In India, constitutional law refers to the body of laws, principles, and rules derived from the Constitution of India. The Constitution of India is the supreme law of the country and came into effect on January 26, 1950. It lays down the framework for the organization, functioning, and governance of the Indian state. Here are some key features and aspects of constitutional law in India: Preamble: The Preamble of the Indian Constitution sets out the basic ideals and objectives of the Indian state, which includes justice, liberty, equality, and fraternity. Fundamental Rights: Part III of the Indian Constitution guarantees fundamental rights to its citizens. These rights include the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and the right to constitutional remedies. Directive Principles of State Policy: Part IV of the Indian Constitution contains Directive Principles of State Policy. These principles are not enforceable by courts but serve as guidelines for the government to achieve social, economic, and political justice in the country. Separation of Powers: The Indian Constitution follows the principle of separation of powers, with a clear demarcation between the legislature, the executive, and the judiciary. Federal Structure: India has a quasi-federal system of government with a division of powers between the central government and state governments. The Constitution clearly defines the distribution of powers and responsibilities between the two. Parliamentary System: India follows a parliamentary form of government with the President as the ceremonial head of the state and the Prime Minister as the head of government. Judicial Review: The Indian judiciary has the power of judicial review, allowing it to interpret the Constitution and review the constitutionality of laws and government actions. Amendment Process: The Constitution provides for its amendment through a specific process. Some provisions require a simple majority, while others need a special majority or the ratification of at least half of the state legislatures. Emergency Provisions: The Indian Constitution has provisions for emergencies, allowing the central government to take extraordinary measures in case of threats to the nation's security, integrity, or stability. Fundamental Duties: Part IV-A of the Constitution specifies fundamental duties for citizens, which are moral and civic obligations that citizens are expected to follow. These are just a few highlights of the constitutional law in India. The Indian Constitution is a comprehensive and dynamic document that has been amended several times since its adoption to reflect the changing needs and aspirations of the Indian society. The Supreme Court of India plays a crucial role in interpreting and upholding the constitutional principles, ensuring the rule of law and protecting the rights of citizens.
Answer By Ayantika MondalDear client, The Constitution of India lays down an important framework that demarcates the structure of the political system, powers, and duties of government institutions and gives the people their fundamental rights and duties towards the country. The main aim of the constitution is to protect the fundamental rights of the people. On 26 November 1949, the constitution was adopted by the Constituent Assembly of India. Although it came into effect on 26 January 1950. Since the constitution was created by the constituent assembly it communicates constitutional supremacy rather than parliamentary supremacy. The Constitution of India from start to end is made by the Indians only. It replaces the Government of India Act 1935 and functions as the country’s fundamental governing document. The constitution declares India a sovereign, socialist, secular, and democratic republic. It ensures that all the citizens of this country will get equality, liberty and justice. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.
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