Omar Bennett
India's Constitution, which came into force on 26 January 1950, is the longest written constitution of any sovereign country in history. It is a foundational text that determines the state's status and control of its institutions and is considered the people's 'common will'. However, some argue that India's Constitution is outdated and in need of reform. This essay will explore the reasons why some believe India's Constitution to be outdated and will discuss the potential benefits of a new constitution.
| Characteristics | Values |
|---|---|
| Length | 395 articles, 12 schedules, and 117,369 words in the English version |
| Nature of the relationship between the people and the government | The government is the master and the people are its servants |
| Powers of the government | Near omnipotent powers |
| Nature of the relationship between the constitution and the government | The constitution is sovereign and the government is a legislative entity with limitations on its authority |
| Nature of the relationship between the constitution and the judiciary | The framers of the constitution inserted Article 368 as a formal method to provide for a constitutional amendment |
| Nature of the relationship between the constitution and the parliament | The constitution can be amended by a vote of not less than two-thirds of the members present and voting in each House |
| Nature of the relationship between the constitution and the people | The constitution is the people's 'common will' |
| Nature of the relationship between the constitution and the economy | Undue government interference in the economy politicizes the economy, which in turn leads to the corruption of politics |
| Nature of the relationship between the constitution and the laws | The constitution is the supreme law |
| Nature of the relationship between the constitution and the colonial government | The constitution's colonial origins give the government near omnipotent powers that are not consistent with a free society |
| Nature of the relationship between the constitution and the international community | The constitution is outdated, inefficient, and humiliating, and it is damaging India's reputation |
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What You'll Learn
The Indian Constitution gives the government too much power
The Indian Constitution is the world's longest written national constitution. It was drafted by a 389-member assembly (later reduced to 299 members) over almost three years, during which the assembly held eleven sessions across 165 days. The document 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 Indian Constitution gives the government near-omnipotent powers that are not consistent with a free society. This is due to the adversarial relationship between the government and the people, established by the British and continued post-independence. The British government imposed oppressive control over the people, and the post-1947 Indian governments took on a similar role, limiting the economic and civic freedoms of Indians. The Indian Constitution places the government as the master and the people as its servants, which is evidenced in the lack of limits imposed on the government.
In contrast, the US Constitution guarantees freedom of speech, protects property rights, prohibits discrimination among citizens, and limits the power of the government. The US Constitution places the people as the principal and the government as its agent.
The Indian Constitution is also the world's most frequently amended national governing document. Despite the supermajority requirement for amendments to pass, the Indian government's excessive power has resulted in many amendments addressing issues that would be dealt with by statute in other democracies. For example, there are several outdated laws relating to former princely states and the nationalisation of industries and banks. There are also redundant taxes that yield little and cost a lot to collect. Prime Minister Narendra Modi has promised to rid India of its "maze of useless laws", pledging to repeal ten obsolete laws for every new law passed.
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The Constitution's colonial origins are oppressive
The Indian Constitution is the longest written constitution of any sovereign country in history. It is a foundational text that determines the state's status and control of its institutions. The Constitution declares India to be an independent, democratic socialist republic, promising order, dignity, and freedom for its people. However, the Constitution's colonial origins are oppressive in nature, and this has resulted in a paternalistic government that treats its citizens as irresponsible, immature children.
The British colonial government was not chosen by the people but was imposed by force. The laws, rules, and regulations were designed to exert oppressive control over the people. This created an adversarial relationship between the government and the people, which has continued post-independence. The Constitution gives the government near-omnipotent powers, which is not consistent with a free society. The Indian Constitution places the government as the master and the people as its servants, as is typical of a colonial government. The post-1947 Indian governments have continued this dynamic by imposing limits on the economic and civic freedoms of Indians.
