Malcolm Rivera
The Indian Constitution is the supreme law of the land and is one of the most comprehensive and well-drafted constitutions in the world. It is the lengthiest written constitution globally, with over 450 articles, and outlines the framework for governance in the country. The Indian Constitution establishes a federal system of government, with power divided between the central and state governments. It contains several unique salient features that distinguish it from other constitutions, including a combination of rigidity and flexibility, a secular state, and a synthesis of the British principle of parliamentary sovereignty and the American principle of judicial supremacy.
| Characteristics | Values |
|---|---|
| Type of Constitution | Written |
| Length | One of the longest and most comprehensive constitutions in the world |
| Complexity | Very complex, with over 450 articles |
| Rigidity and Flexibility | Both rigid and flexible |
| Federalism | Federal system of government with a unitary bias |
| Government | British Parliamentary System |
| Secularism | Secular state that recognises freedom of conscience and religion |
| Citizenship | Single citizenship |
| Judiciary | Independent judiciary |
| Voting Age | 18 years |
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What You'll Learn
The Indian Constitution is the longest written constitution in the world
The Indian Constitution is the longest written constitution of any sovereign state in the world, with 145,000 words in its English-language version. By contrast, the US Constitution has only 4,400 words. Composed between 1947 and 1950, the Indian Constitution has been amended over 100 times, with the most recent changes occurring in 2017. The original text of the Constitution contained 395 articles in 22 parts and eight schedules. It came into effect on January 26, 1950, the day that India celebrates each year as Republic Day. The number of articles has since increased to 448 or 450 due to these amendments. Two copies of the Indian Constitution were handwritten, one in English and one in Hindi. They are currently kept in helium-filled cases in the library of the Parliament House.
The Indian Constitution is regarded as the world's longest because it encompasses all the specifics and descriptions of the authorities of the government, legislature, and judiciary. The bulkiness of the constitution is also attributable to the fact that it borrowed provisions from many countries' constitutions. The framers of the Indian Constitution examined the Constitutions of various countries and the working of the Government of India Act, 1935, which contributed around 250 provisions. The Constitution of India has also been influenced by the British Parliamentary System of Government and the American principle of judicial supremacy. The Indian Constitution has a federal system of government, with power divided between the central government and the state governments. It contains all the usual features of a federation, including two governments, division of powers, written constitution, the supremacy of the constitution, rigidity of the constitution, independent judiciary, and bicameralism.
The Indian Constitution is neither rigid nor flexible but a synthesis of both. While it is difficult to amend the Constitution, as amendments require a special majority in both houses of Parliament, it has been amended over 100 times. The Constitution also establishes a judicial system that is integrated as well as independent, with the Supreme Court at the top of the integrated judicial system in the country. Below the Supreme Court, there are High Courts at the State level, followed by a hierarchy of subordinate courts, including district courts and other lower courts.
The Indian Constitution upholds key principles like democracy, equality, and justice, and also reflects the country's rich cultural, social, and historical diversity. It is the supreme law of the land and lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles of state policy, and the duties of citizens.
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It is a blend of both rigidity and flexibility
The Indian Constitution is the world's longest and most comprehensive constitution. It is a blend of both rigidity and flexibility.
Firstly, the Indian Constitution is rigid in the sense that it is difficult to amend. Amendments require a special majority in both houses of Parliament. This is a typical feature of a rigid constitution, which is usually amended through a very difficult and special procedure. The Constitution is also considered rigid in that it establishes a federal system of government, with power divided between the central government and the state governments.
However, the Indian Constitution is also flexible. It has been amended over 100 times since its enactment, which would not be possible if it were a rigid constitution. Some provisions of the Constitution can be amended by a simple majority of the Parliament in the same manner as ordinary laws are made. This is a typical characteristic of a flexible constitution. The Constitution also includes the best features from many major international constitutions, which were modified according to the suitability and requirements of the country. This adaptability is another sign of flexibility.
The Indian Constitution is also unique in that it combines the theory of fundamental law from the US Constitution with the theory of Parliamentary sovereignty from the unwritten UK Constitution. This blend of features from both rigid and flexible constitutions allowed the new nation to smoothly accommodate changes and grow.
The Indian Constitution is thus considered a synthesis of both rigidity and flexibility. It is not rigid or flexible in absolute terms, but rather strikes a balance between the two.
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It establishes a federal system of government
The Indian Constitution, adopted on 26 January 1950, is the world's longest and most comprehensive constitution. It upholds democracy, equality, and justice, and reflects the country's rich cultural, social, and historical diversity. Notably, the Constitution establishes a federal system of government, which is a key feature of its framework.
The Indian Constitution establishes a federal system of government, dividing power between the central government and the state governments. This division of powers is a fundamental aspect of federalism, allowing for a balance between national unity and regional diversity. While the central government can implement policies that apply uniformly across the country, the state governments have the autonomy to tailor policies to meet the specific needs of their respective regions. This ensures that both levels of government have their own distinct responsibilities and areas of authority.
The Indian Constitution outlines the distribution of legislative, administrative, and executive powers between the central and state governments. The legislative powers are categorised under a Union List, a State List, and a Concurrent List. The Union List represents the powers conferred upon the Union government, the State List outlines the powers of the State governments, and the Concurrent List encompasses powers shared by both levels of government. This federal structure is further reinforced by the concept of dual polity, as mentioned in Article 1, Part V, and Part VI of the Constitution.
