Jonah Patel
The Indian Constitution is unique in that it is the world's longest written constitutional document and its legitimacy has never been questioned by a large number of social groups or political parties. This is particularly unusual when compared to other countries, which tend to change their constitutions as needed. The Indian Constitution includes guidelines for governance, ensuring the state promotes social welfare, justice, and equality. It also establishes a quasi-federal structure, balancing power between the central government and states, and guarantees an independent judiciary.
| Characteristics | Values |
|---|---|
| Length | The Indian Constitution is the longest written constitution in the world, containing 22 parts, 395 articles, and 8 schedules |
| Consensus | No major social organisation or political party has ever questioned the constitution's legitimacy in the recent half-century |
| Balance | The Constitution strikes a balance between rigidity and flexibility, allowing for amendments through a well-defined process |
| Parliamentary Sovereignty | India adopted a parliamentary system, where the Council of Ministers is responsible to the Lok Sabha (House of the People) |
| Fundamental Rights and Duties | The Constitution enshrines a comprehensive list of Fundamental Rights and Fundamental Duties |
| Directive Principles of State Policy | The Constitution includes guidelines for governance, ensuring the state promotes social welfare, justice, and equality |
| Secularism and Universal Adult Franchise | India adopted secularism and universal adult franchise, granting equal rights to all citizens regardless of religion, caste, or gender |
| Independent Judiciary | The Constitution ensures an independent judiciary, with the Supreme Court as the highest court |
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What You'll Learn
Longest written constitution
The Indian Constitution is the longest written constitution of any sovereign state in the world. It is also one of the most comprehensive, containing 22 parts, 395 articles, and 8 schedules. The number of articles has since increased to 448 due to 100 amendments.
The constitution was composed between 1947 and 1950, and it came into effect on 26 January 1950, the day India celebrates as Republic Day. The constitution has been amended over 100 times since its enactment. By contrast, the American Constitution, written in 1787 and ratified in 1788, has been amended just 27 times.
The original text of the Indian Constitution was handwritten, with each page decorated by artists from Shantiniketan, including Beohar Rammanohar Sinha and Nandalal Bose. Its calligrapher was Prem Behari Narain Raizada. Two copies of the constitution were made, one in English and one in Hindi. They are currently kept in helium-filled cases in the library of the Parliament House.
The constitution lays down the framework that demarcates 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.
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Legitimacy never questioned
The Indian Constitution is unique in that its legitimacy has never been questioned by a large number of social groups or political parties. This is despite the fact that core laws are not always embraced by all major social groups or political parties, and constitutions in other countries have had to be revised as a result.
The Indian Constitution is the result of a well-organised, accessible, and agreeable process. The Constituent Assembly was elected by the Indian people, and it represented a broad range of linguistic groups, classes, organisations, denominations, and ownership in broad terms. It also ensured a geographically balanced representation of members from all parts of the country.
The Constitution encapsulates a widespread consensus at the time, and its fundamental beliefs were acknowledged and agreed upon. This is a notable achievement, as it allowed for the creation of a comprehensive and dynamic document that has endured without widespread challenge.
The Constitution's endurance is made more remarkable when compared to other countries, where constitutions are often changed as needed. The Indian Constitution, on the other hand, remains in use today as it was at the time of its preparation. This stability is a testament to the legitimacy of the document and the process by which it was created.
In summary, the Indian Constitution's legitimacy is an unusual achievement, as it represents a broad consensus and has endured without widespread challenge. This stability contributes to the country's governance and society, shaping India's development and path.
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Secularism and universal adult franchise
The Indian Constitution is unique in its adoption of secularism and universal adult franchise, granting equal rights to all citizens regardless of religion, caste, or gender. This was a significant departure from colonial practices and a bold move towards democracy. The Constitution's deliberate adoption of single citizenship for the whole of India, rather than dual citizenship, further demonstrates its commitment to a secular and unified nation.
The Universal Adult Franchise allows all adult citizens, regardless of their background or identity, to participate in elections and choose their representatives through voting. This franchise is derived from the French word "franc," meaning "freedom," and it is a fundamental aspect of electoral democracy. The Indian Constitution's establishment of universal adult suffrage as the foundation for elections to the Lok Sabha and legislative assemblies was a crucial step towards equality and the elimination of discrimination.
