Malcolm Rivera
The Constitution of India is the supreme law of the Republic of India. It is the lengthiest written constitution in the world, with 395 articles in 22 parts and 8 schedules, totalling about 145,000 words. It was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950, replacing the Government of India Act 1935 as the country's fundamental governing document. The Constitution establishes India as a sovereign, socialist, secular, and democratic republic, and provides for a parliamentary form of government with a federal structure and certain unitary features. It lays down the framework for the country's political system, defining the powers and responsibilities of government institutions, safeguarding fundamental rights, and outlining the principles of governance.
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What You'll Learn
The Constitution of India is the supreme law of the Republic of India
The Constitution of India is a unique piece of work, borrowing provisions from various sources, including the Government of India Act of 1935 and the constitutions of other countries. It establishes a parliamentary system of government, opting for the British system over the American. It describes India as a 'Union of States', implying that the Indian Federation is not the result of an agreement by the states and that no state has the right to secede. The Constitution lays down the framework for the country's political system, defining the powers and responsibilities of government institutions, and outlining the principles of governance.
The Indian Constitution is neither rigid nor flexible but a blend of both. Certain provisions are difficult to change and require a two-thirds majority vote in both houses of Parliament and ratification by half of the state legislatures. On the other hand, some provisions can be amended by a simple majority vote in Parliament. The Constitution also includes affirmative action, providing special protections for historically marginalised groups, such as scheduled castes and tribes, and other backward classes.
The Constitution of India is an important document for UPSC aspirants as it gives an idea of the topics important for the UPSC exam. It is also essential because, as future civil servants, they will have to work within the confines of the Constitution.
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It is the lengthiest written constitution in the world
The Constitution of India is the lengthiest written constitution in the world, with 145,000 words in its English-language version. In comparison, the US Constitution has only 4,400 words. The Indian Constitution has been amended 103 times since its creation, while the American Constitution has only been amended 27 times.
The length of the Indian Constitution can be attributed to several factors, including the need to accommodate the vast diversity of the country, the presence of legal experts in the Constituent Assembly, and the influence of the Government of India Act of 1935, which was bulky. The Indian Constitution is also unique in that it is a synthesis of both parliamentary sovereignty and judicial supremacy, borrowing from the British and American principles of government.
The Constitution of India serves as the supreme law of the Republic of India, providing a framework for the country's political system and defining the powers and responsibilities of government institutions. It establishes the rules by which the country is governed and guarantees that the authority of the state is distributed among various entities and persons, protecting citizens' rights. It is a comprehensive, elaborate, and detailed document, consisting of a preamble, articles divided into parts, schedules, and appendices.
The Constitution of India has been described as "federal in form but unitary in spirit," reflecting the nation's collective journey toward democracy, justice, and equality. It establishes a parliamentary system at both the Centre and the states, opting for the British Parliamentary System of Government over the American Presidential System. The Constitution of India is not a rigid constitution but a blend of rigidity and flexibility, allowing for amendments by the Parliament following specific rules.
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It is a blend of rigidity and flexibility
The Constitution of India is the supreme law of the Republic of India. It is the world's lengthiest and most detailed written constitution. It lays down the framework for the country's political system, defining the powers and responsibilities of government institutions, and safeguarding the fundamental rights and duties of its citizens.
The Constitution of India is a blend of rigidity and flexibility. It is not a rigid constitution as it can be amended by Parliament following a few rules. However, it is also not completely flexible. It is a unique agreement of both the theory of fundamental law of the US Constitution and the theory of Parliamentary sovereignty of the unwritten constitution of the UK. India chose this middle path to allow the new nation to grow smoothly by accommodating changes.
The Constitution can be amended in three ways: The Parliament can alter or modify many of the laws of the Constitution by a simple majority, as is required for ordinary legislations. For example, the Parliament can deal with the abolition or creation of Legislative Councils (Article 169). The Parliament can also change the names, boundaries, areas, etc., of States through a simple majority; these changes don't even need to be done via a Constitutional Amendment Bill. These are examples of the most flexible provisions of the Constitution.
