Lecture Notes: The Constitution of India

Introduction

• Timeline
  • Constituent Assembly met in 1946
  • Adopted Constitution on November 26, 1949
  • Enforced on January 26, 1950
• Origins
  • Rooted in Colonial British settlements
  • Preceded by Mughal era monarchy

British Influence

• Trade and Governance
  • East India Company’s role since the 17th century
  • Political and legal structures influenced by English systems
• Charter Acts
  • Legal and administrative system developed

Post-1857 Developments

• Sovereignty of Britain
  • Shift from East India Company to British rule after 1857 Mutiny
• Indian Councils Acts
  • 1861 Act introduced cabinet system
  • 1892 Act increased council representation and introduced elections
  • 1909 Act allowed indirect elections
  • 1919 Act introduced diarchy and legislative councils

Government of India Act 1935

• Proposed an all-India Federation
• Introduced provincial autonomy and federal structure
• Established the Federal Court

Early Constitution Proposals

• Swaraj Bills
  • Constitution of India Bill 1895
  • Commonwealth of India Bill 1925
• Nehru Report
  • Drafted in response to Simon Commission
  • Emphasized fundamental rights
• Sapru Committee report
  • Differentiated between justiciable and non-justiciable rights

Constituent Assembly

• Formation

  • Demand initiated in 1934 by Indian National Congress
  • Cripps Mission in 1942 proposed elected body
  • Cabinet Mission 1946 facilitated creation

• Composition and Functioning

  • 299 members: 229 from provinces, 70 from princely states
  • Functioned as national legislature and drafting body
  • Drafting committee led by Dr. B.R. Ambedkar
  • Adopted on November 26, 1949 after 166 days

Features of the Constitution

• Length and Detail

  • 395 articles originally, divided into 22 parts

• Sovereignty and Republic

  • Establishes India as a sovereign, socialist, secular, democratic republic

• Parliamentary Government

  • Modeled after British system with responsible government

• Fundamental Rights and Duties

  • Part III: Fundamental Rights
  • Part IVA: Fundamental Duties

• Directive Principles of State Policy

  • Non-justiciable but guide governance

• Federal Structure

  • Strong centralizing tendency
  • Single citizenship

• Judiciary

  • Independent and impartial

• Universal Adult Suffrage

  • Voting rights for all adults over 18

Conclusion

• The Indian Constitution reflects a blend of various influences and is marked by its comprehensive coverage and profound impact on governance and rights.