Indian Constitution: Evolution, Crafting and Features for IAS Aspirants #
To get ready for any competitive exam focusing on Indian polity, candidates must understand the fundamental aspects of the Constitution of India. It covers all the crucial topics for exams like the IAS, especially for the General Studies II syllabus. Understanding the Constitution of India, is highly significant for the UPSC exam. Aspiring IAS candidates need to have a strong grasp of the Indian constitution and its characteristics. This article aims to give you the necessary information about the Constitution of India.
WE ARE GOING TO COVER:
1. SIGNIFICANCE OF CONSTITUTION
2. OBJECTIVE OF CONSTITUTION
3. CONSTITUTIONALISM
4. HISTORICAL EVOLUTION
5. CONSTITUENT ASSEMBLY
6. WORKING OF CONSTITUENT ASSEMBLY
7. COMMITTEES OF CONSTITUENT ASSEMBLY
8. DRAFTING COMMITTEE
9. INDIAN INDEPENDENCE ACT OF 1947 MADE THE FOLLOWING THREE CHANGES
10. FUNCTIONS PERFORMED BY CONSTITUENT ASSEMBLY
11. CRITICISM OF CONSTITUENT ASSEMBLY AND CONSTITUTION #
12. WHAT IS CONSTITUTION? #
13. COMPONENTS OF INTERPRETATION OF CONSTITUTION #
14. SALIENT FEATURES OF CONSTITUTION #
15. BY 42ND AMENDMENT 1976, 5 SUBJECTS MOVED FROM STATE TO CONCURRENT LIST #
16. SEPARATION OF POWER #
17. SIGNIFICANCE OF THE SEPARATION OF POWER DOCTRINE #
18. EXCEPTIONS TO SEPARATION OF POWER #
19. SOURCES OF CONSTITUTION #
Indian Constitution: Foundation of Governance and Societal Aspirations #
- A constitution is a set of basic principles that outline how a state is formed and governed
- The constitution is the fundamental law of the land that reflects the aspirations and goals of a society.
- It is an overarching framework within which one pursues individual aspirations, goals and freedoms.
- It defines the fundamental values that we may not trespass on.
- The constitution is a living document that changes and develops to meet the needs and desires of a society as it evolves. It does so through tools like:
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- Amendments to the constitution
- Judicial interpretations and judgements.
- Conventions
- Statutes
Significance of the Indian Constitution: Shaping Governance and National Identity
- It gives us political framework and distributes decision-making powers.
- The Constitution exhibits our conflicts, aspirations, ideals and national struggle.
- The Constitution also provides individuals with a sense of moral identity. It creates, reflects and accords an Indian identity to individuals.
Objectives of the Indian Constitution
| “Constitution envisions establishing an egalitarian social order rendering to every citizen social, economic and political justice in a social and economic democracy of the Bharat Republic” – Supreme Court observed in 1997 |
- To empower the government to meet the aspirations of a society and establish conditions for a fair society.
- To determine who holds decision-making authority in a society.
- The formation of government is decided by the rules mentioned in the constitution.
- The Constitution is to provide a set of basic rules that allow for minimal coordination amongst members of society.
- To set some limits on what a government can impose on its citizens.
Constitutionalism: Foundations, Principles, and Components
- A political philosophy grounded in the belief that government authority comes from the people and should be restricted by a constitution.
- Origin: The concept of constitutionalism originated from documents like the Magna Carta (1215) of King John of England and the English Bill of Rights.
- Western Constitutionalism: primarily aims to limit and restrict the power of the state. It is negative in orientation, meaning it seeks to disempower and constrain the government.
- Components:
- Rule of Law: formulated by the British jurist A. V. Dicey.
- Separation of Power: India follows the fusion of power and not strict separation of power.
- Free Press and Media
- Independent Judiciary
- Elected Government ( Temporariness of Government )
Historical Evolution of Constitutional Principles
- Inheritance of INM: These principles were forged during the long freedom struggle. The Constituent Assembly was solidifying the principles it had inherited from the nationalist movement.
- Objective Resolutions: Perhaps the best summary of the principles that the nationalist movement brought to the Constituent Assembly is the Objectives Resolution moved by Nehru in 1946. This resolution embodies the hopes and principles that the Constitution stands for.
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The system of Budget was introduced in British India in 1860.
How was the Indian Constitution framed by the Constituent Assembly?
- In 1934, M. N. Roy was the first to propose the idea of a Constituent Assembly for India.
- In 1935, the INC officially requested a Constituent Assembly to draft the Constitution of India.
- The British Government accepted the demand for the first time in the ‘August Offer’ of 1940.
