Simone Lawson
The Indian Constitution has been dubbed A Lawyers' Paradise due to its length, complexity, and the new legal possibilities it presents. Sir William Ivor Jennings, a British lawyer and academic, was the first to refer to the Indian Constitution as a Lawyers' Paradise. The constitution is a lengthy and complex text, and all laws are derived from its Preamble, Articles, and 12 Schedules, particularly Schedule 7.
| Characteristics | Values |
|---|---|
| Name of Person who made the statement | Sir William Ivor Jennings |
| Profession | British Lawyer and Academic |
| Reason for the statement | The length and complex legal language of the Indian Constitution |
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What You'll Learn
Length and complexity of the Indian Constitution
The Indian Constitution is the world's longest written national constitution for a sovereign nation. It contains 395 articles and 8 schedules, or 12 schedules, across 22 parts. At 145,000 words, it is the second-longest active constitution in the world, after the US state of Alabama. The Indian Constitution is 10 times the average length of constitutions across 203 countries, which is 14,350 words.
The length of the Indian Constitution can be attributed to the complexity and diversity of Indian society, with the belief that rules governing such a society should also be complex. The Constitution was drafted by the 389-member Constituent Assembly, which took almost three years and eleven sessions over a 165-day period to finalise. The Assembly was mindful of India's needs and conditions, borrowing features from 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's length has been criticised as being a "huge document" with "unnecessary matter", however, members of the Assembly argued that this was a feature and not a bug, and that a complex society requires complex rules.
The Constitution's length and complexity have had consequences, with some arguing that it stops diversity and harmony from flourishing, and that it limits the agency of individuals by granting powers to the state to intervene. The Constitution has also had more than 100 amendments since it was enacted, further adding to its complexity.
The Indian Constitution has been referred to as "Lawyers' Paradise" by Sir William Ivor Jennings, a British lawyer and academic.
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The Constitution as a lawyer's dream
The Indian Constitution has been dubbed "A Lawyers' Paradise" by British lawyer and academic, Sir William Ivor Jennings. The lengthy and complex legal language used in the constitution has been said to be a "lawyer's dream come true", opening up a range of new legal possibilities.
The Indian Constitution is a lengthy and complicated text, and its complexity has been noted by members of the Constituent Assembly, who suggested that the draft "appears to make citizens more litigious, more willing to go to law courts, less honest, and less likely to obey the strategies of honesty and non-violence". The constitution's complexity may be due in part to the fact that it covers a wide range of topics and issues, and it is the source of all laws in the country. The constitution is made up of the Preamble, Articles, and 12 Schedules, with Schedule 7 being particularly significant in law-making.
The Indian Constitution is a comprehensive document that covers a wide range of topics and issues, and it is this level of detail that has earned it the nickname "Lawyers' Paradise". The constitution addresses a variety of subjects, including the right to education, the right to life and personal liberty, and the suspension of fundamental rights during emergencies. It also outlines the special status of certain states, such as Jammu and Kashmir.
The complexity of the Indian Constitution has had some unintended consequences, as suggested by the Constituent Assembly member. The detailed and intricate nature of the document may encourage citizens to take legal action, believing that any issue can be resolved through litigation. Additionally, the complexity of the constitution may make it more challenging for citizens to understand their rights and responsibilities, potentially leading to a decrease in honest and non-violent behaviour.
Despite the concerns raised by some, the Indian Constitution remains a remarkable document that has shaped the country's legal system and continues to be a vital reference for lawyers and law students alike.
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The Constitution as a driver of litigation
The Indian Constitution is the supreme legal document 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 citizens' fundamental rights, directive principles, and duties. The Constitution grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislation or government actions that violate it.
The Constitution of India has been amended over 100 times since its enactment and is a driving force behind litigation in the country. Its interpretation and implementation are overseen by the Supreme Court of India, which comprises the Chief Justice and up to 33 other Judges appointed by the President. The Supreme Court Judges cannot be removed from office except by an order of the President passed after an address in each House of Parliament, supported by the majority of the total membership of that House. The Supreme Court's decisions are binding on all Courts within India's territory.
The Constitution provides for a single integrated system of courts to administer both Union and State laws. Below the Supreme Court are the High Courts, which have District Courts under their administration. Village or Panchayat Courts also function in some states to decide civil and criminal disputes of a petty and local nature. Each state is divided into judicial districts presided over by a District and Sessions Judge, which is the principal civil court of original jurisdiction.
