Introduction
To understand the Indian constitution, you must have to learn about Indian democracy. Democracy is a form of government where power is distributed in the hands of the people. in the sense of power, citizens have the right to vote and can choose their leader.
India is the world’s largest democracy. Democracy in India is a vibrant and dynamic system that ensures political representation and participation. India has a parliamentary system that consists of two houses Lok Sabha and Rajya Sabha, Lok Sabha members are elected by the people directly and the members of the legislative assembly elect Rajya Sabha members.
the constitution of India gives us a preamble. now what is a preamble? a preamble is a justification of a particular act or statute a preamble is a lawful justification of its object and aim toward the people of its country. the preamble of the constitution of India states ‘We the people of India, having solemnly resolved to constitute India into a [sovreign socialist secular democratic republic] and to secure all its citizen’s justice, social, economic, and political; Liberty of thought, expression, belief, faith, and worship; equality of status and of opportunity; and to promote among them all, fraternity assuring the dignity of the individual and the[unity and integrity of the nation]; in our constituent assembly this twenty-sixth day of November 1949, do hereby adopt, enact and give to ourselves this constitution.’
Constitutional provisions related to indian democracy, election dynamics and governance structure
Article (12 to 35)-part three of the constitution deals with fundamental rights.this part starts with article 12 and ends with 35.A-12 says that the word STATE will include goverment of India, parliament of India, state legislature, any local authority and any other authority under the control of government of India.A-13 gives us protection to prevent making any law against fundamental rights.A-14 provides equality for all.A-15 no discrimination on grounds of religion, race, caste, sex, or place of birth.A-16 equal oppartunity in public employement.A-17 the concept of untouchablity is prohibited.A-18 deals with the title, you can not obtain any title from foreign country.A-19(a,b,c,d) provides freedem of speech and expression, everyone can assamble peacefully, everyone can form/make association and co-operative societies, everyone can move freely throughout the territory of India, you can reside in any part of India, and you can practice any profession in India.A-20 gives us protechtion against conviction that is no one can get convicted under a law which is not came into action, you can not be punished twice for same offence, no one is bound to give a statement which can be used against him.A-21 fundamental right on life and personal liberty, it’s include right to shelter, right to water and electricity, right to medical aid etc.A-21a right to education for children under six to fourteen years.A-22 Protection against arrest and detention in certain cases.A-23 Prohibition of traffic in human beings and forced labour.A-24 prohibition child labour.A-25-28 deals with right to practice any religion, freedom to manage religious affair, no tax for religious promotion, freedom to attaint any religious function, you are not bound to do, you can attaint or leave anytime.A-29 protection of minorities and right to admission in any educational institution.A-30 minorities have right to establish educational institution.A-31a protection of land aquisition.A-31b any act in schedule xi can not be challenged.A-31c article 39 can override A-14,19.A-32 writ petition. A-33 restriction on fundamental rights for armed forces. A-34 martial law may apply to the citizens, which can cause restriction on fundamental rights for citizens.A-35 exclusive rights to the legislation to make changes in this part.
Directive principles of state policy are constitutional directions to the states to ensure their citizen’s fundamental rights. A-36 is the same as A-12. A-37 directive principles of state policy can not be enforceable in court. A-38 direction to keep social order. A-39 certain provisions to be followed by the state to avail adequate resources. A-39a free legal aid by state. A-40 basics about panchayat. A-41,42,43,43a right to work, education, and public assistance.maternity relief. living wage. participation of workers in management. A-43b corporate society. A-44 uniform civil code. A-45 education of children under age 0-6 by state. A-46 to promote educational and economic interests of sc/st/bc by state. A-47 no compromise on public health by state. A-48 to look at agriculture and animal husbandry. A-48a protection of wildlife and environment. A-49 protection of monuments on national interest. A-50 executive and judiciary to be separated. A-51 international peace.
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To deepen your understanding of the legal framework in India, we also recommend reading our insightful article, “How Laws Are Made in India?”. This post provides a detailed overview of the legislative process in India, complementing your knowledge on various legal principles and the formation of laws.
A-79 parliament consists of Lok Sabha, Rajya Sabha, and the president. A-80 composition of Rajya Sabha, the president can nominate twelve members having special knowledge of literature, science, art, and social service, members of Rajya Sabha shall be elected by the members of the state legislative assembly and members of Rajya Sabha from the union territory shall be elected by parliament by making any law prescribe. The number of members of the Rajya Sabha from state and union territory shall not exceed 245. A-81 composition of Lok Sabha, members of Lok Sabha are directly elected from state constituency, the number of members can not exceed more than 543, and not more than 12 members from union territories. A-82 re-adjustment of Lok sabha members. A-83 duration of Lok Sabha and Rajya Sabha members. A-84 qualification for MP. A-85 president can summon both houses to meet. Between two meetings there must be a six-month gap. A-86 president has a right to address and message both houses of the parliament. A-87 special address by the president. A-88 every minister and attorney general of India shall have the right to speak in and sit in any joint sittings between the houses. A-89 vice president is the ex-officio chairman of the Council of States and the Council of States shall choose a deputy chairman. A-123 president can pass bills when parliament is not in session. A-121 parliament can not interfere in matters of judges. A-122 court can not interfere in matters of parliament.
