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UPSC Dictionary

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Article 32 was called the 'heart and soul of the Constitution' by Dr. B.R. Ambedkar.

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UPSC Dictionary

Constitutional Framework

The Constitutional Framework is the Constitution of India, a foundational act/document that serves as the supreme law of the land. It is the world's longest written constitution, laying down the fundamental political code, structure, procedures, powers, and duties of government institutions. Its origin lies in the need for a governing structure for independent India, replacing the British-era Government of India Act 1935. The Constituent Assembly, with Dr. B.R. Ambedkar as the chairman of the drafting committee, adopted the Constitution on November 26, 1949, and it came into force on January 26, 1950, establishing the Republic of India.

The framework works by establishing a parliamentary form of government and a unique quasi-federal system, blending federal and unitary features. The original document contained 395 Articles in 22 Parts and 8 Schedules. Key provisions include Part III (Articles 12-35) which guarantees Fundamental Rights, and Part IV (Articles 36-51) which outlines the Directive Principles of State Policy. The mechanism for change is the amendment process under Article 368.

This framework connects directly to the Basic Structure Doctrine, a concept established in the landmark 1973 judgment of Kesavananda Bharati Sripadagalvaru & Ors. v. State of Kerala & Anr.. The ratio of this judgment is that Parliament's power to amend the Constitution under Article 368 is wide but does not extend to altering or destroying its basic structure. The Constitution has been amended 106 times; a recent change is the 106th Amendment Act, 2023, which reserves one-third of seats for women in the Lok Sabha and State legislative assemblies. Despite these amendments, the core principles protected by the Basic Structure Doctrine remain unamendable.

References

  • tathastuics.com
  • sansad.in
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  • lloydlawcollege.edu.in
  • pwonlyias.com
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  • ecourts.gov.in
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