Omar Bennett
The Indian Constitution is the longest written constitution of any country in the world, with 146,385 words in its English-language version. It includes significant articles that outline fundamental rights, political principles, procedures, and responsibilities. The constitution serves as a blueprint for India's governance and is a testament to the country's commitment to justice, liberty, equality, and fraternity. It includes provisions to safeguard the interests of Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities, and women through reservations and other affirmative actions. The constitution also establishes the roles and responsibilities of the judiciary, legislature, and executive branches of government.
| Characteristics | Values |
|---|---|
| Length | 146,385 words in the English-language version, making it the longest written constitution of any country in the world |
| Articles | 448 |
| Parts | 25 |
| Schedules | 8 |
| Date of Adoption | 26th November 1949 |
| Date of Enforcement | 26th January 1950 |
| Rights | Voting, equality, freedom, education, constitutional remedies, and more |
| Duties | Fundamental duties |
| Citizenship | Provisions to safeguard the interests of Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities, and women |
| Governance | Defines the structure of the government and outlines the powers and responsibilities of various institutions |
| Amendments | 105 as of 2023 |
| Federalism | Criticised for concentrating power at the centre |
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What You'll Learn
Citizens' rights
The Constitution of India guarantees civil liberties and fundamental rights to citizens, ensuring they can lead their lives in peace and harmony. These rights are enforceable by the courts and are enshrined in the Constitution, which guarantees them. The six fundamental rights are:
- Right to Equality: This includes equality before the law, prohibiting discrimination based on religion, race, caste, sex, or place of birth, and equality of opportunity in employment.
- Right to Freedom: This includes freedom of speech and expression, assembly, association or union, movement, residence, and the right to practice any profession or occupation.
- Right against Exploitation: Prohibiting all forms of forced labour, child labour, and human trafficking.
- Right to Freedom of Religion: Freedom of conscience, profession, practice, and propagation of religion. Every person has the right to freely practice their faith and establish and maintain religious institutions.
- Cultural and Educational Rights: These rights protect the rights of religious, cultural, and linguistic minorities, allowing them to preserve their heritage and culture. Educational rights ensure that everyone has access to education without discrimination.
- Right to Life and Personal Liberty: This right is available to all, including non-citizens, and states that no person shall be deprived of their life or personal liberty except according to the procedure established by law.
The Constitution also guarantees remedies if citizens' fundamental rights are violated, and the government cannot infringe upon or curb anyone's rights. The Supreme Court and High Courts can issue writs to enforce these rights.
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Governance
The Constitution of India is the supreme legal document of India and the world's longest written national constitution. It establishes India as a sovereign, socialist, secular, democratic republic, and outlines the framework for the country's governance, rights, and duties.
Framework for Governance
The Constitution of India provides a federal system of government with a parliamentary system. It establishes a three-tier governmental structure with central, state, and local governments. The Constitution also outlines the organisation, powers, and limits of government institutions.
Branches of Government
The Constitution establishes three branches of government: the executive, legislative, and judicial branches.
Executive Branch
The executive branch is led by the President, who is the constitutional head of the Executive of the Union. The executive branch also includes the Vice President and a Council of Ministers, which is headed by the Prime Minister. The Prime Minister aids and advises the President in the performance of their constitutional duties.
Legislative Branch
The legislative branch consists of two houses of parliament: the lower house, or Lok Sabha (House of the People), and the upper house, or Rajya Sabha (Council of States). The President of India is also considered part of the parliament.
Judicial Branch
The judicial branch is headed by the Supreme Court of India, which is comprised of the Chief Justice of India and up to 33 other Judges appointed by the President. The Supreme Court's decisions are binding on all Courts within the territory of India and it determines the constitutional validity of union government legislation.
Fundamental Rights and Duties
The Constitution of India grants all citizens Fundamental Rights and ensures their protection. It also outlines the duties of citizens, including the preservation, protection, and defence of the Constitution and the law.
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Democracy
India is a democratic country ruled by a parliamentary democracy headed by its prime minister and their government. The Constitution of India, enacted in 1949 and enforced in 1950, is the world's longest written constitution. It is influenced by the British parliamentary democracy and the United States' written constitution. The Constitution provides for a parliamentary form of government that is federal in structure with certain unitary features.
India's government is modelled loosely on the British Westminster system. It consists of a president as head of state, an executive headed by the prime minister, a bicameral legislature consisting of a parliament, and a judiciary with a supreme court at its head. The constitution sets out the country's political code, federal structure, powers of government, and guarantees Indians' rights, including equality before the law and freedom of speech, assembly, and movement, among others. It also recognises no class barriers and guarantees freedom of opinion, assembly, and association.
