Eleanor Finch
The Indian Constitution is a unique and dynamic document, designed to meet the aspirations of its people. Despite being an amalgamation of various British provisions and acts, as well as drawing from almost every constitution of the world, it has several salient features that distinguish it from the constitutions of other countries. The Indian Constitution is the lengthiest written constitution in the world and establishes a federal system of government with a number of unitary features. It provides for a parliamentary form of government and embodies a positive concept of secularism, giving equal respect to all religions. It also includes detailed provisions for three types of emergencies and aims to establish socio-economic justice.
| Characteristics | Values |
|---|---|
| Length | Second-longest active constitution in the world |
| Language | English and Hindi |
| Amendments | Over 100 since its enactment |
| Articles | Originally 395, now 448 |
| Schedules | Originally 8, now 12 |
| Parts | Originally 22, now 25 |
| Influences | Government of India Acts 1935; 1858 and 1919; Indian Councils Acts of 1861, 1892 and 1909; Indian Independence Act 1947; French Revolution; British Constitution; United States Constitution |
| Features | Universal adult franchise; right to freedom, equality and protection of minority rights; fundamental rights; emphasis on equality |
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What You'll Learn
- The Indian Constitution is a blend of historical struggles, philosophical ideals, and societal aspirations
- It is an amalgamation of global outlook and experiences gained during the freedom struggle
- The Constitution borrows features from previous legislation, including the Government of India Acts of 1858, 1919, and 1935
- It reflects the influence of other constitutions, such as the British Constitution and the United States Constitution
- The Constituent Assembly, with 389 members, played a crucial role in drafting and amending the Constitution
The Indian Constitution is a blend of historical struggles, philosophical ideals, and societal aspirations
The Indian Constitution is a comprehensive document that serves as the fundamental law of the land, outlining the rights and duties of citizens, and the organisation, powers, and limits of government institutions. It is a testament to the nation's democratic ideals and aspirations, and a reflection of its historical struggles, philosophical ideals, and societal aspirations.
The Constitution of India is a blend of historical struggles, philosophical ideals, and societal aspirations. Its historical struggles are rooted in the country's fight for independence and freedom from British rule, which lasted from 1858 to 1947. During this period, India experienced various social and political movements, such as the Indian National Movement and the Non-Cooperation Movement, which played a crucial role in shaping the nation's identity and values. The Constitution also draws from the principles and provisions of various global sources, including the British, American, Irish, and Canadian constitutions, reflecting India's diverse legal heritage.
The philosophical ideals enshrined in the Indian Constitution include sovereignty, equality, justice, liberty, fraternity, dignity, secularism, federalism, and democratic principles. These ideals were carefully considered and debated by the Constituent Assembly, which was responsible for drafting the Constitution. The Assembly, composed of elected members from provincial assemblies, worked diligently to create a framework that would uphold the values of constitutional supremacy, ensuring that the Constitution would be the supreme law of the land.
The societal aspirations embodied in the Indian Constitution reflect the nation's desire for a just, inclusive, and prosperous society. The Constitution seeks to foster unity amidst diversity, safeguard the rights and liberties of all citizens, and promote social and economic democracy through the establishment of a 'Welfare State'. It also mandates the state to treat all religions equally, ensuring a secular state that respects and accommodates the religious diversity of its citizens.
The Indian Constitution is a meticulous and thoughtfully crafted document, with each page adorned by artists and calligraphers, reflecting the nation's cultural heritage. It is a living testament to the country's journey towards democracy, justice, and equality, providing a framework for the state's functioning and ensuring the protection of citizens' rights and responsibilities. The Constitution continues to evolve, with over 100 amendments made since its enactment, demonstrating its adaptability to the changing needs and aspirations of Indian society.
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It is an amalgamation of global outlook and experiences gained during the freedom struggle
The Indian Constitution is a unique and intricate document that reflects the culmination of diverse global perspectives and experiences accumulated during the freedom struggle. It is a synthesis of ideas and principles from various constitutions and movements, both foreign and domestic, that shaped the country's political and legal landscape.
The Constitution of India, which came into effect on 26th January 1950, is the result of a long and thoughtful process that began well before the country gained independence in 1947. It is a comprehensive and detailed document that outlines the country's governance framework, rights, duties, and aspirations. The constitution-making process involved the Constituent Assembly, which was elected to represent undivided India and consisted of legal experts and luminaries.
One of the key influences on the Indian Constitution was the Government of India Act 1935. The federal structure of the government, provincial autonomy, bicameral central legislature, and the roles of the governor and the judiciary are all borrowed from this Act. The Indian Constitution also incorporates principles introduced by the nationalist movement, led by figures like Jawaharlal Nehru, which significantly influenced the Constituent Assembly's deliberations.
The Indian Constitution also reflects global outlooks and experiences. It amalgamates elements from multiple constitutions, including the British Constitution, which contributed the parliamentary form of government, the rule of law, legislative procedure, and the principle of procedure established by law. The United States Constitution influenced the preamble, fundamental rights, federal structure, electoral college, and independence of the judiciary. The French Revolution inspired the ideals of liberty, equality, and fraternity, as well as the concept of a republic.
The Indian Constitution also incorporated the quest for equality, seeking to overcome untouchability, affirmative action, and class divisions. The influence of Mahatma Gandhi's philosophy can be seen in the foundational principles, with non-violence, self-sufficiency, and village self-governance playing a significant role. The Russian Revolution of 1917 also left its mark, influencing ideals of justice in various spheres.
