The source of the Indian Constitution is a blend of various influences, including the Government of India Act of 1935, the teachings of the Indian National Congress, and ideas from other constitutions around the world. It was drafted by a Constituent Assembly and came into effect on January 26, 195...
Sources of Indian Constitution
In this foreign music course, I, Abhishek Mishra, will be discussing the sources of Indian
Constitution. As we know, quality is a crucial segment of UPSC Prelims, and we need to be aware
of various articles and provisions in the constitution to answer questions correctly. Therefore, we
need to have this information handy and remember it during crunch time in the examination. In
today's class, I will be discussing the following:
The basics of constitution and polity
The definition of state and its various contexts
The features of Indian Constitution, including parliamentary form of government, federalism,
independent judiciary, secularism, and separation of powers
Let's begin by understanding what constitution and polity mean. The constitution is the basic law
of the land, which defines how the state will be governed. It is a collection of fundamental
principles and regulations that govern the country. The constitution is framed by a specialized
body called the Constituent Assembly. The constitution is a power map that allocates power
among the different organs of the state, including the executive, legislature, and judiciary. The
constitution is the supreme law of the land, and all laws and regulations must be in conformity
with it.
The state has three organs - executive, legislature, and judiciary. The executive implements the
laws, the legislature makes the laws, and the judiciary interprets the laws. The Indian Constitution
has several features, including:
Parliamentary form of government
Federalism
Independent judiciary
Secularism
Separation of powers
India has a parliamentary form of government, which means we have a real executive and a
nominal executive. The head of the state is the President, but the real executive is the Prime
Minister who heads the Council of Ministers. India also has federalism, which means we have levels
of government - central and state. Our constitution also guarantees an independent judiciary,
which is a crucial feature of federalism. India is a secular country that does not have an official
religion or a state religion. Lastly, our constitution mandates separation of powers among the
organs of the state, as defined in Article 50.
The concept of power separation means that each organ of the state should have supremacy in
their own sphere and should not encroach upon the areas of the other organs. This is mentioned in
Article 50 of the Indian Constitution, which separates the executive and judiciary. Another
important feature is the fundamental rights mentioned in Part III of the Constitution, protecting
citizens against the arbitrary use of power by the state.
Polity refers to the political system of the country, which is made up of laws created by the
legislature and enforced by the judiciary. India is a democratic polity, with rule of law and periodic
free and fair elections. The rule of law includes the concepts of supremacy of law, equality before
law, and an independent judiciary to enforce the law.
Other features of a democratic political system include people's participation, conflict resolution
through dialogue, and equality and justice for all citizens. The Indian Constitution was adopted on
November 26, 1949, with 395 articles arranged in 22 parts and 8 schedules. Currently, there are
over 450 articles, 25 parts, and 12 schedules.
The constituent assembly that framed the Constitution took two years, 11 months, and 18 days to
complete the task. It was established under the guidance of the Cabinet Mission, which had three
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