India was governed by the British from 1857 till 1947. This period was significantly affected by India's plans to become an independent democracy. To establish social justice and a democratic society in Indian culture, a distinct constitution was required. The Lucknow all-parties conference met this demand by planning a strategic development approach to implement a clearly defined Indian Constitution. The intriguing journey that is the Indian Constitution's history is a reflection of the country's battle for independence as well as its dedication to building an inclusive and democratic society. Following British colonial control, the Constitutional Law became a symbol of unity, shaped against the backdrop of centuries-old history and rich cultural variety.
"One often wonders if a constitution drafted at this point in global history could include anything novel. In a constitution drafted so late in history, the only novelties, if any, are the revisions undertaken to fix its flaws and adapt it to the demands of the nation’’. - B. R. Ambedkar
India's Constitution is the supreme legislation of the land. It establishes essential rights, guiding principles, and citizen responsibilities
It also gives the foundation for establishing basic political concepts and defines the organisation, processes, authorities, and responsibilities of governmental institutions.
With 448 articles divided into 22 sections and 12 schedules, the Indian constitution is an extensive document.
This new constitution for an independent India was written by the Constituent Assembly, which was chosen by the Indian people in 1946.
First President of India, Dr Rajendra Prasad signed the Constitution into law on November 26, 1949.
A state's foundational ideas that describe its formation and governance are outlined in its constitution.
It outlines the essential principles that we must adhere to.
The All Parties Conference established the Nehru Report Committee in Lucknow in 1928 to draft the Indian Constitution.
Direct British authority over the majority of India lasted from 1857 to 1947. It became evident after independence that a new constitution was required. But to do that, the unity of all of India was required.
This meant that either by force or negotiation, the Princely States would need to be persuaded to join the Indian Union. This difficult effort was completed by V.P. Menon and Sardar Vallabhbhai Patel. India was still formally a British dominion up to this point, in charge of maintaining foreign security.
Thus, on January 26, 1950, the Indian Constitution came into force, repealing the Government of India Act 1935 and the Indian Independence Act 1947. With the adoption of the Constitution, India ceased to be a dominion of the British Crown and became an independent democratic republic.
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The Indian Constitution has undergone several historical evolutions on various levels. The Indian Constitution's historical evolution is listed in the following order:
British East India Company (1773 – 1858) | |
Act | Provisions |
Regulating Act 1773 |
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Pitt’s India Act of 1784 |
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Charter Act of 1813 |
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Charter Act of 1833 |
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Charter Act of 1853 |
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British Crown (1858 – 1947) | |
GOI Act of 1858 |
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Indian Councils Act of 1861 |
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Indian Councils Act of 1892 |
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Indian Councils Act of 1909 |
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GOI Act of 1919 |
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Simon Commission 1927 |
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GOI act 1935 |
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Indian Independence Act of 1947 |
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M. N. Roy was the first to put up the concept of an Indian Constituent Assembly in 1934.
The INC formally called for a Constituent Assembly to begin drafting the Indian Constitution in 1935.
With the 1940 "August Offer," the British government first gave in to the demand.
The members of the Constituent Assembly engaged in a process similar to public deliberation, which is how the Constitution gets its legitimacy (Principle of Deliberation).
B.N. Rao: Constitutional Advisor
Dr. B.R. Ambedkar: Drafting Committee
One of the provisions of the Constitution that was ratified with essentially little discussion was the introduction of universal suffrage. The Constituent Assembly was established under the 1946 Cabinet Mission Plan (members: Lawrence, Cripps, and Alexander).
389 people are members in total.
296 members are from British India; 93 seats are from princely states; seats are distributed according to each state's population (1 seat for every M).
Partitioned into the three main groups: Sikhs, Muslims, and General.
The Constituent Assembly consisted of delegates from princely states appointed by the body and partially elected by the province legislative assembly.
Members of the provincial assemblies, who were selected by a restricted vote, were to select members indirectly.
Mahatma Gandhi is not present at the assembly.
In its two years, eleven months, and eighteen days, the Constituent Assembly met in eleven sessions.
Final meeting: January 24, 1950. However, from January 26, 1950, until the creation of a new Parliament following the first general elections in 1951–1952, it served as India's temporary parliament.
On December 9, 1946, the inaugural meeting was conducted with 211 members in attendance; however, the Muslim League chose not to go.
By a French-style procedure, Sachchidananda Sinha, the oldest member of the Assembly, was selected as the Temporary President.
