Overview of the Constitution of India

Sep 25, 2024

Notes on the Constitution of India

Introduction

  • The story of the Constitution of India predates the Constituent Assembly's meetings in 1946 and its adoption on 26 November 1949.
  • The Constitution took effect on 26 January 1950.

Historical Context

Colonial Influence

  • The constitutional framework has roots in British colonial rule beginning from the early 17th century.
  • The Mughal era preceding British rule was characterized by monarchic governance.
  • The British established a legal and administrative system through the East India Company.

Key Acts and Developments

  • 1858: British political sovereignty emerges post-Indian Mutiny (1857).
  • Indian Council Act 1861: Introduces cabinet system, limited Indian participation.
  • Indian Council Act 1892: Increased representation and partially introduced elections. Considered a foundation for representative governance.
  • Government of India Act 1919: Introduces diarchy in provinces; increases Indian involvement but maintains British control at the center.
  • Government of India Act 1935: Proposes All India Federation; introduces federalism and provincial autonomy.

Early Constitutional Attempts

  • Unknown Author Bill (1895): First constitutional draft attributed to Bal Gangadhar Tilak; focuses on self-governance.
  • Commonwealth of India Bill (1925): Drafted by Annie Besant; included fundamental rights.
  • Nehru Report (1928): Calls for a written declaration of rights; framed by Motilal Nehru.
  • Sapru Committee Report (1945): Advocated for fundamental rights and civil rights for minorities.

Constituent Assembly Formation

  • 1934: Indian National Congress calls for a Constituent Assembly.
  • Cripps Mission (1942): Proposed an elected body for constitution-making.
  • Indian Independence Act (1947): Solidifies the sovereignty of the Constituent Assembly.
  • Constituent Assembly consisted of 299 members, with both elected and nominated representatives.

Constitution Making Process

  • Lasted from December 1946 to August 1947; finalized in November 1949.
  • Chaired by Dr. B.R. Ambedkar; included various committees for different aspects of the constitution.
  • Constitution Day: Celebrated on 26 November, marking the adoption of the constitution.

Salient Features of the Constitution

Structure

  • Lengthiest constitution in the world with 395 articles (originally) divided into 22 parts.
  • Part 3: Fundamental Rights (prohibitions against state); Part 4: Directive Principles of State Policy (non-justiciable).
  • Establishes a sovereign socialist secular democratic republic.

Key Principles

  • Socialism: Introduced by the 42nd Amendment in 1976.
  • Secularism: State treats all religions equally.
  • Democratic Republic: Government authority stems from the people.

Governance

  • Parliamentary system: Based on the British model; responsible government.
  • Fundamental Rights: Can be enforced; courts can strike down laws violating these rights.
  • Directive Principles: Aims to guide governance; not enforceable in courts.

Federal Structure

  • Strong centralizing tendency while maintaining state powers.
  • Universal Adult Suffrage: Voting rights for all citizens aged 18 and above.
  • Independent Judiciary: Custodian of citizens’ rights and arbiter of disputes.
  • Single Citizenship: No dual citizenship in India.
  • Fundamental Duties: Enshrined in Part 4A; legal consequences for violations.

Conclusion

  • The Constitution of India embodies a rich history of struggle and development, reflecting the aspirations and rights of its citizens.