Right to freedom
❖ Right against exploitation
❖ Right to freedom of religion
❖ Cultural and educational rights
❖ Right to constitutional remedies
These rights are fundamental in the sense that any violation of those rights by the
governmental institutions and any institutions can be challenged in the Supreme Court and
state High courts.
According to Dr B.R. Ambedkar, the Directive Principles of State
Policy is a ‘novel feature’ of the Indian Constitution.
They are enumerated in Part IV of the Constitution and were
influenced by Irish Republic.
The Directive Principles were included in our Constitution in
order to provide social and economic justice to our people.
Directive Principles aim at establishing a welfare state in
India where there will be no concentration of wealth
in the hands of a few.
They are non-justiciable in nature.
FEDERAL REPUBLIC
A federal republic is a federation of states with a republican form of government. At its core,
the literal meaning of the word republic when used to reference a form of government means:
"a country that is governed by elected representatives and by an elected leader (such as a
president) rather than by a monarch.”
In a federal republic, a division of powers exists between the federal
government and the government of the individual subdivisions.
Federalism is part of the basic structure of the Indian
constitution which cannot be altered or destroyed through
constitutional amendments under the constituent powers of the
Parliament without undergoing judicial review by the Supreme Court.
There are two or more levels (tiers) of government.
Each level of government has its own jurisdiction in matters of
legislation, taxation, and administration even though they
govern the same citizens.
Powers and functions of each tier of government are specified
and guaranteed by the Constitution.
The Supreme Court has been given the power to settle disputes
between state governments.
A republic country is where the head of a particular state is
an elected person and not someone from a hereditary monarch.
India is known as a republic country because the people of India elect the head of the state
government.
It is stated there that India has a president elected directly for a specific time as mentioned
in the constitution of India, which is five years.
It is stated that India is a sovereign democratic republic, and it must continue to be the
same.
RULE OF LAW
In simple words, “Rule of Law” refers to the supremacy of the law of the land over any other
elected representative or authority in a country.
Rule of law means people are ruled by law, not by men.
Apart from this crucial meaning, rule of law means a few more things like
➢ There is no room for arbitrariness.
➢ Each individual enjoys some fundamental rights, and
➢ The highest judiciary is the final authority in maintaining the sanctity
of the law of the land.
❖ It denotes the country's legal dominance and absolute power.
❖ Law applies to everyone, including framers and administrators.
❖ Law established in a court of law must be enforced throughout the land with no
exceptions.
❖ No person has the right to impose laws on themselves.
❖ This means that the law should be administered in a just and fair manner.
❖ Every person, whatever his position, or rank, maybe, should be subjected to the same law
and procedure as everyone else in the court of justice.
❖ “Every official, from the Prime Minister down to a constable or a collector of taxes, is
under the same responsibility for every act done without legal justification as any other
citizen.”
SEPERATION OF POWER
Separation of powers refers to the division of government into "branches", each with separate,
independent powers and responsibilities, so that the powers of one branch are not in conflict
with those of the other branches.
It is a division structure where authorities, functions and powers are divided between organs of
government such as legislative executive and judiciary rather than being centrally held.
The intention behind a system of separated powers
is to prevent the concentration of power by
providing for checks and balances. It will
safeguard freedom for all and allocate each
function to the suitable organs of the state for
effective discharge of their respective duties.
➢ This concept was first seen in the works of Aristotle, in the 4th century BCE, wherein he
described the three agencies of the government as General Assembly, Public Officials and
Judiciary.
➢ In the Ancient Roman Republic too, a similar concept was followed.
➢ In modern times, it was 18th-century French philosopher Montesquieu who made the
doctrine a highly systematic and scientific one, in his book De l’esprit des lois (The Spirit
of Laws).
➢ His work is based on an understanding of the English system which was showing a
propensity towards a greater distinction between the three organs of government.
➢ The idea was developed further by John Locke.
The definition of separation of power is given by different authors. But in general, the meaning
of separation of power can be categorized into three features:
A person forming a part of one organ should not form part of another organ.
One organ should not interfere with the functioning of the other organs.
One organ should not exercise the function belonging to another organ.
Prevents authoritarianism
Protects individual freedom
Maintains the efficiency of the administration.
