Eleanor Finch
The Indian Constitution is the supreme legal document of India and the world's longest written national constitution for a sovereign nation. It lays out the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out the fundamental rights, directive principles, and duties of citizens. Since its enactment in 1950, the Indian Constitution has undergone more than 100 amendments, with changes made to essential aspects of the republic, such as fundamental rights, federalism, democratic participation, and judicial review. Despite these frequent amendments, the Constitution has shown resilience and remains a source of pride for Indians, who celebrate Republic Day every year to commemorate the enactment of their Constitution.
| Characteristics | Values |
|---|---|
| Length | 145,000 words, making it the second-longest active constitution in the world |
| Amendments | Over 100 amendments since its enactment, making it the world's most frequently-amended national governing document |
| Resilience | Has survived assaults on it, especially during the Emergency |
| Framework | Sets out the fundamental political code, structure, procedures, powers, and duties of government institutions |
| Rights | Grants and guarantees fundamental rights to its citizens |
| Duties | Sets out the duties of citizens |
| Judicial independence | Borrowed from the USA |
| Federalism | Has a federal structure considering the geographical vastness and the diversity of languages, region, religions, and castes |
| Parliamentary form of government | Adopted for the Centre and the states |
| Head of state | Elected (President) |
| Sovereignty | The authority of the government rests upon the sovereignty of the people |
| Voting | Free, fair, and regular elections |
| Equality | All people enjoy equal political rights |
| Republic | Became a sovereign, democratic republic with the constitution |
| Constitutional supremacy | Espouses constitutional supremacy, not parliamentary supremacy |
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What You'll Learn
The Indian Constitution is the world's longest for a sovereign nation
The Indian Constitution is the world's longest written constitution for a sovereign nation. It has 145,000 words in its English-language version, though some sources place it at 146,385 words. To put this in perspective, the US Constitution has only 4,400 words, and the Monaco Constitution is the world's shortest written constitution, with 3,814 words.
The Constitution of India was composed between 1947 and 1950, and it came into effect on 26 January 1950, which is celebrated annually in India as Republic Day. The original 1950 constitution is preserved in a nitrogen-filled case at the Parliament Library Building in New Delhi. Two copies of the Indian Constitution were handwritten, one in English and one in Hindi, and signed by all members of the Constituent Assembly. The calligrapher was Prem Behari Narain Raizada, and artists from Shantiniketan, including Beohar Rammanohar Sinha and Nandalal Bose, decorated each page. The constitution was published in Dehradun and photolithographed by the Survey of India.
The Indian Constitution is so long because it encompasses all the specifics and descriptions of the authorities wielded by the government, legislature, and judiciary. 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 is also the world's most frequently amended national governing document, with over 100 amendments since it was enacted.
The bulkiness of the Indian Constitution is also attributable to several characteristics borrowed from the constitutions of many countries. The framers of the Constitution were mindful of India's needs and conditions, and they borrowed features from previous legislation such as the Government of India Acts of 1858, 1861, 1919, and 1935, the Indian Councils Acts of 1861, 1892, and 1909, and the Indian Independence Act of 1947.
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It grants and guarantees fundamental rights to its citizens
The Indian Constitution, which came into force on 26 January 1950, is the supreme legal document of India and the world's longest national constitution for a sovereign nation. It lays out the fundamental rights of its citizens, which are guaranteed and justifiable. These rights are enshrined in Part III (Article 12–35) of the Constitution and are enforceable by the courts, subject to certain restrictions.
The six fundamental rights in the Indian Constitution are:
- Right to Equality, including equality before the law, and the prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
- Right to Freedom of Religion, Speech and Expression, Assembly, Association or Union, Movement, and Residence, as well as the right to practice any profession or occupation.
- Right against Exploitation, prohibiting all forms of forced labour, child labour, and human trafficking.
- Cultural and Educational Rights, which protect the rights of religious, cultural, and linguistic minorities, allowing them to preserve their heritage and culture, and ensuring education for everyone without discrimination.
- Right to Life and Dignity.
- Right to Education.
The Right to Property was once considered a fundamental right, but this was removed through the 44th Constitutional Amendment in 1978 as it was seen as a hindrance to the goal of socialism and the redistribution of wealth.
The Fundamental Rights outlined in the Indian Constitution were influenced by the demands for civil freedoms and rights made by Indians during British rule. The first demand for fundamental rights came in the form of the "Constitution of India Bill" or "Swaraj Bill" in 1895, which called for freedom of speech, the right to privacy, and the right to franchise, among other things. Later, in 1928, the Nehru Commission proposed constitutional reforms that would guarantee fundamental rights and representation for religious and ethnic minorities, as well as limit the powers of the government. In 1931, the Indian National Congress, the largest Indian political party at the time, committed itself to defending fundamental civil and socio-economic rights.
The Fundamental Rights granted by the Indian Constitution are not absolute and are subject to Constitutional amendment. However, they are considered inviolable and are protected by the law of the land. If these rights are violated, citizens can seek remedies through the Supreme Court and High Courts, which can issue writs under Articles 32 and 226 of the Constitution, respectively.
