Lecture Notes: The Constitution of India

Introduction

• The Constitution of India has its roots well before the constituent assembly met in 1946.
• Adopted by the constituent assembly on 26th November 1949, and came into effect on 26th January 1950.

Early Influences

• Colonial British settlements influenced the administrative framework.
• The Mughal era, preceding British rule, was monarchic, not reflecting British value systems.
• After the Mutiny of 1857, the British began to establish legal and administrative systems.

Key Legislative Acts

Charter Acts

• Initiated systems and constitutional values in India, reflecting British political and legal systems.

Indian Council's Acts

• 1861 Act: Introduced the cabinet system, but Indian participation was minimal.
• 1892 Act: Changed council compositions, introduced representative government principles.

Minto-Morley Reforms

• 1909 Act: Introduced indirect elections and increased legislative body sizes.

Montagu-Chelmsford Reforms

• 1919 Act: Aimed at increasing Indian involvement; introduced 'dyarchy' in provinces.

Government of India Act, 1935

• Proposed Federation, provincial autonomy, beginning of federalism.
• Established Federal Court with dispute jurisdiction.

Early Attempts at Constitution Making

Constitution of India Bill, 1895

• Attributed to Bal Gangadhar Tilak, called the 'Swaraj Bill'.
• Proposed rights such as free speech and education.

Commonwealth of India Bill, 1925

• Drafted under Annie Besant, included fundamental rights like free assembly.

Nehru Report, 1928

• Response to Simon Commission, emphasized written fundamental rights.

Sapru Committee Report, 1945

• Distinguished between justiciable and non-justiciable rights.

Constituent Assembly Formation

Early Proposals

• Indian National Congress demanded a constituent assembly in 1934.

Cripps Mission, 1942

• Proposed elected body for constitution framing.

Cabinet Mission Plan, 1946

• Led to elections for the assembly, though indirect, not a universal franchise.

Functioning of the Constituent Assembly

Composition and Expertise

• Composed of 299 members both elected and nominated.
• Expert assistance, such as B.N. Rau, was instrumental.

Committees and Drafting

• Constituent assembly divided into committees led by key figures such as Dr. B.R. Ambedkar.
• Significant women's representation.

Adoption

• Debated amendments; Constitution adopted on 26th November 1949.

Salient Features of the Indian Constitution

Length and Detail

• Lengthiest constitution with 395 articles and 22 parts.

Sovereign, Socialist, Secular Democratic Republic

• Terms added/amended as per amendments like the 42nd Amendment of 1976.

Parliamentary Government

• Responsible government modeled on the British system.

Fundamental Rights

• Inspired by the U.S. Constitution, but balanced for state security needs.

Directive Principles

• Non-justiciable, but guide governance and are used to judge government performance.

Federal Structure with Centralizing Tendency

• Strong central government, but with state powers.

Universal Adult Suffrage

• Every citizen above 18 can vote without restrictions.

Independent Judiciary

• Resolves disputes, custodian of rights, federal dispute arbiter.

Single Citizenship

• Despite federal structure, only one citizenship.

Fundamental Duties

• Part of the constitution, detailing citizens' responsibilities.