Enforcement of the Constitution

India, also called as Bharat, is a country made up of states. It is a Sovereign Socialist Secular Democratic Republic governed by a parliamentary system. The Republic of India is governed by the Constitution of India, which was enacted by the Constituent Assembly on November 26, 1949 and went into effect on January 26, 1950. The Constitution establishes a Parliamentary system of government that is federal in structure but has certain unitary aspects.

The President is the Union’s constitutional leader of the Executive. According to Article 79 of the Indian Constitution, the Union Parliament’s council including the  President and two houses such as the Council of state, also known as Rajya Sabha and also the House of the People (Lok Sabha). According to Article 74(1) of the Constitution, there shall be a Council of Ministers, led by the Prime Minister, to assist and advise the President, who shall carry out his/her powers in accordance with the advice. The true executive authority is thus placed in the Council of Ministers, which is led by the Prime Minister.

A Constitution meant to keep the country together and drive it forward needs to be a complex, well-thought-out, and precisely drafted document. For one thing, it aimed to heal past and present wounds by bringing Indians of all classes, castes, and groups together in a cooperative political experiment. Another objective was to create democratic institutions in a society dominated by power and obedience.

The Indian Constitution was prepared between December 1946 and November 1949. During this period, its suggestions were considered clause by clause in India’s Constituent Assembly. The Assembly was a success overall, with eleven sessions held over a 165-day period. Several committees and subcommittees worked on examining and refining the papers in between sessions.

Why and how did the Indian constitution come to be?

On December 9, 1946, it reconvened as the Constituent Assembly for divided India, and on August 14, 1947, it reconvened as the Constituent Assembly for divided India. Its members were chosen in an indirect election by elected members of the Provincial Legislative Assemblies. It was established under the Government of India Act of 1935. The assembly was mainly established along the lines advised by the British cabinet committee known as the “Mission of the Cabinet.”

Enforcement of the Indian Constitution

• On November 26, 1949, the Constitution’s Articles 324, 366, 367,, 380, 391, 7,  388, 5, 60, 6, 8, 9,392, 379 and 393 dealing to citizenship, elections, provisional parliament, temporary and transitional measures, and the short title went into effect.
• The remaining provisions of the Constitution (the majority) entered into force on January 26, 1950. This is referred to in the Constitution as the “day of its beginning,” and it is commemorated as Republic Day.
• Because of its historical significance, January 26 was chosen as the “day of start” of the Constitution. Purna Swaraj Day was established on this date in 1930 as a result of a resolution voted by the INC’s Lahore Session (December 1929).
• With the adoption of the Constitution, the Indian Independence Act of 1947, and the Government of India Act of 1935, as well as any subsequent amendments or supplements to the Constitution. 

A federal constitution has the following characteristics:

• A Written Constitution: A written constitution is required for a federal constitution.
• Dual Government: In the event of a federal constitution, there is a dual government structure, one at the federal and one at the state levels.
• Constitutional Supremacy: In the case of a federal Constitution, the Constitution should have supremacy. All functions done by the three parts of government, namely the legislative, executive, and judicial departments, are subordinated and controlled by the Constitution.
• Power Division: Federalism refers to the division of state powers among a number of co-ordinate authorities, each of which is founded on and regulated by the Constitution.
• Rigidity: Rigidity is a fundamental need of a federal Constitution. It is significantly reliant on the amending procedure.
• Independent Judiciary: It is necessary to have an independent judiciary with authority over other organs. The courts (judiciary) have the final word on how the Constitution is to be read in a federal Constitution. Finally, the judiciary serves as the Constitution’s Guardian.

Conclusion

The Indian Constitution is a document that has served as a model for several constitutions, including South Africa’s. The overarching purpose of the almost three-year search was to strike the ideal balance so that the institutions formed by the Constitution would not be haphazard or transitory structures, but would be able to meet the aspirations of the people of India for a long time to come.