Constitution of India: Historical Development and Key Features

Early Beginnings

• The story of India's constitution starts before the Constituent Assembly's first meeting in 1946 and its adoption in 1949.
• Influenced by British colonial rule, beginning with the East India Company in the 17th century.
• British administrative and legal systems laid the groundwork for constitutional values.

British Influence and Legal Frameworks

• Early frameworks were established via Charter Acts by the British crown.
• The Indian Councils Act of 1861 introduced administrative systems but limited Indian participation.
• The Indian Councils Act of 1892 expanded council functions and partially introduced elections.

Progression Towards Self-Governance

• Indian Council Act of 1909 introduced indirect elections.
• Government of India Act 1919 introduced provincial self-governance but maintained central control.
• Government of India Act 1935 established a federal court and divided powers between center and provinces.

Early Constitution Drafts

• Swaraj Bill 1895: First attempt at a constitution, attributed to Bal Gangadhar Tilak.
• Commonwealth of India Bill 1925: Drafted under Annie Besant, included fundamental rights.
• Nehru Report 1928: Emphasized written fundamental rights.

Formation of the Constituent Assembly

• Indian National Congress in 1934 demanded a constituent assembly.
• Cripps Mission (1942) proposed an elected body for framing India's constitution.
• Cabinet Mission 1946 facilitated the assembly's formation despite political tensions.

Structure and Functioning of the Constituent Assembly

• Comprised 299 members, with representation from provinces and princely states.
• Dr. B.R. Ambedkar chaired the drafting committee.
• Constitution adopted on 26th November 1949, known as Constitution Day.

Key Features of the Indian Constitution

Length and Detailed Structure

• Lengthiest constitution globally, originally with 395 articles.
• Contains a list of fundamental rights and directive principles of state policy.

Sovereign, Socialist, Secular, Democratic Republic

• Socialist and secular terms added by the 42nd Amendment (1976).
• Parliamentary government modeled after the British system.

Fundamental Rights and Directive Principles

• Fundamental rights protect citizens against the state.
• Directive principles guide governance but are non-justiciable.

Federal Structure with Centralizing Tendencies

• Distribution of powers between center and states via the seventh schedule.
• Emergency declarations can centralize power.

Universal Adult Suffrage

• Universal suffrage for those 18 and older, regardless of sex or property.

Independent Judiciary

• Judiciary acts as a custodian of rights and arbiter of disputes.

Single Citizenship

• Only single citizenship is provided despite federal structure.

Fundamental Duties

• Part IV-A of the constitution outlines duties expected of citizens.