Simone Lawson
The Indian Constitution is a significant document for several reasons. Firstly, it is the lengthiest and most detailed written constitution in the world, reflecting the country's diverse experiences and aspirations. Secondly, it establishes a parliamentary system and a prime ministerial government, outlining the framework for the country's political system and defining the powers and duties of government institutions. Thirdly, it safeguards the fundamental rights of citizens and espouses constitutional supremacy, with the Supreme Court playing a crucial role in interpreting and protecting the constitution's basic structure. The constitution also blends rigidity and flexibility, allowing for amendments while preserving core principles. Lastly, it is a social document, embodying values such as sovereignty, equality, justice, liberty, and secularism, and reflecting India's historical struggles and societal aspirations.
| Characteristics | Values |
|---|---|
| Lengthiest written constitution | 448 articles in 25 parts, 12 schedules, and 105 amendments (out of 127 Constitution Amendment Bills) |
| Drawn from various sources | The Government of India Acts of 1858, 1919, and 1935, the Indian Councils Acts of 1861, 1892, and 1909, the Indian Independence Act of 1947, and the constitutions of various other countries |
| Blend of rigidity and flexibility | Certain provisions are difficult to change (rigid) and require a two-thirds majority vote in both houses of Parliament and ratification by half the state legislatures, while others can be easily amended (flexible) |
| Comprehensive and complex legal framework | The constitution is very complex for the common man to understand, giving rise to litigation and constitutional amendments |
| Adopts best features of other constitutions | The Indian Constitution has adopted the best features of most of the major constitutions of the world as per the needs of the country, including the 'due process of law' from the American Constitution and the principle of judicial supremacy from the US Supreme Court |
| Parliamentary system | The Indian Constitution establishes a parliamentary system at the Centre and in the States, with the Prime Minister playing a significant role |
| Sovereign | India is no longer dependent on any outside authority |
| Socialist | The state has significant ownership of the means of production and distribution |
| Secular | No religion is recognized as the religion of the state |
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What You'll Learn
The Indian Constitution is the supreme law of the land
The Constitution of India is the supreme law of the Republic of India. It is the lengthiest written constitution in the world, with 448 articles, 25 parts, and 12 schedules. The constitution was drafted by the Constituent Assembly, which was elected by the members of the provincial assemblies. It took the assembly almost three years to draft the constitution, holding eleven sessions over a 165-day period.
The Indian Constitution lays down the framework for the country's political system, defining the powers and responsibilities of government institutions, safeguarding fundamental rights, and outlining the principles of governance. It establishes a parliamentary system at the Centre and in the States, with the Prime Minister playing a significant role. The Constitution also sets out fundamental rights, directive principles, and the duties of citizens.
The Constitution of India is a unique document that blends rigidity and flexibility. Certain provisions are difficult to change and require a two-thirds majority vote in both houses of Parliament and ratification by half of the state legislatures. Other provisions can be easily amended by a simple majority vote in Parliament. The Constitution has been amended over 100 times, making it the world's most frequently amended national governing document.
The Indian Constitution is a social document that reflects the nation's collective journey toward democracy, justice, and equality. It is influenced by the country's historical struggles, philosophical ideals, and societal aspirations. The Constitution also borrows features from other nations' constitutions, such as the Government of India Act of 1935, but adapts them to suit India's unique context.
The Lengthy Indian Constitution: A Comprehensive Document
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It is the world's lengthiest written constitution
The Indian Constitution is a unique document. It is the world's lengthiest written constitution, with 145,000 words in its English-language version. In comparison, the US Constitution has only 4,400 words, and the Monaco Constitution, the world's shortest written constitution, has 3,814 words. The Indian Constitution's length can be attributed to several factors, including the need to accommodate the vast diversity of the country, the presence of legal experts in the Constituent Assembly, and the fact that it is a single constitution for both the central and state governments.
The Constitution of India is the supreme legal document of India and the fundamental law of the land. It lays down the framework for the country's political system, defining the powers and responsibilities of government institutions, safeguarding fundamental rights, and outlining the principles of governance. The constitution is so specific in spelling out government powers that many amendments address issues typically dealt with by statute in other democracies. For example, the "right to life" guaranteed under Article 21 has been expanded to include a number of human rights.
The Indian Constitution has been amended over 100 times since it came into effect on January 26, 1950, which is significantly more than the US Constitution, which has been amended 27 times. The Indian Constitution's length and complexity have led to criticisms that it is "unwieldy and incomprehensible" and may hinder the country's progress due to a lack of unanimity in understanding the rules.
The Constitution of India has borrowed from various sources, 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 constitutions of various other countries. It reflects the nation's collective journey toward democracy, justice, and equality.
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It is a blend of rigidity and flexibility
The Indian Constitution is a significant document as it is the supreme legal document and the fundamental law of the land. It lays down the framework for the country's political system, defining the powers and responsibilities of government institutions, and outlining the principles of governance. It is the lengthiest written constitution in the world, a comprehensive and detailed document that accommodates the vast diversity of the country.
