REPUBLIC OF INDIA
CONSTITUTION
India achieved its independence from Great Britain on August 15,
1947. Independence and Partition ended nearly ninety years of British rule
over the Indian subcontinent and established the Dominions of India and
Pakistan.
In preparation for India’s coming independence, a Constituent
Assembly first met in 1946 in Delhi to draft the new governing document for
India: the Indian Constitution. The Indian Constitution was drafted by the
Constituent Assembly over a period of two years and eleven months. The
Constituent Assembly was an elected, representative body with members
from every state and province in India. The result of their efforts is the
longest written constitution of any country in the world, consisting of 448
articles in 22 parts, and 12 schedules. It is also one of the most often
amended constitutions with 113 amendments. Passed on November 16,
1949, the Constitution went into effect on 26 January 1950, the date being
chosen for its symbolic meaning, twenty years to the day after the signing
of the Indian Declaration of Independence on January 26, 1930.
India is a democratic republic and the Constitution is the governing
document to which all other laws must conform. The Constitution of India
outlines the duties of the government and citizens of India, as well as the
fundamental rights of the citizens. The Constitution ensures the citizens
justice, equality and liberty. The Constitution also provides for three
branches of government: executive, judicial, and legislative.
LEGISLATIVE BODY
The Indian Parliament is similar to the British Parliamentary system. It
consists of two houses: the upper house, Rajya Sabha; and 2) the lower
house, Lok Sabha.
The Rajya Sabha, also known as the Council of States, is made up of
250 members elected by state and territorial assemblies. India has twenty-
eight states and seven union territories. Up to twelve members of the Rajya Sabha may be appointed by the President. Members of the Rajya
Sabha serve six-year terms.
The Lok Sabha, also known as the People’s Assembly, is made up of
545 members. Of these, 543 are elected directly by the people and 2 are
appointed by the President of India. Members of the Lok Sabha serve fiveyear terms.
Legislative power is divided between Parliament and the state
legislatures.
JUDICIAL SYSTEM
Both state and federal laws in India are administered by a single,
integrated system of courts. Similar to the United States, the highest court
in India is the Supreme Court. It is the responsibility of the Supreme Court
to interpret the Indian Constitution. The Supreme Court may also mediate
disputes between different states, or between an Indian state and the
union. The judicial branch is wholly independent from the executive and
legislative branches of the Indian government.
The Indian Supreme Court has one Chief Justice and twenty-five
Associate Justices, all of whom are appointed by the President. The
appointments last until a justice reaches the age of sixty-five. Justices may
also be removed for misbehavior.
Each Indian state has a four-tiered court system. The highest court in
each state is the High Court. In turn, each state is divided into districts. The
highest court in each district is Court of Districts and Sessions Judge. The
Court of Districts hears civil matters while the Sessions Judge hears
criminal matters. Under the Court of Districts and Sessions Judge, Senior
Sub-Judges hear civil cases and Chief judicial Magistrates hear criminal
cases. All decisions in the district courts may be appealed to the High
Court of each state.
The courts follow both statutory law as well as common law stare
decisis precedent. The Indian Constitution, Civil Procedure Code, Indian
Penal Code and Criminal Procedure Code are laws set down by major
Parliamentary legislation.
EXECUTIVE AUTHORITY
The President of India and Vice-President of India are elected for five
year terms by an Electoral College made up of members of the Rajya
Sabha, the Lok Sabha, and Legislative Assemblies of each state.
In addition to the president and vice-president, executive power in
India is vested in the Council of Ministers, led by the Prime Minister. The members of the Council of Ministers are appointed by the President on the
recommendations of the Prime Minister. The Prime Minster and Council of
Ministers aid and advise the President, and the President must act in
conjunction with their recommendations.
IMPLEMENTATION OF UNITED NATIONS COUNTER-TERRORISM RESOLUTIONS
India has ratified fourteen of the sixteen United Nations international
legal instruments against terrorism.
