The story of the Constitution of India starts before its adoption in 1950.
The framework has colonial roots dating back to the British settlements in the early 17th century.
Historical Background
Colonial Era: British governance began formally in 1858 after the 1857 mutiny.
The East India Company initiated legal and administrative systems based on English political and legal systems.
The British implemented several Charter Acts to establish control.
Key Legislative Acts
Indian Councils Act (1861): Introduced a cabinet system of administration and limited Indian participation.
Indian Council Act (1892): Expanded legislative councils, introduced limited elections, and aimed to engage Indians in governance.
Morley-Minto Reforms (1909): Increased legislative council sizes and allowed discussion on various matters.
Government of India Act (1919): Introduced diarchy in provinces but maintained central control under the Governor-General.
Government of India Act (1935): Proposed an all-India federation but was never realized; introduced provincial autonomy and established a federal court.
Early Constitution Making Attempts
Unknown Author Bill (1895): First attempt at drafting a constitution, associated with Bal Gangadhar Tilak.
Commonwealth of India Bill (1925): Drafted by Annie Besant, included seven fundamental rights.
Nehru Report (1928): Emphasized the need for written fundamental rights; significant in shaping future constitutional provisions.
Sapru Committee Report (1945): Suggested incorporation of fundamental rights and addressed minority concerns.
Formation of the Constituent Assembly
Demand for a Constituent Assembly began in 1934, reinforced by nationalist sentiments.
The Cripps Mission (1942) proposed a framework for a new constitution, but it was rejected.
The Labour government in Britain (1945) called for national elections to form a new Constituent Assembly.
Composition and Functioning of the Constituent Assembly
Composed of 299 members: 229 from provinces, 70 from princely states.
Dr. B.R. Ambedkar chaired the drafting committee.
The assembly worked from December 1946 to August 1947, leading to the adoption of the Constitution on November 26, 1949.
Salient Features of the Constitution
Length: Originally contained 395 articles divided into 22 parts and 8 schedules.
Fundamental Rights (Part 3): Prohibits laws violating rights; comparable to the US Constitution.
Directive Principles of State Policy (Part 4): Non-justiciable but guides governance and reflects welfare state ideals.
Sovereign, Socialist, Secular, Democratic Republic: Definitions of terms added through amendments.
Parliamentary Form of Government: Responsible government, modeled after the British system.
Federal Structure: Strong centralizing tendency; emergency provisions alter the federal character.
Universal Adult Suffrage: Right to vote for all citizens aged 18 and above.
Independent Judiciary: Custodian of rights and arbiter of disputes between federal units.
Single Citizenship: No dual citizenship despite federal structure.
Fundamental Duties: Incorporated in Part 4A; outlines expected duties of citizens.
Conclusion
The Constitution of India is a comprehensive document reflecting the aspirations and rights of the Indian people. It has undergone several amendments, continuing to evolve to meet the needs of society.