Jonah Patel
The Indian Constitution is the longest written constitution in the world and is considered unique for its amalgamation of different constitutions and sources. It establishes a federal system of government, with power divided between the central government and state governments, and features a parliamentary form of government. The constitution outlines the rights and duties of citizens, including fundamental rights, and establishes an independent judiciary with the Supreme Court as the highest court of appeal. It is both rigid and flexible, with a strong centre and single citizenship. The Indian Constitution is a dynamic document that remains central to contemporary debates on federalism, fundamental rights, and judicial roles.
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What You'll Learn
The Indian Constitution is the supreme law of the land
The Indian Constitution is a federal system of government with a large number of unitary or non-federal features. It establishes a parliamentary system of government, adopting the British model over the American presidential system. The parliamentary system in India is based on cooperation and coordination between the legislative and executive organs. While Parliament retains the ultimate authority to make laws, the judiciary serves as the guardian of the Constitution, ensuring that parliamentary actions adhere to constitutional norms. This synthesis of parliamentary sovereignty and judicial supremacy represents a delicate balance.
The Indian Constitution is neither rigid nor flexible but a synthesis of both. Some provisions can be amended by a special majority in Parliament, while others can be amended by a simple majority. The Fundamental Rights outlined in the Constitution promote the idea of political democracy and act as limitations on the executive and arbitrary laws of the legislature. The Directive Principles of State Policy, considered a novel feature, set out the aims and objectives for the state in governing the country and provide for social and economic justice.
The Indian Constitution reflects the impact of various ideologies, including secularism, liberalism, and Gandhism. Secularism, a hallmark of the Constitution, ensures religious freedom and equal respect for all religions. Liberalism, in the Indian context, refers to self-government, secularism, nationalism, economic reforms, and representative institutions. Mahatma Gandhi's principles of non-violence, truth, and the uplift of villages also influenced the Constitution.
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It establishes a federal system of government
The Indian Constitution establishes a federal system of government, which is unique in its combination of federal and unitary characteristics. This system of government entails a three-tier structure, encompassing the central, state, and local levels. Each state and union territory operates under its own government, with a governor or lieutenant governor, and a chief minister.
One of the key features of this federal system is the division of powers between the central and state governments. While the central government holds significant power, the states also retain autonomy in key areas. This division of powers promotes a balanced distribution of authority and ensures that the diverse needs of regions within India are addressed.
The Indian Constitution's federal nature is further reflected in its recognition of two types of government: the executive and the legislative. The executive branch includes the President, Vice President, Prime Minister, and Council of Ministers. The legislative branch consists of the Parliament, which is composed of two houses: the Rajya Sabha (Upper House) and the Lok Sabha (Lower House).
The Constitution also establishes an independent judiciary, which plays a crucial role in maintaining the federal structure. The Supreme Court, as the highest court in the land, interprets the Constitution and safeguards citizens' fundamental rights. Below the Supreme Court, there are High Courts at the state level, followed by a hierarchy of subordinate courts, including district courts and other lower courts.
The Indian Constitution's federal system of government is designed to accommodate the country's diverse needs and conditions. By adopting a federal structure, India ensures that power is shared between the central authority and the states, allowing for a more inclusive and representative form of governance. This system also enables the country to manage its vast territory and varied landscapes effectively.
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It is the longest written constitution in the world
The Indian Constitution is the world's longest written constitution for a sovereign nation. It is a very comprehensive, elaborate, and detailed document that encompasses all the specifics and descriptions of the authorities of the government, legislature, and judiciary. It is also a unique document that establishes the rules by which the country is governed.
The constitution was composed between 1947 and 1950 and came into effect on 26 January 1950, which is celebrated annually as Republic Day. The original text contained 395 articles in 22 parts and 8 or 9 schedules. It has since been amended over 100 times, with the number of articles increasing to 448 or about 450 or 470, divided into 24 or 25 parts and 12 schedules. The English-language version of the Indian Constitution is around 145,000 or 146,385 words long, which is over one-third the length of Alabama's constitution and more than 30 times the length of the US Constitution.
The bulkiness of the Indian Constitution can be attributed to several factors, including the country's diversity and the influence of historical legislation such as the Government of India Act of 1935, which had a significant impact on the constitution's structural provisions. The constitution was drafted by a 389-member Constituent Assembly, which was reduced to 299 members after the partition of India. The Constituent Assembly was composed primarily of legal professionals, which may have contributed to the constitution's length and detail.
The Indian Constitution is also notable for its synthesis of rigidity and flexibility, allowing it to adapt to the country's changing needs while maintaining a stable framework. This balance is reflected in the Fundamental Rights and Directive Principles of State Policy, which provide a foundation for the country's governance and the rights of its citizens.
