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A Sovereign Republic, fundamental

3.   Independent  of Country, Judiciary, Preamble:- Though the independent status of country necessitated many changes yet in framing the new polity, the Constituent Assembly did not proceed on doctrinaire lines. It made no abrupt break with the past. The conception of constitutional government was not a product of western influences but was well recognized in the political theories of the ancient Hindus. The constitution provides an independent judiciary which ensures that the government is carried out in accordance with the provisions of the constitution. It acts as the guardian of the liberties and fundamental rights of the citizen. It also determines the limits of the power of the centre and state. The preamble to the constitution of India embodies the noblest ideals of Justice, Liberty, Equality and Fraternity. Like the preamble of the U.S. constitution, it is issued in the name of the “People”. It runs as follows. In our constitution assembly, this 26th day of November, 1949 do hereby adopt, enact and give to ourselves this constitution. Though the preamble is not an integral part of the constitution, and does not have any legal force behind it, yet it is very significant. A critical appraisal of the features stated in the preceding paragraphs reflects that ours’ is a unique document. Though monarchy was the prevailing type of Government, it was not the only form. The Republican states also existed. The existence of “Ganas” or self governing communities in the Mahabharata, of notable clans like Licchavis, the “Sakyas” and the “Mallavas” transacting business of the state in public assemblies as given in the sacred jain and Buddhish literature, of nonregal states as discussed by Greek observers like G. W. M'crindle and Megasthenes throw enough light on the fact that Republican form of Government is a relic of the past. The incorporation of  formal bill of right in the Indian constitution is deemed to be a distinguishing feature of a democratic state. One of the outstanding characteristics of the Indian constitution is the elaborate enumeration of the right of the citizens in chapter. The 24th and the 25th amendments in the Indian constitution which abridged right to private property were upheld by Supreme Court in its recent most decision. Another distinctive feature of the new constitution is its secular character. In fact this is a remarkable departure from the primitive Indian polity, the theocratic state of the Muslim period and the communal polity fostered by British Imperialists particularly on the their withdrawal from India. The framers of the Indian constitution were aware of the nasty role played by fanaticism. According to Mahatma Gandhi Father of the Nation, The state should undoubtedly be secular. Everyone living  in it should be entitled to profess his religion without let or hindrance so long as the citizen obeyed the common law of land.  A secular state maintains complete religious neutrality and refuses to recognize man-made barriers such as those of race, colour, creed, etc. It believes in freedom, toleration, equality and the oneness of all the individuals. It is concerned with the relation between man and his creator. In the words of Shri Laxmi Kant Mahita, a member of the Indian Constituent Assembly, ‘ by a secular state, as I understand it, is meant that the state is not going to make any discrimination whatsoever on the ground of religion or community against any person professing any particular form of religious faith.

Independent of Country
Government of India Act & Integration
A Unique Document

Continuity With The Past and Judicial Review

Emergency Powers

The Difference Between The Act of 1935 and The Present Constitution

important articles
Union Territories
Right of Citizenship
Equality of opportunity in matters of public employment
Directive Principles of State Policy
Powers , Privileges and Immunities
Conduct of business
Administrative Relations

unless the context otherwise requires

The Scheduled and Tribal areas
Emergency Provisions
Miscellaneous