The Indian Constitution: A Living Document

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The Constitution of India is the supreme law of the Republic of India. It is the world's lengthiest written constitution for a sovereign nation and is a very comprehensive and detailed document. The Constitution of India lays down the framework for the country's political system, defining the powers and responsibilities of government institutions, fundamental rights, directive principles, and the duties of citizens. It is a set of rules and regulations that guide the administration of the country. The Indian Constitution is one of the most frequently amended national governing documents in the world, with over 100 amendments since its enactment.

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The Indian Constitution is the supreme law of the land

The Constitution of India is the supreme legal document and the law of the land. It is the world's longest written constitution for a sovereign nation, with 145,000 words across 395 articles in 22 parts and 8 schedules. It was drafted over eleven sessions from February 1948 to November 1949 and came into effect on 26 January 1950, which is celebrated as Republic Day in India. The Constituent Assembly, not the Parliament, created the constitution, and it was adopted by the Indian citizens.

The Indian Constitution is unique in that it provides for a single integrated system of courts to administer both Union and State laws, with the Supreme Court of India at the apex of the judicial system, followed by the High Courts and then the District Courts. The constitution also allows states to set up lower courts under and controlled by the state's High Court. The independence of the judiciary is part of the basic structure of the Indian Constitution, and a Supreme Court Judge has security of tenure.

The constitution lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government. It grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislations or government actions that violate the constitution.

The Indian Constitution is so specific in spelling out government powers that many amendments address issues that would be dealt with by statute in other democracies. Despite the supermajority requirement for amendments to pass, it is the world's most frequently amended national governing document.

The Evolution of India's Constitution

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It is the world's longest written constitution

The Indian Constitution is the world's longest written constitution for a sovereign nation. It contains 146,385 words in its English-language version, though the original is in Hindi. The Indian Constitution is also the world's most frequently amended national governing document. It has had more than 100 amendments since it was enacted, and it is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies.

The Constitution of India contains 395 articles in 22 parts and 8 schedules, though some sources state that there are 12 schedules. It was drafted over the course of eleven sessions from February 1948 to November 1949, and was finally passed and accepted on 26 November 1949. All the members of the 283-person Assembly signed two copies of the constitution, one in Hindi and the other in English. The original constitution is handwritten, with each page decorated by artists from Shantiniketan, and its calligrapher was Prem Behari Narain Raizada. The constitution came into effect on 26 January 1950, which is celebrated as Republic Day in India.

The Indian Constitution is the supreme legal document of India, and it lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions. It also sets out fundamental rights, directive principles, and the duties of citizens. It establishes India as a secular, socialist, sovereign, and democratic republic, guaranteeing citizens' rights to liberty, equality, and justice.

The Indian Constitution was influenced by a number of sources, including earlier legislation such as the Government of India Acts of 1858, 1892, 1909, 1919, and 1935, as well as the Indian Independence Act of 1947, which divided the earlier Constituent Assembly into two parts, resulting in the formation of two countries: India and Pakistan. The Indian Constitution also drew inspiration from the Constitution of the United States, which is the oldest and shortest written constitution still in force, as well as the oldest active codified constitution.

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It was inspired by the US Constitution

The Indian Constitution, drafted between 1947 and 1950, was heavily influenced by the US Constitution. The US Constitution, drafted in 1787, was described by Thomas Jefferson as "the soundest and most practical and workable republican constitution in existence". It served as a model for the constitutions of France, Canada, Australia, and South Africa.

The architects of modern India, including Jawaharlal Nehru and Mahatma Gandhi, were inspired by the US Constitution's concept of a document written by the people, for the people. The preamble to both the US and Indian constitutions starts with the same three words: "We the people". This phrase confers equality, humility, and self-possession. The US Constitution's influence is also visible in the Indian Constitution's fundamental rights, including the "fundamental right" of free speech and the separation of state and religion. Both constitutions also lay down the foundations of the fundamental rights of their citizens and the distribution of powers to maintain and safeguard democracy.

There are, however, some key differences between the two constitutions. The US Constitution is very difficult to change and has not evolved, whereas the Indian Constitution is flexible and has been amended 103 times. The US President serves for four years and is directly elected by the people, while the Indian President has a tenure of five years and is elected by the members of the Rajya Sabha. In addition, the Indian Constitution grants special status to the state of Jammu and Kashmir, and the Indian judiciary has more power than its American counterpart.