Ratified
The Aircraft Convention: 1963
Convention on Offences and Certain
Other Acts Committed on Board
Aircraft
Ratified: July 22, 1975
The Unlawful Seizure Convention:
1970 Convention for the
Suppression of Unlawful Seizure of
Aircraft
Ratified:
12, 1982 1971
The
Civil November
Aviation Convention:
Convention for the Suppression of
Unlawful Acts against the Safety of
Civil Aviation
Ratified: November 12, 1982
The Diplomatic Agents Convention:
1973 Convention on the Prevention
and Punishment of Crimes Against
Internationally Protected Persons
Ratified: April 11, 1978
Yet to be Ratified
2005 Protocol to the Convention for
the Suppression of Unlawful Acts
against the Safety of Maritime
Navigation
2005 Protocol for the Suppression of
Unlawful Acts against the safety of
fixed platforms located on the
Continental Shelf
Ratified
Hostages Convention: 1979
International Convention against the
Taking of Hostages
Ratified: September 7, 1994
Nuclear Materials Convention: 1980
Convention on the Physical
Protection of Nuclear Material
Ratified: March 12, 2002
Airport Protocol and Montreal
Convention on Air Safety: 1988
Protocol for the Suppression of
Unlawful Acts of Violence at Airports
Serving International Civil Aviation,
supplementary to the Convention for
the Suppression of Unlawful Acts
against the Safety of Civil Aviation
Ratified: March 22, 1995
Maritime Convention: 1988
Convention for the Suppression of
Unlawful Acts against the Safety of
Maritime Navigation and the 2005
Protocol to the Convention for the
Suppression of Unlawful Acts against
the Safety of Maritime Navigation
Ratified: October 15, 1999
Fixed Platform Protocol: 1988
Protocol for the Suppression of
Unlawful Acts Against the Safety of
Fixed Platforms Located on the
Continental Shelf and the 2005
Protocol to the Protocol for the
Suppression of Unlawful Acts against
the Safety of Fixed Platforms
Located on the Continental Shelf
Ratified: October 15, 1999
Yet to be Ratified
Ratified
Yet to be Ratified
Plastic Explosives Convention: 1991
Convention on the Marking of Plastic
Explosives for the Purpose of
Detection
Ratified: November 16, 1999
Terrorist Bombing Convention: 1997
International Convention for the
Suppression of Terrorist Bombings
Ratified: September 22, 1999
Terrorist Financing Convention: 1999
International Convention for the
Suppression of the Financing of
Terrorism
Ratified: April 22, 2003
Nuclear Terrorism Convention: 2005
International Convention for the
Suppression of Acts of Nuclear
Terrorism
Ratified: December 1, 2006
2005 Amendment to the Convention
on the Physical Protection of Nuclear
Material
Ratified: September 19, 2007
In addition, India is working to implement UN Resolutions 1373 and
1624 and has made five reports to the United Nations Counter Terrorism
Committee (CTC) on the county’s progress. India is far too familiar with
terrorism, and attacks within the country are frequent, based on religious
intolerance and separatist groups in the northeast and far northwestern
portions of the country.
Since India’s last report to the CTC, India established a Financial Intelligence Unit. The Unit monitors wire transfers and places other
monitoring procedures to help recognize and prevent the funding of terrorist
organizations. India is also continuing to update customs and border
protections and strengthen security in coastal areas. India is also working
to improve airline security through increased intelligence and screening of
passenger manifests for inbound international passengers prior to landing.
India is working with other states to try to combat terrorism in the
region. Recently, India joined the Joint Working Group on Counter
Terrorism with Bhutan, Nepal, Myanmar, Bangladesh and Sri Lanka.
CORRUPTION AND GOVERNANCE
India’s governance indicators are mostly in the 50 to 70th percentile,
scoring best for “voice and accountability.” “Political stability” is India’s
lowest indicator, ranking the country in only the 10-15% percentile. The
scores improved steadily from 2003, to 2005 and 2007, but dropped in
2009.
While India’s governance indicators suggest that corruption has
decreased slightly from 2003 to 2009, 74% of India’s report that corruption
has increased in the last three years and 54% of Indians have paid a bribe
within the last year.