Bhartiya Sabhidhan is one of the most important documents in India. It is the cornerstone of Indian democracy and outlines the fundamental rights and duties of citizens of India. In this blog post, we will explore Bhartiya Sabhidhan and provide an overview of its key provisions. We will discuss topics such as the directive principles of state policy, fundamental rights and duties of citizens, and how Bhartiya Sabhidhan has shaped modern India.
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What is the Constitution of India?
The Constitution of India is the supreme law of India. It lays down the framework for political principles, procedures, powers and duties of government institutions, and sets out fundamental rights, directive principles and the duties of citizens. It is the longest written constitution of any country in the world. The constitution was adopted by the Constituent Assembly on 26th November 1949, and came into effect on 26th January 1950.
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The Preamble of the Constitution of India declares India to be a sovereign, socialist, secular, democratic republic, assuring its citizens justice, equality, and fraternity. It outlines India’s commitment to promote among its citizens justice – social, economic and political; liberty of thought, expression, belief, faith and worship; equality of status and opportunity; and to promote fraternity amongst them all.
The Constitution of India has 448 articles in 25 parts, 12 schedules, 5 appendices and 98 amendments. It provides for a parliamentary form of government which comprises the President as the head of state and the Prime Minister as head of the government.
Fundamental Rights are provided to Indian citizens under Part III of the Constitution of India. These rights include right to equality; right to freedom; right against exploitation; right to freedom of religion; cultural and educational rights; and right to constitutional remedies.
Directive Principles of State Policy are guidelines given to the federal and state governments in order to ensure that the citizens of India receive basic necessities such as adequate means of livelihood, health care, education, etc. The Fundamental Duties were added to the Constitution in 1976 through the 42nd Amendment Act. These duties enjoin citizens to abide by the Constitution, respect its ideals and institutions, cherish and follow its noble traditions, and uphold its sovereignty.
The Union and Its Territories enumerate the territories that form part of the Republic of India. These include the states and union territories. Citizenship outlines the laws governing Indian citizenship. Any person born in India, or either of whose parents are citizens of India is considered a citizen of India.
Amendments to the Constitution are made in order to alter any of its provisions and ensure that it is updated as per changing needs of society. Schedules list out various matters like taxes and fees levied by the government as well as laws related to elections and representation in Parliament.
The Preamble of the Constitution of India
The Preamble of the Constitution of India is an introduction to the Constitution, written by Jawaharlal Nehru. It states the source of authority of the Constitution, its objectives and the importance of justice, liberty, equality, and fraternity. The Preamble was drafted by the Constituent Assembly on 26th November 1949.
The Preamble of the Constitution of India reads as follows:
“We, the people of India, having solemnly resolved to constitute India into a sovereign, socialist, secular, democratic republic and to secure to all its citizens: justice, social, economic and political; liberty of thought, expression, belief, faith and worship; equality of status and of opportunity; and to promote among them all fraternity assuring the dignity of the individual and the unity and integrity of the nation; In our Constituent Assembly this twenty-sixth day of November 1949 do hereby adopt, enact and give to ourselves this Constitution.”
This Preamble outlines the fundamental goals and values that guide the governance of India and the rights of its citizens. It states that India is a sovereign, socialist, secular, and democratic republic with justice, liberty, equality and fraternity being guaranteed to all citizens. The Preamble also expresses the importance of unity and integrity of the nation while ensuring the dignity of the individual.
The Preamble is an important part of the Indian Constitution. It is a short statement declaring the source of authority of the Constitution and its essential objectives. It is one of the most important documents in Indian history and sets out the guiding principles that have come to define India as a nation.
Fundamental Rights
The Constitution of India guarantees Fundamental Rights to its citizens. These rights are enshrined in the Part III of the Constitution, which includes the following rights:
• Right to Equality: All citizens are equal before law, with no discrimination on the basis of race, religion, caste, sex, or place of birth.
• Right to Freedom: Citizens have the right to freedom of speech and expression, assembly, association, movement, residence, and profession.
• Right against Exploitation: No one can be subjected to forced labor, or trafficked for any purpose.
• Right to Freedom of Religion: Every citizen has the right to practice any religion of their choice and propagate it.
• Cultural and Educational Rights: Every citizen has the right to practice and promote their culture and language, as well as pursue their education.
• Right to Constitutional Remedies: Any person can approach the Supreme Court or any other court in case of violation of their fundamental rights.
These Fundamental Rights form the bedrock of civil liberties in India and are protected by the Indian Constitution.
Directive Principles of State Policy
The Directive Principles of State Policy are a set of guidelines laid down by the Constitution of India for the functioning of the government. These principles, as enshrined in Part IV of the Constitution, are not enforceable by any court, but they are fundamental in the governance of the country. These principles provide guidance to the legislature, executive and judiciary of India.
The directive principles of state policy aim to establish social, economic and political justice in India. The scope of these directives includes protecting public health and providing equal opportunities to citizens. The directive principles are also intended to establish a welfare state, promote international peace and security, maintain harmony with nature and foster fraternity among all citizens.
The directive principles of state policy include:
• Promotion of education and economic interests of weaker sections of society
• Promotion of international peace and security
• Protection of public health and environment
• Establishing an egalitarian society
• Ensuring equitable distribution of wealth
• Promotion of respect for international law
• Maintaining friendly relations with foreign countries
• Protecting and improving the natural environment
• Ensuring equitable distribution of resources
• Establishing scientific temper
• Establishing gender equality
• Ensuring just and humane conditions of work
• Securing social order
• Promoting freedom of thought, expression and association
• Providing for just and humane conditions in prisons
• Promotion of communal harmony
• Ensuring living wage for workers
• Making provision for voluntary formation of cooperative societies
• Promotion of participation in cultural activities
• Taking steps to protect wildlife.
