Isabella Carter
The Indian Constitution, the world's longest written national constitution, is the country's supreme legal document. It lays out the fundamental political code, structure, procedures, powers, and duties of government institutions and establishes the fundamental rights and duties of citizens. The constitution was drafted by the Constituent Assembly, which was elected by the members of the provincial assemblies, and it became effective on 26 January 1950, marking India's transition to a sovereign, democratic republic. 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 constitution has since undergone more than 100 amendments and is celebrated annually.
Explore related products
What You'll Learn
The Indian Constitution's fundamental rights chapter
The Indian Constitution, the world's longest written national constitution for a sovereign nation, came into effect on 26 January 1950. It is the supreme legal document of India, laying down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions, and setting out fundamental rights, directive principles, and the duties of citizens.
The Fundamental Rights chapter of the Indian Constitution, covered in Part III (Article 12-35), guarantees civil liberties and bestows upon all Indian citizens the fundamental rights to lead their lives in peace and harmony. These rights are considered fundamental as they are essential for all-round development, including material, intellectual, moral, and spiritual development. They are also incorporated into the Fundamental Law of the Land and are enforceable in a court of law. However, they are not absolute and can be amended by the Constitution.
The Fundamental Rights include individual rights common to most liberal democracies, such as equality before the law, freedom of speech and expression, freedom of association and peaceful assembly, and freedom to practice religion. It also includes the right to constitutional remedies for the protection of civil rights, such as habeas corpus, and the right against exploitation, prohibiting all forms of forced labour, child labour, and human trafficking. These rights are guaranteed to all citizens, individually and collectively, and are justifiable.
The demand for fundamental rights in India emerged with the rise of Indian nationalism and the growing calls by Indians for self-governance in the late 19th and early 20th centuries. The first demand for fundamental rights came in the form of the "Constitution of India Bill" or the "Swaraj Bill" in 1895. Later, in 1928, the Nehru Commission proposed constitutional reforms that would guarantee fundamental rights, representation for minorities, and limit government powers.
Fraternity in Indian Constitution: Exploring Its True Meaning
You may want to see also
The Constituent Assembly
The Assembly was conceived and created by V. K. Krishna Menon, who first outlined its necessity in 1933 and enshrined it as an Indian National Congress demand. The Indian National Congress held its session at Lucknow in April 1936, presided by Jawaharlal Nehru, where the official demand for a Constituent Assembly was raised. The Government of India Act 1935 was rejected as it was an imposition on the people of India. C. Rajagopalachari again voiced the demand for a Constituent Assembly on 15 November 1939 based on adult franchise, and it was accepted by the British in August 1940.
The constitution was drafted by the Constituent Assembly, which was elected by elected members of the provincial assemblies. The constitution was adopted in 1950 after 166 days of deliberation over the course of two years and eleven months. The drafting of the Indian Constitution took place at two levels: committees and plenary. The committees comprised smaller groups of Assembly members tasked to prepare draft articles, reports, and notes on specific parts of the Constitution. At the plenary level, the Assembly sat in full strength and discussed the reports of various committees. Amendments were moved, debated, dropped, and adopted.
Indian Constitution: Influences on the Founding Fathers
You may want to see also
The constitution's structure and length
The Indian Constitution is the lengthiest and most detailed of all the written constitutions in the world. It is a meticulous document, rooted in historical struggles and visionary principles, that guides India towards a more just, inclusive, and prosperous society. The constitution is a testament to the nation's democratic ideals and aspirations, fostering unity amidst diversity, and safeguarding the rights and liberties of its citizens.
The constitution's structure is divided into various "Parts", each dealing with a specific aspect of the country's legal, administrative, or governmental framework. Originally, there were 22 parts, but this has since increased to 25. Within each part, there are several "Articles" that detail various aspects of the legal and governmental framework. These articles are specific provisions or clauses within the constitution, grouped together based on similar subjects or themes. The constitution originally contained 395 articles, but this number has been amended over time.
The constitution also contains "Schedules", which are additional provisions or supplements to the main body of the constitution. The initial draft of the constitution, prepared by Sir B.N. Rau, the assembly's constitutional advisor, consisted of 13 schedules. However, after discussions, debates, and amendments, the final version of the constitution included 8 schedules.
The constitution is so specific in spelling out government powers that many amendments address issues typically dealt with by statute in other democracies. It is also worth noting that the Indian Constitution does not contain any provisions to limit the powers of Parliament to amend it. As a result, it is the world's most frequently amended national governing document, with more than 100 amendments since its enactment. Despite the high frequency of amendments, the Supreme Court of India has ruled that certain features of the constitution are so integral to its functioning and existence that they cannot be altered.
