Framing of the Indian Constitution
- Origins of the Idea:
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- The concept of having a Constitution for India was first proposed by MN Roy, a prominent figure in the Indian Communist Movement.
- Constituent Assembly Formation:
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- The Constituent Assembly of India was established on 16th May 1946, following the Cabinet Mission Plan.
- It was initially chaired by Sachchidanand Sinha.
- Dr. Rajendra Prasad and HC Mukherjee were elected as President and Vice-President respectively on 11th December 1946.
- BN Rau served as the Constitutional Advisor.
- Composition of the Assembly:
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- The Constituent Assembly comprised 389 members.
- Among them, 292 represented British States, 93 represented Princely States, and 4 were from Chief Commissioners Provinces including Delhi, Ajmer-Merwara, Coorg, and British Baluchistan.
- Leadership of the Drafting Committee:
- The Drafting Committee, responsible for drafting the Constitution, was headed by Dr. BR Ambedkar.
- Dr. Ambedkar is often referred to as the “Father of the Indian Constitution” due to his pivotal role in its drafting.
- Key Figures:
- Dr. BR Ambedkar: Chairman of the Drafting Committee, instrumental in shaping the Constitution.
- Dr. Rajendra Prasad: President of the Constituent Assembly.
- HC Mukherjee: Vice-President of the Constituent Assembly.
- BN Rau: Constitutional Advisor.
- Timeline:
- The Constituent Assembly deliberated over various aspects of the Constitution for nearly three years before adopting it on 26th November 1949.
- The Constitution came into effect on 26th January 1950, marking the birth of the Republic of India.
- Legacy
- The Indian Constitution is renowned for its democratic principles, commitment to justice, liberty, equality, and fraternity, and its resilience in guiding the nation through diverse challenges over the decades.
Enactment of the Constitution
- The Constituent Assembly took 2 years, 11 months, and 18 days to complete the Constitution.
- Some provisions related to citizenship, elections, provisional Parliament, etc., were given immediate effect.
- The Constitution, adopted on 26th November 1949, contained a Preamble, 395 Articles divided into 22 Parts, and 8 Schedules. Presently, it has 448 Articles divided into 25 Parts and 12 Schedules.
- The enforcement of the Constitution was delayed until 26th January because, in 1929, on this day, the Indian National Congress demanded Poorna Swaraj in the Lahore Session, chaired by JL Nehru.
- The Constitution came into force on 26th January 1950, known as Republic Day of India. The Constituent Assembly adopted our National Flag on 22nd July 1947. It was designed by Pingali Venkayya.
Interim Government (1946)
- The Interim Government was formed in 1946.
- Members and their Portfolios were as follows:
- Jawaharlal Nehru: External Affairs & Commonwealth Relations
- Sardar Vallabhbhai Patel: Home, Information & Broadcasting
- Dr. Rajendra Prasad: Food & Agriculture
- Dr. John Mathai: Industries & Supplies
- Jagjivan Ram: Labour
- Sardar Baldev Singh: Defence
- CH Bhabha: Works, Mines & Power
- Liaquat Ali Khan: Finance
- Abdur Rab Nishtar: Posts & Air
- Asaf Ali: Railways & Transport
- C Rajagopalachari: Education & Arts
- II Chundrigar: Commerce
- Ghaznafar Ali Khan: Health
- Joginder Nath Mandal: Law
Preamble
- The Preamble serves as the preface or introduction of the Constitution and is considered an integral part of it. The interpretation of the Constitution is often based on the spirit of the Preamble.
- The Objective Resolution, drafted and moved by Pandit Jawaharlal Nehru, was adopted by the Constituent Assembly and eventually evolved into the Preamble.
- The idea of the Preamble was borrowed from the Constitution of the USA.
- The words Socialist, Secular, and Integrity were added by the 42nd Constitutional Amendment Act in 1976.
