Reasons For Adopting The Lengthiest Constitution of India by Shikha at LexCliq.

The Indian Constitution is regarded as the world’s longest constitution. It originally contained 395 articles divided into 22 divisions and eight schedules. Now, in the English version of the Constitution of India, there are 448 articles divided into 25 parts and 12 schedules, totaling 117,369 words. The Constitution’s volume has grown primarily as a result of constitutional writers’ efforts to include detailed Fundamental Rights, Directive Principles, Parliamentary Systems, Emergency Provisions, Amendment Provisions, and detailed Administrative Provisions regarding the Executive, Parliament, Privileges, Union Judiciary, Union Legislature, Comptroller, and Auditor General etc.

The reasons for longest known constitution are –

  • The major source for our Constitution was Government Of India Act, 1935, which in itself was very bulky as it contained detailed administrative procedure. This added to the bulkiness of our constitution.
  • Constitution makers borrowed many features from the Constitutions of other countries that were in existence that time and modified them to suit the conditions and needs of our newly formed country. The framers sought to incorporate the experience gathered from the working of all the known constitutions and to avoid all defects and loopholes that might be anticipated in the light of those constitutions.

Like from British Constitution: Parliamentary government, Lower House more powerful, Single citizenship,                Parliamentary privileges, Bicameral Parliament,  Speaker of Lok Sabha, Rule of Law etc.

          Ireland’s Constitution: Concept of Directive Principles of State Policy, Method of election of President etc

          United States of America’s Constitution:  Impeachment of the President, Fundamental Rights, Judicial                      review, Independence of Judiciary

          Canada’s Constitution: Federation with a strong Centre, Vesting of residuary powers in the Centre

          French Constitution: The ideals of Republic, liberty, equality, fraternity in the Preamble

          Australia’s Constitution: Concurrent List,  Freedom of trade and commerce

          Soviet Union’s Constitution: Fundamental duties

          Germany’s Constitution: Suspension of Fundamental Rights during the emergency

          Japan’s Constitution Concept of “procedure established by Law”.

  • Our country is very vast with diverse languages, races, religions, customs, traditions etc. In order to meet the correct definition of equality and justice, need and requirements of each sects were addressed hence it lead to more space.
  • It was necessary to make provisions to face peculiar problems of India like those concerning to the Scheduled Castes, Scheduled Tribes and backward classes.
  • Unlike America were states made their own constitution, Indian Constitution lays down provisions for both Union and States. A detailed list of individual rights, directive principles of state policy and the details of administration procedure were laid down to make the Constitution clear and unambiguous piece of legislation for the ordinary citizen.
  • The Constitution contains a long list of fundamental rights and Directive Principles. Framers of the Constitution incorporated them in the Constitution with a view in mind that it would serve as a constant reminder to the future governments of India that they have to implement them in order to achieve the ideals of the welfare state.
  • Our constitution have detailed provisions about the organization of Judiciary, the services, the public service commissions, elections and many transitory  provisions.
  • Elaborate provisions were laid for centre-state relations in all aspects of their administrative and other activities. Three lists were prepared, namely centre list, state list and concurrent list. Both state and centre as jurisdiction regarding items enlisted in concurrent list and in case of conflict centre decisions prevails.

 

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