Omar Bennett
The Constitution of India is the supreme legal document of India and the world's longest written constitution. 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 was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950, replacing the Government of India Act 1935 as the country's fundamental governing document. This article will explore the key features of the Indian Constitution, its sources and influences, and the process of its creation, as well as providing an overview of its amendments and their significance.
| Characteristics | Values |
|---|---|
| Length | The world's longest written constitution with 448 articles. |
| Framework | Establishes a federal government system with two government levels, a division of power, and a written constitution. |
| Structure | Divided into 25 parts, each dealing with a specific aspect of the country's legal, administrative, or governmental framework. |
| Amendments | Can be amended by Parliament following a few rules. Important amendments include the 7th, 42nd ("Mini Constitution"), 44th, 73rd, and 74th. |
| Unitary Government Features | Single citizenship, strong centre, single constitution, flexibility, all-India services, integrated judiciary, appointment of state governor by Centre, emergency provisions. |
| Fundamental Rights | Equality, freedom, religion, and constitutional remedies. |
| Secularism | India is a secular republic. |
| Democracy | India is a democratic republic. |
| Sovereign | India is a sovereign republic. |
| Socialist | India is a socialist republic. |
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What You'll Learn
The Constituent Assembly
The elections of 1946 saw a much greater portion of the Indian adult population gain the right to vote, compared to previous elections under the British Raj where voting was restricted by property and educational qualifications. The Indian National Congress won 208 seats (69%) in these elections, while the Muslim League won 73. However, the political situation deteriorated as the Muslim League refused to cooperate with the Congress, leading to Hindu-Muslim riots and the demand for a separate constituent assembly for Muslims in India. This eventually resulted in the partition of India and the creation of Pakistan, with a separate Constituent Assembly established for Pakistan on 3 June 1947.
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The Constitution's Fundamental Rights
The Fundamental Rights, as outlined in Part III (Article 12–35) of the Indian Constitution, guarantee civil liberties to ensure that all Indian citizens can lead their lives in peace and harmony. These rights are considered fundamental as they are essential for the all-round development of citizens, including material, intellectual, moral, and spiritual aspects. They are also incorporated into the Fundamental Law of the Land, making them enforceable in a court of law.
The Fundamental Rights encompass six broad categories, which include the right to equality, 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 includes equality before the law, prohibiting discrimination based on religion, race, caste, sex, or place of birth, and ensuring equality of opportunity in employment. The freedom of speech and expression is subject to the security of the state, friendly relations with foreign countries, public order, and decency or morality.
The right to freedom also includes the freedom of assembly, association, movement, residence, and the right to practice any profession or occupation. The constitution also guarantees the right against exploitation, prohibiting forced labour, child labour, and human trafficking. It protects the cultural and educational rights of ethnic and religious minorities, allowing them to preserve their languages and establish educational institutions. The right to property was initially included as a Fundamental Right but was removed through the 44th Constitutional Amendment in 1978.
The Fundamental Rights in the Indian Constitution were influenced by various sources, including England's Bill of Rights, the United States Bill of Rights, and France's Declaration of the Rights of Man. The first demand for these rights came in the form of the "Constitution of India Bill" in 1895, also known as the Swaraj Bill, which emerged during the rise of Indian nationalism and demands for self-government. Over time, there have been efforts to amend and strengthen these rights, such as the addition of the Right to Education Act in 2009.
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The Constitution's Basic Structure
The Constitution of India was framed by the Constituent Assembly over a period of two years and 11 months, from its first sitting on 9 December 1946 to 26 November 1949, when the final draft was adopted. The Assembly sat for a total of 167 days, spread across 11 sessions.
The Basic Structure Doctrine, introduced in the Kesavananda Bharati judgment, is a judicial principle in Indian constitutional law that prevents the Parliament from altering the fundamental framework of the Constitution. The doctrine emerged from the landmark Kesavananda Bharati case in 1973, where the Indian judiciary held that certain fundamental features of the Constitution could not be altered by any amendments made by Parliament.
The phrase "basic structure" was first used in the Golaknath case in 1967, where the Supreme Court reversed its earlier decisions and held that while Parliament has wide powers, it does not have the power to destroy or alter the basic elements of the Constitution. The Basic Structure Doctrine gained further recognition in the majority verdict in the Golaknath case, where all judges upheld the validity of the Twenty-fourth Amendment, stating that Parliament had the power to amend any or all provisions of the Constitution.
The Basic Structure Doctrine has been reinforced by significant judgments from the Supreme Court, which has consistently upheld its importance in protecting the Constitution's integrity. Some landmark cases include Indira Nehru Gandhi vs Raj Narain (1975), Minerva Mills vs Union of India (1980), Waman Rao vs Union of India (1981), and Indra Sawhney vs Union of India (1992).
