PILLARS OF THE [Document subtitle]

GOVERNMENT
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INTRODUCTION

The Indian Constitution, which was approved by the Constituent Assembly on

November 26, 1949, and took effect on January 26, 1950, governs the Republic. The

Constitution establishes a parliamentary form of government with some unitary

characteristics and a federal framework. The Indian Constitution is the country's highest

law. Based on the concept put out by M.N. Roy, the text establishes the framework that

defines the fundamental political code, structure, procedures, powers, and duties of

governmental institutions as well as the fundamental rights, guiding principles, and

obligations of citizens. It is the world's longest-written national constitution.

ORIGIN

The word "constitution" originally meant "established law or custom" in 14th-century

English. It derives from the Latin constitutus, the past tense of the word constituere,

which means "to set up," and is based on the prefix com- ("with, together, jointly") and

the verb statuere ("to set or place").Dr. B.R. Ambedkar is largely acknowledged as the

father of the Indian Constitution. He was selected by the Assembly to create India's new

Constitution and was given the title of Chairman of the Constitution Drafting

Committee on August 29.

FRAMING OF INDIAN CONSTITUION

Dr. B.R. Ambedkar is largely acknowledged as the father of the Indian Constitution.

He was selected by the Assembly to create India's new Constitution and was given

the title of Chairman of the Constitution Drafting Committee on August 29.

MAKING OF CONSTITUENT ASSEMBLY

Constituent assembly was first suggested by M.N. Roy in 1934. Elections were held

later as part of the Cabinet Mission Plan of 1946 to create a constituent parliament. A

constitution for an independent India was to be drafted by the Constituent Assembly.

Members of the Constituent Assembly were selected from the provincial legislatures

in 1945–1946 rather than being elected using the universal adult franchise. Because

they desired a separate constitution for Pakistan, the Muslim League boycotted the

Constituent Assembly. People in India were allegedly encouraged to evaluate what

needs to be changed for betterment and offer their comments to officials in order to

foster a sense of engagement. Many linguistic minorities were vigilant in defending

their mother tongues, while dalits wanted an end to caste persecution and all seat

reservations. Religious minority desired further protections. These public talks

highlighted issues like social fairness and cultural rights, which were also discussed

on the Assembly floor.

PREAMBLE

The Preamble, which is Latin for "preface" or "introductory part," is the first of its sort

to appear at the beginning of the United States Constitution. It captures the core or gist

of the whole Constitution. The longest written constitution in the world, the Indian

Constitution, heavily relies on its preamble. It was based on the Objective Resolutions,

which were developed and submitted by Jawaharlal Nehru, the country's first prime

minister after independence, and which the Constituent Assembly unanimously

approved and adopted. Since its creation, it has only been modified once. The 42nd

Amendment, passed in 1976, amended it by adding the three terms socialist, secular,

and integrity. Due to its lofty structure, the Preamble of the Indian Constitution is

appropriately referred to as a synthesis of ideas and ideologies. It demonstrates three

characteristics that are exemplary in nature: the Constitution's source of authority, the

structure of the Indian state, and its goals. In addition to demonstrating its own

exemplary nature, it has also made the Indian Constitution significantly better than

those of other nations. Preamble declares India to be a sovereign, socialist, secular and

democratic republic.

SOVEREIGN

It suggests that neither India nor any other country is a dependent region or a dominion

over it. It is made very clear that India is an independent country. It's interesting to note
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that India is one of the few nations that have fully broken free from European colonial

hegemony. Although it holds full memberships in organisations like the United Nations,

the Commonwealth, and others, our Constitution's Preamble declared that these

affiliations will not in any way limit its sovereignty.

SOCIALIST

Our Constitution already contained a socialist perspective through the Directive

Principles of State Policy before the 42nd Amendment was passed in 1976. In other

words, the formerly implicit substance is now made clear. It unmistakably reflected the

socialistic social structure that the Congress party adopted as one of its central tenets.

Our form of socialism is democratic rather than communist or state-run, which will

definitely lead to totalitarianism. To summarise the viewpoint of Indian Socialism as it

is expressed in the Preamble, it can be thought of as a synthesis of Marxist and

Gandhian ideology that seeks to eradicate poverty, illiteracy, sickness, and inequality.

Ours is the view that is adamantly committed to the harmonious coexistence of the

public and private sectors.