- The Constitution derives its legitimacy from the participation of Constituent Assembly members in a process akin to public deliberation (Principle of Deliberation).
- Constitutional Advisor: B.N Rao
- Drafting Committee: Dr. B.R. Ambedkar
- Introduction of Universal suffrage was only one provision of the Constitution which passed without virtually any debate.
- Constituent Assembly was constituted under the scheme formulated by the Cabinet Mission Plan 1946 ( Members: Lawrence, Cripps, and Alexander)
- Total membership of 389.
- Members from British India: 296
- Seats from princely states: 93
- Seats allotted in proportion to their respective population (1 seat : 1 M)
- Division of among the three principal communities: Muslims, Sikhs and General.
- The Constituent Assembly was partly elected (provincial legislative assembly) and partly nominated (representatives of princely states) body.
- Members were to be chosen indirectly by members of the provincial assemblies, who were elected through a limited franchise.
- Assembly does not include Mahatma Gandhi.
- The Constituent Assembly had 11 sessions over 2 years, 11 months and 18 days.
- Final session: January 24, 1950. It, however, continued as the provisional parliament of India from January 26, 1950, till the formation of a new Parliament after the first general elections in 1951–52.
How did the Indian Constitution Assembly operate during its initial meetings and Decision-Making Processes?
- The first meeting was held on December 9, 1946, with 211 members present, but the Muslim League decided not to attend.
- The oldest member of the Assembly, Sachchidananda Sinha, was chosen as the Temporary President, following a practice similar to that of France.
- Later, Dr. Rajendra Prasad was elected as the President of the Assembly.
- Vice Presidents (Two): Both H.C. Mukherjee and V.T. Krishnamachari
- Objectives Resolution, moved on December 13, 1946; by Jawaharlal Nehru
- Representatives from the princely states, who initially abstained from the Constituent Assembly, gradually joined.
- Members of the Muslim League from the Indian Dominion joined the Assembly after agreeing to the Mountbatten Plan for partition (June 3, 1947)
Key committees and chairpersons in formulating the Indian Constitution #
1. MAJOR COMMITTEES
In the constituent assembly, there were eight major committees, while others were considered minor committees. Below are the names of these committees and their respective chairpersons:
- Union Powers Committee: Jawaharlal Nehru
- Union Constitution Committee: Jawaharlal Nehru
- Provincial Constitution Committee: Sardar Patel
- Drafting Committee: Dr. B.R. Ambedkar
- Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas: Sardar Patel.
- Rules of Procedure Committee: Dr. Rajendra Prasad
- States Committee (Committee for Negotiating with States): Jawaharlal Nehru
- Steering Committee: Dr. Rajendra Prasad
2. MINOR COMMITTEES
- Finance and Staff Committee: Dr. Rajendra Prasad
- Credentials Committee: Alladi Krishnaswami Ayyar
- House Committee: B. Pattabhi Sitaramayya
- Order of Business Committee: Dr. K.M. Munshi
- Ad-hoc Committee on the National Flag: Dr. Rajendra Prasad
- Committee on the Functions of the Constituent Assembly: G.V. Mavalankar
- Ad-hoc Committee on the Supreme Court: S. Varadachari (Not an Assembly Member)
- Committee on Chief Commissioners’ Provinces: B. Pattabhi Sitaramayya
- Expert Committee on the Financial Provisions of the Union Constitution: Nalini Ranjan Sarkar (Not an Assembly Member)
- Linguistic Provinces Commission: S.K. Dar (Not an Assembly Member)
- Special Committee to Examine the Draft Constitution: Jawaharlal Nehru
- Press Gallery Committee: Usha Nath Sen
- Ad-hoc Committee on Citizenship: S. Varadachari (Not an Assembly Member)
Drafting Committee and the Making of the Indian Constitution
- Among all the committees, the most important and pivotal committee was the seven members Drafting Committee set up on August 29, 1947.
- This committee was given the responsibility of crafting a draft for the new Constitution. Members of this committee were:
- B.R. Ambedkar (Chairman)
- Gopalaswamy Ayyangar
- Alladi Krishnaswamy Ayyar
- K.M. Munshi
- Syed Mohammad Saadullah
- 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 Drafting Committee, after taking into consideration the proposals of the various committees, prepared the first draft of the Constitution of India, which was published in February 1948.
- After considering the suggestions from different committees, the Drafting Committee created the first draft of the Constitution of India, which was released in February 1948.
- Eight months were given to the people of India to discuss the draft and propose amendments.
- A second draft was prepared by the Drafting Committee, It was published in October 1948.
- The Drafting Committee composed a second draft, which was released in October 1948.
- The Drafting Committee took less than six months to prepare its draft.