Sources of the Indian Constitution
UK
- Rule of Law
- Cabinet System
- Prerogative Writs
- Parliamentary Government
- Bicameral Parliament
- CAG Office
- Single Citizenship
- Law making procedures
USA
- Written Constitution
- Vice-President as the Ex-officio Chairman of Upper House
- Fundamental Rights
- Supreme Court
- Independence of Judiciary and Judicial Review
- Preamble
Erstwhile USSR
- Fundamental Duties
Australia
- Concurrent List
- Joint sitting of Parliament
Japan
- Procedure established by law
Germany
- Suspension of Fundamental Rights during the Emergency
Canada
- Scheme of federation with a strong Centre
- Distribution of powers between the Centre and the States and placing Residuary Powers with the Centre
Ireland
- Concept of Directive Principles of State Policy
- Method of election of the President
South Africa
- Procedure for amendment of the constitution and election of member of Rajya Sabha
France
- Republic and the ideals of Liberty, equality, and fraternity in the Preamble.
Main Features of the Indian Constitution
- Bulkiest written Constitution in the World: The Indian Constitution is renowned for its extensive length and detail, making it the bulkiest written constitution globally.
- Combination of Rigidity and Flexibility: The Constitution combines elements of both rigidity and flexibility, allowing for amendments while also safeguarding core principles.
- Parliamentary System of Government: India follows a parliamentary system of government, where the executive is accountable to the legislature.
- Federal System with a Unitary bias: While India is structured as a federal system with powers divided between the Centre and the states, it also exhibits a unitary bias, giving more authority to the Centre in certain matters.
- Fundamental Rights and Duties: The Constitution guarantees fundamental rights to its citizens while also outlining fundamental duties to promote a sense of responsibility among citizens towards the nation.
- Directive Principles of State Policy: These principles provide guidelines for the state to establish social and economic justice and ensure the welfare of its citizens.
- Integrated and Independent Judiciary: India has a single integrated judicial system with the Supreme Court at the apex, ensuring judicial independence and upholding the rule of law.
- Single Citizenship: Unlike some federal systems, India follows a system of single citizenship, where every citizen is subject to the same set of rights and duties across the country.
- Emergency Powers: The Constitution provides for emergency provisions to deal with situations of national crisis, including national emergency, state emergency, and financial emergency.
- Universal Adult Franchise: India follows the principle of universal adult franchise, ensuring that every adult citizen has the right to vote regardless of caste, creed, religion, gender, or economic status.
Rights to Constitutional Remedies
- Freedom of Press is implicit in Article 19: While not explicitly mentioned, the freedom of the press is implied within the provisions of Article 19 of the Indian Constitution.
- Article 20 and 21 cannot be suspended during National Emergency: Article 352 of the Constitution, which deals with the proclamation of National Emergency, stipulates that certain fundamental rights, including those under Article 20 (protection in respect of conviction for offenses) and Article 21 (protection of life and personal liberty), cannot be suspended even during a National Emergency.
- Right to Property under Article 19 (1) (f): Initially, the right to property was a fundamental right under Article 19 (1) (f). However, it was repealed by the 44th Amendment Act, 1978, and was subsequently made a legal right under Article 300A of the Constitution.
- Rights to Constitutional Remedies:
- Right to move to the Supreme Court (Article 32) and the High Courts (Article 226): In case of violation of fundamental rights, individuals have the right to approach the Supreme Court under Article 32 and the High Courts under Article 226 for appropriate remedies.
- BR Ambedkar’s perspective: Dr. BR Ambedkar referred to Article 32 as the “Heart and Soul of the Constitution“, emphasizing its significance in safeguarding fundamental rights.
Types of Writs
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- 5 Writs: The Supreme Court and High Courts have the authority to issue five types of writs:
- Habeas Corpus: A writ that commands the authorities to produce a detained person before the court and justify the legality of their detention.
- Mandamus: A writ that orders a public official or body to perform a duty that they are legally obligated to perform.
- Prohibition: A writ that prohibits a lower court from proceeding with a case that falls outside its jurisdiction.
- Certiorari: A writ that orders the quashing of a decision made by a lower court or tribunal that is beyond its authority.
- Quo Warranto: A writ that challenges the legality of a person holding a public office and demands to know by what authority they hold the office.
- 5 Writs: The Supreme Court and High Courts have the authority to issue five types of writs:
