Eleanor Finch
The Indian Constitution is the supreme law of the Republic of India and the world's longest written constitution for a sovereign nation. It was adopted on 26 January 1950, making India a sovereign, democratic republic. The constitution lays down the framework for the country's political system, defining the powers and responsibilities of government institutions, fundamental rights, directive principles, and the duties of citizens. It has had more than 100 amendments since it was enacted and is the world's most frequently amended national governing document.
| Characteristics | Values |
|---|---|
| Date of enactment | 26 January 1950 |
| Date provisions came into force | 26 November 1949 |
| Length | 448 articles, 12 schedules, about 145,000 words |
| Language | English and Hindi |
| Time taken to draft | 3 years |
| Number of sessions | 11 |
| Number of days | 165 |
| Number of members in assembly | 389 (reduced to 299 after partition) |
| Number of copies | 2 |
| Original number of articles | 395 |
| Original number of schedules | 8 |
| Original number of parts | 22 |
| Cost | ₹6.3 crore |
| Amendments | More than 100 |
| Longest constitution of | A sovereign nation |
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What You'll Learn
The Constituent Assembly
The process of drafting the Constitution began with the appointment of a constitutional advisor, Sir B. N. Rau, in 1946. Rau prepared the initial draft of the constitution, which consisted of 243 articles and 13 schedules. This draft was then considered, debated, and amended by a seven-member drafting committee, chaired by B. R. Ambedkar. The committee submitted a revised draft to the Assembly on 4 November 1947.
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The role of B.R. Ambedkar
Bhimrao Ramji Ambedkar, often regarded as the father of the Indian Constitution, was a jurist, economist, social reformer, and political leader who played a crucial role in the constitution-making process. He was a key figure in the independence struggle, advocating for the protection and advancement of Dalit rights, and clashing with the Indian National Congress as a result. Ambedkar's interventions and speeches on various aspects of the Constitution were well-researched and insightful, earning him the respect of his fellow Assembly members.
Ambedkar held several significant offices and was a member of numerous important committees, including the Bombay Presidency Committee, which worked with the all-European Simon Commission in 1925. In 1927, he launched active movements against untouchability, fighting for the right to access public drinking water resources and enter Hindu temples. He also publicly condemned the Manusmriti, an ancient Hindu text that ideologically justified caste discrimination, and ceremonially burned copies of it. Ambedkar founded the All-India Scheduled Castes Federation in 1942 as a political front for the Dalits, and he was appointed as the first Law Minister of independent India in 1947.
As the Chairman of the Drafting Committee, Ambedkar played a pivotal role in shaping the Constitution. The committee was responsible for revising the initial draft prepared by Sir B.N. Rau, the Constitutional Advisor to the Constituent Assembly. Ambedkar's most notable intervention as Law Minister was his attempt to pass the Hindu Code Bill, which sought to reform Hindu personal laws on matters such as marriage, divorce, succession, and adoption. However, this bill faced intense criticism, and the government ultimately withdrew it, leading to Ambedkar's resignation in 1951.
Ambedkar's contributions to the Constitution included his advocacy for extensive economic and social rights for women, and he successfully introduced a system of reservations of jobs in civil services, schools, and colleges for members of scheduled castes, scheduled tribes, and other backward classes. On the issue of centralisation of power, he clarified the fundamental principle of federalism in the Constitution, asserting the division of legislative and executive powers between the Union and the States. In his concluding speech to the Constituent Assembly on 25 November 1949, Ambedkar emphasised that the credit for the Constitution belonged partly to Sir B.N. Rau and the Drafting Committee.
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Influences from other countries' constitutions
The Indian Constitution is a unique document, drafted according to India's historical, geographical, cultural, and traditional characteristics. It is the world's longest written constitution for a sovereign nation. The Constituent Assembly assessed many constitutions and took the best provisions that suited India's diversity. The constitution was also influenced by previous legislation, including the Government of India Acts of 1858 and 1935, the Indian Councils Acts of 1861, 1892, and 1909, the Indian Independence Act of 1947, and the Indian nationalist struggle.
