Simone Lawson
The Indian Constitution is the supreme legal document of India and the longest written national constitution in the world. It was adopted by the Constituent Assembly of India on 26 November 1949 and came into force on 26 January 1950. The constitution contains various articles and clauses that outline the fundamental political code, structure, procedures, powers, and duties of government institutions, as well as the fundamental rights, directive principles, and duties of citizens. While the exact number of clauses in the Indian Constitution is not explicitly mentioned, there are numerous references to specific clauses within the document, such as Clause (4) of Article 16 and Clause 1 of Article 18.
Characteristics and Values of the Indian Constitution
| Characteristics | Values |
|---|---|
| Length | Longest written national constitution in the world |
| Creation | Drafted by a Constituent Assembly, not Parliament |
| Amendments | Does not contain a provision to limit the powers of Parliament to amend the constitution |
| Framework | Sets out fundamental rights, directive principles, and duties of citizens |
| Government Institutions | Defines the political code, structure, procedures, and powers of government institutions |
| Judicial Review | Adopted from the United States Constitution |
| Judiciary | Expected to be independent and unaffected by pressure from other branches of the state |
| Equality | Articles 14 and 16 promote equality and equality of opportunity |
| Fundamental Rights | Protects against sexual harassment, which is considered a violation of gender equality and the right to life |
| Assembly | Over 30 representatives of the scheduled classes were involved |
| Effective Date | 26 January 1950 |
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What You'll Learn
The Indian Constitution is the supreme legal document of India
The Constitution grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislations or government actions that violate it. The judiciary protects the fundamental rights of the people, as enshrined in the Constitution, from infringement by any state body, and balances the conflicting exercise of power between the central government and state governments. The Indian Constitution also provides for a single integrated system of courts to administer both Union and State laws. At the apex of the entire judicial system is the Supreme Court of India, followed by the High Courts in each State or group of States. The Supreme Court of India comprises the Chief Justice of India and not more than 33 other Judges appointed by the President of India.
The Constitution also contains provisions for a Judge of the High Court to be appointed as an ad-hoc Judge of the Supreme Court and for retired Judges of the Supreme Court or High Courts to sit and act as Judges of that Court. The independence of the judiciary is part of the basic structure of the Indian Constitution, and it cannot be changed by the legislature or the executive. The decisions of the Supreme Court are binding on all Courts within the territory of India.
The Indian Constitution is so specific in spelling out government powers that many amendments address issues typically dealt with by statute in other democracies. Despite the supermajority requirement for amendments, it is the world's most frequently amended national governing document.
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It was adopted by the Constituent Assembly of India on 26 November 1949
The Constituent Assembly of India was a partly elected and partly nominated body that framed the Indian Constitution. It was conceived and created by V. K. Krishna Menon, who first outlined its necessity in 1933. The official demand for a Constituent Assembly was raised in 1936, and the demand was accepted by the British in 1940. The Constituent Assembly was elected by the Provincial assemblies of British India following the Provincial Assembly elections held in 1946. The total membership of the Constituent Assembly was 389, including 292 representatives of the provinces, 93 representatives of the princely states, and 4 representatives from the chief commissioner provinces. The Assembly met for the first time on December 9, 1946, and its last session was held on January 24, 1950.
The Constituent Assembly of India was elected to write the Constitution of India, and it served as its first Parliament as an independent nation. The Assembly approved the Constitution on November 26, 1949, and it became effective on January 26, 1950, a day now commemorated as Republic Day in India. 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. The Indian Constitution is the supreme legal document of India and is the longest written national constitution in the world. It lays down the framework that demarcates the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens.
The Constituent Assembly took almost three years to complete its historic task of drafting the Constitution for Independent India. During this period, it held eleven sessions covering a total of 165 days, of which 114 days were spent considering the Draft Constitution. The Assembly's members were chosen by indirect election by the members of the Provincial Legislative Assemblies. The Assembly's hope was expressed by Jawaharlal Nehru, who said: "The first task of this Assembly is to free India through a new Constitution, to feed the starving people, and to clothe the naked masses and to give every Indian the fullest opportunity to develop himself according to his capacity."
The Constitution of India was drafted by Dr. B.R. Ambedkar in conjunction with the requisite deliberations and debates in the Constituent Assembly. Ambedkar noted that the amount of attention that was necessary for drafting such an important constitution had not been given by the Drafting Committee. However, he also expressed his gratitude to the Committee for achieving the task in a commendable manner. The Constitution of India espouses constitutional supremacy, and although it does not contain a provision to limit the powers of Parliament to amend the Constitution, the Supreme Court has held that certain features of the Constitution are so integral that they could never be removed. This is known as the 'Basic Structure' Doctrine.
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The Constitution replaced the Government of India Act 1935
The Indian Constitution is the supreme legal document of India and is the world's longest written national constitution. It lays down the framework that demarcates the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950, replacing the Government of India Act 1935 as the country's fundamental governing document.
