Lengthiest Written Constitution in the World

At a Glance

• What it is The Indian Constitution is the lengthiest of all the written Constitutions of the world, a comprehensive, elaborate and detailed document
• Originally (1949) A Preamble, 395 Articles in 22 Parts, and 8 Schedules
• Presently A Preamble, about 470 Articles in 25 Parts, and 12 Schedules
• Four reasons for the size Geographical, historical, a single Constitution for the Centre and the states, and the dominance of legal luminaries in the Constituent Assembly
• Critics Sir Ivor Jennings called it too long and complicated; H.V. Kamath called it the bulkiest the world has produced
• Exam link UPSC Prelims, Polity: Salient Features

Where Does It Fit?

This is the first of the salient features of the Indian Constitution. The earlier category explained the basic concepts, such as written and unwritten constitutions. Here the first of those ideas is applied to India: the Constitution is written, and it is the lengthiest written Constitution in the world.

How Long Is the Constitution?

Constitutions are classified into written, like the American Constitution, or unwritten, like the British Constitution. The Constitution of India is the lengthiest of all the written Constitutions of the world.

The various amendments carried out since 1951 have deleted about 20 Articles and one Part (Part VII), and added about 95 Articles, four Parts (IV-A, IX-A, IX-B and XIV-A) and four Schedules (the Ninth, Tenth, Eleventh and Twelfth). No other Constitution in the world has so many Articles and Schedules.

By way of comparison, the American Constitution originally consisted of only 7 Articles, the Australian 128, the Chinese 138 and the Canadian 147.

Why Is It So Long?

Four factors have contributed to the size of the Constitution.

1. Geographical factors: the vastness of the country and its diversity.
2. Historical factors: the influence of the Government of India Act of 1935, which was bulky.
3. A single Constitution for both the Centre and the states: the Constitution deals with the organisation of the Central and state governments in the same document.
4. Dominance of legal luminaries in the Constituent Assembly.

The Constitution contains not only the fundamental principles of governance but also detailed administrative provisions. Matters that in other modern democratic countries have been left to ordinary legislation or established political conventions have also been included in the constitutional document itself in India.

What About the Constitution of Jammu and Kashmir?

Till 2019, the erstwhile State of Jammu and Kashmir had its own constitution and enjoyed a special status by virtue of Article 370. In 2019 this special status was abolished by a presidential order known as “The Constitution (Application to Jammu and Kashmir) Order, 2019”. The order superseded the earlier order of 1954 and extended all the provisions of the Constitution of India to Jammu and Kashmir. The Jammu and Kashmir Reorganisation Act, 2019 bifurcated the erstwhile state into two Union territories, Jammu and Kashmir, and Ladakh.

What Do the Critics Say?

The size of the Constitution has been criticised on two lines.

• Elephantine size: Critics stated that the Constitution is too bulky and too detailed and contains some unnecessary elements. Sir Ivor Jennings observed that the provisions borrowed were not always well selected, and that the Constitution, generally speaking, was too long and complicated. In the Constituent Assembly, H.V. Kamath remarked that the emblem selected for the Assembly was an elephant, and that perhaps in consonance with that, the Constitution too was the bulkiest that the world had produced.
• Paradise of the lawyers: Critics said the Constitution is too legalistic and complicated, and that its legal language makes it a complex document. Jennings called it a “lawyer’s paradise”. H.K. Maheswari said in the Assembly that the draft opens up vast avenues of litigation.

Why Is This Topic Important?

• Direct Prelims facts: The numbers of Articles, Parts and Schedules, originally and at present, can be asked directly.
• Link to the amendments: The additions and deletions show how amendments have changed the original features of the Constitution.
• A base for comparison: It sets India beside the American, Australian, Chinese and Canadian Constitutions.

What Came Next?

The next topic takes up the blend of rigidity and flexibility in the amendment process, another of the salient features.

Key People and Terms

• 395 Articles, 22 Parts, 8 Schedules The original size of the Constitution
• Government of India Act, 1935 A bulky Act whose influence added to the Constitution’s size
• Sir Ivor Jennings British constitutionalist; called the Constitution too long and complicated, and a lawyer’s paradise
• H.V. Kamath Constituent Assembly member who called it the bulkiest Constitution the world had produced
• Article 370 Gave Jammu and Kashmir a special status until 2019

Exam Corner

Mains Angle

Questions on this feature ask for its causes and its criticism. Use these points to add depth.

• Causes of the size: geography and diversity, the bulky 1935 Act, a single Constitution for the Centre and the states, and legal luminaries in the Assembly.
• Detail included: The Constitution includes administrative detail, and matters left to ordinary law or convention elsewhere.
• Growth by amendment: About 95 Articles, four Parts and four Schedules have been added since 1951, and about 20 Articles and Part VII deleted.
• Criticism: Jennings and Kamath spoke of its bulk, and Jennings and Maheswari of its legalism.