Simone Lawson
The Constitution of India is the supreme legal document of India and the longest written national constitution in the world. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. The Constituent Assembly of India adopted the constitution on 26 November 1949, and it became effective on 26 January 1950. The original 1950 constitution is preserved in a nitrogen-filled case at the Parliament Library Building in New Delhi.
| Characteristics | Values |
|---|---|
| Date of adoption | 26 November 1949 |
| Date of coming into force | 26 January 1950 |
| Assembly's first meeting | 9 December 1946 |
| Assembly's last meeting | 24 January 1950 |
| Number of sessions | 11 |
| Number of days met | 165 or 166 |
| Number of members | 284 or 296 |
| Number of women members | 15 |
| Number of parties represented | 5 |
| Number of articles | 395 |
| Number of schedules | 8 or 10 |
| Number of amendments | Over 90 |
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What You'll Learn
The Constituent Assembly of India
The Constituent Assembly for undivided India met for the first time on 9 December 1946. However, relations between the Muslim League and the Congress Party deteriorated, and the former demanded a separate assembly for Muslims. After India gained independence on 15 August 1947, members representing areas that had become part of Pakistan had to be replaced, and new elections were held.
The Assembly's constitutional advisor, Sir B. N. Rau, prepared an initial draft in February 1948, which was considered, debated, and amended by a seven-member drafting committee appointed in August 1947, with B. R. Ambedkar as chair. The committee submitted a revised draft to the Assembly on 4 November 1947. Before adopting the constitution, the Assembly held eleven sessions in 165 days.
The Constituent Assembly approved the draft constitution on 26 November 1949, and it came into effect on 26 January 1950. The constitution replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. The constitution declares India a sovereign, socialist, secular, and democratic republic, assuring its citizens justice, equality, and liberty and endeavouring to promote fraternity.
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The constitution's adoption and enforcement
The Indian Constitution is the supreme legal document of India and the world's longest written national constitution. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out the fundamental rights, directive principles, and duties of citizens. The Constitution is not a rigid set of rules but a way of life, with provisions stated in general terms so they can be adapted to changing times and situations.
The Constituent Assembly of India was elected in 1946, and it met for the first time on December 9, 1946. The Assembly's constitutional advisor, Sir B. N. Rau, prepared the initial draft in February 1948, which was then considered, debated, and amended by a seven-member drafting committee chaired by B. R. Ambedkar. The committee submitted a revised draft to the Assembly on November 4, 1947. Before adopting the constitution, the Assembly held eleven sessions in 165 days.
On November 26, 1949, the Constituent Assembly adopted the final version of the constitution, which was signed by 284 members. Each member signed two copies of the constitution, one in Hindi and the other in English. The original constitution is handwritten, with each page decorated by artists from Shantiniketan, and its calligrapher was Prem Behari Narain Raizada. The constitution was published in Dehradun and photolithographed by the Survey of India.
The constitution became the law of India on January 26, 1950, replacing the Government of India Act 1935 as the country's fundamental governing document. This day is celebrated as Republic Day in India, marking the transition of the Union of India to the Republic of India. The constitution declares India a sovereign, socialist, secular, and democratic republic, assuring its citizens justice, equality, and liberty, and endeavouring to promote fraternity.
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The constitution's fundamental principles
India adopted its written constitution on 26 November 1949, and it came into effect on 26 January 1950. The constitution is the supreme legal document of India and is the lengthiest written national constitution globally. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens.
The Indian Constitution's fundamental principles are encapsulated in its declaration of India as a sovereign, socialist, secular, and democratic republic. It assures its citizens justice, equality, and liberty and promotes fraternity. The constitution also guarantees fundamental rights, outlines directive principles, and establishes the duties of citizens.
Fundamental Rights
The Indian Constitution provides for six broad categories of fundamental rights, which are justifiable and enforceable by the courts, subject to specific restrictions. These rights include the right to equality, freedom of speech and expression, freedom of assembly and association, and freedom of movement. It also includes the right against exploitation, prohibiting forced labour, child labour, and human trafficking. The right to life, as outlined in Article 21, has been interpreted to include the right to a speedy trial, water, livelihood, health, and education. These rights are guaranteed to all citizens, irrespective of race, religion, caste, sex, or place of birth.
Directive Principles
The Directive Principles of State Policy are guidelines for the government to frame laws and govern the country. They are not enforceable by the courts but provide fundamental principles for governance. These principles include the responsibility of the state to promote social reform, ensure social security, and implement land reforms. They also emphasise the importance of ending exploitation and providing universal adult franchise, freedom of movement, and the abolition of capital punishment.