SECULAR

Through the 42nd Constitutional Amendment, which was passed in 1976, this was also

added to the Preamble. There can be no doubt that those responsible for creating our
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Constitution intended to create such a state, as the Supreme Court of India has made

clear on numerous times. Even though there are many misconceptions about the

secularism practised by the Indian people, there are many important reasons for us to be

quite proud of it. Indian secularism is entirely distinct from its western equivalent. It

represents a positive view of secularism that holds that all religions in the nation,

regardless of their influence, have a right to the same status and government support.

Compared to the western form of secularism, where religion and politics are to be kept

separate, this appears to be more inclusive.

DEMOCRATIC

Because it explicitly calls for a democratic democracy, the Preamble of our Constitution

is a model of its sort. The idea that the people of the land hold the supreme power is the

foundation of this concept. The Indian Constitution's framers did a fantastic job of

enshrining the term "democratic," which allows for indirect democracy that is

representative and parliamentary in essence. It has clearly supported the coexistence and

independence of the Executive, the Legislature, and the Judiciary—the three pillars of

democracy. Evidently, it has also highlighted the civil government's dominance over the

military system. Other admirable examples of the democratic nature of the Indian polity

are the collective responsibility of the government to the legislature, the universal adult

franchise, regular elections, the rule of law, and zero tolerance for discrimination in any

form.
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REPUBLIC

There are two types of democratic polities: monarchies like Japan and the United

Kingdom and republics like the United States and India. The role of head of state is

hereditary in constitutional monarchies, such as those in Britain, Japan, and other

nations. But in a Democratic Republic, the ruler is directly or indirectly chosen for a

certain term. The President of the United States, who serves as the head of state, is

chosen directly by the electorate. It is, in other words, a form of presidential democracy.

In India, the elected members of both the Parliament and the State Legislatures elect the

President, who serves as the head of state. It can be described as parliamentary

democracy, in other words.

FUNDAMENTAL RIGHTS

All Indian citizens have access to certain fundamental liberties that are protected by the

constitution in the form of six major categories of fundamental rights, both individually

and collectively. The six fundamental rights include the Right to Equality, Right to

freedom, Right against exploitation, Right to freedom of Religion, Cultural and

Educational Rights and Right to constitutional Remedies.

Originally Right to property (Article 31) was also included in the Fundamental Rights.
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RIGHT TO EQUALITY

The Constitution says that the government shall not deny to any person in India equality

before the law or the equal protection of the laws. It means that the laws apply in the

same manner to all, regardless of a person’s status. This is called the rule of law.

Rule of law is the foundation of any democracy. It means that no person is above the law.

There cannot be any distinction between a political leader, government official and an

ordinary citizen.

RIGHT TO FREEDOM

The Indian Constitution protects the right to freedom as a fundamental freedom. All

citizens now have the freedom to live and work wherever on Indian soil because to this

right. The constitution also safeguards people's rights from arbitrary state action.

RIGHT AGAINST EXPLOITATION

Once the right to liberty and equality is granted, it follows that every citizen has a right

not to be exploited. Yet the Constitution makers thought is was necessary to write down

certain clear provisions to prevent exploitation of the weaker sections of the society. The

Constitution mentions three specific evils and declares these illegal. First, the
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Constitution prohibits ‘traffic in human beings’. Traffic here means selling and buying of

human beings, usually women, for immoral purposes. Second, our Constitution also

prohibits forced labour or begar in any form. Begar is a practice where the worker is

forced to render service to the ‘master’ free of charge or at a nominal remuneration.

When this practice takes place on a life-long basis, it is called the practice of bonded

labour. Finally, the Constitution also prohibits child labour. No one can employ a child

below the age of fourteen to work in any factory or mine or in any other hazardous work,

such as railways and ports. Using this as a basis many laws have been made to prohibit

children from working in industries such as beedi making, firecrackers and matches,

printing and dyeing.

RIGHT TO RELIGIOUS CULTURAL AND EDUCATIONAL RIGHTS

Articles 29 and 30 of the Indian Constitution protect the rights to cultural and educational

freedom. According to Article 30 of the Indian Constitution, all minorities (religious or

linguistic) are entitled to establish and manage educational institutions of their choice.

RIGHT TO CONSTITUTIONAL REMEDIES

Every citizen in India has the right to constitutional remedies, including equality before

the law and equal protection of the laws, as guaranteed by Articles 226 and 32 of the
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Indian Constitution. By submitting a Writ Petition to the High Courts and the Supreme

Court of India, this privilege is frequently exercised in India.

RIGHT TO PROPERTY

Indian citizens have the freedom to own, use, dispose of, and donate their legally

acquired goods under Article 17 of the constitution. No one's possessions may be taken

away from them unless it is in the public good or under legal circumstances.