Fundamental Duties
The Constitution of India provides a list of Fundamental Duties that every citizen of India is expected to follow. These duties were added as part of the 42nd Amendment to the Constitution in 1976, and are aimed at developing a sense of responsibility among citizens towards their nation. The Fundamental Duties include:
1. To abide by the Constitution and respect its ideals and institutions, the National Flag, and the 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 so.
5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; 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 environment including forests, lakes, rivers, wildlife and to have compassion for living creatures.
8. To develop the scientific temper, humanism and the spirit of inquiry and reform.
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
The Union and Its Territories
The Union of India consists of 29 States and 7 Union Territories. The Constitution of India provides a federal structure with a strong central government. Each state has its own government, which is responsible for the governance of the state. The Union government is responsible for the governance of all the states and union territories.
The seven union territories are: Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Lakshadweep, National Capital Territory of Delhi and Puducherry. These union territories are administered directly by the Central Government through an Administrator appointed by the President.
The 29 states are: Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, Uttarakhand and West Bengal.
Each state is divided into districts or talukas which are further divided into tehsils or villages. A village is the smallest administrative unit in India. This system is used to govern the local population. The local government bodies such as Panchayats take care of the administration of villages.
Citizenship
Citizenship is a fundamental concept in the Constitution of India. It is defined as the status of a person being a citizen of India by law. Article 5-11 of the Constitution of India deals with Citizenship.
As per the Constitution, any person who was born in India before 26th January 1950, or domiciled in India at the commencement of the Constitution, or migrated to India from Pakistan is a citizen of India. The Citizenship Act, 1955, further provides for the acquisition and termination of Indian citizenship.
The Act provides three modes through which a person can acquire Indian citizenship:
1. By birth: Any person born in India on or after 26th January 1950, but before 1st July 1987, is a citizen of India by birth. Those born on or after 1st July 1987 are citizens if either of their parents is a citizen of India at the time of their birth.
2. By descent: Any person born outside India on or after 26th January 1950 but before 10th December 1992 is a citizen of India by descent if his/her father was a citizen of India at the time of their birth.
3. By registration: Any person who does not fall in either of the above categories may apply for registration as an Indian citizen under section 5 or section 6 of the Citizenship Act, 1955.
The Act also provides for termination of Indian citizenship. This includes renunciation of Indian citizenship by any person above 18 years of age, making an application for renouncing their Indian citizenship and taking up the citizenship of another country. Additionally, any citizen of India who by naturalization, registration or otherwise voluntarily acquires or has at any time between 26th January 1950 and 10th December 1992 voluntarily acquired the citizenship of any other country is liable to lose their Indian citizenship.
Schedules of the Constitution
The Constitution of India is divided into different parts, which contain various articles related to different aspects of the country. Along with the main body of the Constitution, there are also numerous Schedules which act as an annexure to the Constitution and provide further details about various matters.
The Schedules are divided into four categories - A, B, C and D. Schedule A contains information on the allocation of seats in the Rajya Sabha, while Schedules B and C deal with the conditions of service of public servants, including members of parliament and state legislatures. Schedule D covers the powers of certain officers.
Schedule A also contains a list of all States and Union Territories in India. Schedules B and C include details on the salaries and allowances for public servants, as well as information on pensions, gratuities and other benefits.
Schedule D deals with the appointment and removal of public servants, as well as their disciplinary proceedings. This Schedule also lists out the powers and functions of the President and Governors in each state.
In addition, the Constitution also contains Schedules that list out various important documents such as the National Flag, National Anthem and National Song. These Schedules also contain detailed information on symbols such as the State Emblem and National Emblem.
Overall, the Schedules of the Constitution provide important information related to various aspects of the Indian Constitution. They offer additional details which supplement the main body of the Constitution, helping to ensure that citizens can have access to all the information they need in order to understand the legal framework of India.
Amendments to the Constitution
The Constitution of India has been amended more than 100 times since it was first adopted in 1950. Amendments are meant to make changes or additions to the constitution in order to meet changing needs and circumstances. Amendments can be initiated either by the parliament or by a national referendum.
The Parliament of India may initiate an amendment to the Constitution under Article 368. This article states that any amendment made must be approved by a majority of the total membership of each House and by a majority of not less than two-thirds of members present and voting in each House. The amendments must also be ratified by the legislatures of at least half of the states.
The Indian Constitution is a living document and can be amended when necessary. There have been several important amendments over the years, including those related to citizenship, fundamental rights, Schedules, federalism, and so on. Some important amendments include:
• The First Amendment Act of 1951: This Act enlarged the scope of Fundamental Rights by adding new grounds for reasonable restrictions on their exercise and inserted Articles 31A and 31B, which protected certain laws from challenge on grounds of violation of Fundamental Rights.
• The Seventh Amendment Act of 1956: This Act increased the number of Schedules from seven to nine and added more than 200 entries to the Union List, giving the central government greater power.
• The Twenty-Sixth Amendment Act of 1971: This Act abolished the right to property as a fundamental right and added it to the list of legal rights, thus making it easier for governments to acquire private land for public purposes.
• The Forty-Second Amendment Act of 1976: This Act made sweeping changes to the basic structure of the Indian Constitution, including alterations to its Preamble, the introduction of a new directive principle, and changes to fundamental rights.
• The Ninety-Third Amendment Act of 2006: This Act allows reservation in educational institutions run by private players receiving government aid.
• The One Hundredth Amendment Act of 2015: This Act established a Goods and Services Tax (GST) for India, bringing together multiple taxes into one unified tax system.
Amendments to the Constitution are an important part of how India evolves with time. It helps keep our Constitution up to date with current trends and needs. As the country grows and develops, we need to ensure that our Constitution keeps up with these changes, which is why amendments are necessary.
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