Lecture Notes on the Constitution of India

Introduction to the Constitution of India

• Historical Context:
  • Story begins before 1946, with the meeting of the Constituent Assembly on 26 Nov 1949, and adoption on 26 Jan 1950.
  • Colonial British settlements established the initial administrative and legal framework in India.

British Influence on Early Governance

• Mughal Era: Monarchic structure did not align with British governance goals post-1858.
• East India Company:
  • Established legal and administrative systems; laid groundwork for constitutional values.
  • Charter Acts contributed to legal framework development in India.

Post-Mutiny Changes

• 1857 Rebellion Outcome:
  • Shift from East India Company to direct British rule in India.
  • Need for Indian participation due to growing discontent highlighted by Syed Ahmed Khan.
• Indian Council Act 1861: Introduced cabinet system, but Indian participation remained limited.

Growth of Nationalism and Legislative Changes

• Indian National Congress Formation: Late 19th century marked the rise of national movements.
• Indian Council Act 1892:
  • Increased representation and partially introduced elections.
• Indian Council Act 1909 (Morley-Minto Reforms):
  • Introduced indirect elections and expanded discussions in councils.
• Government of India Act 1919:
  • Montagu-Chelmsford reforms aimed at increasing Indian administrative participation.
  • Introduced diarchy at the provincial level without full implementation at the center.
• Government of India Act 1935:
  • Proposed an All India Federation but was not realized; established federal structure with a federal court.

Early Attempts at Constitution Making

• Unknown Author Bill (1895):
  • First draft of a constitution; influenced by Bal Gangadhar Tilak's Swaraj ideals.
  • Included rights like free education and free speech.
• Commonwealth of India Bill (1925):
  • Drafted by Annie Besant, included fundamental rights.
• Nehru Report (1928):
  • Emphasized written fundamental rights due to communal tensions.
• Sapru Committee Report (1945):
  • Addressed fundamental rights and concerns of minority communities.

Formation of the Constituent Assembly

• Demand for Constituent Assembly (1934):
  • Strongly advocated by the Indian National Congress.
• Cripps Mission (1942): Proposed constitutional framing but was rejected.
• Labour Government in Britain (1945):
  • Ordered elections for provincial legislatures to elect the Constituent Assembly members.

Composition and Functioning of the Constituent Assembly

• Membership: 299 members; 229 from provinces, 70 from princely states.
• Role of Experts: Talwads like B. N. Rao assisted with constitutional drafting.
• Committees: Eight committees were formed, with Dr. B.R. Ambedkar leading the drafting committee.
• Deliberation Period: Lasted from December 1946 to August 1947; final document presented in November 1949.

Salient Features of the Constitution of India

• Length: 395 articles, 22 parts, and 8 schedules; the longest in the world.
• Core Principles:
  • Sovereign, socialist, secular, democratic republic.
  • Parliamentary form of government established.
• Fundamental Rights and Directive Principles:
  • Fundamental Rights (Part 3): Protect citizens from state infringement.
  • Directive Principles (Part 4): Aims to guide governance, non-justiciable but important for elections.
• Centralizing Tendency: Strong central powers despite federal structure.
• Universal Adult Suffrage: Right to vote for all citizens above 18.
• Independent Judiciary: Custodian of rights, arbiter of disputes.
• Single Citizenship: No dual or state citizenship.
• Fundamental Duties: Article 51A prescribes duties of citizens.

Conclusion

• The Constitution of India is a significant document reflecting the historical evolution of governance in India, embodying fundamental rights, democracy, and social justice.