Jonah Patel
The Indian Constitution is the world's longest for a sovereign nation, comprising 395 articles, 22 parts and 12 schedules, and has had more than 100 amendments since it was enacted. It is a combination of rigidity and flexibility, with some parts that can be amended by a simple majority, and others that require a two-thirds majority and the support of at least half of the state legislatures. The Constitution is a social document that provides a parliamentary system of government, with executive power resting with the council of ministers and the President as a nominal ruler. It also provides for bicameral legislatures, with the Rajya Sabha (Council of States) and Lok Sabha (House of the People). The Constitution grants Fundamental Rights to all citizens, which include the right to life and personal liberty, and cannot be taken away or abridged by any law made by the states. It also provides for an independent judiciary, with the Supreme Court able to declare parliamentary laws unconstitutional through its power of judicial review.
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What You'll Learn
The Indian Constitution is the world's longest
The Constitution of India was composed between 1947 and 1950, and it came into effect on 26 January 1950, India's Republic Day. The original text of the Constitution contained 395 articles in 22 parts and eight schedules. The number of articles has since increased to 448 due to 100 amendments. The Constitution is a fundamental law that reflects the principles on which the government of the country is based. It provides for a parliamentary system of government, with the real executive power resting with the council of ministers and the President as a nominal ruler.
The Indian Constitution is unique in that it encompasses all the specifics and descriptions of the authorities wielded by the government, legislature, and judiciary. It provides for bicameral legislatures at the centre, consisting of the Rajya Sabha (Council of States) and Lok Sabha (House of the People). It also makes special provisions for minorities, Scheduled Castes, and Scheduled Tribes, granting them certain special rights. The Constitution also provides for an independent judiciary, which acts as a guardian of the liberties and fundamental rights of citizens.
The Constitution of India is also notable for its adoption of constitutional supremacy, which means that it is the supreme power of the nation and governs all laws. According to Article 13, if any pre-constitutional laws conflict with the Constitution, those provisions are deemed ineffective until an amendment resolves the conflict. The Constitution also includes a 'Basic Structure' Doctrine, which holds that certain features of the Constitution are so integral that they cannot be removed.
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It is a combination of rigidity and flexibility
The Indian Constitution is a combination of rigidity and flexibility. This means that while some parts of it can be amended by Parliament through a simple majority, other parts require a two-thirds majority, as well as the support of at least half of the state legislatures. This flexibility was deliberately built into the constitution by wording it in generalities rather than vague terms. This flexibility is also reflected in the fact that the Indian Constitution has had more than 100 amendments since it was enacted.
The Indian Constitution is the world's longest for a sovereign nation. It originally comprised 395 articles, 22 parts, and 8 schedules, but now has 448 articles, 25 parts, and 12 schedules. It is also unique in that it provides for a single integrated system of courts to administer both Union and State laws.
The Constitution establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government. It grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislations or government actions that violate the Constitution. The judiciary is free from interference from other organs of the government, such as the executive and the legislature.
The Constitution also provides for bicameral legislatures at the centre, consisting of the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). It vests extraordinary powers, known as Emergency Powers, in the President during emergencies arising from armed rebellion, external aggression, or the failure of constitutional machinery in the state.
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It is a social document
The Indian Constitution is a social document that reflects the fundamental principles on which the government of the country is based. It is a combination of rigidity and flexibility, with some parts amendable by a simple majority in Parliament, and others requiring a two-thirds majority and the support of half of the state legislatures.
The Constitution provides for a parliamentary system of government, with executive power vested in a council of ministers, and a largely ceremonial role for the President. It establishes India as a 'Sovereign Socialist Secular Democratic Republic', with a secular state that recognises freedom of conscience and religion. The Constitution grants all citizens Fundamental Rights, including the right to a speedy trial, and outlines 11 Fundamental Duties of citizens, such as the duty to strive towards excellence in all activities.
The Constitution also provides for an independent judiciary, with the Supreme Court at its apex, followed by High Courts and District Courts. The judiciary has the power to review and invalidate any legislation or government action that violates the Constitution. This includes the power to suggest or create temporary laws on topics of public importance. The Constitution also establishes a bicameral legislature, with the Rajya Sabha (Council of States) and Lok Sabha (House of the People).
The Indian Constitution is a social document that aims to realise the goals set for all the people of India, with a focus on social and economic justice, as outlined in the Directive Principles of State Policy. It is a living document that has undergone over 100 amendments since its enactment and is the world's longest constitution for a sovereign nation.