While the Supreme Court has not explicitly defined the components of the "basic structure," several key elements have been identified by various judgments. Chief Justice Sarv Mittra Sikri indicated that the basic structure consists of the following: the supremacy of the Constitution, a democratic and republican system, the secular character of the Constitution, the separation of powers, and the federal character of the Constitution. Justices Shelat and Grover added three features to this list: the mandate to build a welfare state, the maintenance of the unity and integrity of India, and the sovereignty of the country.
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The Constitution's Amendments
The Constitution of India is the most amended national constitution in the world, with 106 amendments since its enactment in 1950. The Constitution is amended roughly twice a year, due to its highly detailed nature, which requires amendments to address matters that would be addressed by statute in other democracies.
The process of amending the Constitution involves making changes to the nation's fundamental law or supreme law. The procedure for this is outlined in Part XX (Article 368) of the Constitution. This procedure ensures the sanctity of the Constitution and prevents the arbitrary use of power by Parliament. There are three types of amendments: the first requires a simple majority in each house of Parliament; the second, a prescribed special majority; and the third, a special majority in each house, as well as ratification by at least half of the State Legislatures.
The framers of the Constitution intended for it to be flexible and adaptable, rejecting a rigid special procedure for amendments. They combined the "theory of fundamental law" from the US Constitution with the "theory of parliamentary sovereignty" from the UK. This vests constituent power upon the Parliament, with a special procedure in place to check arbitrary power. During the Constituent Assembly, some members suggested an easier mode of amendment for the initial five to ten years to allow for flexibility and innovation.
The process of amending the Constitution has been influenced by conflicts between the Supreme Court and Parliament, with the former seeking to restrict Parliament's power to amend the Constitution. This has resulted in the development of various doctrines, including the Basic Structure Doctrine, to check the validity and legality of amendments.
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The Constitution's Influence on the Government
The Constitution of India is an influential document that shapes the country's governance and legal system, outlining the fundamental principles and aspirations of the Indian people. It establishes a federal structure with a strong unitary system during emergencies, giving the central government overriding authority. The constitution-making process was organised around the deliberations of the Constituent Assembly, which first sat on 9 December 1946. Over the course of 2 years and 11 months, the assembly framed the Constitution through 11 sessions, totalling 167 days of work. The Constituent Assembly's efforts were pivotal in shaping India's constitutional choices.
The Indian Constitution guarantees fundamental rights, including equality, freedom of speech and expression, the right to life and personal liberty, and freedom of religion. These rights are justiciable, empowering citizens to enforce them through the courts. The Constitution also includes Directive Principles of State Policy, which provide directives for the government to promote social and economic justice, protect the environment, advance education, and work towards a welfare state.
The parliamentary system in India is another key aspect influenced by the Constitution. The President serves as the ceremonial head of state, while the Prime Minister and the Council of Ministers hold the true executive power, accountable to the Lok Sabha, the lower house of Parliament. The Constitution also establishes an independent judiciary, with the Supreme Court as the highest judicial body, safeguarding citizens' rights and upholding the rule of law.
The Constitution's influence extends beyond India's borders, impacting the constitutions of other nations, particularly former colonies and those with shared historical and cultural connections. For example, Nepal's 2015 constitution includes provisions on fundamental rights and federalism that resemble India's framework. Bangladesh's 1972 constitution, created after gaining independence from Pakistan, reflects India's commitment to parliamentary democracy and fundamental rights. Additionally, South Africa's 1996 constitution, following the end of apartheid, emphasises human rights, drawing from the Indian Constitution.
The Indian Constitution's complexity and length can cause delays in justice and governance, with loopholes and uncertainties arising from intricate legal interpretations. Despite these challenges, the Constitution is a remarkable achievement, representing the diverse aspirations of India's citizens and serving as a foundation for democratic governance.
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Frequently asked questions
The Constitution of India 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 fundamental rights, directive principles, and the duties of citizens.
The Constitution of India was formed by the Constituent Assembly, which sat for the first time on December 9, 1946. Over a period of two years and 11 months, the Assembly framed the Constitution through 11 sessions, sitting for a total of 167 days. The Constitution was adopted on November 26, 1949, and came into force on January 26, 1950, replacing the Government of India Act 1935 as the country's fundamental governing document.
Yes, the Constitution of India can be amended by the Parliament following certain rules. The Supreme Court has ruled that while no part of the Constitution is protected from amendment, amendments cannot destroy what they seek to modify and must not tinker with the Constitution's basic structure or framework. The "Basic Structure" Doctrine holds that certain features of the Constitution are so integral that they can never be removed.
