Malcolm Rivera
The Indian Constitution is the world's longest for a sovereign nation, with 145,000 words. It contains 395 articles in 22 parts, grouped into 12 schedules and five appendices. The Constitution has been amended 106 times, with the latest amendment added on 28 September 2023. The articles cover a range of topics, from citizenship rights to the formation of new states, and the official language of the Union. The Constitution also dictates the procedure for future amendments, which can be made by Parliament with a two-thirds majority vote.
| Characteristics | Values |
|---|---|
| Number of articles | 470 |
| Number of parts | 25 |
| Number of schedules | 12 |
| Number of appendices | 5 |
| Number of amendments | 106 |
| Date of latest amendment | 28 September 2023 |
| Number of words | 145,000 |
| World ranking by length | 2nd |
| Power to amend | Parliament |
| Amendment majority required | Two-thirds |
| Federal amendment ratification | Majority of state legislatures |
| Judiciary | Independent |
| Judicial review | Article 13 |
| Power over states | Ability to create or modify them |
| Number of states | 28 (not including union territories) |
| Most recently created state | Telangana |
| Year of Telangana's creation | 2014 |
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What You'll Learn
The Constitution's Articles
The Indian Constitution is the world's longest for a sovereign nation. Originally, it had 395 articles in 22 parts and 8 schedules. The most recent amendment was given assent on 28 September 2023, and the amended constitution now has 470 articles, which are grouped into 25 parts.
Schedules are lists in the constitution that categorise and tabulate bureaucratic activity and government policy. There are currently 12 schedules in the Constitution of India.
The Constitution of India grants Parliament the authority to create laws necessary for implementing international agreements and treaties under Article 253. This indicates that the Constitution of India is dualist, meaning that treaty law only takes effect when a domestic law passed using the normal processes incorporates it into domestic law.
Article 368 dictates the procedure for constitutional amendments. Amendments are additions, variations, or repeals of any part of the constitution by Parliament. An amendment bill must be passed by each house of Parliament by a two-thirds majority of its total membership when at least two-thirds are present and vote.
Article 50 of the Constitution provides that the state must take measures to separate the judiciary from the executive in public services. Judicial review is dealt with in Article 13, which states that all pre-constitutional laws that conflict with the constitution shall have all conflicting provisions deemed ineffective until an amendment to the constitution ends the conflict.
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Amendments
The Indian Constitution is the world's longest for a sovereign nation, with 145,000 words. It has been amended 106 times as of February 2025 since it was enacted in 1950, making it the most amended national constitution in the world. The Constitution is amended roughly twice a year.
The Constitution had 395 articles in 22 parts and 8 schedules at its enactment. It now has a preamble and 470 articles, which are grouped into 25 parts. With 12 schedules and five appendices, it is the second-longest active constitution in the world.
Some notable amendments include the Eighty-sixth Amendment, which provides for the Right to Education for six to fourteen-year-olds and Early Childhood Care until the age of six. The 122nd Amendment introduced the Goods and Services Tax. The 42nd Amendment in 1976 added the words "socialist", "secular", and "integrity" to the preamble.
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The Judiciary
The Indian Constitution provides for a single unified judiciary, with the Supreme Court at the apex. The judiciary is structured in three levels with subsidiary parts. The Supreme Court is the highest court and serves as the final court of appeal for all civil and criminal cases in India. It is constituted of 33 Judges and 1 Chief Justice of India. The Supreme Court has original, appellate and advisory jurisdictions. The Constitution also bestows on the Supreme Court the power of Constitutional Review, which cannot be taken away even by way of Constitutional Amendment. The Supreme Court acts as an interpreter of the Constitution and its decision is binding on all lower courts.
The second level of the judiciary is formed by the High Courts, which are the top judicial courts in individual states, led by the state Chief Justice. There can be one High Court for two states. The High Courts manage a system of subordinate courts headed by the various District and Session Courts in their respective jurisdictions. The lower courts function under the direct superintendence of the higher courts.
The third level of the judiciary consists of the district and subordinate courts. These are the inferior courts to the High Courts in the state. The executive and revenue courts are managed by the respective state governments through the district magistrates or other executive magistrates.