While the US Constitution was a source of inspiration for the Indian Constitution, the Indian Constitution also borrowed features from other constitutions and adapted them to suit India's unique historical, geographical, and cultural context.

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It was hand-written and illustrated

The original Indian Constitution was indeed hand-written and illustrated. The calligraphy in the book was done by Prem Behari Narain Raizada, a master of calligraphy, who did not charge anything for his work. Instead, he requested that his name and his grandfather's name be included at the bottom of every page. The task took him over six months to complete, with the words written in both Hindi and English.

The illustrations in the Constitution were created by artist Nandalal Bose and his team from Kala Bhavana, Santiniketan. Each of the 22 parts of the Indian Constitution begins with an illustration, with Bose and his team charting the history of India, from Mohenjo Daro to the national freedom struggle. The Preamble page features intricate patterns sketched by Beohar Rammanohar Sinha, and the National Emblem, the Lion Capital of Ashoka, was sketched by Dinanath Bhargava.

Bose’s depiction of Mahatma Gandhi walking with a stick, created in 1930 to mark the Dandi March, also features in the Constitution, in the section on the official language. Gandhi reappears in the section on emergency provisions, where he is visiting riot-hit Noakhali in south-east Bangladesh. The contributions of Subhas Chandra Bose and his Azad Hind Fauj have also been acknowledged in the illustrations.

The original Constitution is kept in a special nitrogen-filled hermetically sealed case in the Library of the Parliament of India. It is bound in black leather, embossed with patterns in gold, and is one of the longest written Constitutions for any sovereign state in the world.

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It establishes India as a secular, socialist, sovereign, democratic republic

The Indian Constitution is the supreme law of the land, framing the fundamental principles of politics, practices, procedures, powers, rights, and government duties. It establishes India as a secular, socialist, sovereign, democratic republic, assuring its citizens of liberty, equality, and justice.

The Constitution of India was adopted by the Constituent Assembly on November 26, 1949, and came into effect on January 26, 1950, which is celebrated as Republic Day. It originally contained a Preamble, 395 Articles, and 8 Schedules. The Preamble, or introduction, to the Constitution was inspired by the Constitution of the USA, with its language borrowed from Australia. The actual copies of the Constitution were not printed or typed but were handwritten and are now kept in the Indian Parliament's library.

The Indian Constitution establishes India as a secular state, with no official state religion. The Supreme Court of India established in the 1994 S. R. Bommai v. Union of India case that India has been secular since the formation of the republic. The judgement affirmed the separation of state and religion, stating that "In matters of State, religion has no place." The Constitution prohibits the use of taxpayers' money for the promotion of any religion and forbids state-owned educational institutions from imparting religious instruction. However, the 7th schedule of the Indian Constitution places religious institutions, charities, and trusts in the Concurrent List, allowing both the central and state governments to make laws regarding them. The degree of separation between state and religion has varied, with the Indian Constitution permitting overlap and extensive state intervention in religious affairs.

The term "socialist" was added to the Preamble by the 42nd Amendment in 1976. Jawaharlal Nehru described democratic socialism as being based on political liberty, equality, and tolerance, aiming to maintain individual freedom and initiative with centralized social control and planning of the economic life of the people. The Supreme Court has stated that the principal aim of socialism is to eliminate inequality of income and standards of living and to provide a decent standard of living for working people.

The Indian Constitution invokes the term "sovereignty" to declare the ultimate sovereignty of the people of India and affirm that the Constitution rests on their authority. The idea of sovereignty refers to having supreme authority over a defined territory. India's foreign policy reflects its sovereign powers, emphasizing principles of non-alignment, peaceful coexistence, mutual respect, and cooperation, as well as respect for international law and norms.

Frequently asked questions

The Indian Constitution is the supreme legal document of India and the longest written national constitution in the world. It lays down 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 was drawn from a number of sources, including previous legislation such as the Government of India Acts of 1858, 1919, and 1935, the Indian Councils Acts of 1861, 1892, and 1909, and the Indian Independence Act of 1947. The framers of the Constitution were mindful of India's needs and conditions when borrowing features from these sources.

The Indian Constitution is the most frequently amended national governing document in the world. It is also the only constitution that recognizes some fundamental rights embraced from the American Constitution. The original copies of the Indian Constitution were handwritten and are now preserved in the Indian Parliament's library.

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