Lecture Notes: The Story of the Constitution of India

Early Beginnings

• Colonial Influences: The framework of the Indian Constitution dates back to early British colonial settlements.
• Pre-British Era: The Mughal period was monarchic and did not reflect British governance structures.
• British Control: Post-1857 mutiny, British sovereignty replaced the East India Company.

Development of Administrative Systems

• Charter Acts: Initiated legal and administrative systems in British-held territories.
• Post-1857 Reforms: Changes in governance post the First War of Independence.
• Indian Council's Act 1861: Introduced cabinet administration and legislative powers in provinces.

Nationalist Movement and Reforms

• Rise of Nationalism: Indian National Congress and Western-educated intelligentsia pushed for greater Indian participation.
• Indian Council Act 1892 & 1909: Increased legislative council members and introduced indirect elections.

Steps Towards Self-Governance

• Government of India Act 1919: Introduced diarchy in provinces, but central governance remained unitary.
• Government of India Act 1935: Proposed an All India Federation and introduced key features like provincial autonomy.

Early Constitution-Making Attempts

• Constitution of India Bill 1895: Attributed to Bal Gangadhar Tilak, proposed self-government within British Empire.
• Commonwealth of India Bill 1925: Drafted by Annie Besant, included fundamental rights and reflected in 1950 Constitution.
• Nehru Report 1928: Emphasized written fundamental rights.
• Sapru Committee Report 1945: Distinguished justiciable and non-justiciable rights.

Formation of the Constituent Assembly

• Demand for Constituent Assembly: Initiated by Indian National Congress in 1934.
• Cripps Mission 1942: Proposed elected body for a new constitution.
• Cabinet Mission 1946: Set up machinery for Indians to draft their own constitution.

Composition and Functioning of the Constituent Assembly

• Members and Process: 299 members, including women; worked through committees.
• Dr. B.R. Ambedkar: Chairman of drafting committee.
• Deliberations: Resulted in the adoption of the Constitution on 26 November 1949.

Key Features of the Indian Constitution

• Length and Detail: World's longest constitution with extensive articles and schedules.
• Fundamental Rights and Directive Principles: Balance between individual rights and state policy.
• Sovereign Socialist Secular Democratic Republic: Key terms defining India's character.
• Federal Structure with Centralizing Tendencies: Power distribution, yet strong central influence.
• Universal Adult Suffrage: Right to vote for all adults above 18 years.
• Independent Judiciary: Ensures rights protection and conflict resolution.
• Single Citizenship: Unified citizenship despite federal structure.
• Fundamental Duties: Duties expected from citizens, enshrined in the Constitution.