Introduction to the Indian Constitution Notes Du DuExam
Introduction
This document is from the Department of Distance and Continuing Education, University of Delhi.
It's part of the B.A. (Hons.) Economics/English/ B.Com. (Hons.) program, Semester-II.
Course Credit - 4
Generic Elective (GE) - Political Science
Subject: INTRODUCTION TO THE INDIAN CONSTITUTION
It follows the UGCF - 2022 and National Education Policy 2020.
Editorial Board
Includes Dr. Shakti Pradayani Rout, Dr. Shambhu Nath Dubey, and Dr. Mangal Deo.
Content Writers
Includes Dr. Duryodhan Nahak, Ashutosh Kumar Jha, Manila Narzary, and Dr. Smita Agarwal.
Academic Coordinator
Deekshant Awasthi
Copyright and Publication Information
First edition: 2023
Published by: Department of Distance and Continuing Education, University of Delhi
Printed by: School of Open Learning, University of Delhi
Corrections/Modifications/Suggestions
Will be incorporated in the next edition and uploaded on the website https://sol.du.ac.in.
Feedback or suggestions can be sent to feedbackslm@col.du.ac.in .
Table of Contents
Unit I: Constitutional Antecedents and Making of Constitution of India (Dr. Duryodhan Nahak)
Unit II: Basic Features of the Indian Constitution (Dr. Duryodhan Nahak)
Unit III: Fundamental Rights (Ashutosh Kumar Jha)
Unit IV: Obligations of State and Duties of Citizens (Ashutosh Kumar Jha)
Unit V: Organs of Constitutional Governance: Legislative and Executive (Manila Narzary)
Unit V: Organs of Constitutional Governance: Judiciary (Manila Narzary)
Unit VI: Centre State Relations (Dr. Smita Agarwal)
Unit VI: Decentralization (Dr. Smita Agarwal)
Unit I: Constitutional Antecedents and Making of Constitution of India
Learning Objectives
Understand the historical development of the Indian Constitution.
Understand foundational values.
Introduction
The constitution is the embodiment of rules and regulations for the governance of a country.
Normative themes like rights, liberty, equality, fraternity, and justice have been central to movements like the French Revolution of 1789.
Reinforced by the American declaration of rights in 1791.
Influenced by the Glorious Revolution of 1688 in Britain, which promoted liberty, equality, and property.
Magna Carta (1215) granted rights to the middle class.
Constitutions can be written or unwritten.
Unwritten constitutions exist in countries such as Britain.
Constitutions come into force in cases of social revolution, overthrow of totalitarian regimes, or liberation from foreign rule.
India falls into the last category, gaining freedom from British rule on August 15, 1947, after a protracted struggle led by Mahatma Gandhi.
The Indian Constitution was framed between 1946 and 1949 under the guidance of B.R. Ambedkar, Pt. Jawaharlal Nehru, Rajendra Prasad, and Maulana Abul Kalam Azad.
Framing was completed on November 26, 1949, and it came into force on January 26, 1950.
India is governed by the constitution, regarded as the religious Bible for the country.
Seeds of the constitution were sown before the Constituent Assembly in December 1946.
The British parliament passed acts for the governance of India in the 18th and 19th centuries, including:
Regulating Act of 1773
Judicature Act of 1781
Pitt's India Act of 1784
Charter Acts of 1793, 1813, 1833, and 1853
Rulers of East-India company looted revenue for their own shake
Regulating Act of 1773
It brought an attempt to control the affairs of East-India company and bring them under control of the British Crown slowly.
Ended dual administration in Bengal.
Created the provision of Governor General of Bengal
Unified the civil and revenue administration of Bengal, Bihar, and Odisha.
Pitt's India Act of 1784
Created provision of Board of Control which was intended to regulate the activities of the East-India Company.
Charter Act of 1813
Ended the monopoly of trade by the East India Company except for tea and trade with China.
Made provision for spending one lakh rupees for promoting education and literary activities in India.
Allowed Christian missionaries to propagate religious activities.
Charter Act of 1833
Made provision of Governor General for the whole of the country.
Added the fourth member in the Governor General’s council.
Lord William Bentick was declared the first Governor General of India.
Act of 1853
The rule of East-India company would rule over India until further act of British Parliament.
Additionally, after India was taken over by the British government, various acts were passed:
Indian Council Act of 1861
Indian Council Act of 1892
Morley-Minto Act of 1909
Montagu-Chelmsford Act of 1919
Government of India Act of 1935
In 1861, the Viceroy was given the right to nominate 6-12 members in the council, laying the foundation of the legislative process in India.
