Notes on the Constitution of India Lecture

Introduction

• The story of the Constitution of India starts before the Constituent Assembly meeting in 1946.
• Adoption on 26th November 1949 and enforcement on 26th January 1950.

Early Influences on Indian Governance

• British colonial settlements began in the early 17th century.
• The Mughal era's governance did not align with British political values.
• After the 1857 mutiny, British political control shifted from the East India Company to the Crown.
• Initial legal and administrative systems were influenced by British models.

Legislative Developments Before Independence

• Indian Councils Act 1861: Introduced a cabinet system with non-official Indian members.
• Indian Councils Act 1892: Expanded legislative councils; introduced some elections.
• Morley-Minto Reforms (1909): Further increased legislative council sizes, introduced indirect elections.
• Government of India Act 1919: Introduced diarchy in provinces, but not at the center.
• Government of India Act 1935: Significant for establishing features later seen in the Constitution; federal structure proposed.

Early Constitutional Proposals

• Unknown Author Bill (1895): First attempt at constitutional drafting, associated with Bal Gangadhar Tilak.
• Commonwealth of India Bill (1925): Drafted by Annie Besant; included proposals for fundamental rights.
• Nehru Report (1928): Emphasized written fundamental rights amid growing communal tensions.
• Sapru Committee Report (1945): Addressed rights for minorities; distinguished between justiciable and non-justiciable rights.

Formation of the Constituent Assembly

• Demand for a Constituent Assembly was initiated by the Indian National Congress in 1934.
• The Cripps Mission (1942) proposed a new constitution framework, but was rejected.
• The Labour government in Britain ordered elections for provincial legislatures in 1945-46.
• Constituent Assembly had 299 members, indirect elections from provincial legislatures.

Composition and Functioning of the Constituent Assembly

• 229 members from provinces and 70 from princely states.
• Dr. B.R. Ambedkar served as chairman of the drafting committee.
• The assembly met from December 1946 to August 1947 for deliberations.
• Final constitution presented in November 1949 after 166 days of discussions.

Salient Features of the Indian Constitution

• Length and Structure: Originally 395 articles, 22 parts, 8 schedules; amendments ongoing.
• Fundamental Rights: Enshrined in Part 3; protections against state actions.
• Directive Principles of State Policy: Located in Part 4; aims for governance, non-justiciable.
• Federal Structure: Power divided between center and states; strong centralizing tendencies.
• Universal Adult Suffrage: Right to vote for all citizens above 18.
• Independent Judiciary: Custodian of rights, resolves disputes.
• Single Citizenship: One citizenship status for all.
• Fundamental Duties: Article 51A outlines duties of citizens.

Conclusion

• The Constitution of India is a comprehensive document reflecting historical struggles and aspirations of the people.