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Federalism
The Indian Constitution is the world's longest for a sovereign nation, with 12 schedules and five appendices, and it has been amended 106 times. The Constitution establishes the structure of the Indian government, including the relationship between the federal government and state governments.
In legislative and administrative matters, the union government cannot overrule the constitutional rights or powers of a state government, except when presidential rule is declared in a state. The Union's duty is to ensure that the government of every state is carried out in accordance with the provisions of the Constitution, as per Articles 355 and 256. The state governments cannot violate central laws in administrative matters. When a state violates the Constitution, presidential rule can be imposed under Article 356, and the President takes over the state's administration with the consent of Parliament, as per Article 357.
The Indian model of federalism has three distinctive features, according to Kumarasingham: its origins in Partition and the Princely States, its constitutional power over borders, and its early compromise of different cultural elements in the first decade. The flexibility of the Constitution allows for certain provisions to be easily amended. However, amendments that seek to change aspects of federalism in India are more challenging to implement.
The goal of federalism is to preserve personal liberty by separating the powers of the government so that no single government or group can dominate all powers. Federalism in India is a complex system that manages a diverse population within a federal framework. The national government deals with issues such as national defence, foreign relations, commerce, and currency, while state governments have more roles and authority over internal matters such as education, public safety, standards, and infrastructure.
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Treaties and International Law
The Indian judiciary has been very active in implementing India's international obligations under international treaties, especially in the areas of environmental law and human rights. The Indian Constitution outlines the country's approach to international law and treaties in Articles 2, 51, 253, and 372(1).
Article 51 of the Indian Constitution is the most relevant article concerning international law. It states that the state has the responsibility to promote international peace and security and maintain good relations with other nations. It also mentions that the state shall respect the provisions of international law and fulfil its treaty obligations, as well as encourage the settlement of international disputes through arbitration. This article demonstrates India's commitment to upholding international law and resolving conflicts peacefully.
Article 253 of the Constitution empowers the parliament to pass laws to execute international treaties, agreements, and conventions. This article ensures that India can effectively implement its international commitments through domestic legislation. The parliament also holds residuary legislative power, allowing it to legislate on matters not listed in Schedule VII of the Constitution. Additionally, Article 2 grants the parliament the authority to admit foreign territories into the union through legal means, as demonstrated by the addition of Sikkim through constitutional amendments.
Article 372(1) of the Constitution addresses the continuity of existing laws at the time of the Constitution's adoption. It states that these laws shall remain in force unless altered, repealed, or amended by a competent legislature. This article ensures the validity of treaties and agreements entered into by the British Government on behalf of British India until they are officially changed. India's approach to international law and treaties is similar to the British dualistic view, as seen in the Berubari case, where the Indian Government agreed to exchange a small piece of land in West Bengal with Pakistan.
The Indian courts have played a significant role in interpreting and implementing international law and treaties. The courts have upheld the principle that ratified treaties should be implemented in good faith while also considering the presence of domestic law. In the case of Jolly George Verghese vs Bank of Cochin (1980), the Supreme Court reflected a dualist approach, stating that municipal law takes precedence over international treaties unless altered to accommodate the latter. The court's decision in the Vishaka vs the State of Rajasthan (1997) case established guidelines on sexual harassment of women, demonstrating the influence of international treaties on domestic law. In cases where international law conflicts with domestic law, the courts will prioritize domestic law enacted by the Parliament of India.
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Frequently asked questions
The Indian Constitution is the supreme power of the nation and governs all laws. It is the world's longest for a sovereign nation and has been amended 106 times, most recently in September 2023.
The Indian Constitution has 470 articles, which are grouped into 25 parts.
There are 12 schedules in the Indian Constitution. Schedules categorise and tabulate bureaucratic activity and government policy.
Article 368 dictates the procedure for constitutional amendments. Amendments are additions, variations, or the repeal of any part of the constitution by Parliament. An amendment bill must be passed by each house of Parliament by a two-thirds majority.
Article 50 of the Indian Constitution provides that the state must take measures to separate the judiciary from the executive in public services. An independent judiciary is considered a basic feature of the constitution.