Focus on the requirement of independence of the judiciary
Prevent the legislature from enacting an arbitrary rule.
The Constitution's fundamental framework includes the notion of separation of powers, even if it
isn't referenced in the document's text. This concept cannot be broken by legislation passed by
the legislature.The Constitution makes special reference to the three organs' functions.
Article 50: This article provisions for the separation of judiciary from the executive. But,
since this falls under the Directive Principles of State Policy, it is not enforceable.
Article 123: The President, being the executive head of the country, is empowered to
exercise legislative powers (Promulgate ordinances) in certain conditions.
Articles 121 and 211: The legislatures are prohibited from discussing the actions of a
judge of the Supreme Court or High Court except in the case of impeachment.
Article 361: The President and Governors are exempt from legal actions
SOVEREIGNTY
Soverign means that the state has its independent authority or power with its supreme law.
It means that India has complete authority in making internal and external decisions..
The state is not dependent on any other state for its affairs. It has two aspects- external and
internal.
Internal sovereignty refers to the relationship between the states and the individuals within
its territory. Internal sovereignty relates to internal and domestic affairs, and is divided
into four organs, namely, the executive, the legislature, the judiciary and the
administrative.
External sovereignty refers to the sovereignty attached to international law. India is free of
any external interference in its own affairs.
The external sovereignty of India means that it can acquire foreign territory and also cede
any part of the Indian territory, subject to limitations (if any) imposed by the constitution.
SOCIALISM
The term “socialist” was inserted by the 42nd constitution Amendment Act of 1976.
It means social and economic equality in the true sense.
Social equality entails discouraging discrimination based on caste, creed, color, religion,
gender, language, etc.
Economic equality is an attempt to ensure that the Government does everything in its
power to make the distribution of wealth and resources equal and also, to provide a decent
standard of living for every citizen of our country.
Through New Economy Policy 1991, India adopted globalization, privatization and
liberalization.
DEMOCRACY
Democracy can be defined as the government of the people, by the people and for the
people.
People exercise their power in political process by choosing
their representatives.
India is the largest and most powerful democracy in the world
Constitution adopted universal adult franchise gives every citizen
above age 18 the right to vote, irrespective of their colour, caste,
religion, creed, and even gender.
Independent Election Commission was set up to conduct free and fair elections.
The principles on which the democratic government of India is based are liberty, equality,
fraternity, and justice.
SECULARISM
Secularism means separation of religion from political,
economic, social and cultural aspects of a nation.
The term ‘Secular’ was added to the preamble by
the 42nd constitution Amendment Act of 1976.
It emphasized dissociation of the state from religion
and full freedom to all religions and tolerance of all
religions.
It also stands for equal opportunities for followers of all
religions, and no discrimination and partiality on grounds
of religion.
Article 25 of the Indian Constitution gives each citizen:
Right to Profess any religion
Right to Practice any religion
Right to Propagate any religion
SARVA DHARMA SAMABHAVA
Indian philosophy of secularism is related to “Sarva Dharma Sambhava” which means
that destination of the paths followed by all religions is the same, though the paths
themselves may be different, which means equal respect to all religions.
The phrase was is attributed to Mahatma Gandhi, who first used it in September 1930 in
his communications to his followers to quell divisions that had begun to develop
between Hindus and Muslims.
Sarva dharma sama bhav is often translated as "All religions are the same" or "All path's
lead to the same destination i.e “Moksha/Mukti”.
This non-discrimination by state and equal respect for all religions by citizens
collectively, came to be known as SARVA DHARMA SMABHAVA”
The right to freedom of religion has been guaranteed by our constitution.
IMPORTANT QUESTION
1) Write a short note on the following:- {PYQ 2023}
a) seperation of power
b) liberty
2) What do you understand by constitution? What are the features of indian
constitution? {PYQ 2023}
3) Write a short note on “Equality before law”. {PYQ 2023}
4) What is rule of law ? xplain with examples. {PYQ 2023}
5) Define the concept of secularism. {PYQ 2023}
6) How the constitution functions as the “supreme law of the land” ?{PYQ2023}
7) Discuss the constitution of India is as a federal and a republic.
8) Legal status of Fundamental Duties - Judicial approach
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