1. Lengthiest Written Constitution

  • Explanation: The Indian Constitution is the longest in the world, detailed with 470 Articles in 25 Parts and 12 Schedules, covering extensive governance aspects.
  • Examples: The Constitution includes both fundamental governance principles and specific administrative details, often left to legislation in other countries.

2. Drawn from Various Sources

  • Explanation: The Constitution adopts elements from multiple sources like the Government of India Act (1935), and the constitutions of the USA, Britain, Ireland, and others.
  • Examples: Fundamental Rights are inspired by the U.S. Constitution, while the concept of Directive Principles comes from Ireland.

3. Blend of Rigidity and Flexibility

  • Explanation: Certain amendments require a special majority in Parliament, while others need both Parliament and state ratifications, ensuring balance in adaptation.
  • Examples: Provisions like the fundamental structure require a two-thirds majority, while some are amendable by a simple majority.

4. Federal System with Unitary Bias

  • Explanation: India follows a quasi-federal system with central dominance but provides dual governance (Centre and States).
  • Examples: In emergencies, powers centralize, converting India into a unitary system temporarily.

5. Parliamentary Government

  • Explanation: Modeled after the British system, India’s Parliament operates with cooperative legislative and executive branches.
  • Examples: The Prime Minister leads, ministers hold collective responsibility, and the Lok Sabha (lower house) can dissolve under certain conditions.

6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy

  • Explanation: India blends British parliamentary supremacy with American judicial review.
  • Examples: The Supreme Court can nullify unconstitutional laws, while Parliament can amend much of the Constitution.

7. Integrated and Independent Judiciary

  • Explanation: A unified judicial system with the Supreme Court at the top, guaranteeing independent judiciary.
  • Examples: Judicial independence is safeguarded through fixed tenures, conditions, and non-interference provisions.

8. Fundamental Rights

  • Explanation: Six rights aim to foster democracy and prevent legislative overreach.
  • Examples: Rights include Equality (Articles 14-18) and Freedom (Articles 19-22), with the right to constitutional remedies (Article 32) as the ‘heart and soul’ of the Constitution.

9. Directive Principles of State Policy

  • Explanation: These are guidelines for creating a social and economic democracy, inspired by socialist and Gandhian values.
  • Examples: Includes promoting welfare, equal pay, and protecting childhood, though these are non-enforceable in courts.

10. Fundamental Duties

  • Explanation: Added in 1976, these duties remind citizens of their role in promoting national unity.
  • Examples: Duties include respecting the Constitution and fostering harmony, though non-justiciable.

11. Secular State

  • Explanation: India upholds no state religion, promoting liberty in religious practices and non-discrimination.
  • Examples: Article 25 ensures freedom of religion; Article 27 prohibits taxes for promoting a religion.

12. Universal Adult Franchise

  • Explanation: Citizens 18+ can vote without discrimination, a bold move for a large and diverse country.
  • Examples: Universal voting rights enhance democracy and equal representation for all social sections.

13. Single Citizenship

  • Explanation: Unlike federal systems with dual citizenship, India provides single citizenship for equality among all Indians.
  • Examples: Rights are uniform across the country, unlike in the USA, where state-specific rights apply.

14. Independent Bodies

  • Explanation: Independent agencies ensure democratic integrity.
  • Examples: The Election Commission, CAG, and UPSC ensure fair elections, financial accountability, and impartial civil service appointments.

15. Emergency Provisions

  • Explanation: Emergency articles empower the President to manage crises, converting federal governance to unitary temporarily.
  • Examples: National Emergency (Article 352), State Emergency (Article 356), and Financial Emergency (Article 360).

16. Three-tier Government

  • Explanation: The Constitution includes Panchayats and Municipalities, forming a unique three-tier system.
  • Examples: The 73rd and 74th Amendments provide local self-governance for rural and urban areas, enhancing democracy at grassroots.

17. Cooperative Societies

  • Explanation: Recognized in 2011, cooperative societies receive constitutional protection for democratic function.
  • Examples: Article 19 guarantees the right to form cooperatives; Article 43-B encourages state support for cooperatives.

Criticism of the Constitution

  • Explanation: Critics label it as a “borrowed” or “carbon copy” of previous laws, like the 1935 Act, with debates on originality and practical suitability to India’s unique conditions.
  • Examples: Concerns include the length of the document, being overly legalistic, and alleged exclusion of Gandhian ideals.

Further Criticism of the Indian Constitution

1. A “Borrowed” Constitution

  • Explanation: Critics argue the Indian Constitution lacks originality, drawing heavily from other countries’ constitutions.
  • Examples: Provisions like Fundamental Rights mirror the U.S. Constitution, while the Directive Principles are adapted from Ireland. Critics, however, overlook the extensive modifications made to fit India’s needs, as emphasized by Dr. B.R. Ambedkar.

2. A “Carbon Copy” of the 1935 Government of India Act

  • Explanation: Approximately half of the Indian Constitution’s provisions closely resemble the Government of India Act of 1935, leading to criticism that it’s merely a revised version.
  • Examples: Features like the federal scheme, office of the Governor, and emergency provisions closely mirror the 1935 Act. Dr. Ambedkar defended these choices, stating that some foundational governance principles need not be reinvented.

3. “Un-Indian” or “Anti-Indian” Elements

  • Explanation: Critics argue that the Constitution reflects Western ideals more than Indian ethos and lacks resonance with traditional Indian values.
  • Examples: This critique stems from a view that Western-style democracy and secularism were imposed, potentially disconnecting the governance framework from local socio-cultural roots. Critics like K. Hanumanthaiya noted a preference for Indian instruments like the “Veena” over the “English band.”

4. An “Un-Gandhian” Constitution

  • Explanation: The Constitution is sometimes criticized for not embodying Gandhian principles, particularly in its structure and focus.
  • Examples: Mahatma Gandhi advocated for village-based governance. The Constitution, however, leans towards a centralized state structure rather than a decentralized village-centered approach, though Panchayati Raj was introduced later via amendments.

5. Size and Complexity – An “Elephantine” Constitution

  • Explanation: Critics like Sir Ivor Jennings consider the Constitution unnecessarily bulky and complex, noting that its detailed language can hinder straightforward interpretation.
  • Examples: H.V. Kamath humorously remarked that the Constitution’s emblem (the elephant) reflects its large size, pointing out extensive legal language that could have been condensed.

6. A “Paradise for Lawyers”

  • Explanation: The Constitution’s intricate legal language and procedural complexity make it challenging for the layperson, potentially leading to frequent legal disputes.
  • Examples: The Constitution’s detailed structure allows for extensive interpretation, leading some critics to label it as a “lawyer’s paradise,” potentially encouraging litigation over clarity.

Positive Aspects Despite Criticism

  1. Adaptability and Resilience
    • The Constitution’s blend of flexibility and rigidity has allowed it to adapt to India’s changing socio-political landscape. Its adaptability has been key to India’s stability and resilience despite criticism.
  2. Balanced Governance Structure
    • The Constitution establishes a balance between centralized and federal governance, allowing India to maintain unity across its diverse states. It provides a structured system for democratic governance while ensuring judicial oversight.
  3. Protection of Rights
    • Fundamental Rights and Directive Principles collectively aim to uphold both political and socio-economic democracy. These provisions work to empower citizens, offering judicial remedies for rights infringements and directing the state to promote welfare.
  4. Incorporation of Local Governance
    • The introduction of Panchayats and Municipalities through the 73rd and 74th Amendments integrated Gandhian principles of self-governance, fostering grassroots democracy and bringing government closer to the people.