Longest Written Constitution in the World The
Description: Longest Written Constitution in the World The Constitution of India is a very comprehensive document. With historical advantage to learn from the constitutional experience of many countries, the founding fathers of the Indian Constitution
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slide1. Longest Written Constitution in the World The Constitution of India is a very comprehensive document. With historical advantage to learn from the constitutional experience of many countries, the founding fathers of the Indian Constitution combined many features from different constitutions in the world.
First, the Constitution of India is the longest written constitution in the world. This is due to many reasons:
To be clear and categorical so that confusion could be avoided, the founding fathers wanted to make the constitution very detailed.<br>
slide2. Longest Written Constitution …(Contd.) ii. It is also due to the fact that the Indian Constitution is partly a pre-independence constitutional legacy. Both the 1919 Act ( Government of India Act) and the 1935 Act were very lengthy.
iii. Another reason for it being so lengthy is the inclusion of special provisions to deal with asymmetric dimensions of the Indian federation. There are provisions to meet the regional problems and demands in certain states, such as Nagaland, Assam, Manipur, Sikkim and Mizoram.<br>
slide3. Popular Sovereignty The second important feature of the Constitution of India is that it proclaims the sovereignty of the people of the country. Thus, the declaration to constitute a sovereign democratic republic.
Popular sovereignty expresses itself in the chapter dealing with elections in Article 326 which declares that ‘the elections to the House of People and to the Legislative Assembly of every state shall be on the basis of adult suffrage’.
Further, those who wield the executive power of the government are responsible to the legislature and through them to the people.<br>
slide4. Parliamentary form of Government Third, the Constitution of India sets up a Parliamentary form of government both at the centre and in the states. The main features of this form of government are as follow:
The executive is responsible to the legislature. It is both individual responsibility as well collective responsibility of the council of ministers as a whole or team.
The head of the state is nominal whereas the actual or effective authority is exercised by the Prime Minister who heads the council of ministers. The Prime Minister is the head of the government.<br>
slide5. Parliamentary form…(Contd.) iii. The executive under this system does not have a fixed tenure as it depends on the support of the legislature. It has to leave office if a no-confidence motion is passed against it by the legislature.
iv. In this form of government there is a very close relationship between the legislature and the executive. All the members of the executive have also to be members of the legislature.<br>
slide6. Federal Polity Fourth, the Constitution of India has set up a federal polity by creating two sets of government- one at the centre and the other at the level of the units of the federation called the states. Characteristic features of a federal polity are as follow:
Written Constitution: India has a written constitution which is rigid to a great extent.
Dual Polity: There is a dual polity and clear division of powers between the centre and the states.<br>
slide7. Federal Polity…(Contd.) iii. Existence of an independent and integrated Judiciary with provisions for the Supreme Court at the top which is independent of the control of the executive and it is also the final interpreter and the guardian of the constitution.
Unique federal features (Unitary Features) in the Indian Constitution:
The distribution of powers between the centre and the states is heavily loaded in favour of the Union Government. The residuary matters are left with the Union. Besides, in subjects mentioned in the concurrent list, the Union Government has the final say.<br>
slide8. Federal Polity…(Contd.) ii. The Parliament has the right to change the boundaries of the states.
iii. The heads of the states-the governors- are appointed by the centre who enjoy some special powers.
iv. The centre can declare a state of emergency and take over the administration of the states.
It is very interesting to note that the term ‘federal’ or ‘federation’ is not mentioned anywhere in the text of the Indian Constitution. The term used is ‘Union of states’.<br>
slide9. Federal Polity…(Contd.) According to Dr. Ambedkar ‘the Drafting Committee wanted to make it clear that though India was to be a federation, the federation was not the result of an agreement by the states and that the federation not being the result of an agreement, no state has the right to secede from it.
Thus, this federation is described as a ‘Union of states’ because it is indestructible. The division of the country into different states is due to their diversities as well as for administrative convenience. But the nation is one integral whole which is also manifested in its ‘single citizenship’.<br>
slide10. Federal Polity…(Contd.) Critics of India’s federal polity have described it in various ways- ranging from expressions such as quasi-federal, federal with a strong unitary or pro-centre bias, federal in structure but unitary in spirit, federal during normal times but with possibilities of being converted into a purely unitary one during times of emergency and the like.
Granville Austin, the British constitutional expert, very rightly argues that the members of the Constituent Assembly did not adhere to any theory or dogma about federalism. They believed that India had unique problems, which no other federation had ever confronted.<br>
slide11. Federal Polity…(Contd.) According to Austin the members of the Constituent Assembly of India also believed that ‘federalism’ was not a ‘definite concept’ and it lacked a ‘stable meaning’.
