Simone Lawson
The United States Code is a compilation of most public laws currently in force, organized by subject matter. It is divided into 54 titles by broad subject area, such as Public Health and Welfare or Education. The U.S. Code is a dynamic document that reflects changes when a law is amended by another law. It collates the original law with subsequent amendments and deletes language that has been repealed or superseded. The U.S. Code is organized by subject area into titles, which are further broken down by chapter and section. The U.S. Code also includes statutory provisions, the Constitution, several sets of Federal court rules, and certain Presidential documents, such as Executive orders and proclamations.
| Characteristics | Values |
|---|---|
| What is it? | A compilation of most public laws currently in force, organised by subject matter |
| How is it organised? | Divided into 54 titles by broad subject area, which are further broken down by chapter and section |
| How does it deal with amendments? | Reflects changes when a law has been amended by another law, collating the original law with subsequent amendments |
| How does it deal with repealed or superseded language? | Deletes language that has been repealed or superseded |
| How are sections determined? | In positive law titles, sections are determined by Congress in the laws that enact and later amend the title; in non-positive law titles, the organisation of the title has been determined by the editors of the Code since 1926 |
| How are sections identified? | By the section designation information in the citation for the base law and, in some cases, by the information provided in a Codification note |
| What else does it include? | Statutory provisions set out as statutory notes, the Constitution, several sets of Federal court rules, and certain Presidential documents |
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What You'll Learn
- The Indian Penal Code is not part of the constitution
- The Indian Constitution is the world's longest for a sovereign nation
- The Constitution of India was drafted by the Constituent Assembly
- Article 368 dictates the procedure for constitutional amendments
- The Indian Constitution adopted judicial review from the US Constitution
The Indian Penal Code is not part of the constitution
The Indian Penal Code (IPC) is not part of the constitution. It was the official criminal code of the Republic of India, and was inherited from British India after independence. The IPC was drafted in 1860 on the recommendations of the first Law Commission of India, which was established in 1834. The first draft of the IPC was prepared by the First Law Commission and chaired by Thomas Babington Macaulay in 1834. It was submitted to the Governor-General of India Council in 1835.
The IPC was a comprehensive code intended to cover all substantive aspects of criminal law. It came into force in 1862 in all British Presidencies, but it did not apply to the Princely States, which had their own courts and legal systems. The code was subdivided into 23 chapters, comprising 511 sections. It included all criminal offences, such as crimes related to the human body, property, conspiracy, and crimes against the state or public tranquility.
The IPC was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) in December 2023, which came into effect on July 1, 2024. However, litigation for all relevant offences committed before July 1, 2024, will continue to be registered under the IPC.
The IPC has been criticised for its outdated nature, with some provisions deemed to have no place in modern, independent India. For example, sexual offences under the code reveal patriarchal values and outdated Victorian morality. Despite this, the IPC has been amended numerous times, with the Supreme Court agreeing to decriminalise parts of Section 377 that criminalised same-sex relations in 2018.
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The Indian Constitution is the world's longest for a sovereign nation
The Indian Constitution is the world's longest written constitution of any sovereign nation. It came into effect on 26 January 1950, and the day is celebrated annually in India as Republic Day. The constitution was composed between 1947 and 1950 and has been amended numerous times since. The original text contained 395 articles in 22 parts and 8 schedules. The number of articles has since increased to 448, with 12 schedules and 5 appendices, and it has been amended 106 times as of 28 September 2023. The document 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.
The length of the Indian Constitution can be attributed to its detailed and comprehensive nature. It is designed to be the supreme legal document of India, providing a framework for the country's governance and the functioning of its democratic system. The constitution is so specific in outlining government powers that many amendments address issues typically handled by statute in other democracies. This level of detail and the desire to create a robust framework may have contributed to its length.
The constitution was drafted by a seven-member committee, with B. R. Ambedkar as the chair, and Sir B. N. Rau as the constitutional advisor. Rau's initial draft consisted of 243 articles and 13 schedules, which were later revised to 395 articles and 8 schedules after discussions, debates, and amendments. The constitution was enacted with a preamble and has since grown with numerous amendments.
While the length of the Indian Constitution may be impressive, it has also drawn criticism. Some critics wonder if its length is a weakness, and it has been noted that India, despite having the world's longest constitution, also has the highest number of illiterate people. This contrast presents a challenge in ensuring that all citizens can understand and access their constitutional rights and obligations.
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The Constitution of India was drafted by the Constituent Assembly
The Constituent Assembly was led by prominent figures such as Jawaharlal Nehru, Dr B. R. Ambedkar, and Sardar Vallabhbhai Patel. It engaged in comprehensive debates on federalism, fundamental rights, and governance, shaping the core principles of the Constitution. The drafting process took place over 114 days spread across three years, with the Assembly sitting to discuss the contents of the Constitution and the laws to be included. Amendments were proposed and enacted, and the final draft constitution was approved on 26 November 1949.