STRUCTURE OF GOVERNMENT OF INDIA

India's complex and diversified political system demonstrates the country's dedication to

democracy, federalism, and the rule of law. This framework, which has its origins in the

Indian Constitution, which took effect on January 26, 1950, aims to guarantee the fair

allocation of power, the representation of different interests, and the defence of

fundamental rights. The Indian government is fundamentally a federal parliamentary

democratic republic, with the central government delegating authority to several states

and union territories. This structure is characterized by three distinct branches of

government: the Executive, the Legislative, and the Judicial. Each of these branches has

specific roles and functions that contribute to the functioning of India's democratic

governance.
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EXECUTIVE BRANCH

1. PRESIDENT : The ceremonial head of state who represents India internationally and

approves bills before they become law.

2. PRIME MINISTER : The head of government, appointed by the President, who leads

the executive branch and exercises real executive power.

3. COUNCIL OF MINISTERS : Comprising various ministers, each headed by a

minister, responsible for specific areas of governance.

LEGISLATIVE BRANCH

The Republic of India's highest legislative body is the Indian Parliament. The Rajya

Sabha (Council of States) and the Lok Sabha (House of the People) are its two houses.

The Indian President is a crucial member of the Parliament. These three parts together

make up the Indian Parliament, which is in charge of formulating and approving

legislation, debating public policy, and representing the national interests of India.

The Rajya Sabha, often referred to as the Council of States, is one of the two houses of

the Indian Parliament. It represents the federal structure of the country and serves as the

upper house. The Lok Sabha, also known as the House of the People, is one of the two

houses of the Indian Parliament.

STATE LEGISLATURE : State legislatures in India are the legislative bodies responsible

for making laws at the state level. Each state in India has its own legislature, consisting of

two houses: the Vidhan Sabha (Legislative Assembly) and the Vidhan Parishad

(Legislative Council) in some states. The Vidhan Sabha, also known as the Legislative

Assembly, is the lower house of the state legislature in India. Each state in India has its

own Vidhan Sabha. The upper house of the state legislature in India is called the Vidhan

Parishad, commonly referred to as the Legislative Council. A Vidhan Parishad only exists

in a few states; it does not exist in all states.

JUDICIAL BRANCH

SUPREME COURT : The Indian Supreme Court is the highest court in the legal system

of the nation, and it is crucial to maintaining justice, defending the Constitution, and

defending the rights and liberties of its residents. The Supreme Court of India was

established in accordance with Part V, Chapter IV of the Indian Constitution. The

Government of India Act, 1935, which created an Indian Federal Court, is where the

Supreme Court got its start. The Supreme Court was officially established, nevertheless,

with the promulgation of the Indian Constitution on January 26, 1950. The Supreme

Court is known as the "sentinel of the Constitution" due to its crucial role in interpreting

and defending the Constitution, according to Dr. Rajendra Prasad, the first President of

India. The primary function of the Supreme Court is to interpret and protect the
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Constitution. It ensures that all laws and actions of the government are in compliance

with the Constitution.

HIGH COURT : The Indian High Courts play a vital role in the country's legal system by

serving as essential go-betweens for subordinate courts and the Supreme Court. These

courts, which were constituted in accordance with Part VI, Chapter V of the Indian

Constitution, are the principal judicial institutions in the states and union territories in

which they are located. This essay explores the composition, duties, and significance of

the Indian High Courts. The Indian High Courts Act of 1861, which established High

Courts in the three presidencies of Calcutta, Bombay, and Madras, is credited with laying

the groundwork for high courts in India. The Indian Constitution established High Courts

in various states following India's independence in 1947. There are currently 25 High

Courts in India, each with a distinct geographic jurisdiction. Hearing and deciding

appeals against the decisions and orders of inferior courts under their authority is one of

the High Courts' main responsibilities. High Courts have original jurisdiction to hear

cases involving significant issues, including constitutional matters, civil suits above a

specified value, and cases against public officials.

DISTRICT COURT

These courts are essential to the administration of justice since they are the main trial

courts in the Indian legal system. This essay examines the composition, duties, and

importance of Indian district courts.

The colonial era is when India's district courts were first established. District Courts were

established in India as part of the British administration's introduction of an organised

legal system. India kept up and expanded its district court system after achieving

independence in 1947. Today, the nation is home to hundreds of District Courts. District

Courts have the authority to hear and decide both civil and criminal cases. They handle a

wide range of cases, including disputes related to property, contracts, family matters, and

criminal offenses.
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