Eleanor Finch
The Indian Constitution, which came into effect on 26 January 1950, is the world's most frequently amended national governing document. The Constitution is so specific in outlining government powers that many of its amendments address issues that are dealt with by statute in other democracies. The document is so detailed that it even outlines the role of the judiciary, which is to act as a watchdog, preventing any legislative or executive act from overstepping constitutional bounds.
| Characteristics | Values |
|---|---|
| Date of enforcement | 26 January 1950 |
| Number of articles | 395 |
| Languages | English, Hindi |
| Nature | Dualist, Unitary |
| Amendments | Most frequently-amended national governing document in the world |
| Citizenship | No dual citizenship |
| Legislative duty | Act as a watchdog, preventing constitutional overstepping |
| Judiciary | Independent |
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What You'll Learn
- The Indian Constitution is the world's most frequently amended governing document
- The Constitution outlines the judiciary's duty to protect the fundamental rights of people
- The Constitution assigns responsibility for law and order to states and territories
- The Constitution permits central government participation in police operations
- The Constitution has unitary features, such as vesting power of amendment in the Federal Government
The Indian Constitution is the world's most frequently amended governing document
The Indian Constitution is the world's longest written constitution of any sovereign state, with 145,000 words. It is also the world's most frequently amended governing document, with 103 amendments as of 2019. In comparison, the American Constitution, written in 1787 and ratified in 1788, has been amended just 27 times.
The Indian Constitution came into effect on January 26, 1950, marking India's transition from a dominion of the British Crown to a sovereign, democratic republic. It has since been amended 106 times, with the latest amendment added on September 28, 2023. The Constitution assigns responsibility for maintaining law and order to the states and territories, with most routine policing carried out by state-level police forces. It also permits the central government to participate in police operations and organisation by authorising the maintenance of the Indian Police Service.
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 Constitution's dualist nature, as outlined in Article 253, means that treaty law only takes effect when a domestic law passed using normal processes incorporates it into domestic law. However, recent Supreme Court decisions have moved the Indian Constitution towards a more hybrid regime, incorporating aspects of international law without enabling legislation from parliament.
The Constitution also establishes an independent judiciary, which acts as a watchdog to prevent legislative or executive acts from overstepping constitutional bounds. The judiciary also protects the fundamental rights of citizens, as enshrined in the Constitution, from infringement by any state body. The Supreme Court has ruled that certain features of the Constitution are immutable and cannot be changed by amendments, preserving the basic structure and framework of the document.
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The Constitution outlines the judiciary's duty to protect the fundamental rights of people
The Indian Constitution, which came into effect on 26 January 1950, is the world's most frequently amended national governing document. It establishes India as a "Sovereign Socialist Secular Democratic Republic" with a parliamentary form of government. The Constitution is the supreme legal authority, binding the legislative, executive, and judicial organs of government.
The Constitution outlines the judiciary's duty to protect the fundamental rights of the people. These rights are considered essential for the development of the personality of every individual and to preserve human dignity. They 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 life and personal liberty is available to all people, while some rights, such as freedom of speech and expression, are reserved for citizens alone. These rights are enforceable by the courts, and any violations are punishable as prescribed in the Bharatiya Nyaya Sanhita, subject to the judiciary's discretion.
The judiciary's independence is a fundamental feature of the Constitution, which cannot be changed by the legislature or the executive. Article 50 of the Constitution mandates the separation of the judiciary from the executive in public services. The courts are expected to remain unaffected by pressure exerted by other branches of the state, citizens, or interest groups. The Constitution grants the judiciary the power to invalidate any legislation or government action that violates the Constitution.
The Constitution assigns responsibility for maintaining law and order to the states and territories, and most routine policing is carried out by state-level police forces. The central government is also permitted to participate in police operations and organization through the Indian Police Service. The Seventh Schedule of the Constitution contains three lists: the Union List, the State List, and the Concurrent List, which outline the law-making powers of Parliament and State Legislatures. While the Constitution bars multiple citizenship, it has created a limited form of dual nationality called Overseas Citizenship of India, which does not include political rights or participation in the government.