A-168 for every state there should be a legislature that consists of a governor and two houses are legislative council and a legislative assembly, only Andhra Pradesh, Bihar, Maharashtra, Karnataka, Telangana, and Uttar Pradesh have two houses. A-170 the legislative assembly of each state shall consist of not more than 500 and not less than 60 members elected directly from the state constituency. A-171 the members of the legislative council shall not exceed one-third of the members of the legislative assembly. A-172 duration of the state legislature. A-173 Qualification for membership of the State Legislature. A-175 governor has a right to send messages to the house or houses. A-197 restriction on the power of the legislative council. A-188 Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking
his seat, make oath before the Governor. A-177 Every Minister and the Advocate-General for a State shall have the
right to speak in, and otherwise to take part in the proceedings. A-213 governor can pass bills when the legislative assembly is not in session. A-211 legislative assembly can not interfere in matters of the high court. A-212 high court can not interfere in matters related to the legislative assembly.
A-124 there should be a supreme court of India consisting of one chief justice of India. The chief justice of India shall appointed by the president of India. A chief justice of India shall hold his office until the age of sixty-five. A-129 The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. A-132,133,134-appeal on constitutional, civil, and criminal matters. A-134a fitness certificate from the high court for appeal. A-136 you can appeal to the Supreme Court directly against any order and any court but you have to obtain a special leave petition against that order from the Supreme Court. A-137 review against the Supreme Court’s order. A-142 inherent power of the Supreme Court to pass any order. A-145 power to make rules.
A-216 there should be a high court for each state which consists of a chief justice and other judges if the president is appointed. A-215 Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. A-217 Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal. A-222 the president may transfer a high court judge to another high court on recommendation of the national judicial appointment. A-226 high court can issue writs habeas corpus, mandamus, prohibition, quo warranto, and certiorari.A-227 Every High Court shall have superintendence over all courts and tribunals throughout the territories about which it exercises jurisdiction
A-233 Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction about such State. (2) A person not already in the service of the Union or the State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment. A-233a no appointment of any person already in the judicial service of a State or of any person who has been for not less than seven years an advocate or a pleader, to be a district judge in that State. A-234 Appointments of persons other than district judges to the judicial service of a State shall be made by the Governor of the State by rules made by him on that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction about such State.
A-324 the direction, control, and preparation of parliament elections and state legislature elections are vested in the Election Commission of India. The Election Commission of India consists of the Chief election commissioner and other election commissioners that the president may appoint by making any law. When another election commissioner is appointed the chief election commissioner shall act as chairman of the election commission. The president or the governor shall provide such stuff to the election commission or regional commissioner as may be necessary. A-325 no person shall be ineligible for inclusion in any electoral role or claimed to be included in any special electoral roll for any such constituency on grounds of religion, sex, caste, or race. A-326 adult suffrage, the right to vote for every adult citizen. A-327 parliament has the power to make laws on MP & MLA in respect of Elections. A-328 state legislatures can make laws on MLAs in respect of Elections. A-329 A-327 & 328 can not be challenged for their invalidity but an election petition can be filed in high court.
A-243 (d)Panchayat means an institution of self-government constituted for rural areas. (e)panchayat area means the territorial area of a panchayat. (a)district means a district in a state. (g) village means a village specified by the governor. (b) A gram sabha may exercise such powers for a village as legislatures do at the state level.A-243B There shall be constituted in every State, Panchayats at the village, intermediate and district levels, village level- panchayat, intermediate level-panchayat samity and district level-zilla parishad.A-243D Not less than one-third of the total number of seats shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. A-243E the duration for panchayat shall last for five years. A-243G the state legislature shall give the power to the panchayat as much as needed. A-243H state shall authorize and appoint panchayat to collect tax, toll, duties, and fees. A-243I there shall be a finance commission that shall review the financial position of the Panchayat and make recommendations to the governor as to the distribution between the State and the panchayat of the net proceeds of the taxes, duties, tolls, and fees leviable by the State. the grants-in-aid to the panchayat from the Consolidated Fund of the State.The measures needed to improve the financial position of the panchayat. A-243J state will make a law about the audit of the panchayat. A-243K state election commission shall conduct panchayat election. A state election commissioner shall be appointed by the Governor. Staff assistance will be provided to the state election commission.