The Constitution's colonial origins have resulted in a legacy of oppressive laws. For example, the Indian Treasure Trove Act of 1878 and the discriminatory Sonthal Parganas Act of 1855, which refers to the Sonthal tribe as an 'uncivilized race of people'. There are also redundant taxes that are costly to collect, and outdated laws relating to former princely states and the nationalisation of industries and banks. These laws are a burden and an impediment to India's development.
Furthermore, the Indian Constitution's colonial origins have resulted in undue government interference in the economy, which politicizes the economy and leads to the corruption of politics. This interference has created inefficiencies and has been detrimental to India's economic growth. For instance, the Sugar Act empowers the government to fix the quantity of sugar that may be produced in a factory in a year, creating a 'regulatory stranglehold'. Similarly, the Indian Boilers' Act has prevented self-regulation and created a cadre of inspectors with wide discretionary powers.
The Constitution's colonial origins have also led to oppressive laws that target vulnerable groups, such as the Young Persons (Harmful Publications) Act, which is used to harass shopkeepers selling Bob Marley merchandise under the pretext of reducing marijuana consumption by youth. This law is an excuse for widespread discretion and harassment, as vague terms such as 'repulsive' and 'horrible' are subject to arbitrary interpretation.
In conclusion, the Indian Constitution's colonial origins are oppressive, resulting in a government dynamic that treats citizens as subordinates and limits their freedoms. This has led to a legacy of oppressive and inefficient laws that hinder India's development and are detrimental to the country's economy and society.
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Archaic laws are redundant, outdated, and discriminatory
India's constitution is the longest written constitution of any sovereign country, with 395 articles and 12 schedules, as well as various revisions, totalling 117,369 words in the English version. It is considered to be the people's "common will" and is a foundational text that determines the state's status and control of its institutions. However, there are several archaic laws that are now considered redundant, outdated, and discriminatory.
The country's large constitution, with its vast set of rules, is indicative of a "low trust" society. This is a result of the adversarial relationship between the government and the people, established by the British and continued post-independence. The British government imposed oppressive control over the people, and the current constitution gives the Indian government similarly omnipotent powers that are not consistent with a free society. The Indian government has near-absolute power, with the people as its servants, and this has led to an economy that is over-politicised and corrupt.
There are more than 300 laws that date from the colonial era, as well as rules to manage issues arising from the Partition of India, that are still in place. Many of these are considered outdated and redundant, and some are discriminatory. For example, the Indian Treasure Trove Act of 1878 defines treasure as "anything of any value hidden in the soil" and is worth as little as 10 rupees. The Sonthal Parganas Act of 1855 removes the operation of general laws and regulations in certain districts where the Sonthal tribe inhabits. The preamble of the Act refers to the Sonthals as an "uncivilized race of people", and this has been used to curb uprisings by isolating tribal populations. This has been deemed discriminatory and contrary to the spirit of the Constitution.
There are also a dozen or so laws that impose redundant taxes that are costly to collect, as well as outdated laws relating to former princely states and the nationalisation of industries and banks. The Indian Salt Service, for example, regulates the possession of telegraph wires by Indians, despite the last telegram being sent in 2013. Other laws, such as the Sugar Act, create a "regulatory stranglehold" and are out of sync with the move towards deregulation. The Young Persons (Harmful Publications) Act has also been used to harass shopkeepers selling Bob Marley t-shirts, on the grounds that they encourage drug consumption.
Prime Minister Narendra Modi has promised to rid India of its "maze of useless laws", and his government has already placed a bill in parliament recommending 36 obsolete laws be revised.
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The Constitution should be flexible and adapt to the people's needs
The Indian Constitution is the longest written constitution of any sovereign country in history. It is a foundational text that determines the state's status and control of its institutions. It is a living, breathing document that should be adaptable to the changing needs of its people.
The world is not static; it is ever-evolving, and so too are the social, economic, and political circumstances of a country's citizens. A constitution should be flexible and able to adapt to these changes to improve the lives of the people. If a constitution is unable to be modified, it can lead to extra-constitutional processes, including insurrection, to reform it. The framers of the Indian Constitution were aware of this and wanted to create a text that could evolve with a rising population, adapting to their shifting circumstances.
