Almost every country around the globe has a written or unwritten constitution. A constitution is a set of rules or fundamental concepts that aid in the governance of a state or organisation. When these rules and ideas are all set down in one document, the text is considered to have a written constitution. Some countries, such as the United Kingdom, lack a written constitution. On the other hand, the basic principles are contained in various foundational Acts of the legislature, treaties, and court judgements. Monaco has the world’s shortest written constitution, whereas India has the world’s lengthiest written constitution.
India’s Constitution
The Indian Constitution is the highest authority in the country. It explains the country’s political code, the functions and organisation of various government entities, as well as people’ fundamental rights and obligations. The Indian Constitution is the world’s longest written constitution. However, several US states, such as Alabama, have lengthier constitutions than the Indian constitutions. The English language Constitution of India is around 145,000 words long, which is over one-third the length of Alabama’s constitution. It has a preface, 448 articles divided into 25 sections, 12 schedules, and five appendices. The constitution has been amended 101 times, with the most recent changes on July 1, 2017.
The Making of the Constitution
Articles 5-9, 60, 324, 366, 367, 379, 380, 388, and 391-394 of the Indian Constitution went into force on November 26, 1949, with the rest of the articles taking effect on January 26, 1950. The substance of the constitution was derived from various sources while taking into account the situations and requirements of Indians. The Indian Council Act of 1861, the Indian Independent Act of 1947, and the Government of India Act of 1858 were some of the sources. A 389-member Constituent Assembly elected by the members of the provincial assemblies drafted the constitution.
The following are the characteristics of a federal constitution:
- A Written Constitution: A federal constitution must have a written constitution.
- Dual Government: In the event of a federal constitution, there is a system of dual government, one at the national level and one at the state level.
- Supremacy of Constitutions: The constitution should have supremacy for a federal Constitution. The Constitution subordinates and controls all tasks performed by the three branches of government, namely the legislative, executive, and judicial branches.
- Power Division: Federalism refers to the distribution of state powers among several coordinate authorities, each of which originates in and is governed by the constitution.
- Rigidity: Rigidity is a basic need of a federal Constitution. It is heavily dependent on the amendment process.
- Independent Judiciary: An independent judiciary with jurisdiction over other organs is required. In a federal Constitution, the courts (judiciary) have the last say on how the constitution is to be interpreted. Finally, it should be stated that the judiciary is the Constitution’s Guardian.
There are four causes that have led to our constitution’s elephantine and longest length, which are as follows:
Geographical considerations
Aside from geographical elements, our country has a great deal of variety in terms of language, race, religion, culture, and geography. All of these considerations contributed to the Indian Constitution’s huge size.
Historical considerations
Some historical issues, such as the Government of India Act of 1935, have a role. The Government of India Act of 1935 had a far-reaching impact on the Indian Constitution. The majority of the provisions of this Act were incorporated, either directly or indirectly, into the Indian Constitution.
Uniform Constitution for the Center and the States
The Center and State do not have their own constitutions.
Legal luminaries’ dominance
Those who were engaged in the constitution’s drafting are largely from the legal profession, and as a result, they incorporated all legal considerations into the document.
The Indian Constitution is based on a number of sources, including
- The Government of India Act of 1935 served as the foundation for the Indian Constitution’s structural provisions
- The Philosophical Part of the Indian Constitution, namely the Fundamental Rights and DPSP, is based on the American and Irish Constitutions
- The political aspects of the Indian Constitution, such as the principle of cabinet rule and the relationship between the executive and legislative, are taken from the British Constitution
Other sections were adapted from the constitutions of Canada, France, Australia, Germany, the Soviet Union, South Africa, and Japan.
Conclusion
The Indian Constitution is regarded as the world’s longest since it encompasses all of the specifics and descriptions of all of the authorities wielded by the government, legislature, and judiciary. Furthermore, the bulkiness of the constitution is attributable to several characteristics taken by India from the constitutions of many countries.