Simone Lawson
The Indian Constitution is the supreme legal document of India and is the world's longest written national constitution for a sovereign nation. It lays out the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out citizens' fundamental rights and duties. A clause in the Indian Constitution refers to a specific provision or section within an article of the Constitution. These clauses outline various rights, duties, and powers of different entities, such as citizens, the government, and the judiciary. For example, Clause 2 of Article 16 states that there shall be no discrimination based on religion, race, caste, sex, descent, or place of birth in employment. Understanding the concept of a clause within the Indian Constitution is essential to grasp the specific details and provisions that make up the framework of India's legal and governmental system.
Characteristics and Values of a Clause in the Indian Constitution
| Characteristics | Values |
|---|---|
| Length | The Indian Constitution is the world's longest written national constitution for a sovereign nation, with about 145,000 words. |
| Amendments | It is the world's most frequently amended national governing document, with more than 100 amendments since its enactment. |
| Legal Supremacy | The Constitution is the supreme legal document of India, espousing constitutional supremacy over parliamentary supremacy. |
| Framework | It lays down the fundamental political code, structure, procedures, powers, and duties of government institutions, setting out fundamental rights, directive principles, and citizen duties. |
| Powers | The Constitution is specific in spelling out government powers, with many amendments addressing issues dealt with by statute in other democracies. |
| Flexibility | The absence of a provision to limit the powers of the parliament to amend the Constitution was addressed by the Supreme Court, which held that certain features are integral and cannot be removed. |
| Equality | Articles 14 and 16 promote equality and equality of opportunity, with Article 16(4) providing for the reservation of services for the backward class of citizens. |
| Judicial Interpretation | The word 'state' under Article 12 jurisprudence has evolved through various interpretations in the High Courts and the Supreme Court, influencing the application of Part-III of the Constitution. |
| Promotion of SCs and STs | The Eighty-fifth Amendment Act of 2002 added Clause 4A to Article 16, establishing reservations in promotions for Scheduled Castes and Scheduled Tribes. |
| Non-Discrimination | Clause 2 of Article 16 states that there shall be no discrimination in state employment based on religion, race, caste, sex, descent, or place of birth. |
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What You'll Learn
- The Constitution of India is the supreme legal document of India
- The Indian Constitution is the world's most frequently amended governing document
- The Indian Constitution is the longest written national constitution in the world
- The original 1950 constitution is preserved in a nitrogen-filled case in New Delhi
- The Indian Constitution does not contain a provision to limit the powers of Parliament to amend the constitution
The Constitution of India is the supreme legal document of India
The Indian Constitution is unique in that it provides for a single integrated system of courts to administer both Union and State laws, despite the adoption of a federal system. At the top of the judicial system is the Supreme Court of India, followed by the High Courts in each State or group of States. The Supreme Court's decisions are binding on all courts within the territory of India. The Constitution grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislation or government actions that violate it.
The Constitution is considered federal in nature and unitary in spirit. It has features of both a federation and a unitary state. As a federation, it includes a codified, supreme constitution, a three-tier governmental structure (central, state, and local), division of powers, bicameralism, and an independent judiciary. Its unitary features include a single constitution, single citizenship, an integrated judiciary, a flexible constitution, a strong central government, and appointment of state governors by the central government.
The Indian Constitution is also notable for being the world's most frequently amended national governing document, despite the supermajority requirement for amendments to pass. This is because it is very specific in spelling out government powers, so many amendments address issues that would be dealt with by statute in other democracies. The Constitution does not contain a provision to limit the powers of Parliament to amend it. However, the Supreme Court has ruled that certain features of the Constitution are so integral that they cannot be removed.
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The Indian Constitution is the world's most frequently amended governing document
The amendment procedure for the Indian Constitution varies depending on the type of changes required. For instance, the 105th Amendment Act of 2021 clarified that states could maintain their own lists of Other Backward Classes (OBCs). On the other hand, the 122nd Amendment introduced a significant change with the implementation of the Goods and Services Tax (GST).
The high number of amendments can be attributed to India's diverse and complex social, political, and economic landscape. With a vast population and varied cultural fabric, the country continually faces new challenges and issues that demand constitutional adjustments. The amendments are made to address emerging concerns, incorporate new perspectives, and ensure the Constitution remains relevant and responsive to the needs of its citizens.
The frequent amendments also reflect the Indian government's commitment to adaptability and inclusivity. They demonstrate a willingness to address issues affecting specific communities, such as the OBCs, and to implement economic reforms, such as the GST, to streamline the country's tax structure. This adaptability ensures that the Constitution remains a living document, capable of evolving with the nation's changing dynamics and aspirations.
While the Indian Constitution is the most frequently amended, it is important to note that other countries also regularly revise their governing documents to adapt to changing circumstances. The process of constitutional amendment allows nations to shape their legal frameworks and address the diverse needs and aspirations of their people. In the case of India, the high rate of amendments underscores the country's dynamic approach to governance and its commitment to a flexible and responsive legal system.
