The Longest Written Constitution in the World: A Unique Perspective on India's National Law Day

India's Constitution, adopted on November 26, 1949, and brought into effect on January 26, 1950, stands as the longest written constitution in the world. Comprising 117,369 words, it significantly outstrips the 1901 Constitution of the State of Alabama, which consists of 388,882 words.

The Historical Context and Debate

The Indian Constitution's adoption on November 26, 1949, was the culmination of extensive debates within the Constituent Assembly, spanning 12 volumes. This prolonged period of deliberation resulted in the creation of a document that encapsulates the diverse needs and aspirations of the Indian populace. The draft was prepared by a committee under the chairmanship of Dr. B.R. Ambedkar, who presided over 11 sessions between December 9, 1946, and January 24, 1950. Over 2,000 amendments were proposed and discussed during this time.

Key Features and Observances

National Law Day, also known as Samvidhan Divas, is observed annually on November 26 to commemorate the adoption of the Indian Constitution. This constitutional document provides extensive guidelines and rights, making it a cornerstone of governance in India. The Indian Constitution is known for its comprehensive nature, covering fundamental rights, directive principles of state policy, and the structure and functioning of the government.

Divisive and Unitary Elements

One of the most notable aspects of the Indian Constitution is its balanced approach to rigidity and flexibility. As per Article 368, the Parliament can make amendments to the Constitution as needed, but the basic structure cannot be altered. Any change that violates the basic framework is deemed unconstitutional and nullified by the courts. Unlike the USA, which allows for dual citizenship, India has recognized only single citizenship, ensuring that all citizens are citizens of the whole country.

Provision of Universal Adult Franchise

The Indian Constitution promotes the principle of one person, one vote through universal adult franchise, granting the right to vote to every individual aged 18 and above, regardless of gender, race, religion, etc. This broadens democratic participation and ensures that all voices are heard.

Unique Federal Characteristics

The Constitution of India includes federal characteristics such as a dual government system, constitutional supremacy, an independent judiciary, and bicameralism, which are typical of federal systems. However, it also includes unitary elements like a strong center, all-India services common to the center and states, and emergency provisions that can transform the Constitution into a unitary system if necessary. The appointment of governors by the president, based on the advice of the center, is another unitary feature.

Unlike the United States

Another distinguishing feature of the Indian Constitution is its judicial system, which differs from that of the United States. In India, there is a hierarchy of courts, including state and district high courts under the supervision of the Supreme Court. This structure ensures a decentralized but unified system of justice, contrasting with the two-tiered system in the USA.

Conclusion

The Indian Constitution is a testament to the inclusive and meticulous process of governance that India has adopted. Its length, reflecting the multitude of topics and diverse perspectives, ensures that it remains a dynamic and relevant document in a diverse and populous nation. The annual observance of National Law Day underscores the importance of the Constitution as a unifying force and guide for future generations.