- Altogether, the drafting committee convened for only 141 days.
Impact of the Indian Independence Act of 1947 on the Constituent Assembly
- The Assembly became a completely independent body with the authority to revoke or modify any law.
- Two distinct tasks were given to the Assembly, each carried out on different days: the legislative body (Chaired by G V Mavalankar) and Constituent body (chaired by Dr. Rajendra Prasad);
- First Parliament of free India (Dominion Legislature).
- These two functions continued till November 26, 1949.
- After the Muslim League members withdrew, the total number decreased to 299 from the 389 specified in the Cabinet Mission Plan.
Significant achievements of the Indian Constituent Assembly in shaping the Indian Constitution
- Making of the Constitution and enacting of ordinary laws
- Ratified India’s membership of the Commonwealth in May 1949.
- Adopted the national flag on July 22, 1947.
- Adopted the national anthem on January 24, 1950.
- Adopted the national song on January 24, 1950.
- It elected Dr. Rajendra Prasad as the first President of India on January 24, 1950.
| The Constitution as adopted on November 26, 1949, contained Preamble, 395 Articles and 8 Schedules.
January 26 as ‘date of commencement’ – In 1930, Purna Swaraj day was celebrated at the Lahore Session (December 1929) of the INC. |
NOTE – The Preamble was enacted after the entire Constitution was already enacted to align with the philosophy of the constitution.
Criticisms Against the Indian Constituent Assembly and Constitution
- Non-representative Composition: Not directly elected by the people of India on the basis of universal adult franchise.
- Dominated by Congress: 82% of seats in assembly were held by INC
- Constitution is un-Indian and slavish imitation of Western constitutions
- Time Consuming Exercise: Final Drafting took almost a 3-year span.
- Elephantine-sized and complicated language is Lawyer’s paradise.
- While not entirely disregarded, the constitution’s departure from Gandhian principles was evident.
- Communist’s opposition to parliamentary democracy.
- Carbon Copy of the 1935 Act or Amended Version of the 1935 Act.
Indian Constitution: Key Components of Interpretation
- Constitutional assembly debates
- Doctrine of liberal interpretation
- Tools evolved by judiciary (apex court)
- Doctrine of progressive interpretation – in alignment with contemporary realities.
- Doctrine of prospective interpretation
- Article 367 – General Clauses Act, 1897
Key Features of the Indian Constitution #
- Borrowed constitution (referred constitution of 60+ countries)
- Structural part – GOI act 1935
- Philosophical part – American + Irish constitution
- Political party – British constitution
- Blend of rigidity (American constitution) and flexibility (British constitution)
- Synthesis of Parliamentary Sovereignty (Britain) and Judicial Supremacy (USA)
- Federal System with Unitary Bias: ‘quasi-federal’, ‘co-operative federalism’.
- Fundamental Rights (Part III), DPSP (Part IV) (‘novel feature’), FD (Part IVA)
- Secular State: Added by 42nd CAA 1976, Preamble, Art. 14, 15, 16, 25, 30, and 44.
- Universal Adult Franchise: Voting age as 18 years from 21 years (61st CAA 1988)
- A Single Citizenship.
- Emergency Provisions: Art. 352, 356, 360.
- Accords socio-economic justice (DPSP) along with political justice (FR)
- Unique blend of Justiciable and non-justiciable rights—Sapru Committee
- Independent (Federal feature) and Integrated judiciary (Unitary feature)
- Independent Bodies: ELECTION COMMISSION OF INDIA (Art 324), CAG (Art. 148), Public Service commissions- UNION PUBLIC SERVICE COMMISSION (UPSC) , STATE PUBLIC SERVICE COMMISSION, UNION PUBLIC SERVICE COMMISSION (UPSC) (Art 315-323); known as Bulwarks of the democratic system of India.
- Third-tier of Government: PANCHAYAT RAJ (Sch.11) and (Sch.12)
Limitations and Challenges of the Indian Constitution
- The Indian Constitution embodies a concept of centralized national unity.
- It seems to have overlooked significant matters concerning gender equality, especially within families.
- Some fundamental socio-economic rights were placed within the Directive Principles section instead of being included as an essential part of our fundamental rights.
