Introduction

As we commemorate Constitution Day on November 26, marking the 18th occasion since 1956, it is pertinent to evaluate how the Indian Constitution compares to other significant constitutions globally. This scrutiny involves understanding the diverse origins, histories, and features of constitutional documents and identifying the attributes that elevate one above the other. One recent and extensive endeavor in this regard is the Comparative Constitutions Project (CCP) in collaboration with Google Ideas. This project compares over 190 constitutions across eight distinct indicators, offering valuable insights into what makes a constitution stand out.

Evaluation Criteria for Constitutions

To make informed comparisons, the CCP employs a set of standardized evaluation criteria. These include the year of enactment, scope, length, power distribution, formal powers, judicial independence, and the number of rights conferred. Each of these parameters provides a comprehensive framework for assessing the performative and functional aspects of constitutions. Here's a detailed look at each criterion:

Year of Enactment

The year of enactment reveals the historical context and the political climate under which a constitution was drafted. For instance, the Indian Constitution, enacted in 1950, reflects the post-colonial aspirations and democratic principles that shaped early independent India.

Scope and Coverage

The scope of a constitution is gauged by its coverage of 92 major topics, representing a broad spectrum of governmental and societal issues. This ensures that the document comprehensively addresses the diverse needs and complexities of the nation. The Indian Constitution, with its extensive coverage, stands out in this regard.

Length of the Constitution

The length of a constitution, measured in words, reflects the complexity and comprehensiveness of the document. The Indian Constitution, with 146,385 words, is notably lengthy. This length, however, is not unique, as several other constitutions exceed this figure. For example, the Malaysian Constitution (146,898 words) and the Brazilian Constitution (147,399 words) are comparable. Other constitutions like the United States (7,762 words) and South Korea (9,059 words) are much shorter, though still extensive.

Power Distribution

The power distribution among different branches of government, typically legislative, executive, and judiciary, is crucial. The Indian Constitution, often referred to as a 'fragmented constitution,' distributes a significant amount of power to the judiciary, which is notable among global constitutions.

Formal Powers Assigned to the Legislature

The extent to which the constitution assigns formal powers to the legislature is another critical factor. The Indian Constitution grants substantial legislative powers, including the ability to amend the constitution and make laws on a wide range of subjects.

Judicial Independence

The level of judicial independence is pivotal, as it ensures the integrity and stability of the legal system. The Indian Constitution has provisions that enhance judicial independence, including the appointment of judges by the President subject to the advice of the collegium of senior judges.

Number of Rights Bestowed

The number of rights specified in a constitution reflects the commitment to human rights and democracy. The Indian Constitution is renowned for its extensive list of fundamental rights, including the right to freedom, justice, equality, and non-discrimination. Other constitutions, such as those of South Africa and the Philippines, also offer a robust array of rights.

Conclusion

The Indian Constitution, while its size is a standout feature, is not the sole criterion for evaluating its quality. Its comprehensive scope, distribution of powers, and robust human rights provisions make it a unique and significant document. Comparative analyses conducted by projects like CCP provide valuable insights into what makes one constitution better than others. Such evaluations can guide ongoing reforms and improvements in constitutional governance worldwide.