Omar Bennett
The Indian Constitution is the supreme law of the country, and the longest written national constitution in the world. It is a comprehensive and detailed document that outlines the governance framework, rights, and duties of its citizens. The Constitution of India is unique in that it borrows principles and provisions from various global sources, including the British, American, Irish, and Canadian constitutions. It establishes India as a sovereign, socialist, secular, democratic republic, and ensures justice, liberty, equality, and fraternity for its citizens. The Indian Constitution also differs from others in its amendment process, which is a blend of flexibility and rigidity, and its uniformity of basic and criminal laws across the country.
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What You'll Learn
The Indian Constitution is the lengthiest written constitution in the world
The Constitution of India is the supreme legal document of the country, laying down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions. It also sets out the fundamental rights, directive principles, and duties of citizens. It is a one-of-a-kind document, encompassing all the specifics and descriptions of the authorities of the government, legislature, and judiciary. The bulkiness of the constitution can be attributed to the fact that it borrows characteristics from the constitutions of many countries.
The Indian Constitution is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies. In contrast, the British Constitution is highly flexible, with no formal amendment process, and the US Constitution has only 4,400 words. The Indian Constitution has been amended more than 100 times, while the US Constitution, written in 1787 and ratified in 1788, has been amended just 27 times.
The original 1950 Constitution was handwritten, with each page decorated by artists from Shantiniketan and calligraphed by Prem Behari Narain Raizada. Two copies were produced, one in Hindi and the other in English, and they are currently preserved in helium- or nitrogen-filled cases in the Parliament Library Building in New Delhi.
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It is a blend of rigidity and flexibility
The Indian Constitution is the world's longest written constitution for a sovereign nation. It is a highly detailed document, reflecting the vast diversity of the country and its historical, social, and political context.
The constitution is a blend of rigidity and flexibility. It is rigid in the sense that it requires a special procedure for its amendment. According to Article 368, amendments require a bill to be introduced in Parliament, with separate approval from each House. For amendments affecting federal provisions, the bill must also receive approval from a simple majority in the legislatures of at least half the states. This is in contrast to the British Constitution, which is highly flexible and has no formal amendment process, allowing for amendments through ordinary laws passed by Parliament.
However, the Indian Constitution is also flexible in that it does not contain a provision to limit the powers of Parliament to amend the constitution. This has resulted in it being the world's most frequently amended national governing document, with over 100 amendments since its enactment.
The constitution's blend of rigidity and flexibility is also reflected in other areas. For example, while the Indian Speaker is not required to resign from their political party, and if they do so, they are not disqualified under the Anti-defection Law. In contrast, the British Parliament is a paramount body, and its laws cannot be declared unconstitutional by the courts.
The Indian Constitution's unique blend of rigidity and flexibility has been shaped by the country's diverse legal heritage and democratic ideals, borrowing principles and provisions from various global sources, including the British, American, Irish, Canadian, and other constitutions.
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It does not permit dual citizenship
The Indian Constitution is the supreme legal document of India and the longest written national constitution in the world. It is a very comprehensive and detailed document that outlines the governance framework, rights, and duties of the country. The Constitution of India does not permit dual citizenship, allowing individuals to hold only Indian citizenship. This is in contrast to countries like the UK, which allows for dual nationality, where individuals can be British citizens and hold citizenship of other countries.
The Indian Constitution, which came into effect on 26 January 1950, repealed the Indian Independence Act 1947 and the Government of India Act 1935. It establishes India as a sovereign, socialist, secular, democratic republic, ensuring justice, liberty, equality, and fraternity for its citizens. The Constitution serves as the fundamental law of the land, embodying the values, principles, and governance framework of the country. It outlines the organisation, powers, and limits of government institutions, as well as the rights and duties of citizens.
The Indian Constitution's provisions were influenced by the Government of India Act 1935 and the constitutions of other countries, including the US, Ireland, Britain, Canada, Australia, Germany, the USSR, France, South Africa, Japan, and others. It is called a "bag of borrowings" due to its extensive adaptation of principles and provisions from various global sources. This reflects India's diverse legal heritage and democratic ideals. The Constitution has had more than 100 amendments since its enactment, making it the world's most frequently amended national governing document.
