Omar Bennett
The Indian Constitution is the world's longest written constitution for a sovereign nation. It is a comprehensive and detailed document that serves as the supreme law of the Republic of India, providing a framework for the functioning of the government, the protection of individual liberties, and the maintenance of social order. It is the fundamental law of the land, embodying the values, principles, and governance framework of the country. The Constitution grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislations or government actions that violate it. It also ensures free and fair elections, equality before the law, and a secular state that recognizes freedom of conscience and religion. The Constitution of India is unique in that it espouses constitutional supremacy, was created by a Constituent Assembly, and has been amended 106 times since its enactment.
| Characteristics | Values |
|---|---|
| Lengthiest Written Constitution | 145,000 words, 470 articles, 12 schedules, 5 appendices |
| Drawn from Various Sources | Government of India Acts of 1919 and 1935, Indian Independence Act 1947, Indian Councils Acts of 1861, 1892 and 1909, etc. |
| Blend of Rigidity and Flexibility | Provides for three types of amendments ranging from simple to most difficult procedures |
| Espouses Constitutional Supremacy | Adopted with a declaration in its preamble |
| Federal System of Governance | Division of powers between the Union and the States |
| Parliamentary System of Government | Adopted from the British Parliamentary System |
| Sovereign, Democratic Republic | Sovereign Socialist Secular Democratic Republic |
| Safeguards Fundamental Rights | Grants all citizens Fundamental Rights |
| Emergency Provisions | Elaborates on emergency provisions to safeguard the sovereignty, unity, integrity and security of the country |
Explore related products
What You'll Learn
Longest written constitution
The Constitution of India is the lengthiest of all the written constitutions in the world. It is a very comprehensive and detailed document with about 145,000 words. Several factors have contributed to its lengthy size. Firstly, the need to accommodate the vast diversity of the country. Secondly, it serves as a single constitution for both the Centre and the States. Thirdly, the Constituent Assembly that drafted it included legal experts and luminaries.
The Constitution was composed between 1947 and 1950, and it has been amended many times since. The original text of the Constitution contained 395 articles in 22 parts and eight schedules. It came into effect on 26 January 1950, India's Republic Day. The number of articles has since increased to 448 due to 100 amendments. The Constitution has been amended 103 times in less than eight decades of the country's existence. In comparison, the American Constitution, written in 1787 and ratified in 1788, has been amended just 27 times.
The Constitution of India is the supreme law of the Republic of India. It lays down the framework for the country's political system, defining the powers and responsibilities of government institutions, and safeguarding fundamental rights. It is a set of rules and regulations that guide the administration of the country. The Constitution also outlines the principles of governance and provides for the protection of individual liberties and the maintenance of social order.
The Constitution of India is also notable for being drawn from a variety of sources. It borrowed most of its provisions from the Government of India Act of 1935 as well as from the constitutions of various other countries. The framers of the Constitution were mindful of India's needs and conditions, and they borrowed features of previous legislation such as the Government of India Acts of 1858, 1919 and 1935, the Indian Councils Acts of 1861, 1892 and 1909, and the Indian Independence Act of 1947.
Education in India: A Constitutional Right and Responsibility
You may want to see also
A blend of rigidity and flexibility
The Indian Constitution is a unique blend of rigidity and flexibility. It is classified as rigid because it requires a special procedure for its amendment, similar to the American Constitution. However, it also exhibits flexibility by providing for three types of amendments with varying levels of complexity, depending on the nature of the amendment. This combination of rigidity and flexibility is a key characteristic that distinguishes the Indian Constitution from others.
The process of amending the Indian Constitution is deliberately designed to be challenging. Amendments are additions, variations, or repeals of any part of the constitution by Parliament. An amendment bill must be passed by each house of Parliament with a two-thirds majority, and certain amendments related to the constitution's federal nature must also be ratified by a majority of state legislatures. This stringent process ensures that any changes to the constitution undergo rigorous scrutiny and deliberation.
Despite the supermajority requirement, the Indian Constitution is the world's most frequently amended national governing document, with 106 amendments as of September 2023. This frequency of amendments highlights the flexibility and adaptability of the constitution to evolving societal needs and circumstances. The ability to amend the constitution through ordinary legislative processes allows for the efficient incorporation of changes when required.
The Indian Constitution's blend of rigidity and flexibility is evident in its federal structure, which exhibits both federal and unitary characteristics. While it establishes a federal system of governance between the Union and the States, it also includes unitary features such as a strong Centre, a single Constitution, and the appointment of state governors by the Centre. This hybrid structure has been described as "federal in form but unitary in spirit," reflecting the complex and diverse nature of India's political system.
The Indian Constitution's unique blend of rigidity and flexibility is a testament to its adaptability and resilience. By combining elements of both constitutional types, it ensures that the nation's fundamental law can be amended when necessary while also maintaining a stable and consistent framework for governance. This balance contributes to the Indian Constitution's distinctiveness and effectiveness in guiding the country's political system.