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It is the world's most frequently amended governing document
The Indian Constitution is the world's most frequently amended governing document. Since its enactment, it has undergone more than 100 amendments, with the current total being 104. The constitution's length and complexity have not stopped it from being a dynamic document that can adapt to the changing needs of the country.
The constitution's amendment process is challenging, requiring a supermajority for amendments to pass. Despite this, the document has been amended numerous times to address issues in Indian society and governance. For example, the Fifty-Second Amendment introduced an anti-defection law that curbed the ability of individual MPs to represent their constituents' preferences. On the other hand, the 73rd and 74th Amendments created provisions for constitutionally mandated local governments, enhancing political representation in India.
The amendments have changed fundamental aspects of the republic, including democratic participation, fundamental rights, and federalism. Notably, the Forty-Second Amendment, enacted by Indira Gandhi, significantly altered the relationship between the state and citizens. It added a chapter on citizens' fundamental duties, curbed the judicial review powers of higher courts, and gave more power to the legislature.
The Indian Constitution's frequent amendments reflect the country's dynamic political landscape and the need to adapt to societal changes. While some amendments have been controversial, the document's resilience and ability to incorporate new provisions demonstrate its adaptability and the country's commitment to a robust and evolving democratic framework.
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It has borrowed provisions from other constitutions
The Indian Constitution is the world's longest written constitution for a sovereign nation, with around 145,000 words. It is also one of the most frequently amended national governing documents. The Constituent Assembly of India drafted the constitution, adopting the best features from other constitutions that suited India's diversity and aspirations.
The Indian Constitution was influenced by the Government of India Acts of 1858, 1919, and 1935, as well as the Indian Councils Acts of 1861, 1892, and 1909, and the Indian Independence Act of 1947. The 1935 Act, in particular, served as a "blueprint" for the Indian Constitution, with Dr. B. R. Ambedkar, the chairman of the drafting committee, stating that there was "nothing to be ashamed of in borrowing".
The Directive Principles of State Policies in the Indian Constitution were borrowed from the Irish Constitution. The idea of suspending fundamental rights during an emergency was taken from the Soviet Constitution (now Russia) and the German Constitution.
The Constituent Assembly of India assessed the constitutions of various countries and adopted provisions that best suited India's needs and conditions. The constitution was modified to fit India's historical context, geographic diversity, cultural diversity, and traditional characteristics. The assembly consisted of 389 members representing provinces, states, chief commissioner provinces, and Baluchistan.
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It has shown resilience in surviving assaults on it
The Indian Constitution is a lengthy and imperfect document that has undergone tremendous change since its enactment in 1950. It is the world's most frequently amended national governing document, with over 100 amendments made to its original 395 articles and 8 schedules. Despite this, the Constitution has demonstrated remarkable resilience, surviving assaults on it and emerging intact.
One notable assault on the Indian Constitution was Indira Gandhi's Forty-Second Amendment. This amendment made significant changes to the fundamental aspects of the Indian republic. It altered the relationship between the state and citizens, curbed the judicial review powers of the Supreme Court, and subverted federalism. However, the Morarji Desai government later reversed many of these changes, demonstrating the resilience of the Constitution and its ability to withstand attempts to undermine it.
The Indian Constitution has also faced challenges due to the country's diverse and ever-changing landscape. With its vast geography, diverse languages, religions, and castes, India's commitment to a federal structure has been tested. Despite these challenges, the Constitution has endured, providing a framework that accommodates the country's complexities.
Additionally, the Constitution has had to adapt to the changing political landscape of the country. For example, the 52nd Amendment introduced an anti-defection law that impacted the ability of individual MPs to represent their constituents' preferences. In contrast, the 73rd and 74th Amendments created provisions for constitutionally mandated local governments, enhancing political representation. Through these changes, the Constitution has demonstrated its resilience by accommodating evolving political dynamics.
In conclusion, while the Indian Constitution has faced numerous assaults and challenges over the years, it has proven its resilience by surviving and adapting to these tests. Its ability to withstand attempts to undermine it and its capacity to evolve with the changing needs of the nation underscore the strength and durability of India's foundational document.
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Frequently asked questions
The Indian Constitution is the supreme legal document of India and is the world's longest written national constitution for a sovereign nation. It lays out the fundamental political code, structure, procedures, powers and duties of government institutions and sets out the fundamental rights and duties of citizens.
The Indian Constitution has borrowed provisions from other countries' constitutions and previous legislation, such as the Government of India Act 1935. It asserts India to be a sovereign, socialist, secular, democratic republic and a welfare state. It also grants and guarantees fundamental rights to its citizens.
The Indian Constitution has undergone significant change since its enactment, with over 100 amendments made to it. These amendments have changed essential aspects of the republic, such as fundamental rights, federalism and democratic participation.
The Indian Constitution is very specific in spelling out government powers, which has led to many amendments that would be dealt with by statute in other democracies. There is also an asymmetry in political representation in India, with some states having far more constituents per Lok Sabha seat than others.
The Indian Constitution ensures that the country is not governed by the whims of political avarice and provides a framework for free and fair elections. It also contains provisions to deal with challenges that pose a threat to the country's security and unity.