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The Constitution assigns responsibility for law and order to states and territories
The Indian Constitution is the world's most frequently amended national governing document. It is highly specific in spelling out government powers and is so detailed that many amendments address issues dealt with by statute in other democracies. The Constitution became effective on 26 January 1950, marking India's transition to a sovereign democratic republic.
The Constitution assigns responsibility for maintaining law and order to the states and territories. This means that routine policing, including the apprehension of criminals, is carried out by state-level police forces. The Constitution also permits the central government to participate in police operations and organisation by authorising the maintenance of the Indian Police Service. Larger cities also operate metropolitan police forces, under respective state governments.
The Constitution of India has certain unitary features, such as vesting the power of amendment solely in the Federal Government and assuming overriding authority in times of emergency. It also bars multiple citizenship, with the exception of a limited form of dual nationality called Overseas Citizenship of India, which does not include any political rights or participation in the government.
The Constitution also has dualist features, such as Article 253, which enables Parliament to make laws necessary for implementing international agreements and treaties. However, treaty law only takes effect when a domestic law passed by Parliament incorporates it into domestic law. The Constitution also mandates an independent judiciary, which acts as a watchdog to prevent any legislative or executive act from overstepping constitutional bounds and protect the fundamental rights of the people.
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The Constitution permits central government participation in police operations
The Indian Constitution, which came into effect on 26 January 1950, is the world's most frequently amended national governing document. It is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies. The Constitution assigns responsibility for maintaining law and order to the states and territories, and most routine policing is carried out by state-level police forces.
However, the Constitution also permits the central government to participate in police operations and organisation by authorising the maintenance of the Indian Police Service. Larger cities also operate metropolitan police forces, under respective state governments. The Constitution has certain unitary features, such as vesting power of amendment solely in the Federal Government, the absence of dual citizenship, and the overriding authority assumed by the Federal Government in times of emergency.
In the United States, the federal government does not hold general police power but may only act where the Constitution enumerates a power. It is the states that hold the general police power, which is a central tenet of the system of federalism embodied in the U.S. Constitution. State regulatory power is limited by the state constitution, powers which the federal government holds exclusively, the Takings Clause, and the incorporation of fundamental federal rights through the Fourteenth Amendment.
In India, the judiciary protects the fundamental rights of the people enshrined in the Constitution from infringement by any state body and balances the conflicting exercise of power between the central government and a state or states. An independent judiciary has been held as a basic feature of the Constitution, which cannot be changed by the legislature or the executive.
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The Constitution has unitary features, such as vesting power of amendment in the Federal Government
The Indian Constitution came into effect on 26 January 1950, and the country became a sovereign, democratic republic. The Constitution of India is the world's most frequently amended national governing document. It is highly specific in outlining the powers of the government, and amendments often address issues that would be dealt with by statute in other democracies.
The Constitution has some unitary features, including vesting power of amendment solely in the Federal Government. This means that the power to modify the Constitution lies with the central government, and no other body. This is an example of a reserved power, where the Constitution grants a specific power to the federal government, and it is theirs alone. The Constitution also does not allow for dual citizenship, and the Federal Government can assume overriding authority in times of emergency.
The Indian Constitution also has some dualist features. For example, Article 253 gives Parliament the power to make laws to implement international agreements and treaties. However, treaty law only comes into effect when a domestic law, passed through the usual processes, incorporates it into Indian law. This means that the Indian Constitution is not fully monist.
The Constitution assigns responsibility for law and order to the states and territories, and routine policing is carried out by state-level police forces. The central government can also participate in police operations and organisation, and larger cities operate metropolitan police forces under their respective state governments. The Constitution also mandates an independent judiciary, which is a basic feature that cannot be changed by the legislature or the executive. The judiciary acts as a watchdog, preventing legislative or executive acts from overstepping constitutional bounds, and protecting the fundamental rights of the people.
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Frequently asked questions
The Indian Constitution is a lengthy document, and it is difficult to say how many rules it contains as it is subject to change and interpretation. It is the world's most frequently amended national governing document.
The Constitution outlines the fundamental rights of the people, which are protected by an independent judiciary, and it assigns responsibility for maintaining law and order to the states and territories.
The Indian Constitution also includes details on criminal law, police operations, dual nationality, and international agreements.
