Eleanor Finch
The Indian Constitution is the world's longest written national constitution for a sovereign nation. It is approximately 145,000 words long, which makes it 30 times longer than the US Constitution and over twice as long as the Constitution of Alabama, the longest in the US. The Indian Constitution has been amended 106 times, with the latest amendment added on 28 September 2023. The lengthy 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.
| Characteristics | Values |
|---|---|
| Length in words | 145,000 |
| Number of articles | 470 |
| Number of parts | 25 |
| Number of schedules | 12 |
| Number of appendices | 5 |
| Number of amendments | 106 |
| Date of last amendment | 28 September 2023 |
| Number of times amended since 1947 | 103 |
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What You'll Learn
- The Indian Constitution is a lengthy document because it repealed the Indian Independence Act 1947 and the Government of India Act 1935
- It is the world's longest written national constitution for a sovereign nation with 145,000 words
- It has been amended 103 times in less than eight decades
- It is very specific in spelling out government powers
- It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions
The Indian Constitution is a lengthy document because it repealed the Indian Independence Act 1947 and the Government of India Act 1935
The Indian Constitution is a lengthy document due to several factors, including its repeal of the Indian Independence Act of 1947 and the Government of India Act of 1935, which played a significant role in shaping India's constitutional history.
The Indian Independence Act 1947 was enacted by the Parliament of the United Kingdom and received royal assent on July 18, 1947, marking a pivotal moment in India's journey towards independence and self-governance. This act officially partitioned British India into two new independent dominions: India and Pakistan, with the modern-day regions of Pakistan and Bangladesh constituting the latter. The act also addressed the status of the princely states, which had treaty relations with Britain, and affirmed that the British Crown's suzerainty would lapse on August 15, 1947.
The Indian Independence Act holds significance as it formally acknowledged the end of British colonial rule in the region and paved the way for the establishment of independent nations of India and Pakistan. However, it is essential to note that the act itself was a result of negotiations and agreements between various political factions within India, including the Indian National Congress, the Muslim League, and the Sikh community, who collectively agreed to what became known as the Mountbatten Plan or the 3rd June 1947 Plan.
Now, coming to the Government of India Act 1935, it was passed by the British Parliament and received royal assent in August 1935. This act holds the distinction of being the longest act enacted by the British Parliament until it was surpassed by the Greater London Authority Act in 1999. The act was so lengthy that it was retroactively split into two separate acts: the Government of India Act 1935 and the Government of Burma Act 1935.
The Government of India Act 1935 introduced significant changes to the governance of India. It abolished the Indian Council and established an advisory body in its place, creating an All-India Federation. The act provided for the establishment of the Reserve Bank of India and federal, provincial, and joint public service commissions. Additionally, it granted more autonomy to the provinces, abolishing diarchy at the provincial levels. However, it was not well-received by Indian leaders due to the retention of 'special powers' by governors and the viceroy, which allowed them to interfere in provincial matters.
In conclusion, the repeal of these two significant acts, the Indian Independence Act of 1947 and the Government of India Act of 1935, and the subsequent incorporation of their provisions into the Indian Constitution, contribute to its length and complexity. These acts played pivotal roles in shaping India's path towards independence and establishing a framework for governance that informed the drafting of the Indian Constitution.
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It is the world's longest written national constitution for a sovereign nation with 145,000 words
The Indian Constitution, ratified in 1949, is the world's lengthiest written constitution. With nearly 145,000 words, it is almost six times longer than the average national constitution, which stands at 22,249 words. The length of the Indian Constitution can be attributed to several factors.
Firstly, the constitution underwent a lengthy drafting process that spanned approximately four years. This allowed for a comprehensive and detailed document to be created. Secondly, the constitution has been amended numerous times since its ratification. By August 2015, there had been 100 amendments, making it one of the most frequently amended constitutions globally. The amendment process in India is unique and relatively straightforward, with a simple general procedure and multiple possible processes for making changes.
Another factor contributing to its length is the inclusion of marginal notes, or "structural and organisational notes," which provide interpretation guidance. While these notes are not part of the main body, they are often included in the word count, inflating the total. Without these notes, the constitution stands at around 120,000 words.
The Indian Constitution's length can also be understood in the context of the country's complex history and diverse population. The constitution needed to address the needs and interests of a vast and varied nation, encompassing multiple religions, languages, and ethnic groups. Additionally, the constitution was created during a period of decolonisation, which may have influenced its length and complexity.
The length of the Indian Constitution reflects the country's commitment to a comprehensive and adaptable framework for governing a diverse and dynamic nation. While it is the world's lengthiest constitution, it has played a crucial role in shaping India's democratic journey and continues to be a living document that evolves with the nation's changing needs.