Fundamental Duties
The Fundamental Duties are moral obligations of citizens to promote patriotism and uphold India's unity. These duties, while not enforceable by courts unless made so by parliamentary law, include promoting a spirit of patriotism and preserving the country's composite culture. They also include safeguarding public property, abjuring violence, and striving towards excellence in all spheres of individual and collective activity.
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The constitution's structure and length
The Indian Constitution is the supreme legal document of India and the longest written national constitution in the world. It is a very detailed document with 395 articles and 10 appendices, called schedules. The constitution was drafted by the Constituent Assembly, which first met in December 1946, and held 11 sessions over 165 days. The assembly's constitutional advisor, Sir B.N. Rau, was responsible for the constitution's general structure and prepared its initial draft in February 1948. Rau's draft consisted of 243 articles and 13 schedules, which were then debated and amended by a seven-member drafting committee. The committee submitted a revised draft to the assembly on 4 November 1947, and the final constitution was adopted on 26 November 1949, coming into force on 26 January 1950.
The constitution's length and structure reflect its comprehensive nature, covering a wide range of topics and issues. It establishes India as a sovereign, socialist, secular, and democratic republic, guaranteeing its citizens justice, equality, and liberty. It also sets out fundamental rights, directive principles, and the duties of citizens. The constitution provides for a parliamentary form of government, with a federal structure and certain unitary features. It establishes the positions and roles of key figures such as the President, the Prime Minister, and the Council of Ministers.
One notable aspect of the Indian Constitution is its flexibility. While it provides a solid framework for the country's governance, it is not a rigid set of rules. The provisions are stated in a general manner, allowing for adaptation to changing times and situations. This flexibility is evident in the interpretation and expansion of certain rights, such as the Right to Life under Article 21, which has come to include rights to education, health, and livelihood, among others.
The Indian Constitution also recognises the existence of multiple languages within the country, with Hindi and English being the official languages for federal business. This recognition of linguistic diversity is an important aspect of the constitution's structure and reflects India's cultural and linguistic landscape.
In conclusion, the Indian Constitution's structure and length are impressive, reflecting the document's comprehensive nature and attention to detail. Its length ensures that various aspects of governance, citizen rights, and duties are thoroughly addressed. The constitution's structure, with its federal system, parliamentary governance, and recognition of cultural and linguistic diversity, establishes a strong foundation for the country's democratic principles. The flexibility built into its provisions allows for adaptation and interpretation, ensuring its longevity and relevance in a dynamic societal context.
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The constitution's influence on India's government
The Constitution of India is the supreme legal document of India and the longest written national constitution in the world. It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution is the fundamental law of the land, embodying the values, principles, and governance framework of the country. It serves as the supreme law, guiding the state's functioning and ensuring citizens' rights and responsibilities.
The Constitution of India lays down the framework for the country's political system, defining the powers and responsibilities of government institutions and setting out fundamental rights, directive principles, and the duties of citizens. It establishes a parliamentary form of government with a federal structure and certain unitary features. The constitution provides for a council of ministers, with the Prime Minister as its head, to aid and advise the President, who is 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 and is the commander-in-chief of the Indian Armed Forces.
The Indian Constitution establishes an integrated and independent judicial system, with the Supreme Court at the apex, followed by High Courts and Subordinate Courts. Judicial review, adopted from the United States, is dealt with in Article 13 of the Indian Constitution. It states that all pre-constitutional laws that conflict with the constitution shall be deemed ineffective until amended, and laws made after the adoption of the constitution must be compatible with it. The Supreme Court plays a crucial role in interpreting the constitution and ensuring its supremacy.
The Constitution of India also declares India a sovereign, socialist, secular, and democratic republic, assuring its citizens justice, equality, and liberty. It replaced the Government of India Act 1935, which has been noted as the most influential on the current constitution, as the country's fundamental governing document. The constitution-making process involved several important figures, including B.R. Ambedkar, Jawaharlal Nehru, and Alladi Krishnaswamy Iyer, who contributed to shaping the values and principles enshrined in the final document.
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Frequently asked questions
India adopted a written constitution on 26 November 1949.
India's constitution came into effect on 26 January 1950.
The constitution is the supreme legal document of India and is the country's fundamental governing document. It lays down the framework for the basic political principles and establishes the roles and responsibilities of different government institutions.
The Indian constitution is extensively modelled on western legal and constitutional practices. It was also influenced by the Government of India Acts of 1919 and 1935, which were a series of statutes enacted by the British Parliament.
