Malcolm Rivera
The Constitution of India is the world's lengthiest constitution, with 448 articles in 25 parts, 12 schedules, and 106 amendments. It is the governing document of the Sovereign Socialist Secular Democratic Republic of India, also known as Bharat, and outlines its structure as a parliamentary system with a federal structure and certain unitary features. The Constitution of India was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950.
| Characteristics | Values |
|---|---|
| Number of parts | 25 |
| Number of articles | 448 |
| Number of schedules | 12 |
| Number of amendments | 106 |
| Date of adoption | 26 November 1949 |
| Date of enforcement | 26 January 1950 |
| Type of government | Parliamentary |
| Type of republic | Sovereign Socialist Secular Democratic |
| Constitutional head of the Executive of the Union | President |
| Number of houses of Parliament | 2 |
| Name of houses of Parliament | Rajya Sabha and Lok Sabha |
| Voting system | Secret, single transferable vote |
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What You'll Learn
- The Indian Constitution is the world's most frequently amended governing document
- The Indian Constitution is the world's lengthiest constitution
- The Indian Constitution is federal in structure with some unitary features
- The Indian Constitution's basic structure or framework is immutable
- The Indian Constitution provides for a parliamentary form of government
The Indian Constitution is the world's most frequently amended governing document
The Constitution of India is the supreme legal document of India and the world's longest written constitution of any sovereign state. 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 document also espouses constitutional supremacy, having been created by a constituent assembly rather than Parliament.
The Constitution of India has been amended over a hundred times, making it the world's most frequently amended governing document. In less than eight decades of the country's existence, it has been amended 103 times, according to the World Economic Forum. The most recent amendment was given assent on 28 September 2023, bringing the total number of articles to 470, grouped into 25 parts, with 12 schedules and five appendices.
The Constitution is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies. For instance, the US Constitution, with only 4,400 words, has been amended just 27 times since its enactment in 1787.
The Indian Constitution does not contain a provision to limit the powers of Parliament to amend it. However, the Supreme Court has ruled that while no part of the Constitution is protected from amendment, its basic structure or framework is immutable. This means that an amendment cannot destroy what it seeks to modify and cannot tinker with the basic structure, which includes the independence of the judiciary and the fundamental rights of the people.
The process of amending the Constitution involves passing an amendment bill by a two-thirds majority in each house of Parliament, with at least two-thirds of the members present and voting in favour. Certain amendments pertaining to the Constitution's federal nature must also be ratified by a majority of state legislatures.
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The Indian Constitution is the world's lengthiest constitution
The Indian Constitution is the world's lengthiest written constitution. It has 145,000 words in its English-language version, though some sources place it at 146,385 words. In contrast, the US Constitution has only 4,400 words, and the Monaco Constitution, the world's shortest, has 3,814. The Indian Constitution is over 30 times longer than the US Constitution and is still growing. Since its formation between 1947 and 1950, it has been amended 100-103 times, with the most recent changes occurring in 2017. The original text of the Constitution contained 395 articles in 22 parts and eight schedules. The number of articles has since increased to 448, and it now has 12 schedules and five appendices.
The Indian Constitution is regarded as the world's lengthiest because it encompasses all the specifics and descriptions of the authorities held by the government, legislature, and judiciary. The bulkiness of the constitution is also attributable to characteristics taken from the constitutions of many countries, including the UK, Canada, France, Australia, Germany, the Soviet Union, South Africa, and Japan. The Indian Constitution is a one-of-a-kind document and the world's biggest written liberal democratic constitution.
The Constitution declares that India is a ""Union of States," with states retaining key powers for themselves and having strong influence over the national government via the Rajya Sabha or Council of States. The Constitution also provides limits on state powers and gives the final say in many cases to the national government. The states are represented in the Rajya Sabha, with the number of seats in the Council of States based roughly on each state's population. The members of each state legislature elect and appoint these representatives. On most topics, the Rajya Sabha is coequal with the lower house, or Lok Sabha, and its consent is required for a bill to become a law.
The Constitution also establishes the roles of the executive and legislative branches. While the Constitution gives legislative powers to the two Houses of Parliament, it requires the President's signature for a bill to become law. The President is chosen by an electoral college composed of members of both the national and state legislatures. Half of the votes in the electoral college are assigned to state representatives in proportion to the population of each state, and the other half are assigned to national representatives. The voting is conducted using a secret, single transferable vote.