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It espouses constitutional supremacy
The Indian Constitution espouses constitutional supremacy, not parliamentary supremacy as found in the United Kingdom. This is because it was created by a constituent assembly rather than Parliament. Notably, the Indian Constitution does not contain a provision to limit the powers of Parliament to amend the constitution. However, the Supreme Court has held that certain features of the Indian Constitution are integral to its functioning and existence, and therefore cannot be removed. This is known as the 'Basic Structure' Doctrine.
The Indian Constitution is the supreme legal authority, superseding all other laws in the country. It establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government. The Constitution grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate any legislation or government action that violates its principles. The judiciary is free from interference by other branches of the state, including the executive and the legislature. The Supreme Court has its own staff, and the judiciary has the power to review and declare laws as unconstitutional or invalid.
The Constitution provides for a bicameral legislature at the centre, consisting of the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). It also vests extraordinary powers, known as Emergency Powers, in the President during emergencies, such as armed rebellion or external aggression.
The Indian Constitution provides an elaborate list of Fundamental Rights for citizens, which cannot be taken away or abridged by any law made by the states. These rights include the right to a speedy trial, freedom of conscience and religion, and the Fundamental Duties outlined in Article 51A.
The Constitution also mentions certain Directive Principles of State Policy, which the government must consider when formulating new policies. These principles guide the government's decision-making process and ensure that it acts in the best interests of the people.
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It guarantees six fundamental rights
The Indian Constitution is the world's longest for a sovereign nation, comprising 395 articles, 22 parts, and 12 schedules at the time of enactment. Since then, it has undergone more than 100 amendments, expanding to 448 articles, 25 parts, and 12 schedules. The constitution is a fundamental law that reflects the principles on which the government of the country is based. It establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government.
One of the most important features of the Indian Constitution is that it guarantees six fundamental rights to its citizens. These rights are enshrined in Articles 12 to 35 and cannot be taken away or abridged by any law made by the states. The six fundamental rights are:
- Right to Equality: This includes equality before the law, prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth, and equality of opportunity in matters of public employment, abolition of untouchability, and titles.
- Right to Freedom: This encompasses protection in respect of life and personal liberty, freedom of movement throughout India, residence and settlement in any part of India, freedom to assemble peaceably without arms, freedom of association, and freedom of thought, expression, belief, faith, worship, vocation, and profession.
- Right against Exploitation: This prohibits all forms of forced labour, trafficking, and other similar practices.
- Right to Freedom of Religion: This guarantees freedom of conscience and the right to profess, practise, and propagate religion freely.
- Cultural and Educational Rights: This includes the right of any section of citizens to conserve its distinct language, script, or culture and the right of minorities to establish and administer educational institutions of their choice.
- Right to Constitutional Remedies: This ensures that the State does not deny justice to any person and provides remedies for the enforcement of the fundamental rights.
These fundamental rights are just one aspect of the Indian Constitution, which also includes other unique features such as an independent judiciary, special provisions for minorities and disadvantaged groups, and a parliamentary system of government. The constitution is a hybrid regime, combining rigidity and flexibility, with some parts amendable by a simple majority in Parliament, while others require a two-thirds majority and the assent of half of the state legislatures.
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Frequently asked questions
The Indian Constitution became the law of India on 26 January 1950. This date was chosen to spread the importance of the constitution and the thoughts and ideas of Ambedkar.
The Indian Constitution is the world's lengthiest written constitution for a sovereign nation, comprising 448 articles, 22 parts and 12 schedules.
The Indian Constitution is a combination of rigidity and flexibility, with some parts amendable by a simple majority and others requiring a two-thirds majority. It provides for a parliamentary system of government, with executive power resting with the council of ministers and the President as a nominal ruler. It also includes an elaborate list of Fundamental Rights, which cannot be taken away or abridged by any law, and an independent judiciary.
The Indian Constitution was drafted by the Constituent Assembly, borrowing features from previous legislation such as the Government of India Acts of 1858, 1919 and 1935, as well as the Indian Independence Act of 1947. It also incorporates aspects of the British principle of parliamentary sovereignty and the American principle of judicial supremacy.
Part III of the Indian Constitution guarantees six fundamental rights to all citizens, including the right to life and personal liberty (Article 21), the right to a speedy trial (Article 21), and the Fundamental Duties (Article 51A).
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