Dr Rajendra Prasad went on to win the Assembly's presidency.
Vice Presidents (Two): Jawaharlal Nehru introduced the Objectives Resolution on December 13, 1946, and both H.C. Mukherjee and V.T. Krishnamachari
Princely state representatives eventually joined the Constituent Assembly after initially abstaining.
On June 3, 1947, Muslim League members from the Indian Dominion entered the Assembly following their acceptance of the Mountbatten Plan for division.
The seven-member Drafting group, which was established on August 29, 1947, was the most significant and crucial group of all. The task of creating a draft of the new Constitution was assigned to this group. This committee's members included:
Chairman: B.R. Ambedkar
K.M. Munshi
Syed Mohammad Saadullah
Gopalaswamy Ayyangar
Alladi Krishnaswamy Ayyar
Madhava Rau (He replaced B.L. Mitter who resigned due to ill health)
T. Krishnamachari (He replaced D.P. Khaitan who died in 1948)
The first draft of the Indian Constitution was drafted by the Drafting Committee and released in February 1948, following their consideration of the recommendations made by the various committees.
The Indian people were given eight months to discuss and make changes to the draft. The Drafting Committee produced a second draft, which was released in October 1948. A second draft, written by the Drafting Committee, was made public in October 1948. Less than six months were needed for the Drafting Committee to complete its draft.
The drafting committee met for a total of just 141 days.
May 1949 saw the ratification of India's Commonwealth membership through the drafting of the Constitution and the adoption of regular legislation.
adopted July 22, 1947, as the national flag.
On January 24, 1950, the national anthem was adopted.
On January 24, 1950, the national song was adopted.
On January 24, 1950, it chose Dr. Rajendra Prasad to be India's first president.
Note-
The Preamble, 395 articles, and 8 schedules made up the 1949 Constitution when it was ratified on November 26.
January 26 as the "date of commencement" - In 1930, the Lahore Session (December 1929) of the INC observed Purna Swaraj Day.
To conform to the principles of the document, the Preamble was adopted after the enactment of the whole Constitution.
The constitution is a slavish and un-Indian copy of a Western constitution.
Not a Representative Body: By the universal adult franchise, voters did not directly elect members of the Constituent Assembly.
Not a Sovereign Body: It is stated that the British Government's recommendations served as the foundation for the formation of the Constituent Assembly. Additionally, the British Government granted authorization for it to hold its sessions.
Congress is in charge: 82% of assembly seats were occupied by INC.
Exhausting Exercise: It took nearly three years to complete the final draft.
Lawyer's paradise is elephantine-sized, very technical terminology.
The constitution broke from Gandhian ideals, even if it wasn't completely ignored.
Parliamentary democracy is opposed by communists.
The 1935 Act in carbon copy or the 1935 Act in amended form.
It is subject to ongoing modification. either by adopting a new amendment to the Constitution or by removing an already-existing one. Here are some illustrations that prove our point:
The 42nd Amendment stated explicitly what socialism and secularism were.
Affirmative action was made available to socially and economically disadvantaged groups by the First Amendment (Article 15(4)).
Article 15(5) of the 93rd Amendment expanded affirmative action to include educational institutions.
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The Constitution was built from several sources. Its framers took inspiration from earlier laws, including the Government of India Act 1858, the Indian Councils Acts of 1861, 1892, and 1909, the Government of India Acts 1919 and 1935, and the Indian Independence Act 1947, keeping in mind the requirements and circumstances of India. Some Sources of the Indian Constitution are:
Sources of the Indian Constitution | |
Sources of Constitution | Features |
Government of India 1935 | The second-third of the constitution, the British Federal Scheme, the governor's office, the judiciary, public service commissions, emergency clauses, and administrative specifics. |
British Constitution | Writs, bicameralism, parliamentary privileges, single citizenship, legislative process, parliamentary governance, and FPTP method. |
Irish Constitution | Principles of Directive State Policy, Rajya Sabha member nominations, and presidential election procedures. |
US Constitution | Fundamental rights, judicial independence, judicial review, presidential impeachment, dismissal of justices from the Supreme Court and other higher courts, and the vice presidential position. |
Australian Constitution | Joint sittings of the two Houses of Parliament, concurrent lists, freedom of trade, and commerce are all protected under the Constitution. |
Canadian Constitution | Federation with a powerful central government, the central government appointing state governors, the central government holding residuary powers, and the central court having advisory jurisdiction. |
Weimar constitution (Germany) | Germany's Fundamental Rights were suspended under the emergency. |
Soviet Constitution (USSR- Now Russia) | The Preamble outlines fundamental obligations and the objective of social, economic, and political fairness in the USSR, now Russia. |
South African Constitution | Process for amending the Constitution and choosing Rajya Sabha members |
French Constitution | Republic and the Preamble's principles of liberty, equality, and fraternity. |
Japanese Constitution | The process is outlined by law. |
1. Doctrine of Limited Government: The doctrine of limited government guarantees that the authority of government authorities should be subject to legal restraints, particularly about the rights of the people. It does this by giving citizens access to fundamental rights and an independent judiciary to safeguard those rights against the arbitrary choices made by the government.
