Constitution of India: Sovereignty, Republicanism & Shaping Democracy

From Independence to Democracy – An Evolution of Indian Constitution 

The Constitution of India was framed after gaining independence from British colonial rule in 1947. 

The process was led by a Constituent Assembly composed of eminent leaders and experts, and it took nearly three years to complete. 

The Constitution of India, adopted on January 26, 1950, laid the foundation for the world’s largest democracy, outlining its principles, governance structure, and fundamental rights.  It remains a remarkable achievement in the history of nation-building.

What role did the demand for a Constituent Assembly play in shaping the Constitution of India?

Do You Know?

• The Constitution of India drew its authority from the fact that members of the Constituent Assembly engaged in what one might call public reason (Principle of Deliberation).
• The introduction of Universal suffrage was only one provision of the Constitution of India that passed without any debate.

Formative Composition of the Constituent Assembly and the Constitution of India

• The Constituent Assembly was a diverse and representative body, designed to craft India’s future governance framework. 
• Its inclusive composition aimed to reflect the multitude of voices and perspectives that would shape the Constitution of India.

Chronicles of the Constituent Assembly in Shaping the Constitution of India

• Inaugural Meeting: The Constituent Assembly’s first meeting on December 9, 1946, was marred by the Muslim League’s boycott, resulting in a limited attendance of only 211 members.
  • Dr. Sachidanand Sinha, the assembly’s oldest member, was chosen as the temporary president following the French parliamentary tradition.
  • A subsequent election saw the election of Dr. Rajendra Prasad as the President of the Constituent Assembly.
  • Two Vice-Presidents, H.C. Mukherjee and V.T. Krishnamachari, were also appointed to support the assembly’s leadership.
• Historic Objective Resolution: On December 13, 1946, Jawaharlal Nehru introduced the Objectives Resolution, a significant event in the early sessions of the Constituent Assembly.
• The Objectives Resolution encapsulated the foundational principles and philosophical underpinnings of India’s constitutional structure.
• This crucial resolution was formally adopted by the Constituent Assembly on January 22, 1947, setting the stage for the nation’s constitutional framework.
• Notably, the present Preamble of the Indian Constitution is a modified version of the Objective Resolution, reflecting its enduring importance.
• Extended Deliberations and Final Session: Beyond the Gavel
• The Constituent Assembly conducted a total of 11 sessions (two years, 11 months, and 18 days) during its dedicated efforts to shape Constitution of India.
• The final session concluded on January 24, 1950, marking a significant milestone in the nation’s constitutional journey.
• Despite this, the Constituent Assembly continued to function as the provisional parliament of India from January 26, 1950, until a new Parliament was established after the first general elections in 1951-52.

Evolution of the Constituent Assembly: Impact and Changes Post-Independence in the Making of the Constitution of India

The Indian Independence Act of 1947 ushered in significant changes within the Constituent Assembly, providing it with sovereign authority and altering its composition and functions to pave the way for the framing of the Constitution of India.

• Sovereign Authority: The Indian Independence Act of 1947 marked a pivotal shift by granting the Constituent Assembly full sovereign authority.
• • This empowering change meant that the assembly had the jurisdiction to revoke or amend any law, a significant step in the process of framing of the Constitution of India.
• Separate Functions for Constituent Assembly: It serves as both the First Parliament of Free India (Dominion Legislature) and the Constituent Assembly. 
  • With the Legislative body presided over by G.V Mavalankar (He was elected as First Speaker of the Lok Sabha after India became Republic)
  • The Constituent body chaired by Dr. Rajendra Prasad. 
  • This duality persisted until November 26, 1949, marking a unique period of transition.
• Assembly’s Strength: The composition of the Constituent Assembly underwent changes as well. The total strength was reduced to 299 from 389 members (Cabinet Mission Plan)  after the departure of the Muslim League members.
• The number of seats for Indian provinces decreased from 296 to 229,
• While those for princely states were reduced from 93 to 70. 
• These changes were integral to the reconfiguration of the assembly to align with the evolving political landscape of the time.

Enacting and Transforming the Constitution of India in the Journey to Sovereignty

The enactment and enforcement of the Constitution of India were significant milestones in the nation’s history, signifying the transition to a sovereign, democratic republic and the repeal of colonial-era laws. 

• Enacted On : The Constitution of India was formally adopted on November 26, 1949, a significant milestone in the history of independent India.
• Number of Members Present: Out of the total 299 members in the Constituent Assembly, 284 were present on the day the Constitution was adopted, and they signed the document.
• Composition of the Constitution: The original Constitution of India, as of its adoption, comprised a Preamble, 395 Articles, 8 Schedules, and 22 Parts. 
  • This comprehensive framework laid the foundation for the governance of the nation.
• Preamble Enacted After Full Constitution: Interestingly, the Preamble of the Constitution was enacted after the entire Constitution was already in place. 
  • This decision was made to ensure that the Preamble aligned perfectly with the philosophy and principles encapsulated within the Constitution of India.
• Enactment of Provisions: Some crucial provisions of the Constitution of India came into force on November 26, 1949 itself. 
  • These included aspects related to Citizenship, Elections, provisional Parliament, temporary and transitional provisions, and the short title contained in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, and 393.
• Republic Day: The major part of the Constitution of India came into force on January 26, 1950, a date celebrated as Republic Day in India. 
  • This was the day when India adopted its new republican constitution, marking the country’s transformation into a sovereign, democratic republic.
  • Historical Context: On this day in 1930, during the Lahore Session of the Indian National Congress (INC), the Declaration of Indian Independence was proclaimed and the day is often referred to as Poorna Swaraj Day.
• Repeal of Previous Acts: The adoption of the Constitution of India also led to the repeal of the Indian Independence Act of 1947 and the Government of India Act, 1935, along with all their enactments.   
  • These laws had governed India under colonial rule. However, the Abolition of Privy Council Jurisdiction Act (1949) remained in effect.

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