The Constitution is "absolutely rigid" in that it makes clear that Parliament cannot use its power to amend the Constitution to alter, distort, or damage in any way the basic characteristics and principles of the Constitution. The list of these characteristics itself is evolving with time and includes democracy, secularism, the republic nature, and the independence of the judiciary.
The Constitution of India has borrowed most of its provisions from the Government of India Act of 1935, as well as from the constitutions of various other countries.
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It establishes a parliamentary system of government
The Constitution of India is the supreme law of the Republic of India. It establishes a parliamentary system of government, opting for the British system over the American Presidential System. The Indian State has an elected head, while the British State has a hereditary head. The Constitution establishes the parliamentary system at the Centre and in the states.
The Constitution of India is the lengthiest of all the written constitutions in the world. It is a very comprehensive, elaborate, and detailed document. It is unique in both spirit and content, despite borrowing provisions from various sources, including the Government of India Act of 1935 and the constitutions of other countries. The Constitution has been amended several times, including the 7th, 42nd, 44th, 73rd, and 74th Amendments.
The Constitution of India serves as the fundamental set of principles according to which the state is governed. It outlines the organisation, powers, and limits of government institutions, as well as the rights and duties of citizens. It provides a framework for the functioning of the government, the protection of individual liberties, and the maintenance of social order. The preamble of the Constitution declares that it was adopted and enacted by the people of India, who are the custodians of the republic.
The Constitution establishes a synthesis of parliamentary sovereignty and judicial supremacy. While the doctrine of sovereignty is associated with the British Parliament, the principle of judicial supremacy is associated with the American Supreme Court. The Indian Constitution provides for 'procedure established by law' against the 'due process of law' in the American Constitution. The Supreme Court can declare parliamentary laws as unconstitutional through its power of judicial review, while the Parliament can amend the Constitution through its constituent power.
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It is drafted by borrowing provisions from various sources
The Indian Constitution is the world's longest written constitution, comprising 448 articles, a preamble, and 12 schedules. It is a unique document drafted by the Constituent Assembly of India, which took three years of hard work and drew from various sources. The Constituent Assembly assessed many constitutions and adopted provisions that best applied to India's diversity.
The Indian Constitution borrowed features from the Government of India Act 1935, which included the idea of a single constitution for both the centre and the states. The Act also first mentioned the 12 schedules in the Indian Constitution. The Indian Constitution also borrowed the idea of the impeachment of the President through legislative procedures from Article 61.
The Directive Principles of State Policy (DSPS) were borrowed from the Irish Constitution, while the idea of suspending fundamental rights during an emergency was taken from the Soviet Constitution. The provision for the appointment of State governors by the Centre and the advisory jurisdiction of the Supreme Court was borrowed from the Canadian Constitution. The idea of Freedom of Trade and Commerce within the country and between the states was lent by the Australian Constitution.
The Indian Constitution also borrowed from the French Constitution, adopting the idea of fraternity and the recognition of the Indian state as the 'Republic of India'. The American Constitution provided for 'due process of law' against the 'procedure established by law' contained in the Indian Constitution (Article 21). The Indian Constitution also preferred a synthesis between the British principle of parliamentary sovereignty and the American principle of judicial supremacy.
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Frequently asked questions
The Constitution of India is the supreme law of the Republic of India. It is the lengthiest written constitution in the world, consisting of 448-470 articles, 22-25 parts, 12 schedules, and 105 amendments. It outlines the framework for the country's political system, defining the powers and responsibilities of government institutions, and the rights and duties of citizens.
The Constitution of India is unique in both spirit and content. It is a blend of rigidity and flexibility, with some provisions requiring a two-thirds majority in Parliament to be amended, while others can be amended by a simple majority. It establishes a parliamentary system of government, with an elected head of state. It incorporates provisions from various sources, including the Government of India Act of 1935 and the constitutions of other countries. It also includes affirmative action, providing special protections for historically marginalised groups.
The length of the Constitution of India is due to several factors, including the need to accommodate the country's vast diversity, the presence of legal experts in the Constituent Assembly, and the incorporation of provisions from various sources.
The Constitution of India was adopted by the Constituent Assembly on 26 November 1949, known as the "Date of Adoption". However, most provisions of the Constitution came into force on 26 January 1950, making India a sovereign republic.