The process of amending the Indian Constitution is a blend of rigidity and flexibility. According to Article 368, amendments require a bill to be introduced in Parliament, with separate approval from each House. For amendments affecting federal provisions, the bill must also receive approval from a simple majority in the legislatures of at least half the states. This synthesis of flexibility and rigidity in the amendment process allows India to adapt its Constitution to the changing needs of its diverse society while maintaining a stable framework of government.
The Indian Constitution's stance on dual citizenship is just one aspect that sets it apart from other constitutions. Its unique features are shaped by the country's historical, social, and political context, reflecting India's journey towards democracy, justice, and equality.
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It ensures uniformity in basic and criminal laws
The Indian Constitution is the supreme law of the country, the lengthiest written constitution in the world, and is regarded as a "bag of borrowings" due to its extensive adaptation of principles and provisions from various global sources. It amalgamates elements from multiple constitutions, including the British, American, Irish, Canadian, and others, reflecting India's diverse legal heritage and democratic ideals.
The Indian Constitution ensures uniformity in basic and criminal laws, except for personal laws. In contrast, the US has varying civil and criminal laws that differ from state to state. The Indian Constitution, therefore, provides a uniform framework of laws across the country, ensuring that all citizens are subject to the same basic and criminal laws, regardless of their state or region.
The uniformity of laws in India is a significant feature that distinguishes it from other countries, particularly federal systems like the US, where states have significant autonomy in creating and enforcing their own laws. This uniformity ensures that all citizens across India are governed by the same basic legal principles and criminal laws, promoting consistency and fairness in the application of justice.
The Indian Constitution's approach to uniformity in laws also extends to its flexibility and amendability. While the Indian Constitution has a rigorous amendment process, requiring a bill to be introduced in Parliament with separate approvals from each House, it also allows for necessary changes to be made over time. This blend of rigidity and flexibility ensures that the laws can adapt to the evolving needs of a diverse and dynamic country while maintaining a uniform set of laws for all citizens.
The Indian Constitution's focus on uniformity in basic and criminal laws is a key aspect of its uniqueness, ensuring a consistent legal framework across the country while allowing for necessary amendments to accommodate India's diverse and evolving societal needs.
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It establishes India as a sovereign, socialist, secular, democratic republic
The Indian Constitution is the world's longest written constitution for a sovereign nation, with 145,000 words across 395 articles in 22 parts and 8 schedules. It is the fundamental law of the land, serving as the supreme law that guides the state's functioning and ensuring the rights and responsibilities of its citizens. The Constitution establishes India as a sovereign, socialist, secular, democratic republic, ensuring justice, liberty, equality, and fraternity for its people.
Being sovereign means that India is a free country with the complete right to govern itself without interference from any external sources. This signified India's departure from being a dominion of the British Crown, as set up by the Indian Independence Act of 1947, to becoming a free nation when the Constitution came into effect on 26 January 1950.
The term 'socialist' is not defined in the Constitution, but the Directive Principles of State Policy in Part IV embody a socialist character. This philosophy puts the welfare of society before individual interests. India has adopted 'democratic socialism', where the public and private sectors coexist and work together for the welfare of the nation.
The inclusion of the term 'secular' in the Constitution means that India does not have an official religion and is not a theocratic state. All religions are considered equal in the eyes of the state.
Finally, as a democratic republic, India adopted parliamentary democracy, where citizens directly elect the members of the Lok Sabha. The Constitution provides for political, social, and economic democracy through fundamental rights and the provision of universal adult franchise.
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Frequently asked questions
The Indian Constitution is the longest written national constitution in the world, with about 145,000 words. It is also the world's most frequently amended national governing document. Unlike other constitutions, it does not permit dual citizenship.
The Indian Constitution is based on constitutional supremacy, not parliamentary supremacy. It also has a more rigid amendment process than the British Constitution, which is highly flexible and has no formal amendment process. The Indian Constitution also has a "Basic Structure" doctrine, which means that certain features are integral and cannot be changed.
The Indian Constitution ensures uniformity in basic and criminal laws, while the US has varying civil and criminal laws that differ from state to state. The Indian Parliament can alter state boundaries, a power that does not exist at the federal level in the US. The US Constitution uses the term "federal" frequently, while the Indian Constitution refers to the "Union." The US has a presidential system, while India has a parliamentary system.
