Story of the Constitution of India

Historical Context

• The Constitution's story begins before the Constituent Assembly in 1946.
• Adoption on November 26, 1949, and effective from January 26, 1950.

Colonial Roots

• Early influences from British colonial settlements in India.
• Mughal era was monarchic and did not align with British governance ideals.
• British governance began in earnest in 1858 post the 1857 mutiny.
• East India Company’s charter was the start of legal frameworks in India.

Key Legislative Acts

• Charter Acts: Enabled British administration in India.
• Indian Council Act 1861: Introduced cabinet system and legislative councils. Limited Indian participation.
• Indian Council Act 1892: Expanded representation and introduced indirect elections.
• Government of India Act 1919: Introduced diarchy at the provincial level.
• Government of India Act 1935: Established federal structure, but provincial autonomy on paper. Diarchy was retained at the center.

Early Attempts at Constitution Making

• Constitution of India Bill 1895: First known attempt, associated with Bal Gangadhar Tilak.
• Commonwealth of India Bill 1925: Proposed fundamental rights, drafted by Annie Besant.
• Nehru Report 1928: Emphasized written fundamental rights for minorities.
• Sapru Committee Report 1945: Suggested incorporation of fundamental rights.

Demand for Constituent Assembly

• 1934: Indian National Congress demands a Constituent Assembly.
• Cripps Mission (1942): Proposed an elected body for a new constitution; rejected by Indians.
• 1945: Labour government in Britain ordered elections to form the Assembly.

Composition and Functioning of the Constituent Assembly

• Comprised of 299 members: 229 elected and 70 nominated.
• Led by Dr. B.R. Ambedkar as the drafting committee chairman.
• Women representation: 15 women members active in discussions.
• Drafting process from December 1946 to August 1947, adopted on November 26, 1949.

Salient Features of the Constitution

• Lengthiest constitution globally, originally 395 articles.
• Fundamental Rights: Enshrined in Part 3, prohibitions against the state.
• Directive Principles of State Policy: Non-justiciable, but guide governance.
• Welfare State: Aims included in directive principles.
• Centralization: Strong central tendency despite federal structure.
• Universal Adult Suffrage: Voting rights for all adults above 18.
• Independent Judiciary: Resolved disputes and protected rights.
• Single Citizenship: No dual citizenship in federal structure.
• Fundamental Duties: Enshrined in Part 4A, Article 51A, outlining citizen responsibilities.