The Government of India Act of 1935 provided the bed-rock of the Indian Constitution of 1950.
Elections were conducted in all provinces in 1935, with the Indian National Congress winning in most.
A federal form of government was introduced in the provinces.
Although there is wide ranging criticism whether constituent assembly was a sovereign body or a representative body, later it was settled the constituent assembly was a representative of people of India, as it was approved by the people in the first general elections of 1951-52.
November 26, 1949: India adopted its Constitution, paving the path to walk independently.
Constitutional Development of India
The Government of India Act 1935 reflects the country's rudimentary governance and evolution to republicanism.
The Constitution reflects the ideas of a nation and state of a community.
Constitutional development started with the Regulating Act of 1773 until 1950.
Citizens must obey constitutional rules, which may guarantee rights and enshrine governance regulations.
The Constitution of India contains principles and ethics governing the state of power.
Parliament enacts laws, applying them for the benefit of citizens.
The Constitution maintains a just society and facilitates honorable conditions.
The base of Constitutional Development can be traced back to the Regulating Act of 1773, drawing inspiration from other British laws.
There is a provision for amendment, making Constitutional Development an ongoing process.
Phases include historical background, an overview of the Constitution, Rule by East India, and Rule by the British crown.
Administrations devised ways to deal with Indian concerns, with deleterious impacts.
The constituent assembly laid the Constitution, which took 2 years, 11 months, and 17 days to complete.
The assembly met to prepare the draft, working on composition, working of the assembly, committees, enactment, and enforcement.
The duration of historical British-India Constitutional development can be characterized into two Phases
Phase 1 (1773-1857): The survey of constitutional development during the power of the East India Company.
Phase 2 (1857-1947): Constitutional investigations under the British Crown.
Origin and Development of Indian Constitution (1773 – 1857)
There are 5 constitutional development and national movement of India that controlled the British East India Company's functioning and helped them rule over India from 1757 to 1857.
The Constitutional Development Acts was been started in year 1773 under the crown rule of East India Company the first act which was been made by colonial government is Regulating Act of year 1773.
Pitts India Act was implemented in year 1784, Charter Act of 1813, 1833 and of year 1853.
Regulating Act (1773)
Centralization in India was formed through the Regulating Act of 1773.
It was the first Act towards Constitutional development in India launched by the British Parliament to manage and control the affairs of the East India Company in India.
Governor-General was the Governor of Bengal according to the Act.
India's first Governor-General was Warren Hastings.
The Governors of Madras and Bombay were inferior to the Governor of Bengal.
The power to create laws and statutes was in the hands of the Governor-General, assisted by 4 members of the council.
East India Company had a fixed number of directors, which was 4.
The Governor-General had to obey the directives of the Company's Directors.
Pitt's India Act (1784)
This Act brought in many systematic changes.
East India Company colonies were called “British Possessions in India."
The Crown and company were founded, which ran a mutual Government of British India and had the supreme power of authority.
A Court of Directors oversaw trading Operations, and a 6-member Board of Control was designated for Political affairs.
The council of the Governor-general was decreased to 3 from 4 members, appointed in Madras and Bombay.
Charter Act (1813)
The Charter Act 1813 ended East India Company's proprietorship by establishing trade with India that was outstretched for even the citizens of British except for the Tea Trade.
Charter Act (1833)
East India Company ceased as a mere executive body and was no longer a commercial body.
The Charter Act 1833 was the final step in the approach of Centralization in India, which began with the Regulating Act of 1773.
Bengal Governor-General evolved as the Governor-General of India.
The first Governor-General of India was Lord William Bentick, who was given full authority over earnings, military, and civil.
Charter Act (1853)
The Act marked the introduction of competitive exams, including the civil service examination, which helped recruit individuals into civil services.
The legislative and executive processes of the Governor-General were divided.
There was an addition of 6 new members to the Legislative Council, 4 members were selected by the Provisional Governments of Bombay, Madras, Agra, and Bengal.
Central Legislative Council was the new name given to the Governor General's Legislative Council under the Act.
It started operating as a Mini-Parliament and embraced the same guidelines as the British.
Constitutional Development of India under British Crown Rule (1857-1947)
The period commenced the 2nd phase of the major landmarks in the constitutional development of India under the British Crown.