The Constitution of India is a blend of rigidity and flexibility. It is designed to be both flexible and rigid, with some parts easily changed and others difficult to alter. This balance ensures that the nation can grow and evolve while preserving its core values and principles. The framers of the Constitution intended for it to be a living, organic document that could adapt to the changing needs of the country. This is reflected in the amendment process, which is neither as simple as in Britain nor as challenging as in the USA.
The Constitution combines federal and unitary features, adopting the British Parliamentary System of Government based on cooperation and coordination between the legislative and executive branches. It also synthesises parliamentary sovereignty and judicial supremacy, with the judiciary empowered to review and interpret laws in light of constitutional principles. This delicate balance ensures that the Constitution is neither too rigid nor too flexible, allowing for dynamic governance that can respond to the needs of the people while maintaining a stable framework.
The flexibility of the Indian Constitution is evident in its wording, which is general rather than vague, allowing for interpretation and adaptation. This flexibility has resulted in it becoming the world's most frequently amended national governing document. However, the Constitution also has rigid elements, with certain core features that are challenging to change. These include the fundamental rights and directive principles that are central to the spirit of the Constitution.
The blend of rigidity and flexibility in the Indian Constitution is a key factor in its significance and longevity. It allows the document to strike a balance between adaptability and stability, ensuring that the country can grow and evolve while preserving its fundamental values and principles. This blend has contributed to the Indian Constitution's enduring nature and its ability to guide the nation towards democracy, justice, and equality.
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It establishes a parliamentary system
The Indian Constitution, which came into force on 26 January 1950, is the supreme law of the Republic of India. It establishes a parliamentary system of government, with the President and the two Houses of Parliament – the Lok Sabha (House of the People) and the Rajya Sabha (Council of States) – forming the supreme legislative body of India. The President of India, who is elected by the members of Parliament and state Legislative Assemblies, acts as the head of state. The President's role is largely formal, with the Prime Minister acting as the head of government and entrusted with executive powers.
The Indian Constitution establishes a parliamentary system of government, where the executive is part of the legislature and shares power with it. This system is also known as a Cabinet Government, with executive powers concentrated in the hands of the Cabinet. The legislature, or the law-making body, frames laws and policies required to govern the country. The parliamentary system in India maintains a close relationship between the legislative and executive levels of the government, thus eliminating authoritarianism.
The Lok Sabha, or the lower house, consists of 545 members, 543 of whom are directly elected by citizens on the basis of universal adult franchise. The remaining two members are nominated by the President from the Anglo-Indian community. The Lok Sabha can be dissolved by the President of India. The Rajya Sabha, on the other hand, is a permanent body that cannot be dissolved. It consists of 245 members, including 233 representatives of the states and union territories, and 12 members nominated by the President.
Parliamentary privileges play a crucial role in safeguarding the functioning of the Indian Parliament and its authority as the primary legislative body. These privileges grant certain rights and immunise Members of Parliament, enabling them to perform their duties effectively and express their views freely. One of the most fundamental parliamentary privileges is the freedom of speech and expression granted to Members of Parliament. Additionally, parliamentary privileges provide Members of Parliament with protection from arrest in civil cases during parliamentary sessions, allowing them to discharge their legislative responsibilities without hindrance.
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It is a social document
The Indian Constitution is a significant document for many reasons. Firstly, it is the supreme legal document and the fundamental law of the land, providing a framework for the country's political system and guiding its functioning. It is also the longest written national constitution in the world, a comprehensive and detailed document that reflects the nation's collective journey toward democracy, justice, and equality.
The Indian Constitution is also a social document, as described by Granville Austin. This means that it is rooted in the historical struggles, philosophical ideals, and societal aspirations of the Indian people. It is a reflection of the diverse experiences and aspirations of the people, and it aims to realise the goals set for all the people of India. The constitution is deliberately worded in generalities to ensure its flexibility and accommodate the vast diversity of the country.
The social nature of the Indian Constitution is evident in its adoption of the best features of major constitutions worldwide, tailored to suit India's unique needs and conditions. It establishes a parliamentary system at the Centre and in the States, recognising the significant role of the Prime Minister. The constitution also outlines fundamental rights, directive principles, and the duties of citizens, with the right to life guaranteed under Article 21 expanded to include a range of human rights.
The Indian Constitution's social character is further emphasised by its blend of rigidity and flexibility. While some provisions are difficult to change and require a special procedure for amendment, others can be easily amended to accommodate the dynamic nature of society and the needs of its people. This blend ensures that the constitution remains a living document, capable of evolving with the changing social landscape of the country.
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Frequently asked questions
The Indian Constitution is the supreme law of the Republic of India. It is the lengthiest and most detailed written constitution in the world, with 448 articles in 25 parts and 12 schedules. It lays out the fundamental principles of governance and the rights and duties of citizens. It is also unique in that it establishes a parliamentary system and a "Prime Ministerial Government".
The Indian Constitution revolves around several key principles, including sovereignty, equality, justice, liberty, fraternity, dignity, secularism, federalism, and democracy.
The Indian Constitution was drafted by the Constituent Assembly, which was made up of elected members of the provincial assemblies. It took almost three years to draft the constitution, and it was influenced by various sources, including the Government of India Acts of 1919 and 1935, and the constitutions of other countries.