2. Rule of Law: The concept of the Rule of Law is established by the Constitution instead of the Rule of Man. It is a crucial component of a democracy as the people have the power in one.
3. Doctrine of Separation of Power: The doctrine of separation of powers and checks and balances guarantees that the three organs of the constitution have different responsibilities and that each organ's operations are checked and balanced by the others.
4. Protect Fundamental Rights for People: By restricting the government's arbitrary acts, the protection of people's fundamental rights contributes to the rule of law. As a result, it grants citizens political freedom.
5. Independent Judiciary: Any constitution that aims to defend the rights of its people must guarantee and preserve the judiciary's independence.
Important Note- The Preamble serves as the Indian constitution's introduction and provides an overview of its primary goals. Let us elucidate the primary goals of the Indian Constitution and have a thorough understanding of each:
The Constitution of India is inspired by many constitution of Different Countries, the essential elements of the Premable of the Constitution of India is given below..
It signifies the Indian people's ultimate sovereignty. The ability of a state to act alone and without interference from other states or outside powers is known as sovereignty.
This proves that India is an independent country and not a colony or a dominion of another. It is free to run its activities (internal and external) and has no superior authority. India may choose to acquire a foreign territory or give up a section of its territory to a foreign state as a sovereign nation.
Before the amendment, the Constitution already had socialist elements in a number of the Directive Principles of State Policy. Democratic socialism is the name given to socialism in India. India's economy is hybrid, combining the public and private sectors. The Supreme Court stated that "democratic socialism strives to alleviate poverty, illiteracy, sickness, and inequality of opportunity."
Secular suggests that the Constitution and legal framework control the interaction between the state and religious organisations. Secularism divides the authority of religion and the state. India's secularism provides equal state support to all religions. Stated differently, the Indian Constitution aligns with the positive concept of secularism, which holds that all religions in our country—regardless of their power—have equal standing and support from the government.
The term "democratic" describes the form of government established by the Indian Constitution, which derives its authority from popular will as expressed in elections. The word "democratic" is used liberally throughout the preamble, referring to both economic and social democracy as well as political democracy.
The idea of a republic is that the people elect their head of state. (It's not hereditary.) The President of India is the elected head of state of India, selected for a five-year term by the people of India..
The Indian Constitution is a dynamic text that has changed throughout time to meet the demands of a shifting social order. All Indians have rights and liberties guaranteed by a robust and well-functioning Constitution, which is the result of the efforts and commitment of our legislators and populace. We trust that after reading this article, you will have a better knowledge of the Indian Constitution and how it affects your day-to-day activities.
An assembly of elected delegates known as the Constituent Assembly drafted the text that is known as the Constitution. In July 1946, elections for the Constituent Assembly were conducted. It met for the first time in December 1946. The nation was split into India and Pakistan shortly after that.
Known as the father of the Indian Constitution is Bhimrao Ramji Ambedkar. In the Constituent Assembly, he was the Law Minister at the time and presented the final text of the Constitution. He participated heavily in the Assembly's discussions.
The Government of India Act of 1935 and other characteristics of other nations' constitutions were taken into consideration by the Constituent Assembly of India while drafting its own.
On November 26, 1949, the Indian Constituent Assembly accepted it, and on January 26, 1950, it entered into force.
On January 24, 1950, Dr. Rajendra Prasad signed the Indian Constitution. Jawaharlal Nehru and Dr. Rajendra Prasad shaking hands following the signing of the Indian Constitution on January 24, 1950.
Dr. B.R. Ambedkar is widely regarded as the chief architect of the Indian Constitution. As the Chairman of the Drafting Committee, he played a crucial role in shaping the document and incorporating principles of social justice and equality.
