Jonah Patel
The Constitution of India is the lengthiest and most detailed of all the written constitutions in the world. It is a social document that embodies the values, principles, and governance framework of the country. The constitution establishes a federal system of government, with a parliamentary system and a Prime Minister who exercises most executive power. It guarantees six fundamental rights to all citizens, including the right to life and the preservation of physical integrity, and ensures that citizens enjoy these rights regardless of the will of any majority or minority. The constitution also provides for a mixed economy, allowing both the private and public sectors to coexist.
| Characteristics | Values |
|---|---|
| Lengthiest written constitution | 450 articles, 24 Parts, 12 Schedules |
| Secular state | Does not uphold any particular religion |
| Parliamentary system | Prime Minister must have the support of the majority of the members of the Lok Sabha |
| Federal system | Two governments, division of powers, written constitution, supremacy of the constitution, independent judiciary, bicameralism |
| Mixed economy | Co-existence of private and public sectors |
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What You'll Learn
- The Constitution of India is the longest written constitution of any country in the world, with 146,385 words
- The US Constitution is the oldest active codified constitution
- The Constitution of India establishes a federal system of government
- The US Constitution has an Elastic Clause, which gives Congress power
- The Indian Constitution guarantees fundamental rights to all citizens
The Constitution of India is the longest written constitution of any country in the world, with 146,385 words
The Constitution of India is a lengthy document, with 146,385 words, making it the longest written constitution of any country in the world. This is in stark contrast to the US Constitution, which has only 4,400 words. India's constitution has been amended 103 times, compared to 27 amendments to the US Constitution.
The Constitution of India is a detailed document, covering a wide range of topics and themes. It establishes a federal system of government, with two governments, a division of powers, a written constitution, the supremacy of the constitution, the rigidity of the constitution, an independent judiciary, and bicameralism. It also contains a large number of unitary or non-federal features, such as a strong Centre, a single Constitution, the appointment of a state governor by the Centre, and all-India services.
The Constitution of India is also notable for its adoption of liberalism, which, in the Indian context, refers to self-government, secularism, nationalism, economic reforms, a constitutional approach, and representative institutions. It also establishes a mixed economy, allowing both the private and public sectors to coexist and work simultaneously.
The Constitution provides for three types of amendments, ranging from simple to complex procedures, depending on the nature of the changes. It guarantees six fundamental rights to all citizens, including the right to equality, freedom of speech and expression, freedom of religion, cultural and educational rights, and constitutional remedies. These rights are justiciable in nature, meaning they can be enforced by the courts.
The Constitution of India is a complex and comprehensive document, designed to meet the needs and conditions of the country. Its length reflects the diverse and varied nature of Indian society and governance.
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The US Constitution is the oldest active codified constitution
The US Constitution is the world's oldest active codified constitution. It is one of the few constitutions that is written, with the British Constitution being a notable example of an unwritten constitution. The US Constitution establishes a federal system of government and outlines the system of checks and balances that ensures the separation of powers between the three branches of government: the executive, the legislative, and the judiciary.
The US Constitution has been amended several times throughout its history to address the changing needs of the nation. The process of amending the Constitution is outlined in Article V, which provides two methods for proposing amendments and two methods for ratifying them. The Necessary and Proper Clause, also known as the Elastic Clause, grants Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers". This clause has been used to justify the creation of a national bank and other exercises of power by Congress.
The Supremacy Clause in Article VI establishes the Constitution, federal laws, and treaties as the "supreme Law of the Land". This clause has been used by the Supreme Court to strike down state laws that conflict with federal laws or the Constitution itself. The Fourteenth Amendment's Equal Protection Clause is another important feature of the Constitution, prohibiting Congress from violating the rights of individuals or groups.
The US Constitution has had a significant influence on the constitutions of other nations, including India, which has adopted features from various constitutions around the world to suit the needs of its country. The Indian Constitution is the lengthiest and most detailed written constitution in the world, consisting of a preamble and about 450 articles divided into 24 parts and 12 schedules. While the US Constitution has endured as the oldest active constitution, other nations continue to evolve their constitutional frameworks to suit their respective social, political, and cultural contexts.