The Indian federal system also includes an independent judiciary, with the Supreme Court at the apex. The Supreme Court interprets the Constitution and resolves disputes between different levels of government. Below the Supreme Court are the High Courts at the state level, followed by a hierarchy of subordinate courts, including district courts and other lower courts. This integrated judicial system is a crucial component of the federal structure, ensuring the impartial adjudication of disputes.
While the Indian Constitution establishes a federal system, it also incorporates certain unitary or non-federal features. These include a strong centre, single citizenship, flexibility of the Constitution, an integrated judiciary, and emergency provisions. The term "federation" or "federalism" is notably absent from the Constitution, and India's federal structure is often described as quasi-federal, exhibiting characteristics of both federal and unitary systems.
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It upholds the idea of a secular state
The Indian Constitution is the world's lengthiest and most comprehensive constitution. It is a synthesis of both rigidity and flexibility. It is rigid in that it requires a special majority in both houses of Parliament to be amended, but it is also flexible, having been amended over 100 times. The Constitution establishes a federal system of government, with power divided between the central government and the state governments.
The Indian Constitution upholds the idea of a secular state. The 42nd Amendment Act of 1976 added the term "secular" to the Preamble of the Indian Constitution. This means that the government of India should not uphold or favour any particular religion. Instead, every religion is to be treated equally. Articles 25-28 of the Constitution give concrete shape to this concept of secularism.
The Indian Constitution was adopted on 26 January 1950. It was influenced by the Government of India Act, 1935, and the framers also examined the constitutions of various countries of the world, liberally borrowing appropriate provisions. The Constitution is unique, however, in that it is one of the longest and most detailed constitutions, reflecting the country's rich cultural, social, and historical diversity.
The Indian Constitution establishes a parliamentary system of government, with important features including a nominal and a real executive, rule by the majority party, collective responsibility of the executive to the legislature, ministers being members of the legislature, leadership by the Prime Minister or Chief Minister, and the ability to dissolve the lower house.
The Constitution also establishes an independent judiciary, with the Supreme Court at the top of the integrated judicial system. The Supreme Court is a federal court, the highest court of appeal, and the guarantor of the fundamental rights of the citizens.
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It guarantees equality in front of the law and opportunity
The Indian Constitution is the world's lengthiest and most comprehensive constitution. It is a synthesis of both rigid and flexible, with over 450 articles. The constitution establishes a federal system of government, with power divided between the central government and the state governments. It also establishes a judicial system that is integrated and independent, with the Supreme Court at the top.
One of the most important aspects of the Indian Constitution is its guarantee of equality before the law and equal opportunities for all. This is enshrined in Article 14, which states that all individuals are equal in front of the law and must be given equal protection by the law. This article is a fundamental right of all citizens and is also included in international human rights law. It aims to provide equal opportunities to all members of society, including citizens and non-citizens, regardless of religion, race, caste, sex, or place of birth.
The right to equality in the Indian Constitution covers various types of equality, including legal, social, economic, and political equality. Legal equality refers to the concept of equality before the law, where no one is above the law and everyone is treated equally. Social equality means that everyone should be treated equally without discrimination based on caste, race, religion, or other factors. Economic equality entails that everyone should have an equal entitlement to wealth. Political equality includes the right to vote, contest, and hold public office.
The Indian Constitution also provides for the abolition of social evils such as untouchability and discrimination, ensuring that all individuals are treated equally in front of the law. It is worth noting that the reservation policy is an exception to Article 14, as it allows for reasonable discrimination based on the principle of equitable treatment for all.
The right to equality is a cornerstone of Indian democracy and plays a crucial role in protecting the rights and freedoms of individuals. If an individual's right to equality is violated, they can challenge the state's policy in court and seek remedies through a writ petition under Article 32 of the Constitution.
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Frequently asked questions
The Indian Constitution is one of the most comprehensive constitutions in the world, and it is difficult to pinpoint an exact number of salient features. However, here is a list of some of the most significant ones:
- The Indian Constitution is the supreme law of the land, providing a framework for the country's governance.
- It establishes a federal system of government with a strong central government and power-sharing between the centre and the states.
- It is a written constitution, consisting of a preamble and about 450 articles (originally 395) divided into 24 parts (originally 22) and 12 schedules (originally 9).
- It upholds principles like democracy, equality, and justice, with a commitment to secularism and no official state religion.
- It guarantees fundamental rights and directive principles of state policy, promoting political democracy and outlining the state's objectives.
The Indian Constitution guarantees six fundamental rights, which are outlined in Part III of the Constitution. These rights include equality before the law and equal opportunity, promoting political democracy, and serving as limitations on the executive and arbitrary laws of the legislature.
The directive principles of state policy, found in Part IV of the Constitution, outline the aims and objectives of the state in governance. B.R. Ambedkar classified these principles into three categories: Socialistic, Gandhian, and Liberal-intellectual.
The Indian Constitution establishes an integrated and independent judicial system, with the Supreme Court at the apex. Below it are High Courts at the state level, followed by a hierarchy of subordinate courts, ensuring the enforcement of both central and state laws.
The Indian Constitution establishes a parliamentary system of government, modelled after the British Parliamentary System, with a nominal and real executive, rule by the majority party, collective responsibility of the executive to the legislature, and leadership by a Prime Minister or Chief Minister.
