Why Do We Need Constitution? India's Supreme Law

The Indian Constitution is the supreme law of the country and forms the backbone of India’s democratic system. Adopted in 1950, it defines the structure of government, distributes powers among the legislature, executive, and judiciary, and safeguards fundamental rights and duties of citizens.

It reflects the ideals of justice, liberty, equality, and fraternity, ensuring unity in diversity. With features like federalism, secularism, and parliamentary democracy, it balances authority with accountability. As a living document, it allows amendments to meet changing needs while protecting core values, guiding India’s political, social, and legal development.

What is a Constitution?

A constitution is the supreme legal document of a country, often referred to as the Mother Law. Its term originates from the Latin word constituere, meaning "to establish," "to set up," or "to organize." It signifies the basic framework upon which a state is established and governed. The term 'State' in this context generally refers to the country or nation.

A constitution typically outlines:

1. The basic structure of the State.

2. The powers, functions, and limits of government authorities, from local governance to the President.

3. The rights and duties of citizens.
   Initially, the Indian Constitution focused exclusively on rights, as the Constituent Assembly members believed citizens should be empowered after colonial rule. Fundamental Duties were added to the Constitution much later.

Definitions by Prominent Jurists

Many Prominent Jurists define the constitution as:

• A.V. Dicey: Defined a constitution as a "body of rules or laws which determine the distribution and exercise of the sovereign power in the state." Dicey emphasized how sovereign power—the ultimate decision-making authority—is distributed. The Preamble, starting "We, the People of India," highlights that this power rests with the people.

• Hans Kelsen: He stated, "The Constitution is the supreme law of the land which forms the foundation of the legal order of a state." Kelsen viewed it as the highest legal norm, from which all other laws derive their validity. This principle is evident in Article 13 of the Indian Constitution, which allows invalidation of laws inconsistent with the Constitution, particularly Fundamental Rights.

• James Bryce: Described a constitution as the "aggregate of laws and customs under which the life of the state is organized." Bryce's view was broader, encompassing both written laws and unwritten conventional customs within a nation's constitutional framework.

In summary, a constitution is the supreme legal document that establishes, sets up, and organizes the State, serving as the source for all other laws.

Facts About the Indian Constitution

The Indian Constitution is the longest written constitution in the world and was adopted on 26 January 1950. Drafted by the Constituent Assembly under Dr. B. R. Ambedkar, it establishes a sovereign, socialist, secular, and democratic republic with federal structure and parliamentary governance. Check the key facts about the Indian Constitution:

Timeline and Core Features

• World's Longest Written Constitution: It is the most extensive written constitution globally.

• Adoption Date: November 26, 1949.

• Enforcement Date: January 26, 1950. This date was chosen to commemorate the declaration of Purna Swaraj (Complete Independence) on January 26, 1930.

• Initial Structure: 395 Articles, 22 Parts, and 8 Schedules.

• Current Structure: Over 470 Articles (counting sub-articles), 25 Parts, and 12 Schedules.

The Constituent Assembly

• Initial Idea: The proposal for a Constituent Assembly was first put forward by M.N. Roy in 1934.

• Membership: The Assembly initially had 389 members before India's partition, which reduced the number to 299.

• Signatories: The final version of the Constitution was signed by 284 members.

• Women Members: The Assembly included 15 women members, often regarded as the "Founding Mothers."

• Committees: There were a total of 22 committees, with the most important being the Drafting Committee, chaired by Dr. B.R. Ambedkar.

• Architect of the Constitution: Dr. B.R. Ambedkar is known as the Architect of the Indian Constitution.

• Time Taken: The entire drafting process spanned 2 years, 11 months, and 18 days.

• Decision-Making: Most decisions were made through unanimous consensus, rather than voting.

• Sittings: The Assembly held 165 sittings for debates and discussions.

• Total Cost: The approximate cost of drafting was ₹64 lakh.

Creation and Design

• Handwritten Document: The Constitution was meticulously handwritten (calligraphed), not typed or printed.

• Calligrapher: The original English version was written by Prem Behari Narain Raizada.

• Artwork and Decoration: Artists from Shantiniketan, led by Nandalal Bose, decorated the original manuscript. Each part begins with a unique illustration, for example, Fundamental Rights starts with a depiction of Lord Rama, Sita, and Lakshmana.

• Original Languages: It was written in both Hindi and English.

Legal and Structural Milestones

• Sources: Provisions were borrowed from approximately 10 countries:

• USA: Fundamental Rights

• Ireland: Directive Principles of State Policy

• UK: Parliamentary System of Government

• Preamble: Amended only once by the 42nd Constitutional Amendment in 1976, adding "Socialist" and "Secular".

• The Supreme Court's stance evolved:

1. Berubari Union Case (1960): Preamble was not part of the Constitution.

2. Kesavananda Bharati Case (1973): Overruled the prior decision, declaring the Preamble an integral part of the Constitution and its "Basic Structure."

• Official Languages: The 8th Schedule initially recognized 14 languages, now increased to 22 languages. Notably, Nepali is an official language, but English is not, despite its mandated use in Supreme and High Courts under Article 348.

• Fundamental Duties: These were not in the original Constitution. They were added via the 42nd Amendment in 1976, an extensive amendment often called the "Mini-Constitution."

• Right to Property: Originally a Fundamental Right, it was removed by the 44th Constitutional Amendment in 1978. It now exists as a legal right under Article 300-A.

Defining Qualities of the Indian Constitution

Dr. Ambedkar described the Constitution as a "workable, flexible, and strong document." Its key characteristics include:

1. A Blend of Flexibility and Rigidity: The Constitution is flexible enough to be amended to meet evolving societal needs, evidenced by over 106 amendments. Simultaneously, it is rigid because its complex amendment process prevents arbitrary changes, aligning with Jeremy Bentham's principle that a good law must evolve with society.

2. Guarantee of Fundamental Rights & Rule of Law: The Constitution grants fundamental rights to citizens and establishes the Rule of Law, ensuring everyone is equal before the law.

Comparative Structure: Rule of Law Versus Rule by Law

Rule of Law means laws govern everyone equally, protecting rights and limiting state power. Rule by Law, in contrast, uses laws as tools of control, allowing authorities to enforce rules selectively to serve political interests rather than justice and fairness.

Explore the Judiciary Coaching to access essential resources for Judiciary exam preparation, including detailed insights and strategies. Dive into the Judiciary for structured courses and focused study plans designed to help aspirants excel in their exams.