Omar Bennett
The Constitution is a legal document that outlines the basic principles upon which a country is founded. It deals with ideals and values, such as liberty, justice, and equality, as well as the formation and power of the government. The US Constitution, for example, was written in 1787 in Philadelphia, Pennsylvania, by delegates from 12 states, replacing the Articles of Confederation with a new federal system of government. It is important to distinguish facts from falsehoods about the Constitution, as it serves as the foundation for a country's governance and legal framework.
| Characteristics | Values |
|---|---|
| Constitutions are written documents about the formation and power of the government | True |
| Constitutions exist and are required only in democratic countries | False |
| Constitutions are legal documents that do not deal with ideals and values | False |
| Constitutions give citizens a new identity | False |
| The Indian Constitution provides a three-fold distribution of legislative powers between the union and state governments | False |
| The Indian Constitution was made by credible leaders who commanded people's respect | True |
| The Indian Constitution has distributed power in such a way as to make it difficult to subvert it | True |
| The Indian Constitution is the locus of people's hopes and aspirations | True |
| The authority of the rules of the constitution is the same as that of any other law | False |
| The constitution lays down how different organs of the government will be formed | True |
| Rights of citizens and limits on the power of the government are laid down in the constitution | True |
| A constitution is about institutions, not values | False |
| The President cannot send back an amendment bill for reconsideration of Parliament | False |
| Only elected representatives have the power to amend the Constitution | True |
| The US Constitution includes the values of liberty, justice, and equality | True |
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What You'll Learn
The Indian Constitution has three-fold distribution of legislative powers
The Indian Constitution has a three-fold distribution of legislative powers between the Union and state governments. This distribution is based on the Government of India Act, 1935, which was also followed in the Constitution of India. The legislative relations distribute the power of lawmaking and governing between the Union and the States.
The three-fold distribution of legislative powers is outlined in the Seventh Schedule of the Indian Constitution, which consists of three lists: the Union List, the State List, and the Concurrent List. The Union List, which falls under the Seventh Schedule of the Constitution, has 97 items pertaining to nationally important subjects such as defence, banking, foreign affairs, railways, and atomic energy. The Parliament has supreme power over this list and can make laws for the entire country or any part of it. The State List, also part of the Seventh Schedule, contains 61 items that pertain to local or state interests, such as public health, agricultural education, and state public services. The State Legislature holds supreme power over this list and can make laws specifically for the territory of that state. The Concurrent List has 52 items, with both the Union and the States having shared power over these items.
Articles 245 to 255 of the Indian Constitution outline the legislative relations and the distribution of power between the Union and the States. Article 245 defines the territorial limits of legislative powers, stating that Parliament may make laws for the entire country or any part of it, and a State Legislature may make laws for the territory of that state. It also mentions that no parliamentary legislation shall be invalid on the basis of having extra-territorial operability. Article 246 specifies the distribution of legislative powers, stating that Parliament has exclusive power over the Union List, while both Parliament and the State Legislatures have power over the Concurrent List. The State Legislature, meanwhile, holds exclusive power over the State List.
The Indian Constitution thus provides a clear framework for the distribution of legislative powers, ensuring effective governance and a balance between the needs of a unified nation and the autonomy of its constituent states.
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The US Constitution is the world's longest
The US Constitution is not the world's longest. The US Constitution has 4,543 words, including signatures, and takes about half an hour to read. By contrast, the Constitution of India, the world's longest, has 146,385 words in its English-language version.
The US Constitution is, however, the oldest and longest-standing written and codified national constitution still in force. It was ratified on 21 June 1788 and became fully operative on 2 February 1790 when the Supreme Court held its first session. Since 1789, close to 800 constitutions have been adopted and amended by independent states. The US Constitution has survived civil war, economic depressions, assassinations, and terrorist attacks, enduring as a source of wisdom and inspiration.
The US Constitution has twenty-seven amendments, with the original text and all prior amendments remaining untouched. The first ten amendments are collectively known as the Bill of Rights, and the thirteenth, fourteenth, and fifteenth amendments are known as the Reconstruction Amendments. The average ratification time for all twenty-seven amendments is 9 years and 48 days.
The US Constitution is a vital and living document, strengthened by amendments, serving as a guide and protector of US citizens and their elected officials. It establishes the separation of powers, dividing the federal government into three branches: the legislative, consisting of the bicameral Congress; the executive, consisting of the President and subordinate officers; and the judicial, consisting of the Supreme Court and other federal courts.
