Isabella Carter
The Indian Constitution is a comprehensive document that outlines the country's fundamental laws and principles. It serves as the foundation for the nation's legal system and defines the rights and responsibilities of its citizens. Since its adoption, the Indian Constitution has been amended several times to address the evolving needs of the nation. As of 2022, there are a total of 104 acts in the Indian Constitution, each addressing specific aspects of governance, civil liberties, and societal norms. Understanding the number of acts and their implications is crucial for comprehending the complexity of India's legal framework and its impact on the lives of its citizens.
| Characteristics | Values |
|---|---|
| Number of Articles | 470 |
| Number of Parts | 25 |
| Number of Schedules | 12 |
| Number of Appendices | 5 |
| Number of Amendments | 106 |
| Date of Last Amendment | 28 September 2023 |
| Date of Adoption | 26 November 1949 |
| Date of Enforcement | 26 January 1950 |
| Replaced Governing Document | Government of India Act 1935 |
| Word Count | 145,000 |
| Global Rank by Length | 2nd |
| Keywords in Preamble | "socialist", "secular", "integrity" |
| Keywords Added in 1976 | "secular" |
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What You'll Learn
The Indian Constitution is the world's longest for a sovereign nation
The Indian Constitution is the longest written constitution of any sovereign state in the world. It contains approximately 145,000 words, which is over 30 times the length of the US Constitution, which has only 4,400 words. The Indian Constitution was composed between 1947 and 1950 and came into effect on 26 January 1950, India's Republic Day. The Constitution of India is the supreme legal document of India and lays 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.
The original text of the Indian Constitution contained 395 articles in 22 parts and 8 schedules. The number of articles has since increased to 448 due to 100 amendments, with the latest amendment being made on 28 September 2023. The amended constitution has a preamble and 470 articles, which are grouped into 25 parts. With 12 schedules and five appendices, it has been amended 106 times. The Constitution's articles are grouped into the following parts: Preamble, with the words "socialist", "secular", and "integrity" added in 1976 by the 42nd amendment; Part I – The Union and its Territory – Articles 1 to 4; Part XXII – Short title, date of commencement, authoritative text in Hindi, and repeals – Articles 393 to 395. Schedules are lists in the constitution that categorize and tabulate bureaucratic activity and government policy.
The Indian Constitution is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies. The Constitution is frequently amended, and the process of amendment is not easy. An amendment bill must be passed by each house of Parliament by a two-thirds majority of its total membership when at least two-thirds are present and voting. Certain amendments pertaining to the constitution's federal nature must also be ratified by a majority of state legislatures. Despite the supermajority requirement for amendments to pass, the Indian Constitution is the world's most frequently amended national governing document.
The Constitution of India is different from other federal court systems, such as the United States, where state courts mainly apply state law, and federal courts mainly apply federal law. Under the Indian Constitution, the High Courts of the States are directly constituted by the national constitution. The Constitution also allows states to set up lower courts under and controlled by the state's High Court. All cases, whether dealing with federal or state laws, move up the same judicial hierarchy, creating a system sometimes termed integrated federalism.
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It has been amended over 100 times
The Indian Constitution is the world's longest for a sovereign nation. At its enactment, it had 395 articles in 22 parts and 8 schedules. As of 2021, there are 448 articles, grouped into 25 parts. The amended constitution has a preamble and 470 articles, 12 schedules, and five appendices. It has been amended over 100 times—106 times, to be precise—with the latest amendment added on 28 September 2023.
The first amendment was made as early as June 18, 1951, just over a year after the constitution came into effect on 26 January 1950. The constitution is so specific in spelling out government powers that many of the amendments address issues dealt with by statute in other democracies. The types of amendments are classified into three categories, with the second and third types governed by Article 368. The first type of amendment can be passed by a simple majority in each house of the Indian Parliament. The second type of amendment requires a 'special majority' in each house of Parliament. The third type of amendment requires, in addition to such a "special majority," ratification by at least half of the state legislatures.
Despite the supermajority requirement for amendments to pass, the Indian constitution is the world's most frequently amended national governing document. This is partly because it does not contain a provision to limit the powers of Parliament to amend the constitution. However, the Supreme Court held that there were certain features of the Indian constitution so integral to its functioning and existence that they could never be cut out of the constitution. This is known as the 'Basic Structure' Doctrine.
The Eighty-sixth Amendment, for example, provides for the Right to Education for children aged six to fourteen and Early Childhood Care until the age of six.
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It lays out the fundamental rights of citizens
The Indian Constitution guarantees its citizens fundamental rights, which are enshrined in Part III (Articles 12–35). These rights are fundamental as they are the most essential for all-round development, i.e. material, intellectual, moral, and spiritual, and are protected by the fundamental law of the land, i.e. the Constitution.
These rights are universal and apply to all citizens of India, irrespective of their race, place of birth, religion, caste, or gender. They are enforceable by the courts, subject to certain restrictions. The rights include individual rights common to most liberal democracies, such as equality before the law, freedom of speech and expression, freedom of association and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights.