The Constituent Assembly was the body responsible for drafting the Indian Constitution. It was formed based on the Cabinet Mission Plan and consisted of indirectly elected representatives from various provinces and princely states of India.
Several committees were formed to address specific aspects of the Constitution. For example, the Drafting Committee led by Dr. Ambedkar was responsible for preparing the draft constitution. Other committees focused on fundamental rights, minorities, provincial constitution, etc.
The framers envisioned an independent judiciary as a crucial pillar of democracy. They provided for the separation of powers and gave the Supreme Court the power of judicial review to interpret and protect the Constitution.
The Constitution provided special provisions for the protection of tribal interests, including the creation of Scheduled Areas and Tribal Advisory Councils. It also recognized the unique cultural practices of tribal communities.
There were concerns about extending voting rights to all adults in a largely illiterate population. However, the framers decided in favor of universal adult suffrage as a means of empowering all citizens and fostering democratic participation.
There was significant debate over whether Hindi should be the sole official language or if English should continue to be used. The compromise reached was to use both Hindi and English as official languages for a transitional period.
Some members argued that these non-justiciable principles were unnecessary, while others saw them as crucial guidelines for governance. Eventually, they were included as a compromise, providing a roadmap for social and economic progress.
The Constitution allowed for the continuation of separate personal laws for different religious communities, particularly in matters of marriage, judicial separation, and inheritance. This was a compromise to respect religious diversity while also including a provision for a future Uniform Civil Code.
The Constitution initially included provisions to facilitate land reforms in the Directive Principles. Later, the 9th Schedule was introduced to protect land reform laws from judicial review, highlighting the importance given to this issue.
The parliamentary system was chosen due to its familiarity (from British rule) and its perceived ability to provide stable governance in a diverse country. It was seen as more suitable for fostering national unity and accommodating regional interests.
The Constitution provided for reservations in education and public employment for Scheduled Castes and Scheduled Tribes. This was seen as a means of addressing historical injustices and promoting social equality.
The Constitution provides for emergency powers to deal with threats to national security, breakdown of constitutional machinery in states, and financial emergencies. These provisions were debated extensively to balance the need for strong central authority with safeguards against misuse.
Cooperative federalism was envisioned to promote collaboration between the center and states. This was reflected in provisions like the Inter-State Council and shared responsibilities in areas like education and forests.
The Constitution provided for mother-tongue instruction at the primary level and gave linguistic minorities the right to establish and administer educational institutions of their choice.
While there was consensus on including religious freedom, debates centered on its extent and limitations. The final provisions aimed to protect religious freedom while also allowing state intervention to address social issues.
The right to property was initially included as a fundamental right but was a subject of intense debate due to its potential conflict with land reforms and wealth redistribution. It was eventually removed from the list of fundamental rights by the 44th Amendment in 1978.
The Cabinet Mission Plan of 1946 proposed a framework for India's independence and constitution. While not fully accepted, it led to the formation of the Constituent Assembly and influenced discussions on federal structure and minority rights.
January 26 is celebrated as Republic Day in India because the Constitution came into effect on this day in 1950. This date was chosen to coincide with the anniversary of the Declaration of Indian Independence (Purna Swaraj) of 1930.
The federal system with a strong center was adopted to maintain national unity while accommodating regional diversity. The experience of Partition influenced this decision, as it was felt that a strong center was necessary to prevent further fragmentation.
The financial emergency provisions were included to address potential economic crises. They allow the central government to give financial directions to states, reflecting the framers' concern for economic stability.
While environmental protection was not explicitly mentioned in the original Constitution, it has been read into the right to life under Article 21 through judicial interpretation. The 42nd Amendment also added environmental protection to the Directive Principles.
The primary motivation was to establish India as a sovereign, democratic republic after gaining independence from British rule. The Constitution aimed to secure justice, liberty, equality, and fraternity for all citizens, while also addressing the diverse needs of a multi-cultural society.
The Objectives Resolution, introduced by Jawaharlal Nehru in 1946, laid out the fundamental principles and goals for the Constitution. It served as a guiding framework for the Constituent Assembly, emphasizing concepts like sovereignty, democracy, and social, economic, and political justice.
The Constitution strikes a balance by providing a strong central government while also recognizing state autonomy. It includes provisions for linguistic and cultural rights, while also emphasizing national integration and common citizenship.
The Constitution addressed social inequality through provisions like the abolition of untouchability, prohibition of discrimination, and reservations for historically disadvantaged groups in education and government jobs.
