The features of our Constitution

The Preamble to the Constitution

The Preamble is an Introduction to the Constitution. It highlights the vision the constitution was made on and outlines the constitution’s objectives.

The Nature of State

The constitution of India describes India to be a Socialist, Secular, Sovereign, Democratic, and Republic Nation. The words “Socialist” and “Secular” were inserted in the 42^nd Amendment in 1976. Here are what these words Mean:

·         Socialist – A Socialist Nation ensures Economic and Social Equality for all its citizens. India does this by equally distributing the nation's resources among states.

·         Sovereign – A Sovereign country is a country that is not under external control. India is Sovereign as it can make its own laws for its citizens and can have its own foreign policy.

·         Secular – The government of India treats every religion equally and allows every citizen to follow through with their religious practices unless it violates someone's fundamental rights. It ensures that people with different religions can still get equal opportunities.

·         Democratic – The word democratic means ‘Abiding by the principles of Democracy’. A country that is headed by a person who is elected by the people is a democracy. In India, any citizen above the age of 18 who is sound of mind and not have a criminal back record can vote in the election. The people of the nation elect representatives who they believe can voice out their ( the people's) opinions. The representative is directly accountable to the people.

·         Republic – The Country of India became a Republic on the 26^th of January 1950. A Republic Nation is a Nation whose ‘Head of State’ is not a Monarch, but a person elected. The ‘Head of State’ in India is the President who is Indirectly elected by the citizens of India. The President is elected by the representatives chosen by the Citizens.

Federal Government

The Constitution of India envisions the country as a ‘Union of States’ with a federal form of government. This means that the powers of the government are split at the Central / Union and state level.

·         The Central / Union Level works on things for the country. It Covers things on the Union List. This list covers topics such as Defense, Finance, and Foreign Affairs. The Prime Minister is the Executive Head of the Government while the President is the Nominal Head.

·         The State Level works on things for the state. It covers things on the state list such as Health, Agriculture, etc. The Governor is the Nominal Head while the Chief Minister is the head of the government.

·         The Concurrent list is a list that both the state and union government can work on. This list covers topics such as Education, labor, etc. If there is a dispute on the course of Action on topics in this list, the decision made by the central head is followed.

Importance of Secularism

Secularism is the Separation of  Religion from the functioning of a state. To Understand the importance of Secularism, we must understand the problems of a Theocracy ( A country that is governed by religious beliefs / religious institutions ). In a Theocracy, the government may expel, punish, or discriminate against people of other religions. They may also control what people wear, eat, learn, and the media. They also may violate certain fundamental rights under the name of religious beliefs/practices. The authors of the constitution identified the importance of secularism and added it to our constitution making it a bedrock principle in the governance of the country.

The Objectives of State

As Defined in the Preamble, the objectives of the state are to give every citizen the right to Justice, Liberty, Equality, and Fraternity. Here is what each of them means:

·         Justice – The Constitution of India gives every citizen what they are entitled to by establishing an equitable and just society.

·         Equality – The Constitution of India Guarantees every citizen Equality irrespective of their Race, Caste, Religion, Gender, Place of Birth, etc.

·         Liberty –  Liberty means Freedom. The constitution of India Gives the nation's citizens the freedom to Religion, Speech, Travel ( Within the country ), the Formation of Religious Institutions, etc.

·         Fraternity – Fraternity or Universal Brotherhood is important in a diverse country like India as each of its citizens has various beliefs and to respect it and not discriminate against it the Promotion of Universal Brotherhood is Important.

Fundamental Rights

The Constitution of India guarantees every citizen the right to dignity, peace, and Harmony. The rights that ensure this are known as fundamental rights. They are covered in Part III of our constitution. These rights are safeguarded by the Judiciary body of our constitution. If any of these rights are violated, a citizen can directly proceed to a court of law. The constitution of India Provides Citizens with Seven Fundamental Rights. They are:

·         The Right To Freedom – The constitution of India Guarantees every citizen the freedom of:

o   Speech and Expression

o   Form Associations and Unions

o   Assemble Peacefully Without Arms

o   Travel Anywhere within the country

o   Settle/reside anywhere within the country

o   Practice Any Occupation

However, a state may limit these rights if it disrupts public order to protect the sovereignty of the nation.

·         The Right to Freedom of Religion – The Right to Freedom of Religion Provides every citizen the ability to:

o   Every Citizen has the Right to practice any religion without the interference of any government.

o   Every Religion is allowed to form Religious Institutions

o   A state-run educational body can not impose any religion on the students

·         The Right to Education – The right to education guarantees every child over six and under fourteen years of age free education in government schools.

·         The Right to Equality – The Constitution guarantees every citizen equality in front of the law irrespective of their race, caste, gender, economic or social status, religion, etc. This means that whether it is the prime minister or a common person, both are equal in the eyes of the law. This is defined in Article 17 which abolishes untouchability and means of its practice. It also limits the titles the nation can give to its citizens to only military and educational titles.

·         The Right Against Exploitation – This right prevents forced labor and child labor. It comes under articles 23 and 24 of the constitution. It ensures that children under the age of 14 can not work in hazardous jobs such as mining, factories, etc.

·         The Right to Culture and Education – India is a diverse country with many minorities and to protect these minorities' speech, script, language, etc, the constitution allows them to form and administer their own educational institutions.

·         The Right to Constitutional Remedies – The Right to constitutional remedies aims to resolve the violations against a citizen's fundamental rights. It allows citizens whose rights are being violated to directly go and appeal to the Supreme Court which can offer them protection and issue orders/writs for the enforcement of their fundamental rights.

The Fundamental Rights have many significant qualities such as:

·         They Lay down Foundations for a Just and Equitable Society.

·         They ensure the safety and liberty of all citizens.

·         They promote the spirit of secularism.

·         Safeguard The interests of minorities.

Directive Principles of State Policy

The Directive Principles of State Policy are the Guidelines and frameworks laws and policies can / should be made on. They are defined in Part IV of our constitution and ensure the development, justice, and welfare of all economic, social, and political groups. However, Unlike fundamental rights are not enforceable and are just suggestions.

Fundamental Duties

The Fundamental Duties of a citizen of India are also Defined in the constitution and were added to the constitution in the 42^nd Amendment in 1976. They protect the nation and aim to unite the citizens. The fundamental Duties of a Citizen in India is to:

·         Respect and abide by the ideals of the Constitution, the national anthem, and the National flag.

·         Render National Service when Called Upon.

·         Safeguard Public Property.

·         Protect the Natural Environment.