We live in the country named India, we are a democracy, we have a President of India, a Parliamentary form of government, people have right to free speech, States also have their governments, there is rule of law, and the list goes on. But, where is it all written? Is it just the whims and fancies of someone who declared it all just like that? Did all this exist even during the British era? The answer is no and no. To avoid any one person ruling over and making the laws, Independent India sought to be governed by a written document, which is known as the Constitution of India. While people often assume that the Constitution is just another law which the lawyers should be aware of, they underestimate their own need to know the Constitution. It is a living document whose essence decides what becomes a law and what goes ultra vires to uphold our rights. So here, we explain and simplify certain facts pertaining to the Indian Constitution to be known to everyone, including the laymen.
What is the Constitution of India?
India is a land of various religions, and most of them are guided by a holy book. For Hindus, it is the Ramayana and Bhagwad Geeta, for Muslims, it is the Holy Quran, for Christians, Bible paves the way, Guru Granth Sahib for Sikhs, and the list goes on. The Constitution of India can be understood as one book, which governs the people of India. It is also termed as the Grundnorm, referring to the foundation of Indian Legal System and the society at large. It addresses the rights of people of India, and sometimes the foreigners subject to Indian laws, it provides for India being a democratic country, states its Union and Federal features. The Indian Constitution further provides for the forms of government, elaborates about the Executive and Judiciary, the division of law making powers among the Central and State Governments, along with the particular subjects. Every law in India needs to be in consonance with the basic structure of the Constitution, which means to abide by the essence of it.
Frequent Doubts around the Indian Constitution
- What are the major features of the Indian Constitution?
The Constitution of India is the lengthiest written Constitution across the world. It is a combination of rigidity as well as flexibility, also termed as a living document because it is amendable as well, provided that the basic structure remains untouched. It reflects Unitary and Federal aspects, while upholding the rule of law in India. Separation of Power is just another facet highlighted by the Constitution.
- What’s the preamble to the Constitution?
The preamble to the Constitution of India is kind of an introduction to the guiding values and philosophy embedded under the same. Preamble reflects the essence of the Constitution, even the basic structure of Constitutional values. It starts with “We the people of India”, stating that the Constitution of India is the rights and grundnorm given to Indians by Indians themselves.
- Who wrote the Constitution of India?
While a Constituent Assembly was established to look into the making of Constitution of India, the Drafting Committee was headed by Dr. Bhimrao Ramaji Ambedkar (Dr. BR Ambedkar). It may be noted that the Indian Constitution is not a new, crisp piece of legal grundnorm, but kind of patchwork, wherein all seemingly good features were adapted from the platter of Constitutions across the world. The Drafting Committee looked at the specific features and decided whether to include the same in the Constitution of India or not.
- Who is known as the father of the Indian Constitution?
Dr. BR Ambedkar is known as the father of Constitution of India, who is also known as the Chief Architect of the same. It is said that Dr. Ambedkar researched about 60 Constitutions across the world while working on the framing of Indian Constitution. That is how the Indian Constitution features the landmarks of Constitutions embraced by different countries.
- How many Articles are there in the Constitution of India?
The original copy of Constitution adopted in 1949/1950 featured 395 Articles. At present, after going through and embracing 106 amendments, the current number of Articles of Indian Constitution counts at 448 Articles.
- Who signed our Constitution first?
The Draft Constitution was signed by the 284 members of the Constituent Assembly. Afterwards, Dr. Rajendra Prasad was the first President of India who signed the Indian Constitution.
- When did the Constitution of India come into force?
The Constitution of India was adopted on November 26, 1949 and some provisions of it came into force on that day, while the whole of it came into force on January 26, 1950. That is the reason November 26th is celebrated as Constitution Day, while January 26th is celebrated as Republic Day every year.
- When do we celebrate Constitution Day?
As stated above November 26 is celebrated as the ‘Constitution Day’ or ‘Samvidhan Diwas’ in India. It may be noted that this was declared only in 2015 when the Prime Minister Narendra Modi laid the foundation stone of dr. BR Ambedkar’s Statue of Equality memorial in Mumbai.
- Why is it important for everyone to be acquainted with the Constitution of India?
Being the citizens of India, everyone of us is governed by the Indian Constitution. It is the basic law which everyone has to abide by, be it a labourer, a businessman, a bureaucrat, or the Prime Minister of India. While ignorance of the Constitution may not affect as much, knowing what the Constitution of India lays empowers people significantly. One cannot evade the laws and administrative actions, being acquainted with the Indian Constitution will help you and empower you to help others as well.
- What are fundamental rights in the Constitution?
There are six fundamental rights under the Constitution of India. Articles 12 to 35 particularly provide for fundamental rights available to citizens of India, while some of them are available to non-citizens as well. Fundamental rights include right to equality, freedom, right against exploitation, right to religion, cultural and educational rights, and the ultimate right to Constitutional remedies.
- Does the Constitution impose any duties upon people of India?
Yes, Part IVA of the Constitution of India states the fundamental duties of Indian citizens embedded under Article 51A. The duties so imposed include abiding by the Constitution of India, upholding and protecting the sovereignty of India, promoting harmony and brotherhood, etc. It may be noted that while you have remedies in place for violation of fundamental rights, there is no such express way to punish those who do not follow their fundamental duties, unless there is a specific statute enforced already.