In conclusion, the Indian Constitution's length is a result of its comprehensive nature, the country's diverse cultural and historical context, and the influence of legal professionals in its drafting process. Its length and detail reflect the constitution's importance as the supreme legal document of India, establishing the rules and authorities that govern the nation.
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It upholds a secular state
The Indian Constitution is the lengthiest of all the written constitutions in the world. It is a very comprehensive, elaborate, and detailed document. The salient features of the Indian Constitution include fundamental rights, secularism, directive principles, independence of judiciary, federalism, liberal democracy, rule of law, and republicanism.
The Indian Constitution upholds a secular state, which is an idea pertaining to secularity, whereby a state is or purports to be officially neutral in matters of religion. A secular state supports neither religion nor irreligion and treats all its citizens equally regardless of their religious beliefs. It claims to avoid preferential treatment for citizens based on their religious beliefs, affiliation, or lack of either over those with other profiles. Secularism provides a framework for a democratic society and ensures equality, freedom, and fairness throughout society.
In a secular state, the government does not interfere with religion and its activities as long as they are done within the confines of the law. It is necessary to establish a secular state for a country to have true freedom of religion. The Indian Constitution establishes a federal system of government with two governments and a division of powers. This allows for the protection of religious freedom and ensures that no single religion dominates or influences the decisions and policies of the government.
While the absence of an established state religion is a characteristic of a secular state, it does not necessarily mean that a state is completely secular or egalitarian. Some states that describe themselves as secular may still have religious references in their national symbols or laws that benefit a particular religion. Additionally, many states that are now secular may have legal vestiges of an earlier established religion. For example, the United Kingdom is a recognized secular state, but its constitution requires the head of state to swear to protect the Church of England.
The Indian Constitution, with its salient feature of secularism, upholds a secular state by establishing a framework that protects the freedom of religion and ensures that no single religion dominates. This allows for a more inclusive and equal society where individuals are free to practice their religions and express their beliefs without interference from the state.
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It establishes a parliamentary system of government
The Indian Constitution establishes a parliamentary system of government, adopting the British model over the American Presidential System. It is a federal system of government with a unitary bias, meaning that it has features of both a federation and a unitary system.
The Indian Constitution establishes a parliamentary system of government at the Centre and in the states. The Indian Parliament is not a sovereign body like the British Parliament, and the Indian State has an elected head (a republic) while Britain has a hereditary monarchy. The Indian Constitution combines parliamentary sovereignty with judicial supremacy, which is associated with the American Supreme Court.
The Indian Constitution establishes a three-tier governmental structure, with central, state, and local governments. Each state and union territory has its own government, with a governor or lieutenant governor and a chief minister. The central government appoints state governors.
The Constitution establishes a written parliamentary system, with the longest written constitution in the world. It is very comprehensive, elaborate, and detailed, with about 450-470 articles divided into 24-25 Parts and 12 Schedules. The Constitution was adopted on 26 January 1950 and has since been amended several times.
The parliamentary system established by the Indian Constitution is based on the country's needs and conditions, borrowing features from previous legislation such as the Government of India Acts of 1919 and 1935, and the Indian Independence Act of 1947. It also incorporates the best features from many international constitutions, including fundamental rights, secularism, and republicanism.
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Frequently asked questions
The Indian Constitution is the longest and most detailed written constitution in the world. It is the fundamental and supreme law of the land, establishing a federal system of government with a parliamentary form. It outlines the framework for governance, defining the powers and responsibilities of government institutions, and the rights and duties of citizens. It is dynamic and evolving, reflecting India's political, social, and legal landscape.
The Indian Constitution establishes a federal system of government with a parliamentary form. It adopts the British Parliamentary System of Government instead of the American Presidential System.
The Indian federal system has a strong centralising tendency with unitary or non-federal features. It includes a strong centre, single constitution, single citizenship, flexibility, integrated judiciary, appointment of state governors by the centre, and emergency provisions.
The Directive Principles of State Policy are instructions for the legislature and executive to follow when framing new legislation. They are a novel feature of the Indian Constitution, classified into three broad categories: Socialistic, Gandhian, and Liberal-intellectual. They are non-justiciable, meaning they cannot be enforced by courts, but the state has a duty to apply them in governance.
The Indian Constitution safeguards the independence of the judiciary through provisions such as the security of tenure for judges and fixed service conditions. The Supreme Court of India, as the highest court, guarantees fundamental rights and acts as the guardian of the Constitution.
