Omar Bennett
The Indian Constitution is the longest written constitution in the world, with 395 articles, 12 schedules, and a book of more than 250 pages. It is unique in its blend of rigidity and flexibility, with some articles easily amended by a simple majority, and others requiring a two-thirds majority in both houses of Parliament and ratification by half of the state legislatures. The Constitution has two sets of government, with a division of powers between the Centre and the States, and an independent judiciary. It is federal in structure but unitary in spirit, with the power to transform from a federal to a unitary system during an emergency. The Indian Constitution provides fundamental rights to its citizens and establishes a welfare state, with directive principles of state policy.
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What You'll Learn
The Indian Constitution is the longest written constitution in the world
The length of the Indian Constitution can be attributed to several factors. Firstly, India's vast geography and cultural diversity required a comprehensive constitution. Secondly, the influence of the Government of India Act of 1935, which was a lengthy document, also contributed to the size of the Indian Constitution. Approximately 250 provisions of the 1935 Act were incorporated into the Indian Constitution. Additionally, the Indian Constitution includes detailed administrative provisions, fundamental principles of governance, and both justiciable and non-justiciable rights.
The Indian Constitution establishes a federal system of government with a division of powers between the Centre and the States. It incorporates the experiences of leading constitutions from around the world, including about 250 provisions borrowed from the Government of India Act of 1935. The constitution prescribes a framework for both the union and the states, detailing their relationship and including fundamental rights and directive principles of state policy. This blend of influences and detailed provisions contributes to the length of the document.
The Indian Constitution is also notable for its emergency provisions, which allow for the transformation of the political system from federal to unitary during times of emergency. This ensures the sovereignty, unity, integrity, security, and democratic nature of the country are safeguarded. The constitution further provides for three types of amendments, ranging from simple to most difficult procedures, depending on the nature of the changes required. These factors contribute to the comprehensive nature of the Indian Constitution, making it the longest written constitution globally.
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It is a unique blend of rigidity and flexibility
The Indian Constitution is a unique blend of rigidity and flexibility. It is the lengthiest written constitution in the world, with 395 articles, 12 schedules, and a book of more than 250 pages. It is a compilation of various sources and influences, reflecting the diverse experiences and aspirations of the Indian people. The constitution incorporates the experience of all leading constitutions and prescribes a constitution for the union as well as the states. It contains not only the fundamental principles of governance but also detailed administrative provisions.
The constitution provides for three types of amendments, ranging from simple to most difficult procedures, depending on the nature of the amendment. The rigid provisions, such as the federal distribution of power, can only be amended with a special procedure requiring a two-thirds majority vote in both houses of Parliament and ratification by half of the state legislatures. This is to ensure the protection of the basic structure and essential character of the constitution. On the other hand, flexible provisions, such as administrative and economic provisions, can be amended by a simple majority vote in Parliament.
The Indian Constitution is federal in structure but unitary in spirit. It establishes a federal system of government with two sets of governments and a division of powers between the Centre and the States. During normal times, the system functions as a federation, but during an emergency, it transforms into a unitary system, with the central government becoming all-powerful and the states falling under its total control. This unique feature of the Indian Constitution allows for the preservation of the sovereignty, unity, integrity, and security of the country during extraordinary times.
The Constitution of India also provides Indian citizens with fundamental rights and directive principles of state policy. It includes both justiciable and non-justiciable rights, reflecting the diverse nature of the country. The flexibility of the Constitution allows it to be amended frequently to meet the changing needs of the country and its people.
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It is federal in structure but unitary in spirit
The Indian Constitution is a unique example of a combination of rigidity and flexibility. It establishes a federal system of government, with all the usual features of a federation, such as two governments, division of powers, a written constitution, the supremacy of the constitution, the rigidity of the constitution, and an independent judiciary. However, it has been described as "federal in form but unitary in spirit" or "quasi-federal". This is because, although the Indian Constitution clearly divides the government into three organs that function separately and have their own powers (the legislative, executive, and judiciary), the objective of all these organs remains the same. There is a separation of powers, but a system of checks and balances is also in place.
The Indian Constitution is the supreme law of the country and is the largest written constitution in the world. It contains not only the fundamental principles of governance but also detailed administrative provisions. It borrows most of its provisions from the constitutions of various other countries, as well as from the Government of India Act of 1935 (around 250 provisions of the 1935 Act are included in the Constitution). The Constitution of India has opted for the British Parliamentary System of Government, which is based on the principle of cooperation and coordination between the legislative and executive organs, rather than the American Presidential system of government, which is based on the doctrine of separation of powers.
The Indian Constitution is not fully federal. It is federal in form and unitary in spirit, meaning that both the central and state governments have their own powers. While the state governments govern their states, the central government can dismiss the state government under Article 353. No state has the right to secede from the federation. During an emergency, the central government becomes all-powerful, and the states go into total control of the centre. This kind of transformation of the political system from federal to unitary is a unique feature of the Indian Constitution.