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It has been amended 103 times in less than eight decades
The Indian Constitution has been amended 103 times since it was enacted in 1950. This frequency of amendment has led to concerns about political instability. The US Constitution, in contrast, is considered very difficult to change and has not evolved in the same way as the Indian Constitution. The Indian Constitution's flexibility can be attributed to its drafting history and the influence of Justice Felix Frankfurter, who advised deleting references to "the due process of law" from the working draft.
The Indian Constitution's amendment process varies depending on the type of change required. If a bill seeks to amend federal provisions, it must be passed by both Houses of Parliament and ratified by the state legislatures before being presented to the President for assent. This process has been utilised numerous times to make significant changes, such as the introduction of the Goods and Service Tax and the provision of the Right to Education for children aged six to fourteen.
The Indian Constitution's lengthy amendment history can be attributed to various factors, including the pragmatic American influence on its drafting and the desire to address the needs of an evolving nation. The constitution was also designed to ensure that the Parliament could not override it, which has led to amendments being brought in by respective governments only when they held a majority.
One notable example of an amendment is the introduction of the words "secular" and "socialist" by former prime minister Indira Gandhi during the Emergency. Gandhi sought to assert parliamentary supremacy over the judiciary and felt it necessary to amend the Constitution to include these principles in the preamble. However, she faced consequences for this amendment in the following elections, which led to the first-ever downfall of the Congress.
In conclusion, the Indian Constitution's 103 amendments in less than eight decades reflect its flexibility and responsiveness to the changing needs of the nation. While this has led to concerns about political instability, the amendments have also brought significant changes to the course of Indian polity. The contrast with the difficult-to-change US Constitution highlights the different approaches to constitutional evolution in these two democracies.
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It is very specific in spelling out government powers
The Indian Constitution is the supreme legal document and the longest written national constitution in the world. It establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government. The constitution is very specific in spelling out government powers, and it does so in several ways.
Firstly, it lays down the fundamental political code, structure, procedures, powers, and duties of government institutions. This includes a clear demarcation of powers between the three organs of the government: the legislative, executive, and judicial branches. The constitution also establishes a federal system of governance between the Union and the States, with a separation of powers between these two levels of government. For example, while the states have their own legislative and executive branches, they share the judiciary with the Union government, which is an unusual feature of a federal court system.
Secondly, the Indian Constitution grants all citizens Fundamental Rights and empowers the independent judiciary to protect these rights from infringement by any state body. The constitution specifically provides for the independence of the judiciary, which is a basic feature that cannot be changed by the legislature or the executive. This means that the courts are expected to remain unaffected by pressure exerted by other branches of the state, citizens, or interest groups.
Thirdly, the Indian Constitution includes treaty-making as part of the executive power given to the President. This is a specific power that is typically held by the executive branch of a government.
Finally, the constitution also sets out directive principles and the duties of citizens, providing a comprehensive framework for the functioning of government institutions and the rights and responsibilities of citizens.
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It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions
The Indian Constitution is the supreme legal authority and lays down the framework for the country's fundamental political code, structure, procedures, powers, and duties of government institutions. It establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary system of government. The Constitution grants all citizens Fundamental Rights and empowers an independent judiciary to invalidate any legislation or government action that violates it.
The Constitution sets out the various subjects on which Parliament and State Legislatures are empowered to make laws. The Seventh Schedule of the Constitution contains three lists: a Union List, a State List, and a Concurrent List. These lists outline the matters on which the respective legislative bodies have the authority to create laws. The Indian Parliament has the exclusive right to make laws on issues listed in the Union List, while the State Legislatures hold similar powers for the State List. Both the Union and the States can legislate on matters in the Concurrent List, but in the event of a conflict, the laws passed by Parliament take precedence.
The Constitution also establishes a federal system of governance between the Union and the States, with a separation of powers between the legislative, executive, and judicial branches of the government. It ensures free and fair elections, equality before the law, and guarantees freedom of conscience and religion in a secular state.
The Attorney General of India, assisted by the Solicitor General and Additional Solicitors-General, has the duty to advise the Government of India on legal matters and perform other legally assigned duties. They have the right to participate in Parliament without a vote and can practise law before the Supreme Court.
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Frequently asked questions
The Indian Constitution is the longest written national constitution in the world, with 145,000 words. It is a detailed document that outlines the fundamental political code, structure, procedures, powers, and duties of government institutions and the rights and duties of citizens. It has been amended over 100 times since its inception, addressing specific issues and adapting to the changing needs of the nation.
The Indian Constitution is approximately 30 times longer than the US Constitution, which has only 4,400 words. It is also longer than the Constitution of Alabama, which is the second-longest active constitution in the world.
The Indian Constitution is the most frequently amended national governing document in the world. Since its enactment in 1950, it has been amended over 100 times, with the latest amendment assented to on 28 September 2023.
The length of the Indian Constitution can be attributed to its comprehensive nature and the need to address the specific conditions and needs of the country. It borrowed features from previous legislation, such as the Government of India Acts and the Indian Independence Act, and was mindful of the unique circumstances of India's transition to a sovereign, democratic republic.