The Constitution symbolized India's shift to a sovereign republic, introducing a parliamentary democracy built on the principles of justice, liberty, and equality. It fostered the formulation of a federal structure with a balanced distribution of powers between the Centre and the states. It also provided for the protection of minority rights and the integrity of the territory of the Indian republic. The Constituent Assembly's role in drafting the Constitution was crucial in shaping the country's governance and development.
The Assembly also had legislative authority and was elected as India's first free Parliament, known as the Dominion Legislature. It adopted the National flag on 22 July 1947 and served as the Provisional Parliament from 26 January 1950 until the first general elections in 1951-52, which established the new Parliament. The Constitution of India, drafted by the Constituent Assembly, laid the groundwork for the country's future and marked a significant step towards self-determination and the end of British colonial rule.
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Article 368 dictates the procedure for constitutional amendments
The Indian Constitution is a comprehensive and fascinating document, and it is also the largest constitution in the world. The founding fathers of the constitution wanted it to be adaptable and flexible, so it could not only aid the country's growth but also grow alongside it. Article 368 of the Indian Constitution dictates the procedure for constitutional amendments.
Article 368 gives the Parliament of India the power to amend the constitution. This power is not restricted to any particular section of the constitution. However, it is not an absolute power, and there are certain limitations. The Parliament can amend the constitution by way of addition, variation, or repeal of any provision, but this must be done in accordance with the procedure laid down in Article 368.
The procedure for amending the constitution, as outlined in Article 368, is as follows: An amendment to the constitution must be initiated by the introduction of a Bill in either House of Parliament. The Bill must be passed by a majority of the total membership of that House and by a majority of not less than two-thirds of the members present and voting. Once the Bill is passed by both Houses, it is presented to the President for assent. If the amendment seeks to make any change to certain specified articles or chapters of the constitution, it must also be ratified by the Legislatures of at least half of the States by resolution before being presented to the President. This procedure ensures that the constitution can evolve and adapt to the needs of the nation.
The power given under Article 368 can be exercised both prospectively and retrospectively, allowing the Parliament to validate laws that have been deemed invalid by the courts. However, this power does not extend to the 'basic structure' of the constitution, which includes certain fundamental freedoms and rights of citizens. The judiciary, through landmark cases, has established the Basic Structure Doctrine to protect the core principles of the constitution.
While Article 368 gives Parliament significant power to amend the constitution, it is important to note that this power is not unlimited. The Constitution vests in the judiciary the power to adjudicate upon the constitutional validity of all laws, including amendments made under Article 368. The Supreme Court has acted as a check on the legislative power of Parliament, ensuring that any amendments made are in line with the basic structure and principles of the constitution.
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The Indian Constitution adopted judicial review from the US Constitution
The concept of judicial review in the Indian Constitution was adopted from the US Constitution. Judicial review is the power of the Supreme Court and the High Court to review the rules and laws, determine their constitutional validity, and invalidate them in case they violate the Constitution.
In the Indian Constitution, the power of judicial review is stated in Articles 32 and 136 for the Supreme Court and Articles 226 and 227 for the High Court. The Constituent Assembly debated and adopted the Draft Article on 27 May 1949. The Parliament enacted the First Amendment to the Constitution on 18 June 1951, adding the Ninth Schedule to protect specific laws from judicial review.
The Indian Constitution, like the US Constitution, uses judicial review to protect and enforce the Fundamental Rights guaranteed in the Constitution. Judicial review is also used in matters concerning legislative competence and centre-state relations. Article 13 of the Indian Constitution declares that any law that contravenes the provisions of the Fundamental Rights shall be void. The executive and legislative bodies cannot take any actions that infringe on the rights conferred by Part 3 of the Constitution, and if they do, the Courts can void the legislative or executive action.
The Indian Constitution has also adopted certain amendments to restrict the power of judicial review. For example, the Twenty-fourth Amendment excluded the Constitutional Amendment passed under Article 368 from the term law in Article 13(2), resulting in the Courts not being able to invalidate the Constitutional Amendment for infringing the Fundamental Rights.
In conclusion, the Indian Constitution has adopted the concept of judicial review from the US Constitution as a tool to enforce constitutional discipline over administrative agencies and ensure that laws passed by the legislature follow the provisions of the Constitution.
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Frequently asked questions
The IS Code is not mentioned in the sources available. However, the United States Code is a compilation of most public laws currently in force, and it does include the Constitution.
The United States Code is a compilation of most public laws currently in force, organised by subject matter. It is divided into 54 titles by broad subject area, such as Public Health and Welfare or Education.
There are several ways to determine where a law is codified, or where it appears in the U.S. Code. One way is to look it up by its popular name, for example, the Balanced Budget Act of 1997 or the Civil Rights Act of 1964.
