Indian Constitution: Evolution, Features and Making of a Democratic Framework

Indian Constitution: Evolution, Crafting and Features for IAS Aspirants

To prepare for Indian Polity for any competitive exam, aspirants have to know about the basics of the Constitution of India. It gives an idea on all the topics important for the IAS Exam and the polity syllabus (GS-II.)
The Constitution of India, the Preamble and related topics are extremely important for the UPSC exam. This is an essential portion of polity. As IAS aspirants, you should be thorough with the constitution of India.

This article will provide you with relevant details 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

1. A constitution is a body of fundamental principles according to which a state is constituted or governed.
2. The constitution is the fundamental law of land which fulfills aspirations and goals of a society.
3. It is an overarching framework within which one pursues individual aspirations, goals and freedoms.
4. It defines the fundamental values that we may not trespass.
5. The constitution is living document which grows and evolves according to needs and aspirations of changing society through instruments such as –

• • 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 gives one a moral identity.
• It creates, reflects and accords an Indian identity to individuals.

Objectives of the Indian Constitution

• To enable the government to fulfill the aspirations of a society and create conditions for a just society.
• To specify who has the power to make decisions in a society. It decides how the government will be constituted.
• 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 based on the idea that government authority is derived from the people and should be limited by a constitution.
• Origin– Magna Carta (1215) of King John of England and English Bill of Rights.
• Western idea of constitutionalism is negative in orientation as it seeks to restrict, disempower and limit the state.
• Components –
  • Rule of law – Developed by British ruler Dicey
  • Separation of power – India follows the mixed separation of power model
  • 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 giving concrete shape and form to the principles it had inherited from the nationalist movement.
• 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 encapsulated the aspirations and values behind the Constitution.

The system of Budget was introduced in British India in 1860.

How was the Indian Constitution framed by the Constituent Assembly?

• Idea of a Constituent Assembly for India was put forward for the first time by N. Roy in 1934.
• INC first time officially demanded a Constituent Assembly to frame the Constitution of India in 1935.
• The British Government accepted the demand for the first time in the ‘August Offer’ of 1940.
• The Constitution drew its authority from the fact that members of the Constituent Assembly engaged in what one might call public reason (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 à Lawrence, Cripps, 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 indirectly elected by the members of the provincial assemblies, who themselves were elected on a limited franchise.
• Assembly does not include Mahatma Gandhi.
• The Constituent Assembly had 11 sessions over two 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?

• First meeting on Dec 9, 1946 (Muslim League boycotted); attended by 211 members.
• Temporary President of the Assembly- Sachchidananda Sinha, the oldest member, was elected as following the French practice.
• 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 of the princely states, who had stayed away from the Constituent Assembly, gradually joined
• Members of the Muslim League from Indian Dominion also entered the Assembly after acceptance of Mountbatten Plan of partition (June 3, 1947)

Key committees and chairpersons in formulating the Indian Constitution

1. MAJOR COMMITTEES

In the constituent assembly, eight were major committees and the others were minor committees. The names of these committees and their Chairman are given below:

1. Union Powers Committee – Jawaharlal Nehru
2. Union Constitution Committee -Jawaharlal Nehru
3. Provincial Constitution Committee -Sardar Patel
4. Drafting Committee – Dr. B.R. Ambedkar
5. Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas – Sardar Patel.
6. Rules of Procedure Committee – Dr. Rajendra Prasad
7. States Committee (Committee for Negotiating with States) – Jawaharlal Nehru
8. Steering Committee – Dr. Rajendra Prasad

2. MINOR COMMITTEES

1. Finance and Staff Committee – Dr. Rajendra Prasad
2. Credentials Committee – Alladi Krishnaswami Ayyar
3. House Committee – B. Pattabhi Sitaramayya
4. Order of Business Committee – Dr. K.M. Munshi
5. Ad-hoc Committee on the National Flag – Dr. Rajendra Prasad
6. Committee on the Functions of the Constituent Assembly – G.V. Mavalankar
7. Ad-hoc Committee on the Supreme Court – S. Varadachari (Not an Assembly Member)
8. Committee on Chief Commissioners’ Provinces – B. Pattabhi Sitaramayya
9. Expert Committee on the Financial Provisions of the Union Constitution -Nalini Ranjan Sarkar (Not an Assembly Member)
10. Linguistic Provinces Commission – S.K. Dar (Not an Assembly Member)
11. Special Committee to Examine the Draft Constitution – Jawaharlal Nehru
12. Press Gallery Committee – Usha Nath Sen
13. 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.
• It was this committee that was entrusted with the task of preparing a draft of 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.
• The people of India were given eight months to discuss the draft and propose amendments.
• The Drafting Committee prepared a second draft, which was published in October, 1948.
• The Drafting Committee took less than six months to prepare its draft.
• In all, the drafting committee sat only for 141 days.

Impact of the Indian Independence Act of 1947 on the Constituent Assembly

• The Assembly was made a fully sovereign body, free to abrogate or alter any law.
• Two separate functions were assigned to the Assembly (performed on separate days) – 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 withdrawal of Muslim League members, total strength came down to 299 as against 389 under the Cabinet Mission Plan.

Significant achievements of the Indian Constituent Assembly in shaping the Indian Constitution

1. Making of the Constitution and enacting of ordinary laws
2. Ratified India’s membership of the Commonwealth in May 1949.
3. Adopted the national flag on July 22, 1947.
4. Adopted the national anthem on January 24, 1950.
5. Adopted the national song on January 24, 1950.
6. It elected Dr. Rajendra Prasad as the first President of India on January 24, 1950.

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

1. Non-representative composition – Not directly elected by the people of India on the basis of universal adult franchise.
2. Dominated by Congress – 82% seats of assembly were held by INC
3. Constitution is un-Indian and slavish imitation of Western constitutions
4. Time Consuming exercise – Final Drafting took almost a 3-year span.
5. Elephantine sized and complicated language – Lawyer’s paradise.
6. Un-Gandhian nature of constitution, although not sidelined completely.
7. Communist’s opposition to parliamentary democracy.
8. Carbon Copy of the 1935 Act or Amended Version of the 1935 Act.

Indian Constitution: Key Components of Interpretation

1. Constitutional assembly debates
2. Doctrine of liberal interpretation
3. Tools evolved by judiciary (apex court)
4. Doctrine of progressive interpretation – in alignment with contemporary realities.
5. Doctrine of prospective interpretation
6. 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, 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

1. The Indian Constitution has a centralized idea of national unity.
2. It appears to have glossed over some important issues of gender justice, particularly within the family.
3. Certain basic socio-economic rights were relegated to the section on Directive Principles rather than made an integral feature of our fundamental rights.

Schedules of the Indian Constitution

42nd Amendment of the Indian Constitution

• Forest
• Weights and measures
• Protection of wildlife
• 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.
• Unlike in the US, in India, the concept of a separation of powers is not adhered to strictly.
• 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 do so only in 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.
• Prevents the legislature from enacting 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, LAD 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

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