The Indian Constitution, as it stands, gives the government near-omnipotent powers that are not consistent with a free society. This is a legacy of British colonial rule, which imposed oppressive control over the people. The laws and regulations were designed to curtail the freedoms of Indians, and this has continued post-independence, with the government treating citizens as irresponsible and immature. This is not reflective of a free society and is an indication that the Constitution is outdated and needs to be flexible to adapt to the needs of the people.
There are many examples of archaic laws that are still in place in India, which are irrelevant and outdated. These include the Indian Treasure Trove Act of 1878, which defines 'treasure' as 'anything of any value hidden in the soil' and is worth as little as 10 rupees. There are also more than 300 laws that date back to the colonial era, which are discriminatory and redundant. For instance, the Sonthal Parganas Act of 1855, which refers to the Sonthal tribe as an 'uncivilized race of people' and removes general laws and regulations in certain districts. These laws violate the principles of equality under the law and give legitimacy to discrimination and ill-treatment of tribal populations.
It is clear that the Indian Constitution needs to be flexible and adapt to the needs of its people. The government should work to remove outdated and discriminatory laws and ensure that the Constitution reflects the values of a free and equal society.
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India's economy is politicised, leading to corruption
India's economy is heavily politicised, which has led to widespread corruption. The Indian Constitution, with its colonial origins, grants the government near-omnipotent powers that are inconsistent with a free society. This has resulted in excessive government interference in the economy, leading to its politicisation. As a result, India's economy has slowed, and public outrage over corruption has increased.
The relationship between the people and the government in India is adversarial, with the government acting as the master and the people as its servants. This dynamic has fostered an environment of mistrust and has been a contributing factor to the country's economic challenges. The constitution's vast set of rules reflects a "low trust" society, where the government treats citizens as irresponsible and immature.
The politicisation of the economy has led to corruption in various sectors, including the education system, the telecommunications industry, and the coal industry. It has also resulted in bureaucratic inefficiency, affecting economic growth and investment. According to a Transparency International study in 2005, more than 62% of Indians had paid bribes to public officials to access services. This number decreased to 50% in 2008, indicating a declining trend in corruption. However, in 2024, India scored 38 out of 100 in the Corruption Perceptions Index, ranking 96th out of 180 countries.
The socio-economically weaker sections of Indian society, including the rural and urban poor, are the most adversely affected by government corruption. The complex relationship between Indian voters and corruption has been noted, with political candidates promoting their criminality as a sign of their ability to defend community interests. This dynamic further perpetuates the cycle of corruption and hinders progress toward a transparent and accountable governance system.
To address these issues, Prime Minister Narendra Modi has made it his mission to rid India of "useless laws" and has promised to repeal ten obsolete laws for every new law passed. While these efforts are a step in the right direction, India still has a long way to go to untangle its economy from the grip of politicisation and corruption.
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Frequently asked questions
The Indian Constitution gives the government near-omnipotent powers that are not consistent with a free society. The US Constitution, in contrast, guarantees freedom of speech, protects property rights, prohibits discrimination among citizens, and limits the power of the government. The Indian Constitution places the government as the master and the people as its servants.
The Indian Constitution is the longest written constitution in the history of any sovereign country, with 395 articles and 12 schedules, totalling 117,369 words in the English language version. It is a 'low trust' society constitution, which is not reflective of the nature of India as a society. The US Constitution, for example, is much shorter and guarantees its citizens certain rights and freedoms.
The Indian Constitution has resulted in undue government interference in the economy, which in turn leads to the corruption of politics. It has also resulted in an adversarial relationship between the government and the people, established by the British and continued post-independence.
The Indian Constitution can be amended by Parliament, with a vote of at least two-thirds of the members present and voting in each House. Prime Minister Narendra Modi has also stated that one of his missions is to rid India of its "maze of useless laws".
