Omar Bennett
The Indian Constitution is the world's longest written constitution for a sovereign nation. It is the supreme legal document of India, laying down the framework for the country's political code, structure, procedures, powers, and duties of government institutions, and setting out the fundamental rights and duties of citizens. The history of the Indian Constitution can be traced back to various regulations and acts passed during British rule in India, which lasted from 1858 to 1947. After independence, a Constituent Assembly was elected to draft the constitution, which came into force on 26 January 1950, and has since been amended over 100 times.
| Characteristics | Values |
|---|---|
| Date of adoption | 26 November 1949 |
| Date of coming into force | 26 January 1950 |
| Length | 145,000 words |
| Number of articles | 395 |
| Number of appendices | 10 |
| Number of schedules | 8 |
| Number of parts | 22 |
| Number of amendments | More than 100 |
| Type of government | Parliamentary |
| System of government | Federal |
| Constitutional head of the Executive of the Union | President |
| Council of Parliament of the Union | President, Council of States (Rajya Sabha), House of the People (Lok Sabha) |
| Council of Ministers | Prime Minister as head |
| Previous legislation | Government of India Acts 1858, Indian Councils Acts of 1861, 1892 and 1909, Government of India Acts 1919 and 1935, Indian Independence Act 1947 |
| Father of the Constitution | Dr B.R. Ambedkar |
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What You'll Learn
The Indian Constitution is the world's longest for a sovereign nation
The Indian Constitution is the supreme legal document of India and the longest written national constitution in the world for a sovereign nation. At about 145,000 words, it is the second-longest active constitution in the world after the Constitution of Alabama. The US Constitution, in contrast, has only 4,400 words.
The Constitution of India was composed between 1947 and 1950 and came into effect on 26 January 1950, the day celebrated annually in India as Republic Day. The original 1950 constitution is preserved in a nitrogen-filled case at the Parliament Library Building in New Delhi. Two copies of the Indian Constitution were handwritten, one in English and one in Hindi. They are currently kept in helium-filled cases in the library of the Parliament House.
The Constitution of India was drawn from a number of sources. Its framers 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. The Constitution was drafted by the 389-member Constituent Assembly, which was elected by the members of the provincial assemblies. The Constituent Assembly took almost three years to draft the Constitution, holding eleven sessions over a 165-day period.
The Indian Constitution has been amended over 100 times since it was enacted, making it the world's most frequently amended national governing document. The Constitution is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies.
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It was influenced by British-era legislation
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 down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out the fundamental rights and duties of citizens.
The Indian Constitution was influenced by British-era legislation, including the Regulating Act of 1773, which was the first instance of the British Parliament regulating the affairs of the East India Company. The Act established the Governor of Bengal as the Governor-General of Bengal (Warren Hastings), created an Executive Council of the Governor-General with four members, centralised the administration of the Presidencies of Madras and Bombay under the Bengal Presidency, and established the Supreme Court at Calcutta as the Apex Court.
Another key piece of British-era legislation that influenced the Indian Constitution was the Charter Act of 1853, which opened the Indian Civil Service to recruit officers for administration through open competition. After the 1857 revolt, the rule of the company was ended, and the British possessions in India came under the direct rule of the British Crown. The office of the Secretary of State for India was created, assisted by a 15-member Council of India. The Indian administration was under his authority, and the Governor-General was designated the Viceroy.
The Indian Councils Act of 1861, also known as the Act for the Good Government of India, was significant in the development of the Indian Constitution. This Act empowered the Viceroy to issue ordinances without the concurrence of the legislative council in cases of emergency, and these ordinances had a life of six months. This provision later found a place in Article 123 of the Indian Constitution. The Indian Councils Act of 1861 also marked the beginning of the Cabinet system in India.
The Indian Councils Act of 1892 introduced the Parliamentary system to India, and the Indian Councils Act of 1909, also known as the Morley-Minto Reforms, was a British tactic to appease moderates within the Indian National Congress. This Act accepted some demands of moderates without conceding to extremists, as the moderates sought dominion status through constitutional means, while extremists sought complete independence.
The Government of India Act of 1919, or Montague-Chelmsford Reforms, was another important piece of legislation that contributed to the Indian Constitution. This Act initiated the process of separating central and provincial subjects, which is reflected in the 7th schedule of the Indian Constitution, classifying subjects into the Union List, State List, and Concurrent List. The 1919 Act also introduced the bicameral system of an upper and lower house and gave voting rights to women with a certain income threshold, although they were not allowed to contest elections. This Act also established the office of Speaker and Deputy Speaker and introduced the rule of allocating the first hour of every parliamentary meeting to asking questions, a practice that continues today.
The Government of India Act of 1935, drafted by Samuel Hoare, was significant in making the constitution for two newborn countries, India and Pakistan. This Act provided the framework for the fundamental governing document of India and was replaced by the Indian Constitution when it came into effect in 1950.