A-243P (e)Municipality means an institution of self-government constituted under article 243q. (d)Municipal area means the territorial area of a municipality. (b) “district” means a district in a State. (c)“Metropolitan area” means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be a Metropolitan area.A-243Q Constitution of Municipalities(1) There shall be constituted in every State, (a) a Nagar Panchayat for a transitional area, that is to say, an area in transition from a rural area to an urban area; (b) a Municipal Council(nagar parishad) for a smaller urban area; and (c) a Municipal Corporation(nagar nigam) for a larger urban area. A-243T Not less than one-third of the total number of seats shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. A-243U duration for the municipality shall last for five years. A-243W the state legislature shall give the power to the municipality as much as needed. A-243X state can appoint and authorize a municipality to collect tax, toll, duties, and fees.A-243Y there shall be a finance commission that shall review the financial position of the municipality and make recommendations to the governor as to the distribution between the State and the Municipalities of the net proceeds of the taxes, duties, tolls, and fees leviable by the State. The grants-in-aid to the Municipalities from the
Consolidated Fund of the State.the measures needed to improve the financial position of the
Municipalities. A-243Z the state will make a law about the audit of the municipality. A-243-ZA A state election commission shall conduct the municipal election.
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FAQs
1. What is Indian Democracy?
Indian democracy refers to the political system in which citizens have the power to elect their representatives through free and fair elections. It is based on the principles of equality, justice, and the rule of law.
2. How is the Indian Democracy Structured?
Indian democracy is structured as a federal parliamentary democratic republic. It consists of three main branches of government: the Executive (headed by the President), the Legislature (Parliament), and the Judiciary.
3. What is the Role of Local Panchayats in Indian Governance?
Local Panchayats are grassroots-level self-government institutions in rural areas. They play a crucial role in decentralized governance, addressing local issues, and implementing development programs.
4. What is the Electoral System in India?
India follows a first-past-the-post electoral system where candidates with the highest number of votes in a constituency win. This system is used for both parliamentary and state assembly elections.
5. How Often Are General Elections Held in India?
General elections are held every five years to elect members of the Lok Sabha (House of the People), the lower house of Parliament. State legislative assemblies also have elections every five years.
6. What is the Role of the President in Indian Democracy?
The President is the ceremonial head of state and the supreme commander of the Indian Armed Forces. While executive powers are vested in the Prime Minister, the President’s role includes the assent to bills, appointment of the Prime Minister, and more.
7. How are Ministers Appointed in India?
Ministers are appointed by the President on the advice of the Prime Minister. The Council of Ministers, headed by the Prime Minister, is responsible for policy formulation and decision-making.
8. What is the Role of the Judiciary in Indian Democracy?
The judiciary, headed by the Supreme Court, is responsible for interpreting the Constitution, safeguarding individual rights, and ensuring justice. It acts as a check and balance on the executive and legislative branches.
9. How are Local Panchayats and Municipalities Empowered?
Local self-government bodies are empowered through the 73rd and 74th Amendments to the Constitution. They have control over local planning, economic development, and social justice programs.
10. How Can Citizens Participate in the Democratic Process?
Citizens can participate by exercising their right to vote, staying informed about political issues, engaging in civic activities, and holding elected representatives accountable through various means, including public discourse and peaceful protests.
11. How many states in India have a legislative council?
Six, they are Andhra Pradesh, Telangana, Karnataka, Maharastra, Bihar, and Uttar Pradesh.
12. Who appoints the chief minister?
The governor appoints the chief minister.
13. What is the legislative council?
upper house of the state legislature also known as Vidhan Parishad.
14. what is vidhan sabha?
lower house of state legislative assembly.
15. What is a unicameral state legislature?
When a state legislature has only one house known as the Legislative Assembly (Vidhan Sabha) (Lower house of State legislative) is a unicameral state legislature.
16. What is a bicameral state legislature?
When a state has both houses that is Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad) then that state is a bicameral state legislature.
17. How Lok Sabha Members are elected?
Lok Sabha members are elected by direct election from their respective constituencies.
18. How Rajya Sabha members are elected?
Rajya Sabha members are elected by each state’s MLAs.
19. Who is an MP?
Members of the rajya sabha and lok sabha both are MPs.
20. How many members are there in Lok Sabha and Rajya Sabha?
Currently 543 seats in Lok Sabha and 245 in Rajya Sabha.
21. How many MLAs are in the West Bengal Legislative Assembly?
294 MLAs.
22. What is the House of the People and Council of States?
The House of the People is Lok Sabha the lower house of the Parliament and the Council of States is Rajya Sabha the upper house of the Parliament.
23. Who appoints cabinet ministers?
The president appoints cabinet ministers at the suggestion of the Prime Minister. The president also appoints MPs and junior cabinet ministers (ministers of state).
24. Who appoints ministers and MLAs of a particular state?
The Governor of a State.
25. How MLAs are elected?
by Vidhan Sabha elections.
26. How panchayat pradhan elected?
Gram Sabha that is voters of a panchayat is responsible for the election of the members of the village and panchayat pradhan.
27. Who is a block chairperson?
A chairperson of Samiti Members. It is considered an intermediate level of panchayat raj system.
28. Who are samiti members?
There shall be one samiti member from every panchayat. A samiti member can be a panchayat pradhan or a member of a village. samiti members are responsible for the election of Block Sabhapati.
29. What is Zilla parishad?
Zilla Parishad is a local government body at the district level in India. Zilla Parishad is local self-governance at the district level.
30. Who is Zilla’s president?
The Zilla president is the head of the Zilla parishad, elected by the members of the Zilla parishad (including representing MLA, MP, and block samiti members).