The Constitution of India is the backbone of the world’s largest democracy. This document is more than just a legal manuscript; it is a living testament to the diverse and dynamic nature of India, reflecting its geographical, historical, cultural, and linguistic richness. The Supreme Court of India has often referred to the Constitution as the country’s foremost document, a guiding light that evolves with the times. In the landmark case of Navtej Singh Johar & ors. vs. Union of India (2016), the Supreme Court emphasized that our Constitution is a living document, capable of adapting to societal changes and developments.
Dr. B.R. Ambedkar, the principal architect of the Indian Constitution, studied the constitutions of sixty other countries to craft a document that would stand on par with those of developed nations. The Constitution was designed to heal the wounds of India’s struggle for independence and to instill confidence and enduring freedom among its citizens. It provides a framework that prevents the country from falling prey to external and internal threats, ensuring a stable and equitable society.
Understanding the Constitution
To appreciate the significance of the Indian Constitution, it’s vital to grasp what a constitution is. Derived from the Latin word “constituere,” meaning “to set up,” a constitution is the foundational structure upon which a government’s administration is based. It is the source of all laws and lays out the rights and responsibilities of citizens and foreign nationals. It is the ultimate legal authority in the land, and any law that contradicts the Constitution cannot be enforced.
The Indian Constitution is the world’s most extensive, consisting of a Preamble, 448 Articles spread across 25 parts, 12 Schedules, and 5 Appendices. With over 146,385 words, it is a comprehensive document that has been amended numerous times to remain relevant. Dr. Rajendra Prasad chaired the Constituent Assembly, which drafted this holistic document, officially adopted on November 26, 1949, and came into effect on January 26, 1950.
Constitutional Law
Constitutional law is the body of law that defines the roles, powers, and structures of different state entities, including the legislature, executive, and judiciary. It is based on the Constitution and is essential for understanding how a country functions. Constitutional law ensures that the government operates within its bounds and protects the fundamental rights of its citizens.
Historical Evolution of the Constitution
The journey to the Indian Constitution began in the 1600s with the establishment of the East India Company. Initially meant for trade, the company gradually gained political control over India. The Regulating Act of 1773 marked the beginning of British governance, establishing the Supreme Court in Calcutta and appointing a Governor-General to oversee the company’s operations.
Several legislative measures followed, including the Charter Acts, which laid the groundwork for India’s constitutional development. The Government of India Act of 1935 was a significant milestone, as it provided a framework for India’s federal structure and laid the foundation for the modern Indian Constitution.
British Influence (1600-1765)
In 1599, London merchants petitioned Queen Elizabeth I to establish a company for trade with the Indies, leading to the incorporation of the East India Company in 1600. Initially focused on transporting spices, the company expanded its operations, establishing presidencies in Bombay, Madras, and Calcutta.
Charter of 1726 and the Establishment of the Mayor’s Court
The Charter of 1726 set up the Mayor’s Court in India, introducing English law to the subcontinent. This laid the groundwork for the judicial system that would later evolve under British rule.
Beginning of British Rule (1765-1858)
The East India Company gained significant power with the grant of Diwani rights, allowing it to collect revenues in Bengal, Bihar, and Orissa. The company’s judicial and administrative powers expanded, leading to the establishment of British control over India.
The Regulating Act of 1773
The British Crown passed the Regulating Act to oversee the East India Company’s political affairs. This act marked the beginning of Crown control over the company, leading to the appointment of Warren Hastings as the first Governor-General of Bengal.
The Act of Settlement 1781
To address the Regulating Act’s shortcomings, the Act of Settlement was enacted, refining the Supreme Court’s jurisdiction and empowering the Governor-General to set regulations for provincial courts.
Pitt’s India Act 1784
The British government asserted ownership of Indian territories, separating the company’s commercial and political functions, and establishing a system of direct supervision over Indian affairs.
The Charter Act of 1813
The Charter Act of 1813 ended the East India Company’s trade monopoly, opening Indian trade to all British subjects and asserting the British Crown’s supreme power over Indian councils.