The Constitution contains provisions for the appointment of High Court Judges as ad-hoc Judges of the Supreme Court, and for retired Judges of the Supreme Court or High Courts to sit and act as Judges of the Supreme Court. This flexibility ensures that the judiciary can effectively handle the volume of cases and litigation driven by the Constitution's interpretation and implementation.
The Constitution's role as a driver of litigation in India is evident through the judicial system's role in upholding and interpreting this extensive and complex document. The Supreme Court, as the final interpreter of the Constitution, plays a crucial role in shaping the law and ensuring that legislative and executive actions align with the Constitution's provisions. This dynamic between the Constitution and the judiciary contributes to a robust legal system in India.
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The Constituent Assembly's view
The Indian Constitution is considered a comprehensive and detailed document, with all laws derived from its Preamble, Articles, and 12 Schedules, particularly Schedule 7. It is a significant source of legal reference and interpretation, providing a wealth of information and opportunities for legal professionals to explore and utilise in their work.
The Constituent Assembly recognised the potential for the Constitution to be subject to litigation due to its length and complexity. However, they also acknowledged that the length of the document alone did not make it vulnerable to legal disputes. The Assembly's view emphasised the importance of understanding and interpreting the Constitution's complex legal language, which could provide a challenge for lawyers and citizens alike.
The Constituent Assembly's perspective on the Indian Constitution being labelled a "Lawyers' Paradise" highlights the document's intricate nature and the potential impact it could have on society. They recognised the Constitution's capacity to shape legal culture and the behaviour of citizens, potentially leading to increased litigation and a greater focus on legal technicalities.
Overall, the Constituent Assembly's view on the matter acknowledged the Indian Constitution's complexity and its potential to create a legal landscape that is highly engaging for lawyers, leading to the label of a "Lawyers' Paradise".
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Sir William Ivor Jennings' opinion
Sir William Ivor Jennings, a British lawyer and academic, was an authority on constitutional law. He was knighted in 1948, made a King's Counsel in 1949, and awarded the KBE in 1955. Jennings offered criticism of the Indian Constitution, which was analysed by Mr. M. Anantanarayanan in the November 1956 issue of 'The Lawyer' under the title 'The Indian Constitution in Retrospect'. Jennings' views were also opposed by Mr. Alladi Krishnaswami lyar, who began writing a series of articles to counter Jennings' criticisms and to emphasise the enduring nature of the Indian Constitution.
Jennings' opinion of the Indian Constitution was likely influenced by his extensive experience in constitutional law. He advised D. S. Senanayake on drafting the Constitution of Ceylon (now Sri Lanka) and served as a constitutional advisor to the Government of Pakistan. He was also a member of the Reid Commission, which was responsible for drafting the Constitution of the Federation of Malaya (now Malaysia). In addition, he advised the committee that drafted the Constitution of Nepal in 1959.
While Jennings' specific criticisms of the Indian Constitution are not explicitly stated, Mr. Anantanarayanan's analysis suggests that Jennings believed the Indian Constitution may require large-scale redesigning to meet the changing needs of the nation. This interpretation is supported by the fact that Jennings had been commissioned to draft or advise on several other constitutions, indicating his expertise and strong opinions in this area.
It is worth noting that Jennings' bias as an "English diehard" was noted by informed publicists and the Indian press. This bias may have influenced his views on the Indian Constitution, which was drafted during India's transition to independence from Britain.
Despite Jennings' criticisms, the Indian Constitution has proven to be enduring and effective, as evidenced by its longevity and the country's democratic governance. The Indian Constitution has withstood the test of time, demonstrating the makers' basic commitment and experience in the 1940s.
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Frequently asked questions
Sir William Ivor Jennings, a British lawyer and academic, called the Constitution of India "Lawyers' Paradise".
The Indian Constitution has been called "Lawyers' Paradise" due to its length and complex legal language.
A member of the Constituent Assembly noted that the Indian Constitution appears to make citizens more litigious, less honest, and less likely to obey the strategies of honesty and non-violence.
The main reason is that all laws are made from the Preamble, Articles, and 12 Schedules of the Constitution, particularly Schedule 7.
Yes, it is true. Every lawyer in India must have a book on the Constitution of India.
