Why in the news?

Debates around constitutional values, judicial review, Article 370, and recent constitutional amendments have once again brought the Indian Constitution to the centre of national discussion.

From Colonial Rule to Constitutional Democracy

Before Independence, India was governed under the Government of India Act, 1935, enacted by the British Parliament. It came into effect in 1937 and functioned under the sovereignty of the British Crown.

On 26 January 1950, the Constitution of India came into force, replacing colonial rule with a sovereign democratic republic. It became the supreme law of the land.

The Constitution promotes the Rule of Law, which means:

• No one is above the law.
• Government actions must follow legal procedures.
• Courts can review and strike down unconstitutional laws.

The Preamble: Soul of the Constitution

The Preamble declares India to be a Sovereign, Socialist, Secular, Democratic Republic.

• It reflects the will of “We, the People of India.”
• Though not enforceable in court, it guides interpretation of the Constitution.
• It expresses goals like Justice, Liberty, Equality and Fraternity.

It represents India’s collective aspiration for Swaraj (self-rule).

Federal Structure with a Strong Centre

India has a federal structure, meaning powers are divided between:

• Union Government, and
• State Governments

However, unlike the United States, Indian States do not have separate constitutions (except the earlier special status of Jammu and Kashmir before 2019).

Key features:

• Single Citizenship for the entire country.
• A strong Centre with greater legislative and financial powers.
• A single integrated judiciary.

Judicial Review and Basic Structure Doctrine

The Supreme Court has declared Judicial Review as part of the Basic Structure of the Constitution.

Judicial Review means courts can examine whether a law violates the Constitution.

In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court evolved the Basic Structure Doctrine, stating that Parliament cannot amend features such as:

• Supremacy of the Constitution
• Rule of Law
• Judicial Review
• Federalism
• Fundamental Rights

Even constitutional amendments can be struck down if they damage the basic structure.

Fundamental Rights and Directive Principles

• Articles 12 to 35 guarantee Fundamental Rights, including:
  • Right to Equality
  • Right to Freedom
  • Right to Constitutional Remedies (Article 32)
• Directive Principles of State Policy (Part IV) guide the State in promoting social and economic justice.

Fundamental Rights are enforceable by courts, while Directive Principles are non-justiciable but fundamental to governance.

Key Amendments and Developments

• The Constitution has been amended 106 times.
• The 42nd Amendment (1976) strengthened centralisation during the Emergency.
• The 44th Amendment (1978) restored democratic safeguards.
• The 106th Amendment (2023) provides one-third reservation for women in legislatures.
• The Jammu and Kashmir Reorganisation Act, 2019 led to the abrogation of Article 370, upheld by the Supreme Court in 2023.

Contemporary Concerns

While India remains a constitutional democracy, debates continue regarding:

• Balance between executive power and constitutional values.
• Protection of minority and civil rights.
• Preservation of federal principles.

The Constitution remains a living document, evolving through judicial interpretation and democratic practice.

Exam Hook

Key Takeaways

• Indian Constitution ensures rule of law and judicial review.
• Basic Structure Doctrine limits Parliament’s amending power.
• Federal system with strong Centre and single citizenship.
• Fundamental Rights are core to democratic governance.

Mains Question

“Discuss the significance of the Basic Structure Doctrine in preserving constitutional democracy in India.”

One-line wrap:
The Indian Constitution is not merely a legal text but the living conscience of India’s democracy, balancing power, rights and responsibility.

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