The preamble of the Indian Constitution is inspired by the US Constitution, with both documents starting with "We, the people..." reflecting the fact that both countries are republics with elected heads of state. The US Constitution also influenced the structure of legislative powers in India, with both countries practising federalism and empowering their judiciaries to interpret laws in accordance with constitutional principles. The idea of suspending fundamental rights during emergencies was borrowed from the German and Soviet Constitutions.
The Directive Principles of State Policy (DPSP), found in Part IV of the Indian Constitution, are taken from the Irish Constitution. The Indian Constitution also draws on the British Constitution in terms of dual citizenship, with India not permitting dual citizenship, unlike the UK. Additionally, the Indian Constitution's amendment process combines flexibility and rigidity, unlike the highly flexible British Constitution, which has no formal amendment process.
The Indian Constitution also shares some similarities with other democracies, such as a bicameral legislature with two houses, and written constitutions. However, the Indian Constitution is unique in its content and spirit, reflecting India's distinct historical, social, and political context.
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The Fundamental Rights chapter
The evolution of India's constitution, including the Fundamental Rights chapter, was a meticulous and lengthy process. It involved the Constituent Assembly, which played a pivotal role in drafting and shaping the constitution. The assembly, comprising 389 members (later reduced to 299 after the partition), took almost three years to finalise the document, holding eleven sessions over 165 days. The assembly's constitutional advisor, Sir B. N. Rau, presented the initial draft in February 1948, which underwent extensive discussions, debates, and amendments.
The rights enshrined in this chapter are universal and apply to all citizens of India, regardless of their background. They are enforceable by the courts and provide a framework for the country's legal system. If these rights are violated, the Supreme Court and High Courts can issue writs under Articles 32 and 226, respectively, to ensure their enforcement. The Fundamental Rights chapter has been amended over time, such as the removal of the Right to Property as a Fundamental Right in 1978 and the addition of the Right to Education Act in 2009.
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The constitution's length and complexity
The Indian Constitution is the world's longest written constitution for a sovereign nation. It is also the most detailed constitution in the world. At its enactment, it had 395 articles in 22 parts and 8 schedules. It now has 448 articles in 25 parts and 12 schedules. The document is about 145,000 words long, making it the second-longest active constitution in the world after the Constitution of Alabama.
The constitution was drafted by the 389-member Constituent Assembly, which was elected by the members of the provincial assemblies. The Constituent Assembly took almost three years to draft the constitution, holding eleven sessions over a 165-day period. The constitution was published in Dehradun and photolithographed by the Survey of India. The original constitution is hand-written, with each page decorated by artists from Shantiniketan, including Beohar Rammanohar Sinha and Nandalal Bose. Its calligrapher was Prem Behari Narain Raizada.
The length and complexity of the Indian Constitution can be attributed to several factors, including the need to accommodate the vast diversity of the country, the presence of legal experts and luminaries in the Constituent Assembly, and the desire to create a single constitution for both the central and state governments. The constitution was also influenced by the historical perspective of Indian nationalist struggles, the geographical diversity of India, and its traditional and cultural characteristics, which are unique to the nation.
The Indian Constitution has had more than 100 amendments since it was enacted. It has borrowed features from previous legislation, including the Government of India Act of 1935, the Indian Councils Acts of 1861, 1892, and 1909, and the Indian Independence Act of 1947. It has also absorbed provisions from other nations' constitutions to suit its polity and governance, although these provisions are not exact copies.
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Frequently asked questions
The Constitution of India is the supreme law of the Republic of India. It is the world's longest written constitution for a sovereign nation. It lays down the framework for the country's political system and fundamental rights.
The Constitution of India came into force on 26 January 1950, making India a sovereign republic. This date is known as the "Date of Enactment" and is celebrated annually as Republic Day.
The Constitution of India currently has 25 parts and 448 articles, although it originally consisted of 395 articles. The articles are grouped into various parts, each dealing with specific aspects of the country's legal, administrative, or governmental framework.
The Constituent Assembly, established in 1946, played a pivotal role in the constitution-making process. B.R. Ambedkar, the chair of the drafting committee, presented the Draft Constitution to the assembly in November 1948. The assembly held eleven sessions to consider, debate, and amend the draft before adopting it.
The Indian Constitution is the world's most frequently amended national governing document, with over 100 amendments made since its enactment. The latest amendment was given assent on 28 September 2023.
