The Political System of the India is consist of Parliamentary system. T Constitution of India is the supreme law of India. It was adopted on November 26, 1949, and came into effect on January 26, 1950, replacing the Government of India Act (1935) as the governing document of India. The Constitution defines the fundamental political principles, establishes the structure, procedures, powers, and duties of the government institutions, and sets out the fundamental rights, directive principles, and duties of citizens.
Features and Sources of the Indian Constitution
The Indian Constitution is unique in several ways. It is one of the longest written constitutions in the world, with 448 articles and 12 schedules. It is also a blend of various features from different constitutions of the world, such as the fundamental rights from the US Constitution, the parliamentary system from the UK Constitution, and the directive principles of state policy from the Irish Constitution. The sources of the Indian Constitution include the Government of India Act (1935), the Constituent Assembly debates, and various other documents and reports.
Fundamental Rights
The Constitution of India guarantees several fundamental rights to its citizens. These rights are essential for the protection of individual liberty and dignity and are enforceable by the courts. The fundamental rights include:
Right to Equality: This includes the right to equality before the law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of public employment.
Right to Freedom: This includes the right to freedom of speech and expression, the right to assemble peaceably and without arms, the right to form associations or unions, the right to move freely throughout the territory of India, and the right to reside and settle in any part of the country.
Right against Exploitation: This includes the prohibition of traffic in human beings, forced labor, and child labor.
Right to Freedom of Religion: This includes the freedom of conscience and the right to freely profess, practice, and propagate any religion.
Cultural and Educational Rights: This includes the right to conserve and promote the culture of one’s choice, the right to establish and maintain educational institutions of one’s choice, and the right of minorities to establish and administer educational institutions.
Right to Constitutional Remedies: This includes the right to move the Supreme Court or High Court for the enforcement of fundamental rights.
Federal Aspects of the Indian Constitution
The Indian Constitution has federal features, which means there is a division of power between the central government and state governments. The Constitution provides for a distribution of powers between the central government and state governments, with the central government having exclusive powers over subjects listed in the Union List, while the state governments have exclusive powers over subjects listed in the State List. Both the central and state governments have concurrent powers over subjects listed in the Concurrent List.
The Constitution also provides for a system of cooperative federalism, where the central and state governments work together to achieve common goals. The central government can provide financial assistance to the state governments for specific purposes, and the state governments can work with the central government to implement national policies and programs.
Relations between the Union and States
The Constitution of India lays down the powers and responsibilities of the central and state governments. The central government has the power to override state laws and can take control of a state in certain exceptional circumstances, such as failure of constitutional machinery in the state. However, the Constitution also provides for a system of cooperative federalism, where the central and state governments work together to achieve common goals.
Units of Indian Federation
India is a union of states, and the Constitution recognizes two types of territories – states and union territories. The states have their own elected governments, while union territories are governed by the central government. The Constitution also provides for the creation of new states and alteration of existing states’ boundaries, subject to certain conditions.
Parliament of India
The Parliament of India is the supreme legislative body in the country. It consists of two houses – the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The Rajya Sabha represents the states and union territories, while the Lok Sabha represents the people directly elected by them. The Parliament has the power to make laws on all subjects under the Union List and Concurrent List. The Parliament also has the power to amend the Constitution with a two-thirds majority in both houses.
The State Executive
The Governor is the head of the state executive in India. The Governor is appointed by the President and serves as the representative of the central government in the state. The Governor has the power to appoint the Chief Minister and other members of the state council of ministers. The state council of ministers is collectively responsible to the state legislative assembly and can be removed by a vote of no confidence in the assembly. The state executive is responsible for the administration of the state and the implementation of state laws and policies.
The State Legislature
The state legislature in India is a bicameral body, consisting of the Legislative Assembly and the Legislative Council. However, not all states have a Legislative Council, and only some states have adopted the bicameral system. The members of the Legislative Assembly are directly elected by the people, while the members of the Legislative Council are indirectly elected by various constituencies. The state legislature has the power to make laws on subjects under the State List and Concurrent List, and it is responsible for approving the state budget and holding the state government accountable.
The State Judiciary
In the Political System of the India, the judiciary is independent of the central government and has the power to interpret and enforce the laws within the state. The highest court in each state is the High Court, which has the power of judicial review over the actions of the state government and can hear appeals from lower courts within the state. The state judiciary is responsible for the administration of justice within the state and the protection of the rights of the citizens. The judges of the High Court are appointed by the President, in consultation with the Chief Justice of India and the Governor of the state.