Introduction
INTRODUCTION THE CONSTITUTION OF INDIA
Almost two-and-a-half years after achieving Independence on 15 August 1947, India proclaimed itself a republic. Its brief stint as a British dominion had come to an end. The Constitution was now the governing document of the nation. It had been adopted by the Constituent Assembly on 26 November 1949, and it came into effect on this day in 1950.
The date had been chosen for a very special reason. In 1930, it was on 26 January that the Indian National Congress, the party which played a leading role in the freedom struggle, proclaimed 'Purna Swaraj' or 'complete independence' as its goal. Earlier, the Congress had been content to demand 'Swaraj' or 'self-rule', which was something like dominion status. However on 26 January 1930, many Indians had observed 'Independence Day' by flying the flag of India (the Congress tricolour with a charkha at the centre). The demand from this day onwards had become complete independence. It was a moment that meant the end of the old and the beginning of the new. By promulgating the Constitution, India had now achieved complete independence. It was a new beginning
WHAT IS A CONSTITUTION AND WHY DOES IT MATTER?
A constitution is a set of fundamental legal-political rules It is binding on everyone in the state, and it concerns the structure and operation of government institutions, political principles and the rights of citizens. It is accepted widely since the process by which it is created has public approval. Also, a constitution is something of a 'higher law, meaning it is harder to change than ordinary laws. For example, a two-thirds majority vote in parliament or a public referendum, through which the general public will also express its acceptance or disapproval of certain changes, is often needed to change a constitution. Ordinary laws, on the other hand, can be changed without such complicated and lengthy processes. All other laws subsequently enacted cannot contradict the principles laid down in a country's constitution.
The majority of contemporary constitutions around the world today describe the basic principles of the state, the structures and processes of government and the fundamental rights of citizens.
THE INDIAN CONSTITUTION
Consisting of 395 articles and twelve schedules today, the Indian Constitution lays out the norms and rules to govern the administration of the nation. It grants voting rights to all citizens above the age of eighteen and establishes the idea of a government elected by the vote. It has thus established self-rule for India and Indians. Thanks to the Constitution, the hereditary rule of the kings and queens of yore as well as the 'grab and loot' method, which was how the British had stayed in power for almost 200 years, effectively came to an end. In its place, there is now a government that agrees to abide by the rule of law, is accountable, and regularly has to seek a mandate from the people through elections. All adult Indians can cast a vote in these elections, and therefore, the government is representative of the people. The Constitution establishes institutions like the Parliament and the Supreme Court and specifies the roles of officeholders like the president, prime minister and others. It establishes the idea of Indian citizenship and fundamental rights, and has decreed that equality is the governing principle of the nation. More than anything else, the Constitution created institutions and processes that allowed the idea of India to clearly emerge. Equally importantly, it laid out the administrative structure of the new nation, decision-making processes and other details that were important for administering the people of India and to realize their hopes and aspirations. It created a process and method for the smooth functioning of government, the bureaucracy, the judiciary and various other state institutions. It melded the old with the new, the past with the future, and hopes and promises with their implementation.
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