Who named indian constitution as heaven of the lawyer's paradise?
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A criticism against the Indian Constitution because of its length and elaborate legal language is that it is “A Lawyers’ Paradise”.
Making a general comment on the Constitution, one member in the Constituent Assembly observed, “The draft tends to make people more litigious, more inclined to go to law courts, less truthful and less likely to follow the methods of truth and non-violence. If I may say so, the Draft is really a lawyers’ paradise. It opens up vast avenues of litigation and will give our able and ingenious lawyers plenty of work to do”.
Many members of the Constituent Assembly were "lawyer-politicians". And therefore it was maintained that because the Drafting Committee was consisted of mostly lawyers and as lawyer’s minds are prone to verbiage, arguments, twisting and bending of words, they deliberately made the Constitution a long and complex document. They have made the constitution not only long, but also extremely complicated.
Ivor Jennings has described our constitution as a 'lawyer's paradise'. Jennings said that a constitution should be intelligible to common people, but they fail to clearly understand the Indian constitution which is very complex. Every article of this constitution can be interpreted by the higher judiciary, and lawyers, while interpreting, different articles, further complicate the constitution.
It is true that the Constitution is a long and complex document. The long size and the complexity was the result of many contributory factors. But the fact that it is a long document and therefore it is prone to be a source of litigation is not correct.
Making a general comment on the Constitution, one member in the Constituent Assembly observed, “The draft tends to make people more litigious, more inclined to go to law courts, less truthful and less likely to follow the methods of truth and non-violence. If I may say so, the Draft is really a lawyers’ paradise. It opens up vast avenues of litigation and will give our able and ingenious lawyers plenty of work to do”.
Many members of the Constituent Assembly were "lawyer-politicians". And therefore it was maintained that because the Drafting Committee was consisted of mostly lawyers and as lawyer’s minds are prone to verbiage, arguments, twisting and bending of words, they deliberately made the Constitution a long and complex document. They have made the constitution not only long, but also extremely complicated.
Ivor Jennings has described our constitution as a 'lawyer's paradise'. Jennings said that a constitution should be intelligible to common people, but they fail to clearly understand the Indian constitution which is very complex. Every article of this constitution can be interpreted by the higher judiciary, and lawyers, while interpreting, different articles, further complicate the constitution.
It is true that the Constitution is a long and complex document. The long size and the complexity was the result of many contributory factors. But the fact that it is a long document and therefore it is prone to be a source of litigation is not correct.
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India is the largest democratic country in the world and the base of our democracy is our honorable constitution.
Our constitution is the world's largest written constitution which describes all rules, regulations and laws to efficiently maintain our political and judicial ecosystem.
For this brief explanation Sir Ivor Jennings named our constitution as the "Heaven of the lawyer's paradise."
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