The Charter Act of 1833
This act marked a crucial step toward centralization, transforming the Governor-General of Bengal into the Governor-General of India and turning the East India Company into an administrative body.
The Charter Act of 1853
The 1853 Act further separated legislative and executive functions, established a separate Legislative Council for India, and introduced an open competition system for civil service recruitment.
End of the East India Company’s Rule
The Government of India Act, 1858
Following the Revolt of 1857, the British Crown took direct control of India, ending the East India Company’s rule. The Secretary of State for India assumed all powers, assisted by a Council of India, with Lord Canning as the first Viceroy.
The Indian Council Act of 1861
This act established legislative councils in provinces and the center, introduced indirect elections, and expanded the Legislative Councils’ functions.
Morley-Minto Reforms and The Indian Councils Act of 1909
The Indian Councils Act of 1909, introduced by Morley and Minto, expanded the Central Legislative Council, introduced direct elections, and provided separate electorates for Muslims.
Introduction to Self-Government
Self-government marked the beginning of increased Indian participation in governance, preparing the ground for the Indian Constitution. The Government of India Act of 1935 laid the groundwork for drafting the Constitution.
The Government of India Act, 1919, and the Montagu-Chelmsford Report
The Act introduced dyarchy in provinces, a bicameral legislature at the center, and extended voting rights, allowing 10% of the population to vote.
Simon Commission, 1927
The Simon Commission was tasked with reviewing the Government of India Act, 1919. Its exclusion of Indians led to widespread protests and boycotts, uniting Congress and the Muslim League.
The Government of India Act, 1935
This act was the last constitutional reform by the British, creating a federal structure, a bicameral legislature, and a Federal Court.
Cripps Mission, 1942
The Cripps Mission proposed an elected body to frame India’s Constitution and allowed provinces to form their constitutions and unions, but its primary goal was India’s cooperation in World War II.
The Cabinet Mission, 1946
The Cabinet Mission aimed to secure Indian leaders’ agreement on framing the Constitution, forming an interim government, and creating a Union of India with states.
The Indian Independence Act, 1947
This act marked India’s independence, creating two dominions, India and Pakistan, and allowing princely states to choose their allegiance.
Framing of the Constitution of India
The Constituent Assembly, formed on December 9, 1946, was tasked with drafting the Constitution. Dr. B.R. Ambedkar chaired the Drafting Committee, which prepared the final draft.
Constituent Assembly
The Constituent Assembly included leaders like Pandit Jawaharlal Nehru, Dr. Rajendra Prasad, and Sardar Vallabhbhai Patel. It was responsible for drafting a Constitution that reflected the aspirations of an independent India.
Committees under the Constituent Assembly
The Constituent Assembly had 22 committees, including procedural, substantive, and drafting committees, each with specific functions to ensure a comprehensive Constitution.
Drafting Committee
The Drafting Committee, chaired by Dr. B.R. Ambedkar, was crucial in finalizing the Constitution, incorporating elements from various countries to suit India’s unique needs.
Sessions of the Constituent Assembly
The Constituent Assembly held eleven sessions, taking nearly three years to draft the Constitution. Each session focused on different aspects, from the Objective Resolution to the final adoption of the Constitution.
Adoption of the Constitution of India
The Constitution was adopted on November 26, 1949, and came into force on January 26, 1950. It declared India a sovereign democratic republic and has been amended to include “socialist” and “secular” in the Preamble.
Role of Amendments to the Present-Day Constitution
The Indian Constitution is a dynamic document, with amendments ensuring its relevance and adaptability. Article 368 allows for amendments, reflecting the changing needs of society and enhancing the Constitution’s reliability.
Conclusion
The Indian Constitution embodies the vision of its framers, balancing flexibility with the ability to adapt to changing scenarios. It remains a living document, reflecting the aspirations of a diverse nation and ensuring justice, equality, and fraternity for all its citizens.