The right to equality is one of the important fundamental rights of the Indian Constitution that guarantees equal rights for everyone, irrespective of religion, gender, caste, race, or place of birth. It ensures equal employment opportunities in the government and insures against discrimination by the State in matters of employment on the basis of caste, religion, etc. This right also includes the abolition of titles and untouchability.
The Fundamental Rights in India also protect the cultural and educational rights of religious, cultural, and linguistic minorities, by facilitating them to preserve their heritage and culture. Educational rights are for ensuring education for everyone without any discrimination. When the Constitution of India came into force, it gave seven fundamental rights to its citizens. However, the Right to Property was removed as a Fundamental Right through the 44th Constitutional Amendment in 1978. In 2009, the Right to Education Act was added, entitling every child between the age of 6 to 14 years to free education.
The origins of these rights are found in many sources, including England's Bill of Rights, the United States Bill of Rights, and France's Declaration of the Rights of Man. They were also inspired by the Constitution of the Soviet Union, which influenced the fundamental duties of citizens as a means of collective patriotic responsibility for national interests and challenges.
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It outlines the duties of citizens
The Indian Constitution is the world's longest for a sovereign nation, with around 145,000 words. It was adopted on 26 November 1949 and became effective on 26 January 1950. The Constitution replaced the Government of India Act 1935 as the country's fundamental governing document, marking the Dominion of India's transition to the Republic of India.
The Constitution of India initially did not contain any Fundamental Duties. However, the need for these duties was felt during the operation of the internal emergency from 1975 to 1977. Consequently, the Government of India appointed the Sardar Swaran Singh Committee in 1976 to make recommendations about Fundamental Duties. The Committee proposed the inclusion of eight Fundamental Duties, but the 42nd Constitutional Amendment Act of 1976 included ten, outlined in Article 51A of Part IV-A. The 86th Constitutional Amendment Act of 2002 added an eleventh Fundamental Duty, bringing the total to eleven.
The eleven Fundamental Duties of the Indian Constitution can be summarised as a set of moral and ethical obligations that citizens are expected to uphold towards the nation. They guide citizens in their moral and civic obligations, fostering a collective ethos that is vital for the sustained progress and well-being of the nation. These duties are derived from various sources, including the Constitution of the erstwhile Soviet Union, the thoughts of Mahatma Gandhi, and other constitutional experts. They reflect a blend of national and international values.
The Fundamental Duties include the obligation to abide by the Constitution and respect its institutions, such as the National Flag and the National Anthem. They also encompass the duty to uphold the sovereignty and integrity of the country, fostering a sense of patriotism and loyalty among citizens, which contributes to national unity. Environmental conservation is another critical aspect, with citizens encouraged to act responsibly towards ecological sustainability.
The duties outlined in the Indian Constitution act as a tool for civic education, promoting moral values and ethical conduct. They help instil a sense of responsibility, discipline, and civic consciousness, shaping individuals into responsible citizens. The duty to develop a scientific temper and the spirit of inquiry encourages a rational mindset, which is crucial for societal progress.
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It establishes India as a democratic republic
The Indian Constitution is the world's longest for a sovereign nation, with 145,000 words. It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950, establishing India as a democratic republic.
The Indian Constitution sets out the country's political code, federal structure, powers of government, and guarantees Indians' rights, including equality before the law and freedom of speech, assembly, movement, opinion, and association. It also guarantees freedom from religious persecution. The Constitution replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. It is worth noting that India's government is modelled loosely on the British Westminster system.
The Constitution provides for a parliamentary form of government, with a President as the head of state, and an executive headed by the Prime Minister. The legislature consists of a Parliament with an upper and lower house, the Rajya Sabha and Lok Sabha, and a judiciary with the Supreme Court at its head. The President is the constitutional head of the Executive of the Union, and the Prime Minister is the head of the Council of Ministers, which advises the President.
The Constitution also allows states to set up lower courts under and controlled by the state's High Court. Cases heard or appealed at the High Courts can be further appealed to the Supreme Court of India in some cases. All cases, whether dealing with federal or state laws, move up the same judicial hierarchy, creating a system sometimes called integrated federalism.
The Constitution also includes treaty-making as part of the executive power given to the President. However, because the President must act on the advice of the Council of Ministers, the Prime Minister is primarily responsible for making international treaties.
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Frequently asked questions
The Indian Constitution is the world's longest for a sovereign nation. It originally contained 395 articles in 22 parts and 8 schedules. It has since been amended 106 times, the latest amendment being made on 28 September 2023. The amended constitution now has 470 articles, with some sources stating 448 articles, which are grouped into 25 parts.
The Indian Constitution has been amended 106 times, with the latest amendment being made on 28 September 2023.
The Indian Constitution originally had 22 parts. It now has 25 parts.
The Indian Constitution originally had 8 schedules. It now has 12 schedules.