Memorizing India's Constitution for Competitive Exam Success
You may want to see also
Drawn from various sources
The Indian Constitution is the world's longest written constitution for a sovereign nation. It is also the second-longest active constitution in the world, with 145,000 words. It is a very comprehensive and detailed document, which took almost three years to draft. The Constituent Assembly of India, elected by members of the provincial assemblies, was responsible for the constitution's general structure. The Assembly considered the historical perspective of Indian Nationalist struggles, the geographical diversity of India, and its traditional characteristics, which are unique to the nation. The Assembly also took inspiration from the constitutions of other countries, including the Government of India Acts of 1935, the Government of India Acts of 1858, 1919, the Indian Councils Acts of 1861, 1892 and 1909, the Indian Independence Act of 1947, the Australian Constitution, the South African Constitution, the German Constitution, and the Irish Constitution.
The Indian Constitution was also influenced by the parliamentary form of government in Great Britain, where the country is governed by a cabinet of ministers led by the Prime Minister. The Prime Minister is the head of the government, while the President is the nominal head of state. The Indian Constitution also adopted the concept of the rule of law, which states that everyone is equal before the law, even those who make it.
The Indian Constitution provides for five writs: Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo-Warranto. These writs are included in Articles 32 and 226 and allow the Supreme Court and High Courts to issue orders to ensure the Right to Constitutional Remedies. The Constitution also establishes a single citizenship, meaning that a person born or migrated to Indian Territory can enjoy the political and civil rights of India alone and cannot hold dual citizenship.
The Indian Constitution is a unique document that reflects the nation's collective journey toward democracy, justice, and equality. It serves as the supreme law of the land, providing a framework for the functioning of the government, the protection of individual liberties, and the maintenance of social order.
Who is the True Head of India's Constitution?
You may want to see also
Explore related products
$107.85 $139.99
Provides a framework for the functioning of the government
The Constitution of India is the supreme law of the Republic of India. It is the world's longest written constitution for a sovereign nation, with 448 articles, 12 schedules, and 5 appendices. It is a very comprehensive and detailed document, providing a framework for the functioning of the government, the protection of individual liberties, and the maintenance of social order.
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. It is a set of rules and regulations that guide the administration of the country. The Constitution is so specific in spelling out government powers that many amendments address issues typically dealt with by statute in other democracies.
The Constitution of India is unique in that it was created by a Constituent Assembly rather than Parliament. It replaced the Government of India Act 1935 as the country's fundamental governing document. The Constituent Assembly was established in 1946, and the final draft of the Constitution was passed by the Assembly on 26 November 1949. It became effective on 26 January 1950, marking India's transition from a dominion of the British Crown to a sovereign, democratic republic.
The Constitution of India is a blend of rigidity and flexibility. While it is the world's most frequently amended national governing document, certain features of the Constitution are protected by the Basic Structure' Doctrine, which states that certain aspects of the Constitution are so integral that they cannot be removed. Amendments to the Constitution must be passed by a two-thirds majority in each house of Parliament, with certain amendments pertaining to the Constitution's federal nature requiring ratification by a majority of state legislatures.
The Constitution of India establishes a federal system of governance between the Union and the States, with a separation of powers between the legislative, executive, and judicial organs of government. The judiciary plays a crucial role in safeguarding the fundamental rights of citizens and balancing the exercise of power between the central government and the states. The Constitution grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislation or government actions that violate the Constitution.
Religious Freedom: India's Constitutional Right and Reality
You may want to see also
Establishes a federal system of government
The Indian Constitution establishes a federal system of government, with a clear division of powers between the central government and the state governments. This division of powers is outlined in the Indian Constitution, which defines the powers and responsibilities of the central and regional governments and establishes a system of checks and balances to ensure that neither level of government becomes too powerful. This is achieved through a three-fold distribution of legislative power represented by three lists: the Union List, the State List, and the Concurrent List. These lists set out the various subjects on which Parliament and State Legislatures are empowered to make laws.
The Indian Constitution also provides for a single integrated system of courts to administer both Union and State laws. At the apex of the entire judicial system is the Supreme Court of India, followed by the High Courts in each State or group of States. The independence of the judiciary is part of the basic structure of the Indian Constitution, with the power to interpret the Constitution and resolve disputes between different levels of government. The Supreme Court's decisions are binding on all Courts within the territory of India.
The Indian model of federalism is called a quasi-federal system, as it contains major features of both a federation and a union. It is more tilted towards a unitary system of government, with more power vested in the Centre through the Union List. The Parliament can also make laws regarding certain subjects in the State List and can override the laws made by a state legislature on some matters. However, certain amendments pertaining to the constitution's federal nature must be ratified by a majority of state legislatures.
Federalism in India allows for more robust protection of individual and minority rights as state governments are better able to address the specific needs and concerns of their diverse populations and can tailor policies and legislation accordingly. It also provides for flexibility in the sharing of powers between central and regional governments, allowing for adjustments as circumstances change.
Understanding India's Constitution: National Emergency Powers
You may want to see also
Frequently asked questions
The Indian Constitution is the supreme law of the Republic of India. It is the fundamental law of the land, providing a framework for the functioning of the government, the protection of individual liberties, and the maintenance of social order. It is a set of rules and regulations that guide the administration of the country.
The Indian Constitution is the world's longest written constitution for a sovereign nation. It is a very comprehensive and detailed document with about 145,000 words and 470 articles. It is also one of the most frequently amended national governing documents, having been amended 106 times as of 2023.
The Indian Constitution was written by a Drafting Committee appointed by the Constituent Assembly, which was established in 1946. The committee took 166 days over two years to prepare the draft constitution, which was passed by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950.
