Legal Article

How the Indian constitution reflects the power of democracy?

Shivendra Pratap Singh

Advocate

High Court Lucknow

Article

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Published on: 21 Aug, 2023

The Indian Constitution is often referred to as the world’s most extensive written constitution. It was framed by a Constituent Assembly that included representatives from various backgrounds, reflecting the diversity and pluralistic nature of Indian society. The Constitution reflects the power of democracy in numerous ways, embodying principles that ensure a system of government where the will of the people is paramount. Here are some of the key features:

Preamble

The Preamble of the Indian Constitution starts with the phrase “We, the People of India,” emphasizing the collective authority and sovereignty of the citizens. It further outlines the goals of Justice, Liberty, Equality, and Fraternity, which are the pillars of any democratic society.

Universal Adult Suffrage

One of the most significant features of the Indian Constitution is the granting of universal adult suffrage. Every Indian citizen above the age of 18 has the right to vote, regardless of caste, creed, religion, or gender. This ensures that the electorate is broadly representative of the population, maximizing democratic participation.

Separation of Powers

The Indian Constitution clearly delineates the powers and functions of the Executive, the Legislature, and the Judiciary. This separation of powers ensures checks and balances within the system, thus promoting democratic governance.

Federal Structure

India’s Constitution establishes a federal structure, with a division of powers between the Union and State governments. Each level of government is elected independently, allowing for democratic representation at multiple levels.

Fundamental Rights

The Constitution guarantees a range of Fundamental Rights to the citizens, including the right to equality, freedom of speech and expression, freedom to assemble peaceably, freedom to practice religion, and the right to constitutional remedies. These rights form the cornerstone of democratic governance and empower citizens to participate freely and fully in the democratic process.

Directive Principles of State Policy

These are guidelines for governance aimed at establishing social and economic democracy. While not enforceable by courts, they express the aspirations of the people and guide the government in policy-making.

Parliamentary System

The Indian Constitution establishes a parliamentary system of governance, modeled after the British system. This system ensures that the Executive is accountable to the Legislature, adding another layer of democratic accountability.

Judicial Review

The Judiciary has the power to review laws and executive actions to ensure they are in line with the Constitution. This serves as a safeguard against any undemocratic practices.

Amendment Process

The Constitution provides for its own amendment, allowing for change and adaptation over time. However, it also safeguards its basic structure, ensuring that the fundamental principles of democracy can’t be easily eroded.

Decentralization

The 73rd and 74th Constitutional Amendments have further deepened democracy by devolving powers to local bodies (Panchayats and Municipalities), ensuring grassroots participation in governance.

Conclusion

The Indian Constitution is not merely a document outlining the legal framework of the nation; it is a living embodiment of democratic principles. By ensuring representation, participation, and accountability, the Constitution transforms the abstract concept of democracy into a functional system of governance, respectful of its diverse and pluralistic society.