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The Indian Constitution is federal in structure with some unitary features
The Indian Constitution is the world's most frequently amended national governing document. It is a unique blend of federal and unitary features, balancing power between the central and state governments. The Constitution establishes a dual polity, with the Union and state governments handling different areas of governance.
The Union government at the centre deals with matters of national importance like defence, foreign affairs, currency, and so on. The state governments, on the other hand, deal with matters of regional and local importance like public order, agriculture, health, and local government. The Constitution identifies the powers that are vested with the union and the states, and both governments are independent in their respective charges.
The Indian Constitution has deviated from traditional federal systems like those of the US, Switzerland, and Australia. It has incorporated a large number of unitary features, tilting the balance of power in favour of the centre. The division of power is unequal, with the Union list having a greater number of subjects compared to the state list. The centre also has overriding power, even in the concurrent list.
The states are financially dependent on the centre, which is a deviation from the federal structure. The states have few revenue avenues but immense expenditure requirements, creating this dependence. The All India service officers (IAS, IFS, and IPS) are common to the centre and the states, violating the essential principles of federalism. The Governor, who is appointed by the President, functions as the agent of the centre, and the centre exercises its power in the states through the Governor. The President also constitutes the Election Commission, which conducts elections at both the centre and the states.
The Indian Constitution establishes a unified judicial system, with the Supreme Court at the apex. The judiciary is expected to remain unaffected by pressure from other branches of the state, citizens, or interest groups. It has the final authority in interpreting the constitution and would invalidate any action that violates it.
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The Indian Constitution's basic structure or framework is immutable
The Constitution of India is the supreme legal document of India and the longest written national constitution in the world. 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 a set of rules and regulations that guide the administration of the country.
The Indian Constitution is structured into various Parts, each dealing with a specific aspect of the country's legal, administrative, or governmental framework. Originally, there were 22 parts, but now there are 25. An "Article" refers to a specific provision or clause within the Constitution that details various aspects of the country's legal and governmental framework. Each part of the constitution contains several articles numbered sequentially. Originally, there were 395 articles, but now the Indian Constitution contains 448 articles.
The Constitution of India is based on constitutionalism, a system where the Constitution is supreme and the institution's structure and processes are governed by constitutional principles. It provides the template or framework within which the state has to carry out its operations. It also puts limitations on the government. The Constitution does not contain all the laws that govern the country. Parliament and the state legislatures make laws from time to time on various subjects, within their respective jurisdictions.
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The Indian Constitution provides for a parliamentary form of government
The Indian Constitution, established in 1950, provides for a parliamentary form of government. This system, inspired by the British model, is adapted to suit the unique needs and diversity of India's population. The Constitution outlines the provisions for the President, the Council of Ministers, and Parliament, collectively shaping India's parliamentary system.
At the heart of this system is the President, who serves as the ceremonial head of state. While the President has certain powers and duties prescribed by the Constitution, the real executive authority rests with the Council of Ministers, led by the Prime Minister. This structure is a result of colonial influences on India, where the executive possesses nominal power, and an official "advisor" wields actual power.
The Indian Constitution establishes India as a "Sovereign Socialist Secular Democratic Republic," with a federal system of governance between the Union and the States. It grants all citizens Fundamental Rights and empowers an independent judiciary to invalidate any legislation or government action that violates the Constitution. The judiciary's independence is a fundamental aspect of the Constitution, safeguarding the basic rights of citizens and balancing the exercise of power between the central government and the states.
The Constitution also provides for a single integrated system of courts, with the Supreme Court of India at the apex, followed by High Courts and District Courts. The Supreme Court's decisions are binding on all courts within India, and it plays a crucial role in ensuring the rule of law and interpreting the Constitution.
The parliamentary form of government in India has faced criticism and sparked debates about its effectiveness due to disruptions in the Indian Parliament. These incidents have raised concerns about the smooth functioning of the Parliament and its ability to conduct legislative business efficiently. However, the choice of a parliamentary system for India was a result of thorough deliberations, and it remains an important aspect of the country's political structure.
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Frequently asked questions
India has had one constitution, the Constitution of India, which was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950.
The Indian Constitution presently has 25 parts, 448 articles, 12 schedules, and 106 amendments.
The Indian Constitution is the world's most frequently amended national governing document.
