The Constitution of India is the supreme law of India. It establishes the framework that defines the fundamental political principles, establishes the structure, procedures, powers and duties of governmental institutions and establishes fundamental rights, management principles and the duties of citizens. It is the longest written constitution of any sovereign country in the world. The nation is governed by it. B. Ambedkar R. is considered as its chief architect.
It embodies constitutional supremacy and not parliamentary supremacy, since it is not created by Parliament, but by a constituent assembly and adopted by its people, with a declaration in its preamble. Parliament can not override the Constitution.
It was adopted by the Constituent Assembly on 26 November 1949 and entered into force on 26 January 1950. With its adoption, the Union of India became the modern and contemporary republic of India which replaced the Government Act of India, 1935, document. To ensure constitutional autochthony, the authors of the constitution repealed the earlier laws of the British Parliament through article 395 of the Constitution. India celebrates its entry into force on January 26 of each year, as Day of the Republic.
It declares that India is a sovereign, socialist, secular and democratic republic, which assures its citizens of justice, equality and freedom, and strives to promote brotherhood among them. Most of the Indian subcontinent was under British rule from 1857 to 1947. When the Constitution of India came into force on January 26, 1950, it revoked the Indian Independence Law. India ceased to be a domain of the British Crown and became a democratic and sovereign republic. The date of January 26 was chosen to commemorate Purna Swaraj's declaration of independence of 1930.
Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393 and 394 of the Constitution entered into force on November 26, 1949 and the remaining articles January 26, 1950.
The constitution and government
Governance institutions: the Parliament, the President, the Judiciary, the Executive Branch, etc. Obtain their power from the Constitution and are bound by it. [38] With the help of the Constitution, India is governed by a system of parliamentary government with the executive directly responsible to the legislature. It is established that there will be a President of India who will be the head of the executive, under articles 52 and 53. The duty of the President is to preserve, protect and defend the constitution and law under article 60 of the Indian Constitution. Article 74 stipulates that there shall be a Prime Minister as head of the Union's cabinet to assist and advise the President in the performance of his constitutional duty. The cabinet of the Union is collectively responsible to the House of Peoples by Article 75 (3).
The Constitution of India is federal in nature but unitary in spirit. The common characteristics of a federation such as the written constitution, the supremacy of the Constitution, the rigidity of the Constitution, two governments, the division of powers, bicameralism and the independent judiciary, as well as unitary characteristics such as the Single Constitution, , The integrated judiciary, the flexible constitution. Center, the appointment of the state governor by the Center, All Indian Services, Emergency Provisions, etc. can be seen in the Constitution of India. This unique combination makes it almost federal in its way.
Each state and each territory of the Union of India has its own government. Like the President and the Prime Minister, each has a Governor (in the case of States) or a Lieutenant Governor (in the case of Union Territories) and a Chief Minister. Article 356 authorizes the President to dismiss a state government and assume direct authority when a situation arises in which the State Government can not be carried out in accordance with the provisions of the Constitution. This power, known as the president's rule, was abused earlier, as state governments became dismissed for the weakest motives, and more because of the party's political bewilderment in power at the center. After the Bommai ruling, this course of action has become quite difficult, since the courts have affirmed their right to review it. As a result, very few state governments have since been dissolved.
The Amendment Act 73 and 74 also introduced the Panchayati Raj system in rural areas and the Municipality in urban areas. In addition, article 370 of the Constitution gives a special status to the State of Jammu and Kashmir.
