Notes on the Constitution of India Lecture

Introduction

• The story of the Constitution of India began before the Constituent Assembly meeting in 1946.
• Constitution adopted on 26 November 1949 and enforced on 26 January 1950.

Historical Context

• Colonial British Settlements: Political and administrative habits began in the 17th century.
• Mughal Era: Monarchic period prior to British governance.
• 1858: British began serious governance after the Mutiny of 1857.
• East India Company: Initiated legal and administrative systems, leading to the first attempts at constitutional values in India.
• Various Charter Acts passed by the Crown.

British Reforms in India

1. Indian Council Act 1861:

   • Introduced Cabinet system and legislative councils with limited Indian participation.
   • Initiated legislative devolution.

2. Indian Council Act 1892:

   • Increased legislative council membership and introduced indirect elections.
   • Laid the foundation for representative government.

3. Government of India Act 1919 (Montagu-Chelmsford Reforms):

   • Introduced diarchy in provinces, but not at the center.
   • Governor-General maintained overriding powers.

4. Government of India Act 1935:

   • Provided an All India Federation concept but was never realized.
   • Established federal legislature and federal court.
   • Introduced provincial autonomy.

Early Attempts at Constitution Making

• Unknown Author Bill (1895): First attempt at drafting a constitution; attributed to Bal Gangadhar Tilak.
• Commonwealth of India Bill (1925): Drafted under Annie Besant; included seven fundamental rights.
• Nehru Report (1928): Emphasized written fundamental rights amidst communal tensions.
• Sapru Committee Report (1945): Proposed incorporation of fundamental rights, distinction of rights into justiciable and non-justiciable.

Demand for a Constituent Assembly

• 1934: Demand by Indian National Congress for a Constituent Assembly.
• Cripps Mission (1942): Proposed an elected body to frame a new constitution.
• Cabinet Mission (1946): Aimed to set up a machinery for constitution-making, but faced opposition from Muslim League.

Composition and Functioning of the Constituent Assembly

• Composed of 299 members: 229 from provinces, 70 from princely states.
• Led by Dr. B.R. Ambedkar as the chairman of the drafting committee.
• Women representation: Notable women members present.
• Deliberations from December 1946 to August 1947; final version presented in November 1949.

Adoption of the Constitution

• 26 November 1949: Final document adopted after 166 days of debates.
• This day is observed as Constitution Day in India.

Salient Features of the Constitution

• Length: The longest and most detailed constitution in the world; originally had 395 articles.
• Fundamental Rights (Part 3): Prohibitions against state infringement; not absolute rights.
• Directive Principles of State Policy (Part 4): Aims to guide governance; non-justiciable but important for evaluating government performance.
• Welfare State Principles: Incorporated into directive principles.
• Federal Structure: Clear division of powers; strong centralizing tendency.
• Universal Adult Suffrage: Right to vote for all citizens over 18.
• Independent Judiciary: Acts as custodian of people's rights.
• Single Citizenship: No dual or state citizenship in India.
• Fundamental Duties (Part 4A): Duties expected of citizens with potential legal consequences.