The Constitution initially recognized 14 official languages in the Eighth Schedule. It also provided for the use of English and Hindi for official purposes. Over time, more languages have been added to the Eighth Schedule to reflect India's linguistic diversity.
The right to property was initially included as a fundamental right but was a subject of debate due to its potential conflict with land reforms. It was eventually moved to a constitutional right and later removed as a fundamental right by the 44th Amendment in 1978.
The Constitution provided for the integration of princely states into the Indian Union. It gave the central government the power to create new states, alter boundaries, and change names of existing states to facilitate this integration process.
The 'basic structure' doctrine, developed through Supreme Court judgments, holds that certain fundamental features of the Constitution cannot be altered or destroyed through amendments. This includes principles like democracy, federalism, and judicial review.
While secularism was implicit in the original Constitution, it was explicitly added to the Preamble by the 42nd Amendment in 1976. The Indian concept of secularism involves equal respect for all religions, rather than strict separation of religion and state.
The Constitution provides several safeguards for minorities, including cultural and educational rights, protection against discrimination, and representation in legislative bodies. It aims to ensure the protection and promotion of minority interests.
The Indian Constitution borrowed concepts from various sources: parliamentary government from the UK, fundamental rights from the US, directive principles from Ireland, and the federal structure with a strong center from Canada. However, these were adapted to suit India's unique needs.
The Government of India Act 1935 significantly influenced the Indian Constitution. Many administrative details and the federal structure were adapted from this Act. It provided a blueprint for the distribution of powers between the center and provinces.
The Partition significantly impacted the process. It led to changes in the composition of the Constituent Assembly, as members from areas that became Pakistan withdrew. It also influenced discussions on minority rights, citizenship, and federal structure.
While Gandhi was not directly involved in drafting the Constitution, his ideas influenced several aspects, including the emphasis on social justice, decentralization (through Panchayati Raj), and protection of minorities.
The drafting process took nearly 3 years. The Constituent Assembly first met on December 9, 1946, and the Constitution was finally adopted on November 26, 1949. It came into effect on January 26, 1950, which is now celebrated as Republic Day in India.
The Preamble serves as an introduction to the Constitution, outlining its guiding principles and objectives. It declares India as a sovereign, socialist, secular, democratic republic and emphasizes justice, liberty, equality, and fraternity.
The Constitution provided for a single citizenship for the entire country, unlike the separate provincial citizenships that existed under British rule. It also addressed the complex issue of citizenship for those affected by Partition.
The Constitution attempts to balance individual rights (through Fundamental Rights) with community interests (through Directive Principles). It also allows for reasonable restrictions on individual rights for the larger public good.
The Constitution provided for a division of powers between the center and states through Union, State, and Concurrent lists. It also included provisions for resolving disputes and promoting cooperation between the center and states.
The amendment process was designed to strike a balance between rigidity and flexibility. It allowed for changes to keep the Constitution relevant while protecting its basic structure from easy alterations.
Fundamental Duties were added by the 42nd Amendment in 1976 to emphasize citizens' obligations alongside their rights. While not enforceable in courts, they serve as a moral code and a reminder of civic responsibilities.
While socialist principles were implicit in the Directive Principles, the term 'socialist' was added to the Preamble by the 42nd Amendment in 1976. This was debated as it seemed to commit the nation to a particular economic ideology.
The inclusion of preventive detention was controversial as it seemed to contradict principles of personal liberty. It was ultimately included due to perceived security needs, but with safeguards to prevent misuse.
While not explicitly mentioning economic planning, the Constitution provided for the creation of a Planning Commission (now NITI Aayog) through its provisions on executive power. The Directive Principles also guided economic policy-making.
The Constitution provided for All India Services like the IAS and IPS, which serve both the center and states. This was seen as a way to maintain national unity and ensure high standards of public administration across the country.
The Uniform Civil Code was included in the Directive Principles, reflecting the aspiration for a common set of personal laws. However, its implementation was left to future governments due to the complexity of harmonizing diverse personal laws.
The provisions for resolving inter-state water disputes reflect the framers' foresight in addressing potential conflicts over shared resources. This was crucial given India's diverse geography and the importance of water resources.
While the original Constitution had limited provisions for local self-government, the 73rd and 74th Amendments in 1992 provided constitutional status to Panchayati Raj Institutions and urban local bodies, reflecting a shift towards decentralization.
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