The Government of India Act 1935 was a milestone in the development of a responsible constitutional government in India. It laid down a federal form of government for India and ended the system of diarchy introduced by the Government of India Act 1919. The 1935 Act provided for the establishment of a Federation of India, which would be made up of provinces of British India and some or all of the Princely States. However, the required number of princely states did not join, and as a result, the federation never materialized. The Act also divided powers between the centre and the provinces, with the Viceroy retaining considerable 'special powers' and residual powers.
The 1935 Act was not satisfactory to Indian politicians, who felt that the areas they had official control over were still in the hands of British officials with full control. They demanded constitutional reforms and a greater role in the government of their country. This demand was partly a result of India's support for Britain in the First World War, which led to the British acknowledging the need for the inclusion of more Indians in the administration of their country. The 1935 Act was also offensive to much of Indian opinion because it gave the Viceroy the power to declare war without consulting the elected representatives of the Indian people.
The Constitution of India replaced the Government of India Act 1935 as the country's fundamental governing document. The Constitution espouses constitutional supremacy, and although it does not contain a provision to limit the powers of Parliament to amend the Constitution, the Supreme Court has held that certain features of the Constitution are so integral that they could never be cut out. This is known as the Basic Structure Doctrine. The Constitution also provides for an independent judiciary, which has been held as a basic feature of the Constitution that cannot be changed by the legislature or the executive.
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It became effective on 26 January 1950
The Indian Constitution is the supreme legal document of India and the longest written national constitution in the world. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. The Constitution of India came into effect on 26 January 1950, and this day is celebrated annually in India.
The process of drafting the constitution took 2 years, 11 months and 18 days, and cost ₹6.4 million. The Constituent Assembly, with over 30 representatives of the scheduled classes, adopted the Constitution on 26 November 1949, and it came into force on 26 January 1950. The Constitution replaced the Government of India Act 1935 as the country's fundamental governing document. It repealed the Indian Independence Act 1947, and India ceased to be a dominion of the British Crown, becoming a sovereign, democratic republic.
The Constituent Assembly was made up of 389 members (reduced to 299 after the partition of India) and took almost three years to draft the constitution, holding eleven sessions over a 165-day period. The Assembly was elected by the elected members of the provincial assemblies. The Constitution provides for a parliamentary form of government, which is federal in structure with certain unitary features. The constitutional head of the Executive of the Union is the President, who is advised by a Council of Ministers with the Prime Minister as its head.
The Constitution also establishes an independent judiciary, which acts as a watchdog to prevent legislative or executive acts from overstepping constitutional bounds. The judiciary protects the fundamental rights of the people from infringement by any state body and balances the conflicting exercise of power between the central government and state governments.
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The Indian Constitution does not limit Parliament's power to amend it
The Indian Constitution is the supreme legal document of India and the world's longest written national constitution. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out the fundamental rights, directive principles, and duties of citizens. The Constitution came into effect on 26 January 1950, and India became a sovereign, democratic republic.
The Indian Constitution does not contain a provision to limit the powers of Parliament to amend it. Article 368 of the Constitution of India, titled "Power of Parliament to amend the Constitution and procedure therefor", outlines the process by which the Constitution can be amended. An amendment of the Constitution may be initiated by the introduction of a Bill in either House of Parliament. When the Bill is passed in each House by a majority of the total membership and by a majority of not less than two-thirds of the members present and voting, it is presented to the President for their assent. If the amendment seeks to make changes to certain specified articles or chapters of the Constitution, it must also be ratified by the Legislatures of at least half of the States.
The absence of a provision limiting Parliament's power to amend the Constitution has been a subject of debate and controversy. In the landmark Golaknath case of 1967, the Supreme Court limited Parliament's authority to amend Fundamental Rights. However, in response, Parliament enacted the Constitution (Twenty-fourth Amendment) Act in 1971, which added two clauses to bring Fundamental Rights under Parliament's amending power. The Supreme Court's decision in the Golaknath case was thus reversed, and it was reaffirmed that Parliament has the power to amend any provision of the Constitution.
While some argue that the undisputed authority of Parliament is a threat to democratic principles, others contend that a rigid Constitution would hinder progressive legislation and limit its ability to adapt to changing social and political conditions. The ease of amending the Constitution is evident in the fact that India's governing document is the world's most frequently amended, despite the supermajority requirement for amendments to pass. The process of amending the Constitution involves both houses of Parliament, the President, and in some cases, the ratification of a majority of state legislatures, providing a comprehensive framework for implementing changes to the nation's supreme legal document.
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Frequently asked questions
The Indian Constitution does not specify the number of clauses it contains, but it is the longest written national constitution in the world.
The Constitution of India is the supreme legal document of India. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens.
The Indian Constitution came into force on 26 January 1950, after 2 years, 11 months and 18 days, and with a total expenditure of ₹6.4 million.
The Indian Constitution espouses constitutional supremacy, as it was created by a constituent assembly rather than Parliament. It also protects the fundamental rights of its citizens and provides for an independent judiciary, which is expected to remain unaffected by pressure from other branches of the state.
The Indian Constitution does not contain a provision to limit the powers of Parliament to amend it. However, the Supreme Court has held that certain features of the Constitution are so integral that they cannot be removed. This is known as the 'Basic Structure' Doctrine.
