THE CONSTITUTION OF INDIA

The Constitution of any country is considered its highest law and cannot be changed at the
whim of the government or any individual. Any change in it has to be done via a legal
process through an ‘amendment’ in Parliament.
A Constitution reflects the values, ideals and aims of the people who drew up the
document. It gives us an insight into the guidelines according to which a country functions.
It outlines the powers and functions of a government and the rights and duties of the
citizens.

The Constitution of India is the longest constitution in the world. It consists of a Preamble
and 395 Articles and 12 Schedules. It has been amended 106 times till now.

One basic issue that the Constitution spells out is that of citizenship. According to the
Indian Constitution, an Indian citizen is a person:

a) Who is born on Indian territory

b) Either of whose parents was born on Indian territory
c) Who has been a resident of India for 5 years immediately preceding the adoption of
the Constitution

FUNDAMENTAL RIGHTS

One of the Aims of the Indian Constitution is to provide for all its citizens ‘Justice, Liberty,
Equality and Fraternity’. As India is a multi-cultural, multi-religious society with a diversity
of people with differing views, everyone’s rights must be protected.

Our Constitution therefore provides for seven rights that are Fundamental to human
nature as well as a democratic political system.

They are: Right to Equality, Right to Freedom, Right against Exploitation, Right to Religious
Freedom, Cultural and Educational Rights, Right to Constitutional Remedies and Right to
Education
 FUNDAMENTAL DUTIES

In return for every right, the Government expects the citizens to do certain things which
are collectively known as duties which are mentioned in our Constitution. The original
Constitution did not mention anything about the duties of the citizen. They were added in
the year 1976 through the 42nd Amendment. However, the Fundamental Duties are non-
justiciable, meaning that the violation of fundamental duties is not punishable

The following ten duties have been listed in the Constitution of India:

1. To abide by the Constitution and respect its ideals and institutions, the National Flag,
National Anthem;

2. To cherish and follow the noble ideals which inspired our national struggle for freedom;

3. To uphold and protect the sovereignty, unity and integrity of India;

4. To defend the country and render national service when called upon to do;

5. To promote harmony and the spirit of common brotherhood amongst all the people of
India and to renounce practices derogatory to the dignity of women;

6. To value and preserve the rich heritage of our composite culture;

7. To protect and improve the natural environments including forests, lakes, rivers and
wildlife;

8. To develop the scientific temper, humanism and the spirit of inquiry and reform;

9. To safeguard public property and not to use violence

10. To serve towards excellence in all spheres of individual and collective activity.

A new duty was added after the passage of Right to Education Act, 2009. “A parent or
guardian has to provide opportunities for the education of his child/ward between the age
of 6 and 14 years.”
THE INDIAN GOVERNMENT SYSTEM
LOK SABHA

• Candidates must be Indian Citizens above 25 years age, not holding any office of
profit under the Government.

• The Lok Sabha is composed of representatives of people chosen by direct election

on the basis of Universal Adult Suffrage.

• The Constitution of India allows for a maximum of 550 members in the House, with
530 members representing the States and 20 representing the Union Territories.

• Each member is elected for a term of 5 years. Elected representatives not part of the
Government make up the Opposition.

• The Presiding officer is the Speaker elected by the members.

• Functions include law making/amending, questioning the working of the Govt. and
passing Money Bills

RAJYA SABHA

• Candidates must be at least 30 years old. Other qualifications same as LS

• 250 members – 238 from Legislative Assemblies + 12 nominated by President

• Term: 6 years, but 1/3rd retire every 2 years (A permanent body)

• Presiding officer is the Vice-President, called Ex-Officio Chairman

• Functions same as Lok Sabha, except for Money Bills

 The President of India

The President is not elected directly by the people. An electoral college consisting of
elected MPs and MLAs elects him/her for a term of 5 years

He /She must be at least 35 years of age and have all the qualifications to be a member of
the Lok Sabha

He is the Constitutional Head of the State. The real powers are with the Prime Minister. The
President has to function according to the PM’s advice

1. Executive Powers :

• He appoints the Prime Minister and on his advice, other members of the Council of
Ministers.

• Appoints all top ranking officials i.e., State Governors, Attorney General and the Chief
Election Commissioner.

• Can declare war, make peace and sign treaties with other countries – is the Supreme
Commander of the Armed Forces

• Receives the ambassadors and diplomats from other countries.

2. Legislative and Financial Powers :

• He nominates two members of the Anglo-Indian Community to Lok Sabha and 12

members to Rajya Sabha from the field of science, art, literature, etc.

• Summons, dissolves and adjourns the Parliament.

• Approves of bills to make them laws.

• Can issue ordinances when the Parliament is not in session.

3. Judicial Powers :

• He can grant pardon or reduce the punishment of a person.

• He is not answerable to any court of law while in office.

4. Emergency Powers :
He has the power to declare Emergency in case of:

• War or armed rebellion or Financial Emergency.

• Breakdown of constitutional machinery in a state.

 The Prime Minister of India

• The leader of the majority party in the Lok Sabha is appointed by the President as the
PM. (If there is no single majority, then two or more parties can form a government
known as a ‘Coalition Government’)

• He/She then selects other ministers from the Members of Parliament to form the
council of ministers and allocates suitable portfolios to them.

• The PM co-ordinates the functions of the various ministers and has the right to dismiss
an erring minister as well as expand the Cabinet

• The PM is the link between the President and the Parliament and the People

• The PM informs the President about all decisions taken by the Cabinet and also advises
him/her in all his/her duties.

The Election Process

• Candidates file their nomination papers with the Election Commissioner, along with a
security deposit

• Campaigning for votes (list of dos and don’ts given by the EC)

• Voting done in each constituency (total 543) by all Indian citizens above 18 years
registered in the electoral roll

• Party which wins a majority of seats (272 or more) forms a new government, with the
leader of the party becoming the PM