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The Indian Constitution is the longest written national constitution in the world
The constitution's length can be attributed to several factors. Firstly, India's diversity in language, race, religion, culture, and geography played a significant role. The constitution needed to accommodate the country's varied considerations. Additionally, the document was heavily influenced by legal professionals, resulting in a comprehensive text that incorporated all relevant legal aspects. The historical context, including the Government of India Act of 1935, also contributed to its length. The Act's provisions were incorporated, either directly or indirectly, into the constitution, forming the basis for its structural provisions.
The Indian Constitution is unique in its level of detail. It encompasses specific descriptions of the authorities held by the government, legislature, and judiciary. This level of specificity has resulted in frequent amendments to address issues that, in other democracies, would be dealt with by statute. The constitution's length has been a subject of criticism, with some questioning if its size is a weakness.
Despite being the longest, the Indian Constitution is not static. It has been amended numerous times, reflecting the country's evolving nature. The most recent changes were made on 1 July 2017, bringing the total number of amendments to 101 or 103, depending on the source. The constitution-making process was lengthy, taking nearly five years, and costing ₹6.3 crore.
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The original 1950 constitution is preserved in a nitrogen-filled case in New Delhi
The Indian Constitution, which came into force on 26 January 1950, is the world's longest for a sovereign nation. At its enactment, it contained 395 articles, 22 parts, and 8 schedules, totalling about 145,000 words. It has had more than 100 amendments since it was enacted. The original 1950 constitution is carefully preserved in a nitrogen-filled case at the Parliament Library Building in New Delhi.
The process of drafting the constitution took 2 years, 11 months, and 18 days, and cost ₹6.4 million. The constitution was drawn from a number of sources, including previous legislation such as the Government of India Acts of 1858, 1919, and 1935, and the Indian Independence Act of 1947. The constitution was also influenced by the Indian Councils Acts of 1861, 1892, and 1909.
The original constitution is hand-written, with each page decorated by artists from Shantiniketan, including Beohar Rammanohar Sinha and Nandalal Bose. The calligrapher was Prem Behari Narain Raizada. Two copies of the constitution were signed, one in Hindi and the other in English. The constitution was published in Dehradun and photolithographed by the Survey of India.
The Indian Constitution is a comprehensive document that outlines the country's laws, values, and principles. It includes provisions for the protection of the environment, the preservation of historical monuments, and the promotion of harmony among the diverse people of India. It also establishes the executive power of the Union, vesting it in the President, and outlines the process for impeaching the President.
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The Indian Constitution does not contain a provision to limit the powers of Parliament to amend the constitution
The Indian Constitution is the supreme legal document of India and the world's longest written national constitution. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions. It also sets out fundamental rights, directive principles, and the duties of citizens. Notably, the Indian Constitution does not contain a provision to limit the powers of Parliament to amend the Constitution.
The absence of a limiting provision means that Parliament can amend the Constitution any number of times, as long as it follows the specified procedure. This procedure, outlined in Article 368, requires a Bill to be introduced and passed in both Houses of Parliament with a majority of at least two-thirds of the members present and voting. After passing the Bill, it is presented to the President for assent, and upon receiving it, the Constitution is amended according to the terms of the Bill.
While there is no limit on the number of amendments Parliament can enact in a year, it must preserve the basic framework of the Constitution. This preservation of the "basic structure" of the Constitution was affirmed in the Kesavananda Bharati vs. The State of Kerala case, where the Supreme Court ruled that amendments must respect this fundamental aspect of the Constitution, and certain integral features cannot be altered. This ruling led to the development of the Basic Structure Doctrine, which allows the judiciary to check parliamentary power by declaring amendments null and void if they violate this doctrine.
Despite the absence of an explicit provision limiting Parliament's powers, there are still checks and balances in place. For example, the involvement of the States in the amendment process is necessary to protect their interests, as some amendments require the consent of half of India's states. Additionally, the Rajya Sabha, or the Council of States, where the states are represented, must also pass the amendment with a two-thirds majority, showcasing the significant impact of the states on national politics.
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Frequently asked questions
A clause is a specific provision within an article of the Indian Constitution. For example, Clause 2 of Article 16 states that there shall be no discrimination based on religion, race, caste, sex, descent, or place of birth in employment.
An article is a numbered section within the Indian Constitution, while a clause is a specific provision within an article. Articles are the building blocks of the Constitution, while clauses provide further detail and clarification on the principles outlined in the articles.
Certainly. One notable example is Clause (4) of Article 16, which provides for the reservation of services under the state in favour of the backward class of citizens. This clause was added to ensure equality and equality of opportunity in employment, which is the principle aim of Article 16.
It is difficult to determine the exact number of clauses in the Indian Constitution as the document is lengthy and complex. However, it is safe to assume that there are numerous clauses within the 395 articles of the Constitution.