Schedules of the Indian Constitution
| SCHEDULES | PROVISIONS |
| Schedule 1 | • Name of states and UTs along with territorial jurisdiction. |
| Schedule 2 | • Provisions relating to emoluments, allowances, and privileges: President, governors, speaker and Dy. Speaker of LS and SLA, chairman and Dy. Chairman of RS and SLC, judges of SC and HC, CAG. |
| Schedule 3 | • Forms of Oaths or Affirmations
• “Oath of secrecy” should be replaced by “Oath of transparency” (2nd ARC) |
| Schedule 4 | • Allocation of seats in the Rajya Sabha to the states and UTs;
• Punchhi commission recommended “equal representation” of states in Rajya Sabha |
| Schedule 5 | • Administration and control of scheduled areas and scheduled tribes |
| Schedule 6 | • Administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram (Art. 244 and 275) -> AMTM |
| Schedule 7 | • Division of powers between the Union and the States via 3 lists.
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| Schedule 8 | • Languages recognized by the Constitution. (Originally – 14 languages. presently there are 22 languages.) (Note: English and Bhojpuri not Schedule Languages) |
| Schedule 9 | • Protection of laws from judicial invalidation (added by 1st amendment 1951; PM – Jawaharlal Nehru);
• Post Kesavananda Bharti case of 24 April 1973, Judicial Review is part of basic structure of constitution, hence 9th schedule is not an exception |
| Schedule 10 | • Originally added by 35th CAA 1974 along with Art. 2A. (Sikkim).
• Subsequently, 52nd CAA 1985 deals with anti–defection replaced above provisions; speaker’s decision liable for Judicial review – SC in Kihoto Hollohan case 1992 |
| Schedule 11 | • Specifies powers, responsibilities and authorities of panchayats (Art.243 G);
• Added by 73rd CAA 1992; consist of 29 functional matters. |
| Schedule 12 | • Specifies powers, responsibilities and authorities of municipalities (Art.243 W);
• Added by 74th CAA 1992; consist of 18 functional matters. |
Transfer of Subjects to Concurrent List by the 42nd Amendment Act of 1976
- Forest
- Weights and measures
- Protection of wildlife
- Administration of justice and Organisation of subordinate courts.
- Education (excluding primary)
Separation of Powers in the Indian Constitution
- In India, a separation of functions rather than of powers is followed.
- India follows a mixed separation of power model unlike the USA.
- System of checks and balances has been put in place in India.
- Article 50: Obligation over the State to separate the judiciary from the executive.
- Article 123: Ordinance making power of the President in certain conditions.
- Articles 121 and 211: Legislatures cannot discuss the conduct of a judge of the Supreme Court or High Court. They can only do that in the case of impeachment.
Importance of Separation of Powers
- Keeps away autocracy -corruption, nepotism, abuse of power.
- Safeguards individual liberty
- Helps create an efficient administration
- Judiciary’s independence is maintained.
- Promotes division of labour, efficiency, specialization.
- It prevents the legislature from passing arbitrary or unconstitutional laws.
Deviation from Separation of Powers in the Indian Constitution
- Setting up independent regulator for sector of economy
- Executive conferred with judicial powers – SDM, DM, Tehsildar
- Parliamentary form of government – Executive are members of legislature.
- Schemes such as MPLAD, etc.
Foundations of the Indian Constitution: Sources and Evolution
“One likes to ask whether there can be anything new in a constitution framed at this hour in the history of the world… The only new thing, if there can be any, in a constitution framed so late in the day are the variations, made to remove the failures and accommodate it to the needs of the country.” – B. R AMBEDKAR
| SOURCE CONSTITUTION | FEATURES BORROWED |
| GOI 1935 | 2/3rd of constitution, British Federal Scheme, Office of governor, Judiciary, Public Service Commissions, Emergency provisions, administrative details. |
| British Constitution | Parliamentary government, Rule of Law, legislative procedure, single citizenship, cabinet system, writs, parliamentary privileges, bicameralism, FPTP method. |
| US Constitution | Fundamental rights, independence of judiciary, judicial review, impeachment of the president, removal of Supreme Court and high court judges and post of vice-president. |
| Irish Constitution | Directive Principles of State Policy, nomination of members to Rajya Sabha and method of election of president. |
| Canadian Constitution | Federation with a strong Centre, vesting of residuary powers in the Centre, appointment of state governors by the Centre, and advisory jurisdiction of the Supreme Court. |
| Australian Constitution | Concurrent List, freedom of trade, Constitution commerce and inter-course and joint sitting of the two Houses of Parliament. |
| Weimar constitution (Germany) | Suspension of Fundamental Rights of Germany during Emergency. |
| Soviet Constitution (USSR- Now Russia) | Fundamental duties and the ideal of (USSR, now Russia) justice (social, economic and political) in the Preamble. |
| French Constitution | Republic and the ideals of liberty, equality and fraternity in the Preamble. |
| South African Constitution | Procedure for amendment of the Constitution and election of members of Rajya Sabha |
| Japanese Constitution | Procedure established by Law. |
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