Isabella Carter
The Indian Constitution, the supreme legal document of India, is the longest written national constitution in the world. 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 Indian Constitution has been the subject of much debate, with critics claiming that it is a borrowed document, copied from the Government of India Act 1935, the Irish Constitution, and the US Constitution, among others. However, others argue that while the Indian Constitution may have drawn inspiration from various sources, it is unique in its content and spirit, absorbing features from other nations' constitutions to suit its own polity and governance.
| Characteristics | Values |
|---|---|
| Length | 448 articles, 22 parts, 8 schedules, 145,000 words |
| Amendments | 104 |
| Time taken to draft | 3 years |
| Time taken to produce | 5 years |
| Sources | Government of India Acts 1935, 1858, and 1919; Indian Councils Acts of 1861, 1892, and 1909; Indian Independence Act 1947; US Constitution; Irish Constitution; French Constitution |
| Originality | Absorbed features from other nations to suit Indian polity and governance |
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What You'll Learn
The Indian Constitution is not a copy-paste job
The Indian Constitution is the world's longest written national constitution for a sovereign nation. It is also the world's most frequently amended national governing document. With such a vast and ever-evolving document, it is no surprise that it draws on ideas and knowledge from other sources. However, it is not accurate to say that it is a simple copy-paste job.
The Indian Constitution was drafted over three years by the Constituent Assembly, with the final session taking place on 24 January 1950. It was a detailed and considered process, and the Assembly took into account India's unique needs, conditions, and historical perspective. The Constitution is a living document that has the ability to evolve with the changing times and thus remains relevant and sensitive to contemporary developments.
While it is true that the Indian Constitution draws on the Government of India Acts of 1935, as well as the Indian Councils Acts of 1861, 1892, and 1909, the Indian Independence Act of 1947, and the Government of India Act of 1858, these were not blindly copied. The Constituent Assembly adjusted the clauses to suit the Indian context, governance, and polity. For example, the concept of secularism in the West is often interpreted as a "complete separation of state from religion," while in India, it is understood as "the state treats all religions equally."
The Indian Constitution is also unique in its content and spirit. It is the result of the Indian nationalist struggles and the geographical diversity of the country. It is a detailed document, originally consisting of 395 articles, which have now increased to 448, addressing the specific needs of minorities and backward sections of society. For example, it includes special provisions for Scheduled and Tribal areas.
In conclusion, while the Indian Constitution may have drawn inspiration from various sources, it is not a copy-paste job. It is a unique and evolving document that reflects the specific needs and aspirations of the Indian people.
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The Constituent Assembly's role
The Indian Constitution is a lengthy and detailed document, with 448 articles in 22 parts and 8 schedules. It is the world's longest written national constitution for a sovereign nation. The Constituent Assembly played a crucial role in drafting this document, working on it for three years, with the final session convened on 24 January 1950. The constitution was then published in Dehradun and became the law of India on 26 January 1950.
The Assembly's Committees prepared initial drafts of key provisions, which were then presented for debate in the plenary Assembly. These drafts were modified to fit the Indian context. For example, the concept of secularism in the West is often interpreted as a "complete separation of state from religion," while in India, it is understood as "the state treats all religions equally." The Indian Constitution also includes special provisions for minority groups and backward sections of society, such as those in Scheduled and Tribal areas.
The Constituent Assembly's work resulted in a constitution that espouses constitutional supremacy rather than parliamentary supremacy. This means that the constitution, as the supreme legal document, outlines the fundamental political code, structure, procedures, powers, and duties of government institutions. It also sets out the fundamental rights and duties of citizens. The Assembly's role in drafting this comprehensive and context-specific constitution was essential to establishing a framework for India's democratic republic.
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The Constitution's sources
The Indian Constitution is the world's longest written national constitution for a sovereign nation. It is also the world's most frequently amended national governing document. The Constituent Assembly took three years to draft the document, and it became the law of India on 26 January 1950. The original 1950 constitution is preserved in a nitrogen-filled case in the Parliament Library Building in New Delhi.
The Indian Constitution is a unique document, but it does contain provisions borrowed from other nations' constitutions, including the Government of India Acts of 1935, the Indian Councils Acts of 1861, 1892 and 1909, the Indian Independence Act of 1947, the US Constitution, the Irish Constitution, and the French Constitution. These borrowed provisions were adapted to suit India's polity and governance and were not copied exactly. For example, the concept of secularism in the West is "complete separation of state from religion", whereas in India, it is interpreted as "the state treats all religions equally".
The structural elements of the Indian Constitution, such as the federal system, the judiciary, and the post of governor, are inspired by the Government of India Act 1935. The legislative parts of the Constitution, such as the cabinet system, rule of law, and parliamentary form of government, are adopted from the British Westminster system. The philosophical parts, such as the Fundamental Rights and the Directive Principles of State Policies (DPSPs), are inspired by the American and Irish constitutions. The ideals of liberty, equality, and fraternity are borrowed from the French Constitution.