Therefore, they thought it prudent to draw from the experiences of several countries to decide on the federal polity what would suit the genius of the nation best. In the process, a new kind of federalism was produced to meet India’s unique needs and aspirations.<br>
slide12. A Democratic Republic Fifth, setting up of a Democratic Republic on the foundation of universal adult suffrage (Article 326) is another important feature of the Constitution of India. Considering the prevalent limited franchise based on property and educational qualifications, this was, definitely, a bold step as well as a sharp departure from the past.
The provision for universal adult suffrage was the logical culmination of the freedom movement since freedom movement was also a movement for self-government and democracy.<br>
slide13. A Democratic Republic (Contd.) But adopting adult franchise in the context of vast poverty and illiteracy was certainly a very bold step. Further, a glance at the history of advanced countries of the West where franchise was extended only gradually, would convince anyone that India has done a lot better.<br>
slide14. Extensive Rights to Citizens Sixth, the Constitution of India has given extensive rights to citizens which can be grouped in to two categories:
The first category comprises of the traditional civil and political rights; and
The second category contains new social and economic rights.
The rights falling under the first category are placed in the Chapter on Fundamental Rights (Part-III of the Constitution) and they are made justiciable whereas the second category of rights are placed in the Chapter called Directive Principles of State Policy (Part-IV) and are not justiciable.<br>
slide15. Extensive Rights to Citizens (Contd.) But it needs to be kept in mind that the non-justifiability of the rights in DPSP section does not make them inferior. The two sets of rights are, indeed, complimentary to each other.
The difference between the two categories of rights on account of justifiability arises from the capacity of the state to guarantee these rights at that point in time.<br>
slide16. Extensive Rights to Citizens (Contd.) The framers knew that while the state could straight away guarantee the rights under the Fundamental Rights section it could not secure the rights placed in the DPSP section immediately due to lack of adequate resources.
They could be secured by the state only over a period of time with economic development and social change.<br>
slide17. Extensive Rights to Citizens (Contd.) Regarding these rights granted by the constitution It is important to keep in mind that the fundamental rights are circumscribed by restrictions. Therefore, they are not absolute. It is also important to know that the restrictions on rights are mentioned in the constitution itself.
The bill of rights in the American Constitution has not laid down any restrictions. The restrictions imposed by the state which eventually came to be accepted upon the liberties and rights of the citizens were outcomes of judicial decisions.<br>
First, the Constitution of India is the longest written constitution in the world. This is due to many reasons:
To be clear and categorical so that confusion could be avoided, the founding fathers wanted to make the constitution very detailed.<br>
slide2. Longest Written Constitution …(Contd.) ii. It is also due to the fact that the Indian Constitution is partly a pre-independence constitutional legacy. Both the 1919 Act ( Government of India Act) and the 1935 Act were very lengthy.
iii. Another reason for it being so lengthy is the inclusion of special provisions to deal with asymmetric dimensions of the Indian federation. There are provisions to meet the regional problems and demands in certain states, such as Nagaland, Assam, Manipur, Sikkim and Mizoram.<br>
slide3. Popular Sovereignty The second important feature of the Constitution of India is that it proclaims the sovereignty of the people of the country. Thus, the declaration to constitute a sovereign democratic republic.
Popular sovereignty expresses itself in the chapter dealing with elections in Article 326 which declares that ‘the elections to the House of People and to the Legislative Assembly of every state shall be on the basis of adult suffrage’.
Further, those who wield the executive power of the government are responsible to the legislature and through them to the people.<br>
slide4. Parliamentary form of Government Third, the Constitution of India sets up a Parliamentary form of government both at the centre and in the states. The main features of this form of government are as follow:
The executive is responsible to the legislature. It is both individual responsibility as well collective responsibility of the council of ministers as a whole or team.
The head of the state is nominal whereas the actual or effective authority is exercised by the Prime Minister who heads the council of ministers. The Prime Minister is the head of the government.<br>
slide5. Parliamentary form…(Contd.) iii. The executive under this system does not have a fixed tenure as it depends on the support of the legislature. It has to leave office if a no-confidence motion is passed against it by the legislature.
iv. In this form of government there is a very close relationship between the legislature and the executive. All the members of the executive have also to be members of the legislature.<br>
slide6. Federal Polity Fourth, the Constitution of India has set up a federal polity by creating two sets of government- one at the centre and the other at the level of the units of the federation called the states. Characteristic features of a federal polity are as follow:
Written Constitution: India has a written constitution which is rigid to a great extent.