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The Constitution of India establishes a federal system of government
The Constitution of India is the lengthiest written constitution of any country in the world. It establishes a federal system of government, with a clear division of powers between the central government and the state governments. The Indian model of federalism is called a quasi-federal system, as it contains features of both a federation and a union.
The Constitution of India establishes the structure of the Indian government, including the relationship between the federal government and state governments. Part XI of the Indian constitution specifies the distribution of legislative, administrative and executive powers between the union government and the States of India. The legislative powers are categorised under a Union List, a State List, and a Concurrent List, representing the powers conferred upon the Union government, those conferred upon the State governments, and powers shared among them.
Federalism in India allows for both national unity and regional diversity, as it allows the central government to implement policies that apply uniformly throughout the country while also allowing the states to tailor policies to meet the specific needs of their regions. This is achieved through a three-fold distribution of legislative power, with the Union List, State List, and Concurrent List. The goal of federalism is to preserve personal liberty by separating the powers of the government so that one group may not dominate all powers.
The Indian Constitution also contains a large number of unitary or non-federal features, such as a strong Centre, a single Constitution, the appointment of a state governor by the Centre, and all-India services. The term 'Federation' is not used in the Constitution, and the country is described as a Union of States. The Constitution guarantees more powers to the Union List, and the parliament can make laws that can override the laws made by a state legislature on some matters. The executive in both the centre and the states is a part of the legislature, which goes against the principle of division of powers.
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The US Constitution has an Elastic Clause, which gives Congress power
The US Constitution has an Elastic Clause, also known as the Necessary and Proper Clause, which grants Congress implied powers in addition to its enumerated powers. This clause, found in Article I, Section 8 of the Constitution, states that Congress has the power:
> "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
This clause was included in the Constitution to address the limitations of the Articles of Confederation, which restricted federal power to only those powers expressly delegated to the United States. The Elastic Clause authorises Congress to employ any means that are "appropriate and plainly adapted" to the ends within the scope of federal power under the Constitution.
The inclusion of the Elastic Clause in the US Constitution has been a source of contention, with Anti-Federalists arguing that it grants the federal government excessive power. This dispute came to a head in the landmark Supreme Court case McCulloch v. Maryland in 1819, where the Court ruled that the clause gives Congress implied powers beyond those explicitly stated in the Constitution. Chief Justice John Marshall clarified that if Congress can tie its exercise of power to one of the enumerated powers and if the new exercise of power is not forbidden in the Constitution, then it is constitutional.
The McCulloch v. Maryland case set a precedent for interpreting the Elastic Clause, with the Court ruling that Congress had the implied power to establish a national bank as it was a "proper and suitable instrument" to aid in carrying out its express powers of taxation and spending. This decision reaffirmed Alexander Hamilton's argument that the Elastic Clause applies to activities reasonably related to constitutional powers, not just those absolutely necessary for carrying them out.
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The Indian Constitution guarantees fundamental rights to all citizens
The Indian Constitution is a lengthy and detailed document, the result of 11 sessions held over 165 days, and is influenced by the needs and conditions of India. It establishes a federal system of government, with a parliamentary system, a prime minister, and a Council of Ministers. It also guarantees fundamental rights to all citizens, ensuring that all Indians can lead their lives in peace and harmony.
These fundamental rights are enshrined in Part III (Article 12–35) of the Constitution and are known as "fundamental" as they are essential for all-round development, including material, intellectual, moral, and spiritual growth. They are protected by the fundamental law of the land, i.e., the Constitution itself. The rights guaranteed include the right to equality, freedom of speech and expression, freedom of religion, and the right to education. These rights are universal and apply to all citizens of India, regardless of their race, place of birth, religion, caste, or gender.
The Indian Constitution also provides for three types of amendments, ranging from simple to complex procedures, depending on the nature of the change. The Fundamental Rights of the Indian Constitution can be suspended during a national emergency, but the rights guaranteed under Articles 20 and 21 cannot be suspended.
The Constitution is also notable for its adoption of liberalism in the Indian context, which refers to self-government, secularism, nationalism, economic reforms, and a constitutional approach. It also reflects the influence of Gandhism, promoting non-violence, truth, and the upliftment of villages.
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