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It was drafted by a Constituent Assembly
The Indian Constitution was drafted by a Constituent Assembly, which was indirectly elected by the provincial legislatures. The Assembly comprised 278 representatives and 15 women, with the Congress Party holding the majority. Other parties represented in the Constituent Assembly included the Muslim League, the Scheduled Caste Federation, the Indian Communist Party, and the Union Party.
The Constituent Assembly first convened in December 1946 and approved the draft constitution by November 1949. The final session of the assembly was held on 24 January 1950, with each member signing two copies of the constitution, one in Hindi and the other in English. The original constitution is hand-written, with each page decorated by artists from Shantiniketan, and its calligrapher was Prem Behari Narain Raizada. The constitution was then published in Dehradun and photolithographed by the Survey of India.
The Constituent Assembly played a crucial role in the transition of India from a dominion of the British Crown to a sovereign, democratic republic. The constitution provided for a parliamentary form of government, with a federal structure and certain unitary features. It established the position of the President as the constitutional head of the Executive of the Union. Additionally, it outlined the composition of the Parliament of the Union, consisting of the President, the Council of States (Rajya Sabha), and the House of the People (Lok Sabha).
The Constituent Assembly is estimated to have cost ₹6.3 crore, and the resulting constitution is the world's longest for a sovereign nation, with about 145,000 words in its original form. The Indian Constitution has been amended numerous times since its enactment and is one of the world's most frequently amended national governing documents.
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It has been amended over 100 times
The Indian Constitution is the world's most frequently amended national governing document, having been amended over 100 times since it was enacted in 1950. It is the world's longest written constitution for a sovereign nation, with 395 articles in 22 parts and 8 schedules (or 10 appendices, according to another source).
The Constitution is so specific in spelling out government powers that many amendments address issues that would be dealt with by statute in other democracies. Despite the supermajority requirement for amendments to pass, the Constitution does not contain a provision to limit the powers of Parliament to amend it. However, the Supreme Court has held that there are certain integral features of the Constitution that could never be cut out.
The process of amending the Constitution begins with the introduction of a Bill in either house of Parliament. A majority of the total membership of that house, as well as a majority of at least two-thirds of members present and voting, must approve the Bill. The Bill is then sent to the other house, where the same procedure is followed. If the other house passes the Bill without amendment, it is sent to the President for their assent. If the house does amend the Bill, it is sent back to the originating house. If the originating house then passes the Bill with a majority of the total membership and a two-thirds majority of members present and voting, it is sent to the President for assent.
The most recent amendment to the Constitution is the 104th Amendment, which extended by ten years the deadline for the cessation of reservation of seats in the Lok Sabha and state legislative assemblies for members of Scheduled Castes and Scheduled Tribes.
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It establishes a federal system with a parliamentary form of government
The Indian Constitution is the supreme legal document of India and is the world's longest written national constitution for a sovereign nation. It establishes a federal system with a parliamentary form of government, with power ultimately resting in the hands of its citizens, who are able to elect their representatives.
The Constitution of India is federal in structure with certain unitary features. It establishes a parliamentary system of government, with the President as the constitutional head of the Executive of the Union. The President exercises his or her functions in accordance with the advice of the Prime Minister, who heads the Council of Ministers. The Council of Ministers aids and advises the President.
The Parliament of the Union consists of two houses: the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). This bicameral legislature is similar to the imperial legislative council established by the Government of India Act 1858.
The Constitution of India was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950. It was drawn from a number of sources, including previous legislation such as the Indian Independence Act 1947, the Government of India Acts of 1919 and 1935, and the Indian Councils Acts of 1861, 1892 and 1909.
The Indian Constitution has been amended over 100 times since it was enacted, making it one of the most frequently amended national governing documents in the world. The Constitution is so specific in spelling out government powers that many amendments address issues typically dealt with by statute in other democracies.
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Frequently asked questions
The Indian Constitution is the supreme legal document of India and is the world's longest written constitution for a sovereign nation. It lays out the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens.
India was under British rule from 1858 to 1947. In 1946, the British decided to examine the possibility of granting independence to India, and a British cabinet mission was sent to India to discuss the framework for writing a constitution. India officially gained independence from the British Empire in 1947, and the Indian Constitution came into effect on 26 January 1950.
The Constituent Assembly, comprising 278 representatives and 15 women, was elected by the provincial legislatures. The 389-member assembly (reduced to 299 after the partition of India) took almost three years to draft the constitution, holding eleven sessions over a 165-day period. The father of the Indian Constitution is widely regarded as Dr. B.R. Ambedkar, who chaired the Constitution Drafting Committee.
The Indian Constitution was influenced by previous legislation such as the Government of India Acts of 1858, 1919, and 1935, the Indian Councils Acts of 1861, 1892, and 1909, the Indian Independence Act of 1947, and the Regulating Act of 1773. The Constitution borrowed features from these acts while being mindful of India's unique needs and conditions.
The Indian Constitution is notable for its espousal of constitutional supremacy, meaning that it was created by a constituent assembly rather than Parliament. It is also one of the world's longest constitutions, with about 145,000 words, and has had more than 100 amendments since its enactment.