Dual Polity: There is a dual polity and clear division of powers between the centre and the states.<br>
slide7. Federal Polity…(Contd.) iii. Existence of an independent and integrated Judiciary with provisions for the Supreme Court at the top which is independent of the control of the executive and it is also the final interpreter and the guardian of the constitution.
Unique federal features (Unitary Features) in the Indian Constitution:
The distribution of powers between the centre and the states is heavily loaded in favour of the Union Government. The residuary matters are left with the Union. Besides, in subjects mentioned in the concurrent list, the Union Government has the final say.<br>
slide8. Federal Polity…(Contd.) ii. The Parliament has the right to change the boundaries of the states.
iii. The heads of the states-the governors- are appointed by the centre who enjoy some special powers.
iv. The centre can declare a state of emergency and take over the administration of the states.
It is very interesting to note that the term ‘federal’ or ‘federation’ is not mentioned anywhere in the text of the Indian Constitution. The term used is ‘Union of states’.<br>
slide9. Federal Polity…(Contd.) According to Dr. Ambedkar ‘the Drafting Committee wanted to make it clear that though India was to be a federation, the federation was not the result of an agreement by the states and that the federation not being the result of an agreement, no state has the right to secede from it.
Thus, this federation is described as a ‘Union of states’ because it is indestructible. The division of the country into different states is due to their diversities as well as for administrative convenience. But the nation is one integral whole which is also manifested in its ‘single citizenship’.<br>
slide10. Federal Polity…(Contd.) Critics of India’s federal polity have described it in various ways- ranging from expressions such as quasi-federal, federal with a strong unitary or pro-centre bias, federal in structure but unitary in spirit, federal during normal times but with possibilities of being converted into a purely unitary one during times of emergency and the like.
Granville Austin, the British constitutional expert, very rightly argues that the members of the Constituent Assembly did not adhere to any theory or dogma about federalism. They believed that India had unique problems, which no other federation had ever confronted.<br>
slide11. Federal Polity…(Contd.) According to Austin the members of the Constituent Assembly of India also believed that ‘federalism’ was not a ‘definite concept’ and it lacked a ‘stable meaning’.
Therefore, they thought it prudent to draw from the experiences of several countries to decide on the federal polity what would suit the genius of the nation best. In the process, a new kind of federalism was produced to meet India’s unique needs and aspirations.<br>
slide12. A Democratic Republic Fifth, setting up of a Democratic Republic on the foundation of universal adult suffrage (Article 326) is another important feature of the Constitution of India. Considering the prevalent limited franchise based on property and educational qualifications, this was, definitely, a bold step as well as a sharp departure from the past.
The provision for universal adult suffrage was the logical culmination of the freedom movement since freedom movement was also a movement for self-government and democracy.<br>
slide13. A Democratic Republic (Contd.) But adopting adult franchise in the context of vast poverty and illiteracy was certainly a very bold step. Further, a glance at the history of advanced countries of the West where franchise was extended only gradually, would convince anyone that India has done a lot better.<br>
slide14. Extensive Rights to Citizens Sixth, the Constitution of India has given extensive rights to citizens which can be grouped in to two categories:
The first category comprises of the traditional civil and political rights; and
The second category contains new social and economic rights.
The rights falling under the first category are placed in the Chapter on Fundamental Rights (Part-III of the Constitution) and they are made justiciable whereas the second category of rights are placed in the Chapter called Directive Principles of State Policy (Part-IV) and are not justiciable.<br>
slide15. Extensive Rights to Citizens (Contd.) But it needs to be kept in mind that the non-justifiability of the rights in DPSP section does not make them inferior. The two sets of rights are, indeed, complimentary to each other.
The difference between the two categories of rights on account of justifiability arises from the capacity of the state to guarantee these rights at that point in time.<br>
slide16. Extensive Rights to Citizens (Contd.) The framers knew that while the state could straight away guarantee the rights under the Fundamental Rights section it could not secure the rights placed in the DPSP section immediately due to lack of adequate resources.
They could be secured by the state only over a period of time with economic development and social change.<br>
slide17. Extensive Rights to Citizens (Contd.) Regarding these rights granted by the constitution It is important to keep in mind that the fundamental rights are circumscribed by restrictions. Therefore, they are not absolute. It is also important to know that the restrictions on rights are mentioned in the constitution itself.
The bill of rights in the American Constitution has not laid down any restrictions. The restrictions imposed by the state which eventually came to be accepted upon the liberties and rights of the citizens were outcomes of judicial decisions.<br>