The factors that contributed to the size of the Indian Constitution include geographical factors, such as the vastness and diversity of the country, and historical factors, such as the influence of the Government of India Act of 1935, which was bulky. The Constitution of India is a single constitution for both the Centre and the states. It includes both justiciable and non-justiciable rights.
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It has borrowed provisions from various other constitutions
The Indian Constitution is the longest written constitution in the world, with 395 articles, 12 schedules, and a book of more than 250 pages. It is a unique blend of rigidity and flexibility, borrowing provisions from various other constitutions, including the Government of India Act of 1935 (around 250 provisions from this Act were included). The constitution's framers proudly proclaimed that it was created after "ransacking all the known Constitutions of the world".
The Indian Constitution has a unique quasi-federal setup, described as "federal in form but unitary in spirit". It has a written set of rules and regulations, providing Indian citizens with fundamental rights and directive principles of state policy. It establishes a federal system of government, with two sets of government and a division of powers between the Centre and the States, as well as an independent judiciary.
The Constitution of India opted for the British Parliamentary System of Government, which is based on the principle of cooperation and coordination between the legislative and executive organs. This is in contrast to the American Presidential system, which is based on the separation of powers between these two branches. The parliamentary system is also known as the Westminster model of government.
The Indian Constitution has three types of amendments, ranging from simple to most difficult procedures, depending on the nature of the amendment. Some articles can be amended by a simple majority, while others require a two-thirds majority in Parliament and voting in each house, as well as ratification by at least half of the state legislature. This combination of rigidity and flexibility is unique and reflects the diverse experiences and aspirations of the Indian people.
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It includes both justiciable and non-justiciable rights
The Indian Constitution is a unique blend of both rigid and flexible elements. It is the lengthiest written constitution in the world, with 395 articles, 12 schedules, and a book of more than 250 pages. The constitution incorporates the experiences of various leading constitutions and reflects the diverse experiences and aspirations of the Indian people. It includes fundamental principles of governance, detailed administrative provisions, and both justiciable and non-justiciable rights.
Justiciable rights are those that can be enforced or challenged in a court of law. They are legally enforceable and can be used to hold the government accountable. The Indian Constitution includes justiciable rights in the form of fundamental rights, which serve as a critical tool for its citizens to protect their liberties and seek redressal when their rights are violated. These fundamental rights encompass a range of civil and political rights, such as the right to equality, freedom of speech and expression, and the right to life and personal liberty. The inclusion of these justiciable rights empowers individuals to approach the judiciary and seek justice if their rights are infringed upon by the state or any other entity.
On the other hand, non-justiciable rights, also known as Directive Principles of State Policy, are guidelines for the government to follow in formulating policies and laws. They serve as instructions to the state to ensure the welfare of its citizens and promote specific social and economic goals. While these rights are not legally enforceable in a court of law, they play a crucial role in shaping the governance of the country. Examples of non-justiciable rights in the Indian Constitution include directives related to economic and social policy, such as the promotion of equitable distribution of resources, the protection of public health, and the provision of free and compulsory education for children.
The inclusion of both justiciable and non-justiciable rights in the Indian Constitution reflects a comprehensive approach to governance. The justiciable rights empower individuals by providing legal recourse, while the non-justiciable rights guide the state in its policy-making process, ensuring that it works towards the welfare and betterment of its citizens. This combination of rights helps maintain a balance between individual liberties and societal goals, contributing to the unique nature of the Indian Constitution.
Furthermore, the Indian Constitution's blend of rigidity and flexibility extends beyond just the inclusion of justiciable and non-justiciable rights. It also pertains to the procedures for amending the constitution. Certain provisions of the constitution are rigid, requiring a special procedure for amendment, such as a two-thirds majority vote in both houses of Parliament and ratification by half of the state legislatures. These rigid provisions include fundamental principles like the federal distribution of power. On the other hand, flexible provisions can be amended by a simple majority vote in Parliament and include administrative and economic provisions. This unique combination of rigidity and flexibility allows the Indian Constitution to adapt to changing circumstances while preserving its fundamental structure.
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Frequently asked questions
The Indian Constitution is the longest written constitution in the world, with 395 articles, 12 schedules, and over 250 pages. It is a unique blend of rigidity and flexibility, borrowing from various other constitutions.
The Indian Constitution incorporates the experiences of all leading constitutions. It includes fundamental principles of governance, detailed administrative provisions, and both justiciable and non-justiciable rights. About 250 provisions were borrowed from the Government of India Act of 1935.
The Indian Constitution is a unique combination of rigidity and flexibility. It provides for three types of amendments, from simple to most difficult, depending on the nature of the amendment. Rigid provisions, such as federal distribution of power, require a two-thirds majority vote in both houses of Parliament and ratification by at least half of the state legislatures. Flexible provisions, such as administrative and economic provisions, can be amended by a simple majority vote in Parliament.
The Indian Constitution includes emergency provisions to safeguard the sovereignty, unity, integrity, and security of the country, the democratic political system, and the Constitution itself. During an emergency, the political system transforms from federal to unitary, with the central government becoming all-powerful and the states falling under its total control.