Despite these borrowed elements, it is inaccurate to claim that the Indian Constitution is merely a copy-paste document. The Constituent Assembly modified the clauses to align with India's historical context, geographical diversity, and unique characteristics. The Constitution is a living document that can evolve with changing times, making it relevant and sensitive to contemporary developments.
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The Constitution's borrowed nature
The Indian Constitution, the supreme legal document of India, is the longest written national constitution in the world. 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. It was adopted in 1949 and became the law of India on 26 January 1950. The Constituent Assembly took three years to draft the Constitution, and it has had more than 100 amendments since it was enacted.
The borrowed nature of the Indian Constitution has been a topic of debate. Critics argue that it is a borrowed document as some of its significant elements are drawn from other sources. The Indian Constitution has borrowed structural elements from the Government of India Act of 1935, including the federal system, the judiciary, and the post of governor. The legislative parts of the Constitution, such as the cabinet system, rule of law, and parliamentary form of government, are adopted from the British Westminster system. The Fundamental Rights and the Directive Principles of State Policies (DPSPs) are inspired by the American and Irish constitutions. The ideals of liberty, equality, and fraternity are borrowed from the French Constitution.
B.R. Ambedkar, the Chairman of the Committee that drafted the Constitution, defended the borrowing of constitutional provisions. He argued that all constitutions in their main provisions must look similar, and the borrowed features were adjusted to suit India's polity and governance. He also highlighted that the Indian Constitution is unique in its content and spirit, considering the historical perspective of Indian nationalist struggles, the geographical diversity of India, and its traditional characteristics.
While the Indian Constitution has borrowed features from other nations, it is not accurate to say that it is merely a copy-paste document. The Constituent Assembly adapted and modified the borrowed clauses to align with India's specific requirements, aspirations, and context. For example, while the concept of secularism in the West is often interpreted as a "complete separation of state from religion," in India, it is understood as "the state treats all religions equally." Additionally, the Indian Constitution encompasses the needs of minorities and backward sections of society, with special provisions for Scheduled and Tribal areas.
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The Constitution's uniqueness
The Indian Constitution is the longest written constitution in the world. It is a compilation of various sources and influences, reflecting the diverse experiences and aspirations of the Indian people. While it is true that the Indian Constitution borrows from other constitutions, it is unique in its content and spirit. Here are some reasons why:
Firstly, it is drafted considering the historical perspective of Indian nationalist struggles, the geographical diversity of India, and its traditional characteristics, which are distinct from those of any other nation. The Indian Constitution also incorporates the experience of all leading constitutions and prescribes a constitution for the union as well as for the individual states. It includes detailed provisions regarding centre-state relations, which is a unique feature.
Secondly, the Indian Constitution contains special provisions to address regional problems. These provisions are tailored to suit the specific needs and challenges of different regions within India. This adaptability demonstrates its uniqueness and ability to cater to the diverse needs of the country.
Thirdly, the Indian Constitution is considered revolutionary in nature as it introduced a series of reforms and changes that broke with India's colonial past. It established a new, democratic, and secular system of government, abolishing several unjust practices. It also provided special opportunities for the upliftment of marginalized and disadvantaged groups, such as scheduled castes and tribes, through affirmative action and reservations in educational institutions and public employment. These measures aimed to ensure the development and welfare of all sections of society, promoting equality and social justice.
Lastly, the Indian Constitution is unique in its complexity and comprehensive legal framework. It contains 448 articles in 25 parts, 12 schedules, and 105 amendments, making it a detailed and intricate document. This complexity has earned it the nickname "Lawyer's Paradise". The preamble, which sets the stage for the Constitution, clearly communicates the intentions of the framers and declares India as a Sovereign Socialist Secular Democratic Republic.
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Frequently asked questions
No, the Indian Constitution is not copied. While it does draw on ideas from other constitutions, it is a unique document.
The Indian Constitution has many sources, including the Government of India Acts of 1935, the Indian Councils Acts of 1861, 1892 and 1909, the Indian Independence Act of 1947, the US Constitution, the Irish Constitution and the French Constitution.
The Indian Constitution's legislative parts, such as the cabinet system, rule of law, and parliamentary form of government, are adopted from the British Westminster system.
The Indian Constitution was drafted by the Constituent Assembly, a group of people mindful of India's needs and conditions. Babasaheb B.R. Ambedkar is often solely credited with the Constitution's framing, but this is a false claim.
The Indian Constitution is the longest written national constitution in the world, with 448 articles in 22 parts and 8 schedules, totalling about 145,000 words.
