1.1.1 Legal and Philosophical Perspectives
The Constitution of India is the supreme law of the country, providing the framework for governance, defining the structure of the government, outlining fundamental rights, duties, and directive principles for citizens and authorities. It was adopted on January 26, 1950, replacing the Government of India Act (1935) as the governing document of the nation.
(1) Legal Perspective:
Supreme Legal Authority: The Indian Constitution is the supreme legal authority, binding on every citizen and governmental body within the country. It serves as the yardstick against which the validity of all laws and actions is measured.
Separation of Powers: It delineates the separation of powers among the executive, legislative, and judiciary branches of the government, ensuring checks and balances to prevent the concentration of power.
Fundamental Rights: One of its fundamental aspects is the guarantee of fundamental rights to citizens, ensuring equality, freedom, and justice.
Directive Principles of State Policy: It includes Directive Principles of State Policy, guiding the government in making laws and policies that promote the welfare of the people, social justice, and economic equality.
(2) Philosophical Perspective:
Social Contract: Reflecting the philosophy of a social contract, it embodies the agreement between the state and its citizens, defining rights, duties, and the responsibilities of each.
Democratic Values: It upholds democratic values and principles by ensuring free and fair elections, the rule of law, and the protection of individual liberties.
Secularism: The Indian Constitution enshrines secularism, ensuring equality and freedom of religion to all citizens irrespective of their beliefs.
Unity in Diversity: It celebrates India’s diversity by recognizing and respecting cultural, linguistic, and regional differences while fostering a sense of unity among its citizens.
The Indian Constitution serves several essential purposes:
Establishing Government Institutions: It sets up the structure and functions of various governmental bodies.
Protection of Rights: Ensures fundamental rights and safeguards against arbitrary governmental actions.
Rule of Law: Upholds the principle of rule of law, ensuring that no one, including the government, is above the law.
Promotion of Welfare: Directs the state in policy-making towards socio-economic justice, eradication of poverty, and promotion of the welfare of the people.
Adaptability: Provides a framework that allows for amendments reflecting changing societal needs without compromising its basic structure and principles.
1.1.2 Functions of a Constitution
In Indian constitutional law, the Constitution serves several crucial functions that are fundamental to the governance and functioning of the country. Here are the key functions:
(1) Establishment of Governmental Structure: The Indian Constitution defines the structure of the government, outlining the separation of powers among the executive, legislative, and judiciary branches. It establishes the President, Prime Minister, Parliament, state governments, and other institutions, delineating their powers, functions, and interrelationships.
(2) Allocation and Limitation of Powers: It allocates powers between the central government and state governments, demarcating their respective jurisdictions. It also places limitations on the exercise of these powers to prevent any one branch from becoming too dominant, ensuring a system of checks and balances.
(3) Protection of Fundamental Rights: One of the primary functions of the Indian Constitution is to safeguard the fundamental rights of citizens. It guarantees essential freedoms such as the right to equality, right to freedom of speech and expression, right against exploitation, right to freedom of religion, and more. The Constitution acts as a shield against arbitrary actions of the government and ensures the protection of these rights.
(4) Directive Principles of State Policy: The Constitution includes Directive Principles of State Policy, which are guidelines for the government to frame laws and policies in a way that promotes social justice, welfare, and the overall development of the society. Though not enforceable in courts, they are fundamental in the governance of the country.
(5) Rule of Law: The Constitution upholds the principle of rule of law, ensuring that all individuals, including the government, are subject to and accountable under the law. It establishes the supremacy of the Constitution and ensures that no one is above its provisions.
(6) Amendment and Flexibility: The Constitution of India provides for its own amendment to adapt to changing societal needs. While it outlines the basic structure and principles that cannot be altered, it allows for amendments through a specified procedure. This feature ensures that the Constitution remains relevant and adaptable over time.
(7) Judicial Review: It empowers the judiciary to review the constitutionality of laws and governmental actions. The Supreme Court and High Courts have the authority to strike down laws that are inconsistent with the provisions of the Constitution, thus acting as guardians of the Constitution.
(8) Unity in Diversity: Recognizing India’s diverse cultural, linguistic, and regional variations, the Constitution promote unity among its citizens while respecting and preserving this diversity.