The right to vote is granted to all citizens who are 18 years of age or older, except for those disqualified by the Constitution or other laws due to non-residence, an unsound mind, a criminal record, or corrupt or illegal practices. This inclusive approach to suffrage is a great expression of faith in the people and the principle of democracy, and it is hoped that it will lead to the consolidation of the Indian nation.
The Indian Constitution's blend of rigidity and flexibility is also notable, allowing for amendments through a well-defined process. This flexibility is evident in the absence of detailed laws regarding citizenship, leaving it to Parliament to frame such laws as needed. Additionally, the Constitution includes guidelines for governance, ensuring the state promotes social welfare, justice, and equality through its Directive Principles of State Policy.
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Independent judiciary
The Indian Constitution ensures an independent judiciary, with the Supreme Court as the highest court. This achievement makes the Indian Constitution a unique and dynamic document, shaping the country's governance and society.
The independence of the judiciary is a fundamental principle of the Indian Constitution and is essential for the maintenance of the rule of law and the protection of fundamental rights and freedoms. The Indian Constitution establishes a clear separation of powers between the executive, legislative, and judicial branches of government, with the judiciary being independent of both the executive and legislative branches.
The Supreme Court of India is the highest judicial authority in the country and is responsible for interpreting the Constitution and ensuring that the laws of the land are in accordance with it. The Supreme Court also has the power to review and strike down laws that are found to be unconstitutional. As the final arbiter of the law, the Supreme Court plays a crucial role in safeguarding the rights and liberties of the Indian people.
The independence of the judiciary is further strengthened by the appointment process of judges. In India, judges are appointed by the President, in consultation with the judiciary itself, particularly the Chief Justice of India. This process ensures that the executive branch cannot unilaterally appoint judges who may be favourable to their interests, thus preserving the impartiality and independence of the judiciary.
The Indian Constitution's provision for an independent judiciary is a significant achievement, as it ensures that the judicial system is free from political interference and can function impartially and effectively. This independence allows the judiciary to act as a check on the powers of the executive and legislative branches, holding them accountable to the principles enshrined in the Constitution.
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Fundamental rights and duties
The Indian Constitution is an extensive document that outlines the country's governance and societal norms. One of its notable achievements is the inclusion of Fundamental Rights and Duties, which are essential for the development and protection of human dignity.
Fundamental Rights are the entitlements that individuals possess by virtue of being citizens of India. These rights are enshrined in the Constitution and provide a framework for legal protection. The Fundamental Rights in the Indian Constitution are influenced by the Bill of Rights in the United States and are broadly classified into six categories:
- Right to Equality
- Right to Freedom
- Right against Exploitation
- Right to Freedom of Religion
- Cultural and Educational Rights
- Right to Constitutional Remedies
The Right to Constitutional Remedies is considered the most important as it ensures the protection of all other fundamental rights. Articles 32-35 of the Constitution outline the Right to Constitutional Remedies, allowing citizens to approach the Supreme Court or the High Court to implement their fundamental rights.
Fundamental Duties, on the other hand, are the responsibilities that citizens have towards their country and fellow citizens. These duties were added to the Constitution in 1976 by the 42nd Amendment Act, proposed by the Swaran Singh Committee, which was formed by Indira Gandhi. There are currently 11 Fundamental Duties outlined in Article 51A of the Constitution, including the obligation to:
- Abide by the Constitution and respect its ideals and institutions, the National Anthem, and the National Flag
- Protect and uphold the unity, sovereignty, and integrity of India
- Defend the country and render national service when required
- Promote harmony and the spirit of brotherhood amongst all Indians
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Frequently asked questions
The Indian Constitution is the world's longest written constitution and has never had its legitimacy questioned by a large number of social groups or political parties.
The Constitution strikes a balance between rigidity and flexibility, allowing for amendments through a well-defined process.
The Constitution includes guidelines for governance, ensuring the state promotes social welfare, justice, and equality. It also ensures an independent judiciary, with the Supreme Court as the highest court.
India adopted secularism and universal adult franchise, granting equal rights to all citizens regardless of religion, caste, or gender.
