Notes on the Constitution of India Lecture

Introduction

• The Constitution of India has its roots in colonial British rule.
• Key milestones:
  • Constituent Assembly meeting in 1946
  • Constitution adopted on 26 November 1949
  • Officially in effect from 26 January 1950.

Historical Context

Colonial Beginnings

• British settlements began in the early 17th century.
• Mughal governance was monarchical and did not align with British governance values.
• In 1858, after the Mutiny of 1857, British political control transitioned from the East India Company to direct British rule.

Development of Legal and Administrative Systems

• The East India Company initiated legal frameworks through Charter Acts.
• 1861 Indian Council's Act introduced the cabinet system but limited Indian participation.
• Syed Ahmed Khan highlighted the need for Indian involvement in governance as a cause of rebellion.
• Legislative powers began in Bombay and Madras provinces.

National Movement and Legislative Reforms

Key Acts and Reforms

• Indian Council Act 1892: Increased representation in legislative councils, introduced elections.
• Morley-Minto Reforms (1909): Indirect elections, expanded council powers but maintained British control.
• Government of India Act 1919: Introduced diarchy in provinces, more Indian association in governance.
• Government of India Act 1935: Proposed federation, provincial autonomy, and established a federal court.

Early Constitution-Making Efforts

First Attempts

• Unknown Author Bill (1895): First draft of a constitution, influenced by demand for self-governance.
• Commonwealth of India Bill (1925): Drafted by Annie Besant, included fundamental rights.
• Nehru Report (1928): Proposed written fundamental rights, responded to communal tensions.
• Sapru Committee (1945): Suggested incorporation of fundamental rights and addressed minority concerns.

Formation of the Constituent Assembly

Key Events

• 1934: Indian National Congress demanded a Constituent Assembly.
• 1942: Cripps Mission proposed a new constitution but was rejected.
• Labour government in Britain (1945) initiated national elections for provincial legislatures to elect members for the Constituent Assembly.

Composition of the Constituent Assembly

• Composed of 299 members: 229 elected from provinces, 70 nominated from princely states.
• Led by experienced members, including Dr. B.R. Ambedkar as chairman of the drafting committee.
• Included significant female representation.

Constitution Drafting Process

Deliberations and Structure

• Process lasted from December 1946 to August 1947.
• Drafting committee prepared articles; amendments debated and voted on.
• Final document adopted on 26 November 1949, marking Constitution Day.

Salient Features of the Constitution

Characteristics

• Lengthiest constitution in the world: 395 articles, 22 parts, 8 schedules.
• Fundamental Rights (Part 3): Rights that can be enforced in courts; not absolute.
• Directive Principles of State Policy (Part 4): Guidelines for governance, non-justiciable but significant for elections.
• Welfare State: Enshrined in directive principles.
• Federal Structure: Power distribution between center and states, with a tendency towards centralization.

Key Highlights

• Universal Adult Suffrage: Voting rights for all adults above 18.
• Independent Judiciary: Ensures rights protection and resolves disputes.
• Single Citizenship: No dual citizenship in India.
• Fundamental Duties (Part 4A): Responsibilities of citizens, with legal consequences for violations.

Conclusion

• The Constitution of India reflects a blend of historical influences, democratic ideals, and the aspirations of its people.