History of the Indian Constitution

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.

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This Story also Contains

1. What is the Indian Constitution?
2. Historical Background of the Indian Constitution
3. Historical Evolution of the Indian Constitution
4. Framing of the Indian Constitution
5. Constitution Makers of India
6. Criticism of the Indian Constitution and Constituent Assembly
7. Significant Constitutional Amendments
8. The Sources and Evolution of the Indian Constitution
9. Objectives Of The Indian Constitution
10. Conclusion

"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

What is the Indian Constitution?

• 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.

Historical Background of the Indian Constitution

• 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.

Historical Evolution of the Indian Constitution

The Indian Constitution has undergone several historical evolutions on various levels. The Indian Constitution's historical evolution is listed in the following order:

Framing of the Indian Constitution

• 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.

Initial Meetings and Decision-Making Processes of the Indian Constitution Assembly

• 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.

Constitution Makers of India

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.

The Indian Constituent Assembly made significant contributions to the creation of the Indian Constitution

• 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.

Criticism of the Indian Constitution and Constituent Assembly

• 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.

Significant Constitutional Amendments

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:

1. The 42nd Amendment stated explicitly what socialism and secularism were.

2. Affirmative action was made available to socially and economically disadvantaged groups by the First Amendment (Article 15(4)).

3. Article 15(5) of the 93rd Amendment expanded affirmative action to include educational institutions.

The Sources and Evolution of the Indian Constitution

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:

Objectives Of The Indian Constitution

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:

Essential Elements of the Preamble

We, the people of India

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.

Sovereign

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.

Socialist

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

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.

Democratic

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.

Republic

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.

Conclusion

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.