The constitution provides for the creation of a Council of Ministers with the Prime Minister as its head to aid and advise the President, who shall exercise their functions in accordance with the advice of the Council of Ministers. The constitution also allows for the Indian Cabinet to legislate and spend money not otherwise authorised by law when the legislature is not in session.
The constitution can be amended by the Government of the Union, including provisions for the creation of new administrative units. However, provisions regarding the organisation of state governments, their relations with the Union government, and the division of functions between them can only be amended by a two-thirds majority in both houses of Parliament, followed by the approval of at least half of the state legislatures.
India's democracy, commonly referred to as the largest in the world, faces several challenges. These include a dysfunctional legal system, excessive force by police and security forces, demographic imbalances, high unemployment, and criminality in the political system. There are also concerns about increasing political polarisation, with critics and journalists facing harassment and surveillance, and the integrity of elections being undermined by opaque campaign finance laws.
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Equality
The Constitution of India is the world's longest written constitution, with 146,385 words in its English-language version. It is also one of the most extensive legal documents in the world, serving as the cornerstone of the nation's governance and a blueprint for India's governance as the world's largest democracy. The constitution includes significant articles that outline fundamental rights, political principles, procedures, and responsibilities.
The Constitution of India includes provisions to safeguard the interests of Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), minorities, and women through reservations and other affirmative actions. It ensures that the laws enacted by the State do not violate the Fundamental Rights guaranteed in Part III of the Constitution, which includes the right to equality before the law and equal protection of the laws within the territory of India. This is guaranteed under Article 14 of the Indian Constitution, which is part of the Right to Equality. This right to equality is one of the key articles that form the backbone of Indian governance and citizens' rights, ensuring justice, liberty, equality, and fraternity in India.
The Constitution also establishes the supremacy of fundamental rights, including the right to equality, over any other laws in cases of inconsistency. This is outlined in Article 13, which states that any law inconsistent with these rights, whether enacted before or after the commencement of the Constitution, is void. The Supreme Court and High Courts have the authority to review and declare laws unconstitutional under Article 32 and Article 226.
The Indian Constitution also provides for the right to education, which is integral to promoting equality. Article 21A, inserted by the 86th Amendment Act in 2002, recognizes the right to education. This was also present under Article 45 as a Directive Principle of State Policy. In the case of Mohini Jain vs State of Karnataka (1992), the Apex Court held that the right to life and personal liberty under Article 21 of Part III of the Indian Constitution includes the Right to Education.
The Constitution also ensures equality in the right to vote, with every Indian citizen aged 18 and above having the right to vote, regardless of caste, religion, or gender. This ensures the democratic participation of all eligible individuals.
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Freedom
The right to freedom of movement, also guaranteed under Article 19, allows citizens of India to move freely throughout the country. While this right is fundamental, it can be restricted on grounds of security, public order, or for the protection of the interests of Scheduled Tribes.
Article 19 also ensures the freedom to reside in any part of the country. However, similar to the right to freedom of movement, restrictions can be imposed on grounds of security, public order, or for protecting the interests of Scheduled Tribes.
The Constitution further guarantees the freedom to practice any profession or occupation under Article 19. Citizens have the right to carry out any trade, profession, or occupation that is not illegal or immoral. The state retains the authority to establish laws related to technical or professional qualifications required for specific fields.
In addition to these freedoms, the Constitution of India also protects the freedom of conscience and the free profession, practice, and propagation of religion. It upholds the right of any section of citizens to conserve their culture, language, or script and grants minorities the right to establish and administer educational institutions of their choice. These freedoms contribute to the rich cultural diversity that India is renowned for.
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Frequently asked questions
The Indian Constitution is the cornerstone of the world’s largest democracy, embodying the principles, rights, and duties that guide the functioning of the Indian state and its citizens. It acts as a blueprint for India’s governance and is a testament to the country's commitment to justice, liberty, equality, and fraternity.
The Indian Constitution includes significant articles that outline fundamental rights, political principles, procedures, and responsibilities. It promotes national unity by acknowledging and valuing the population's diversity while also instilling a sense of common citizenship and patriotism. It serves as the legal foundation for all laws and regulations, ensuring consistency and coherence across the legal system.
The Indian Constitution contains several essential articles that form the backbone of Indian governance and citizens’ rights. Some of the key articles include:
- Article 14-18: Right to Equality
- Article 19-22: Right to Freedom
- Article 21A: Right to Education
- Article 32: Right to Constitutional Remedies
- Article 44: Uniform Civil Code
- Article 51A: Fundamental Duties
- Article 72: Presidential Pardoning Power
