Notes on the Story of the Constitution of India

Historical Context

• Timeline of Constitution Development:

  • 1946: Constituent Assembly meeting begins.
  • 26th November 1949: Constitution adopted.
  • 26th January 1950: Constitution handed over to Indian State.

• Colonial Influence:

  • British settlements began in the early 17th century.
  • Mughal era had a monarchic governance structure.
  • British established legal and administrative systems post-1858, after the Mutiny of 1857.

Legislative Developments

• Early Legislative Changes:

  • Indian Councils Act 1861: Introduced cabinet system; Indians included as non-official members.
  • Indian Councils Act 1892: Increased representation and partially introduced elections.
  • Indian Councils Act 1909: Introduced indirect elections.

• Government of India Act 1919:

  • Aimed to increase Indian participation in administration; introduced dyarchy in provinces.
  • Governor-General retained overriding powers.

• Government of India Act 1935:

  • Proposed an all-India federation (not realized); established federal courts.
  • Introduced the concept of provincial autonomy.

Early Constitutional Proposals

• Constitution of India Bill 1895:

  • First attempt at drafting a constitution; attributed to Bal Gangadhar Tilak.
  • Focused on self-government within the British Empire.

• Commonwealth of India Bill 1925:

  • Drafted by Annie Besant; emphasized fundamental rights.

• Motilal Nehru Report (1928):

  • Called for a written Declaration of Rights; emphasized the need for inclusion of fundamental rights.

• SAU Committee Report (1945):

  • Recommended inclusion of fundamental rights and distinction between justiciable and non-justiciable rights.

Formation of the Constituent Assembly

• Demand for Constituent Assembly:

  • Initiated by the Indian National Congress in 1934; emphasized self-determination.
  • British Government's response with the Cripps Mission (1942) proposed an elected body for constitution framing.

• Elections and Composition:

  • Constituent Assembly comprised of 299 members (229 from provinces, 70 from princely states).
  • Elections were indirect, based on representatives from provincial assemblies.

Constitutional Deliberations

• Constituent Assembly Functioning:

  • Lasted from December 1946 to August 1947; involved multiple committees.
  • Dr. B.R. Ambedkar led the drafting committee.
  • Final version of the Constitution presented in November 1949.

• Constitution Day: Celebrated on 26th November as the day of adoption.

Salient Features of the Constitution

• Length and Structure:

  • Lengthiest constitution in the world; originally contained 395 articles divided into 22 parts.

• Fundamental Rights (Part III):

  • Act as prohibitions against the state; not absolute rights (restrictions allowed).
  • Inspired by the U.S. Constitution.

• Directive Principles of State Policy (Part IV):

  • Non-justiciable guidelines for governance; aim for a welfare state.

• Federal Structure:

  • Distribution of powers between center and states; strong centralizing tendency noted.

• Universal Adult Suffrage:

  • Right to vote for all citizens above 18 without discrimination.

• Independent Judiciary:

  • Ensures dispute resolution and protection of citizens' rights.

• Single Citizenship:

  • Only one citizenship for all citizens of India, despite federal structure.

• Fundamental Duties (Part IV-A):

  • Duties of citizens enshrined in the Constitution; legal consequences for violations.

Conclusion

• The Constitution of India reflects a blend of historical developments, legislative changes, and the aspirations of a diverse citizenry, establishing a framework for governance, rights, and responsibilities.