The Indian Constitution stands as a testament to the wisdom of its makers, ensuring its enduring relevance and becoming a living reality. It is a unique document in the global history of constitution-making, setting India apart from other postcolonial democracies by writing its constitution on a grand scale, integrating diverse territories, a large population, and numerous autonomous political units into a single federal structure.
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The Constitution borrows features from previous legislation, including the Government of India Acts of 1858, 1919, and 1935
The Indian Constitution is called an amalgamation because it borrows features from previous legislation, including the Government of India Acts of 1858, 1919, and 1935.
The Government of India Act 1858 was passed by the Parliament of the United Kingdom on August 2, 1858. The act provided for the liquidation of the East India Company and the transfer of its functions to the British Crown. The act also empowered the Crown to appoint a Governor-General and the governors of the presidencies, as well as establish an Indian Civil Service under the control of the Secretary of State.
The Government of India Act 1919 provided for a dual form of government, or "diarchy", for the major provinces. It also made provisions for the classification of central and provincial subjects, and the establishment of a Public Service Commission in India. The act kept the income tax as a source of revenue for the central government and provided for partial transfer of power to the electorate.
The Government of India Act 1935 was an immensely long act passed by the British Parliament that received royal assent in August 1935. The act followed the Simon Commission recommendations and abolished provincial dyarchy. It also provided for the establishment of the Reserve Bank of India and a Federal Public Service Commission.
While the acts of 1919 and 1935 granted concessions of power, they caused resentment due to their grudging and conditional nature. This failure to meet Indian demands and grant autonomy resulted in a lack of support from influential groups in India.
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It reflects the influence of other constitutions, such as the British Constitution and the United States Constitution
The Indian Constitution, which came into effect on 26 January 1950, is an amalgamation of various constitutions, including the British Constitution and the United States Constitution. The British ruled over India for 150 years, and their influence can be seen in the Indian Constitution's adoption of the British system of parliamentary democracy, with a strong central government and a unitary nature of federalism. The Indian Constitution also borrowed from the British the idea of the rule of law, the role of the speaker in the assembly, and the structure of the legislative council and legislative assembly, which developed into the Rajyasabha and Loksabha.
The Government of India Act of 1858 and the Indian Councils Act of 1861, enacted during the British Raj, were particularly influential in shaping the Indian Constitution. These acts represented a substantial transfer of political power to the Indians and laid the foundation for the realisation of self-government in India. The British Parliament's Act of 1935 also played a significant role in the formulation of the Indian Constitution, providing the basic structure for India to formulate powers and run the government.
The influence of the United States Constitution on the Indian Constitution is also evident. Both constitutions are federal in form, emphasising the centrality of power and the fundamental rights of citizens. The Indian Constitution, however, is more flexible and amendable than its American counterpart. The preamble of the Indian Constitution is also inspired by the US Constitution, which is the first written constitution in the world.
While the Indian Constitution draws from these and other constitutions, it is unique in its length and level of detail. It is the lengthiest constitution to date, consisting of 12 schedules and 448 articles in 22 parts. The Indian Constitution is also notable for its quasi-federal nature, allowing it to change its form to suit the circumstances and protect the country.
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The Constituent Assembly, with 389 members, played a crucial role in drafting and amending the Constitution
The Constituent Assembly of India was a 389-member body that was partly elected and partly nominated to frame the Indian Constitution. The Assembly was elected by the Provincial Assemblies of British India following the Provincial Assembly elections in 1946. It included 292 provincial representatives, 93 representatives from princely states, and four from the chief commissioner provinces of Delhi, Ajmer-Merwara, Coorg, and British Baluchistan. Fifteen of the members were women.
The Constituent Assembly played a crucial role in drafting and amending the Constitution of India. It took nearly three years and eleven sessions over a 165-day period to draft the Constitution. The Assembly's constitutional advisor, Sir B. N. Rau, prepared the initial draft in February 1948, which consisted of 243 articles and 13 schedules. This draft was then considered, debated, and amended by the seven-member drafting committee, chaired by B. R. Ambedkar. The committee submitted a revised draft to the Assembly on 4 November 1947.
The Constituent Assembly also had to address the impact of India's partition on the Constitution. Under the Mountbatten plan, a separate Constituent Assembly of Pakistan was established on 3 June 1947. As a result, the membership of the Constituent Assembly of India was reduced to 299 after the reorganization. Despite this setback, the Assembly persevered and continued to work on finalizing the Constitution.
On 26 November 1949, the Constituent Assembly of India adopted the Constitution, and it became effective on 26 January 1950. The Constitution replaced the Government of India Act 1935 as the country's fundamental governing document, marking India's transition from a dominion of the British Crown to a sovereign, democratic republic. The Indian Constitution is the world's longest for a sovereign nation, with about 145,000 words across 395 articles, 22 parts, and 8 schedules. It has undergone more than 100 amendments since its enactment, reflecting the dynamic nature of India's constitutional democracy.
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Frequently asked questions
The Indian Constitution is an amalgamation of various British provisions and Acts introduced in the previous two centuries, including 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. It also includes concepts of equality, fraternity, and liberty, federalism, republic, and democracy found in ancient Indian history and scriptures.
The Indian Constitution is the result of dedicated learning and strong brainstorming by its makers. It is not a simple copy-paste work but a process of selective adaptation to fit a country so culturally diverse and economically wide. It is a living reality that has survived and thrived when so many other constitutions have perished.
The Indian Constitution is the longest written constitution for a sovereign nation. It espouses constitutional supremacy and includes fundamental values and the highest aspirations shared by the people of India. It became the law of India on January 26, 1950, and has had more than 100 amendments since.
