CONSTITUTION (Indian form of government is described as
the American constitution was the first to begin with a Preamble. Many
countries, including India, followed the practice.
In Keshavananda Bharti case, SC has held that preamble is a part of Constitution.
And if there is any lack of clarity in the constitution, the judiciary turns to the Preamble in its
interpretation of the relevant provisions
constitution derives its authority from the people of India not from the
constituent assembly, this is mentioned in the preamble part of the constitution
Sovereign means India is neither a dependency nor a dominion of any other state. There is no authority above it and it is free to conduct its own affairs
Being a sovereign state, India can either acquire a foreign territory or cede a part of its territory in favor of a foreign state
basic structure doctrine
The Apex Court has held that the basic structure of the Constitution cannot be abrogated by a
Supremacy of the Constitution
Sovereign, democratic and republican naive of the Indian polity
Secular character of the Constitution
Separation of powers between the legislature, the executive and the judiciary
Federal character of the Constitution
Unity and integrity orate nation
Welfare state (socio-economic justice)
Freedom and dignity of the individual
Rule of law
Harmony and balance between Fundamental Rights and Directive Principles
Principle of equality
Free and fair elections
Independence of Judiciary
Limited power of Parliament to amend the Constitution
Effective access to justice
Principle of reasonableness
Powers of the Supreme Court under Articles 32, 136, 141 and 142
AS A DEMOCRACY
Constitutions work not only to limit people in power but to empower those
who traditionally have been deprived of it. Reasonable restrictions under Article 19.(2) to 19(6) restricts
the freedom of the people.
Nehru during the debates in constituent assembly emphasized on the role of
constitution to represent a collective demand for full self -determination
The most important function of the constitution is to restrict the exercise of
power by the state. Modern states are excessively powerful. They have a monopoly over force and
coercion. If the power falls in the wrong hands, state can work against few sections of the society
Unlike the constitutional symmetry of American federalism, Indian federalism has been asymmetric. By
introducing the articles concerning Jammu and Kashmir ( Art. 370) and the North-East (Art. 371), the
Indian Constitution anticipates the very important concept of asymmetric federalism.
Indian liberalism is different from classical or western liberalism. Classical
liberalism is more concerned towards the individual freedom. While in India, an individual identifies
himself with the community to which he/she belongs. So Indian liberalism gives primacy to the rights of
the individuals over the demands of social justice and community values.
The reservation to deprived class to meet their demands for social justice
signifies the idea of Indian liberalism.
The constitution provides enough
flexibility of interpretation for both
political class and the Judiciary
Some provisions of the constitution pertaining to Citizenship, elections,
provisional parliament etc., came to force on November 26, 1949 itself. January 26, 1950 was referred to
as "Date of commencement of the constitution" as the remaining major provisions of the constitution
came to force on this date.
With the commence of the constitution, India Independence Act of 1947 and Govt.
of India Act of 1935 were repealed because India Independence Act of 1947 itself provided for repeal of
any act of British Parliament including India Independence Act of 1947 itself.