The formation of the Constitution began long before the Constituent Assembly in 1946.
The foundation can be traced to British colonial settlements and administrative systems since the early 17th century.
The English, through the East India Company, started building legal and administrative systems based on English laws.
Historical Context
After the 1857 mutiny, the British Crown took control from the East India Company.
The Indian Council's Act of 1861 introduced limited Indian participation in administration.
Subsequent Acts like the Indian Council Act 1892 and 1909 initiated representative governance elements.
Key Legislative Developments
Indian Council Act 1892: Introduced more elective elements, increasing council members' numbers and roles.
Indian Council Act 1909 (Morley-Minto Reforms): Further expanded legislative councils and introduced indirect elections.
Government of India Act 1919 (Montagu-Chemsworth Reforms): Created provinces' diarchy, increased Indian administrative roles.
Government of India Act 1935: Proposed an All India Federation and provincial autonomy. Introduced the idea of federalism.
Early Constitution Drafts
Constitution of India Bill 1895: Known as the Swaraj Bill, emphasized self-governance within the British Empire.
Commonwealth of India Bill 1925: Drafted by Annie Besant, emphasizing fundamental rights and equality.
Nehru Report 1928: Proposed a written constitution guaranteeing fundamental rights.
Sapru Committee Report 1945: Distinguished between justiciable and non-justiciable rights.
Constituent Assembly and Constitution Formation
Demand for a Constituent Assembly traced back to 1934 by the Indian National Congress.
The Cripps Mission in 1942 proposed an elected body to frame a new constitution.
The Constituent Assembly was formed post-1946 elections, with representatives elected by provincial legislatures.
The Assembly had 299 members, including 229 from provinces and 70 from princely states.
Dr. B.R. Ambedkar led the drafting committee.
The final Constitution was adopted on 26 November 1949, marking Constitution Day.
Salient Features of the Indian Constitution
Lengthiest Constitution: Initially had 395 articles, now has expanded with amendments.
Fundamental Rights and Directive Principles: Fundamental rights protect citizens against state actions; directive principles guide governance but are non-justiciable.
Sovereign Socialist Secular Democratic Republic: Envisioned a government with no official religion, governed by elected representatives.
Parliamentary System: Modeled after the British system, responsible to the legislature.
Federal Structure with Centralizing Tendencies: Power distribution between the center and states, with a strong central government, especially during emergencies.
Universal Adult Suffrage: Voting rights granted to all citizens over 18 without discrimination.
Single Citizenship: Despite federalism, there's only one citizenship across India.
Independent Judiciary: Ensures rights protection and resolves central vs. state disputes.
Fundamental Duties: Enshrined in the Constitution, prescribing citizens' duties.