The US Constitution is a benchmark for republicanism and codified constitutions. Its endurance depends on the knowledge and experience of each generation of Americans, who are encouraged to learn and understand its governing principles.
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The President cannot veto an amendment bill
The President of the United States has the power to veto new congressional legislation, even if it has 100% support. However, the President cannot veto an amendment bill. This is because the President has no formal constitutional role in the amendment process.
The Constitution outlines that any bill that passes both houses of Congress must be presented to the President for approval or veto. If the President approves, they sign the bill, and it becomes law. If the President does not approve, they must return the bill, along with their objections, to the House in which it originated within ten days. That House will then enter the objections into their journal and proceed to reconsider the bill. If two-thirds of that House still agree to pass the bill, it will be sent, with the objections, to the other House, which will also reconsider it. If two-thirds of that House also approve, the bill becomes law.
While the President typically has the power to veto bills, they do not have this power when it comes to constitutional amendments. The Supreme Court has articulated the Judicial Branch's understanding that the President has no formal role in the amendment process. This view was settled in the 1920 case of Hawke v. Smith, where the Court characterised its earlier decision in Hollingsworth v. Virginia (1798) as having determined that the submission of a constitutional amendment does not require the action of the President.
Despite this, there are examples of Presidents playing an informal, ministerial role in the amendment process. For instance, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after they were approved by Congress.
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The Indian Constitution was made by credible leaders
The Indian Constitution was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950. It replaced the Government of India Act 1935 and the Indian Independence Act 1947 as the country's fundamental governing document, marking India's transition from a dominion of the British Crown to a sovereign, democratic republic.
The Constitution was drafted by the 389-member Constituent Assembly, which was elected by the members of the provincial assemblies. The Assembly took almost three years to draft the Constitution, holding eleven sessions over a 165-day period. The initial draft was prepared by Sir B. N. Rau, a civil servant who became the assembly's constitutional advisor in 1946. Rau's draft consisted of 243 articles and 13 schedules, which were then debated and amended by the seven-member drafting committee, appointed on 29 August 1947 with B. R. Ambedkar as chair.
The credibility of the leaders who drafted the Constitution is evident in the respect they commanded from the people. The Constitution-making process involved a general consensus among the leaders about its basic framework, indicating their commitment to finding common ground and working together for the nation's best interests. This consensus-building approach is a hallmark of credible leadership, as it ensures that diverse perspectives are considered and incorporated into the governing document.
Furthermore, the Indian Constitution has stood the test of time and served as a stable framework for democratic governance in the country. It has provided for a parliamentary form of government with a federal structure and established the rights of citizens and limits on the power of the government. The Constitution has also been successful in distributing power in a way that makes it difficult to subvert, demonstrating the foresight and wisdom of its framers.
In conclusion, the Indian Constitution was indeed made by credible leaders who commanded the respect of the people. The Constitution-making process involved consensus-building, and the resulting document has provided a stable framework for governance, protected citizens' rights, and distributed power effectively. The leaders who drafted the Constitution have left a lasting legacy of democracy and unity in India.
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The US Constitution does not include equality
The US Constitution is a remarkable document, the product of a unique moment in history. It is a work of political philosophy, influenced by the great thinkers of the past, and a practical framework for governance. The Constitution has been amended many times since its inception, but the original document did not include a clear statement on equality.
The Constitution, with its 4,543 words, is a concise document, and its main focus is on the structure and function of the government, rather than a detailed outline of the rights of citizens. The absence of a statement on equality is notable, especially considering the subsequent amendments and interpretations that have been necessary to ensure equal rights for all.
The Fourteenth Amendment, for example, was ratified to ensure equal rights under the law, and while it did not initially deliver on this promise, it has been used as a basis for arguments for equal rights, particularly for African Americans. The Equal Protection Clause, interpreted through a lens of "constitutional colourblindness", has been used to argue for equality before the law, despite its initial use to uphold segregationist laws.
The Supreme Court has played a significant role in interpreting the Constitution and applying the concept of equality. In cases such as Plessy v. Ferguson (1896), the Court upheld segregationist laws, while in other cases like Missouri ex rel. Gaines v. Canada (1938), the Court denied admission to a black student solely due to his race. However, in Loving v. Virginia, the Court recognised voting as a "fundamental right", applying equal protection jurisprudence to voting rights.
The evolution of the interpretation and application of the Constitution demonstrates that while equality may not have been a central tenet of the original document, it has become a key principle in the United States' legal and political system. The Constitution has been a living document, adapting to the changing needs and values of the nation, and equality has been a driving force in that evolution.
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