Doctrines of the Indian Constitution: A Comprehensive Overview
You may want to see also
Explore related products
The constitution's historical context
The Indian Constitution 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 the fundamental rights and duties of citizens. The constitution came into effect on 26 January 1950, and India became a sovereign, democratic republic.
The constitution was drafted by the Constituent Assembly, which was elected by the members of the provincial assemblies. 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. The draft consisted of 243 articles and 13 schedules, which, after discussions and amendments, became 395 articles and 8 schedules. The assembly held eleven sessions over a 165-day period to debate and finalise the constitution.
The Indian Constitution was influenced by various historical factors and previous legislations. The framers of the constitution borrowed features from previous acts, such as the Government of India Acts of 1858, 1919, and 1935, and the Indian Independence Act of 1947. The constitution also reflects the country's diverse cultural and historical context, with illustrations in the first manuscript from 1954 depicting a mix of history, mythology, and geography.
The constitution-making process was a significant moment in India's history, marking its transition from British rule to independence and self-governance. From 1947 to 1950, India was a dominion of the United Kingdom, and the same legislation from the British rule was implemented during this period. The constitution repealed the Indian Independence Act 1947 and the Government of India Act 1935, asserting India's sovereignty and democratic ideals.
The Indian Constitution's Drafting Committee: A Small, Powerful Group
You may want to see also
The constitution's artistic value
The Indian Constitution is the world's longest written constitution for a sovereign nation, with about 145,000 words across 395 articles in 22 parts and 8 schedules. It is not just a legal document but a treasure trove of artistic richness. The original constitution is handwritten, with each page decorated by artists from Shantiniketan, including Beohar Rammanohar Sinha, Nandalal Bose, and Dinanath Bhargava. Its calligrapher was Prem Behari Narain Raizada, who wrote it in a flowing italic style. The Hindi version's calligraphy was crafted by Vasant Krishan Vaidya.
The artwork in the Constitution has been interpreted in myriad ways, from aesthetic to feminist, political to nationalist. The artists have borrowed from various art styles and traditions, including the art of Ajanta and Bagh Caves, Chola art, the Oriya school of sculpture, and Deccani miniatures. The artwork showcases India's achievements as an ancient civilisation, with illustrations depicting various periods in Indian history, from the Indus Valley civilisation to the freedom struggle, as well as scenes from the Ramayana and Mahabharata. The geographical diversity of India is also captured, from the desert with marching camels to the Himalayas.
The preamble page, featuring intricate patterns, was sketched by Beohar Rammanohar Sinha and bears his signature. The National Emblem, the Lion Capital of Ashoka, was sketched by Dinanath Bhargava. Part IV of the Constitution, on the rules related to the President and Vice President, is illuminated with the image of Buddha's Enlightenment under a fig tree. Part V features an image of Vardhmana Mahavira, the 24th Tirthankara in a meditative posture, depicting a period of huge change in society. Part XVI, about Special Provisions relating to certain classes, depicts the heroes of the freedom struggle, including Rani Lakshmibai, the Queen of Jhansi, and Tipu Sultan, the King of Mysore. Part XVII, on the official language, features an image of Mahatma Gandhi walking with a stick during the Dandi March.
The Constitution also pays homage to Nobel Laureate Rabindranath Tagore, who composed the National Anthem, with three landscapes celebrating India's diverse geography. Other notable figures depicted include Emperor Ashoka, seated on an elephant and propagating Buddhism, and King Vikramaditya. The artwork in the Constitution spans 5,000 years of Indian history and reflects the pluralism and secularism of the nation. It has been interpreted as a visual narrative of India's history and a testament to its cultural inheritance.
The Conscience of Indian Constitution: Fundamental Rights
You may want to see also
Frequently asked questions
Sir B. N. Rau, a civil servant, was appointed as the assembly's constitutional advisor in 1946 and was responsible for the constitution's structure.
The Indian Constitution was drafted by the Constituent Assembly, which was elected by the members of the provincial assemblies. B.R. Ambedkar was the chair of the seven-member drafting committee.
The Indian Constitution was drawn from a number of sources, including previous legislation such as the Government of India Acts 1858, 1919 and 1935, and the Indian Independence Act 1947.
The Indian Constitution is the supreme legal document of India, setting out the fundamental political code, structure, procedures, powers, and duties of government institutions, as well as the fundamental rights, directive principles, and duties of citizens. It is the longest written national constitution in the world.