Constitutional Development Act Year
Government of India Act of year 1858
Indian Council Act 1861
Indian Council Act 1892
Indian Councils Act, Morley Minto Reforms 1909
Government of India Act, Montagu Chelmsford Reforms 1919
Government of India Act 1935
Cripps Mission 1942
Cabinet Mission 1946
Mountbatten Plan – Indian Independence Act 1947
Government of India Act (1858)
The British parliament passed the Government of India Act 1858, marking the end of East India Company rule.
The authority was assigned to the British Crown, which marked another change in the constitutional development of India.
The powers of the ex-Court Directors were acquired by the Secretary of State for India.
They managed the administration through the Viceroy of India.
The council of India was an advisory body of 15 members that helped the Secretary of State for India.
The Governor-General received the Crown of Viceroy of India.
India's first Viceroy was Lord Canning.
Indian Council Act (1861)
The citizens of India were designated non-official members of the Legislative Council of Viceroy for the first time.
Provinces established the Legislative Councils.
The Indian Council Act 1861 led to the restoration of Madras and Bombay's legislative powers.
Legislative Councils began in Bengal, Punjab, and North-Western Frontier Province (NWFP).
Indian Council Act (1892)
The Act caused the Legislative Council size to increase.
The council has the power to reflect on the budget and could put up inquiries to the executive.
It led to the beginning of indirect elections in India for the first time.
As per the Act's provisions, the principle of representation was initiated.
Indian Councils Act – Morley Minto Reforms (1909)
The Act is popularly known as Morley Minto Reforms.
In the development of the Indian Constitution, this act resulted in the introduction of direct elections for the councils.
Imperial Legislative Council was the difference name as well as work given to Central Legislative Council.
A new system was started that gave reserved seats to only Muslims by providing them with a separate electorate, known as the Communal representation system, where only Muslims could be polled.
The law member of India was Satyendra Sinha.
Indian members were assigned to the Executive Council of Viceroy.
Government of India Act, Montagu Chelmsford Reforms (1919)
The Act introduced Bicameralism in the constitutional development of India.
The central and provincial issues were divided.
It made provisions for placing a statutory board after ten years to examine the working of the Government.
A scheme of quasi Governance, Dyarchy, was presented in the Provincial Subjects; it was divided into Transferred and Reserved.
The transferred list included health, education, agriculture, and local government supervision.
The Government of Ministers held the Transferred list accountable to the Provincial Council.
The reserved list contained foreign affairs, communications, and defence under the rule of the Viceroy.
The Viceroy's Executive Council comprised 6 members, and 3 were Indians.
The Government of India Act 1919 founded the Public Service Commission in India.
Communal Representation extended to Anglo-Indians, Christians, and Sikhs.
Government of India Act (1935)
The Act was the last and the most extended constitutional development established by British India.
It resulted from multiple round table conferences and a declaration by the Simon Commission.
Bicameralism was presented in 6 states (Assam, Bihar, Bengal, Bombay, Madras, and United Provinces) out of 11.
The powers diverged into Provincial List, Federal List, and Concurrent List.
Provincial independence was started in the states by cancelling the Dyarchy.
The Act provided provisions for establishing the Federal Court, RBI, or Reserve Bank of India.
The Act launched the All India Federation consisting of Provinces and the Princely States as units.
Cripps Mission (1942)
Under the supervision of Sir Stafford Cripps, Cripps Mission was sent to India in 1942.
Almost all the parties and factions rejected the recommendations given by the Cripps Mission.
As per the mission's proposals, after the 2nd World War, India would receive the status of Dominion.
An elected body would be appointed in India to structure the Constitution of India.
Cabinet Mission (1946)
Some of the leading suggestions of the Cabinet Mission plan was:
The British Provinces and the Indian States would unite to form the Union of India.
A representative body or Constituent Assembly would be selected, comprising 389 members.
14 members would create a provisional government from the main parties.
Until the Constitution was self imposed the Constituent Assembly would work as the Dominion Legislature.
Mountbatten Plan – Indian Independence Act (1947)
British India was partitioned into India and Pakistan on 14 August 1947. Which make two countries namely Pakistan (West and east Pakistan) and India got independence on 15th of August.
This act in the development of the Indian Constitution granted absolute legislative power to the Constituent Assembly, and the provinces and states formulated their Governments.
Development of Indian Constitution - Current Status
The Indian Constitution guides the country's supreme law.
As per the Constitution, the Government's core political principles are enacted, along with their rights, authority, and responsibility.
Since the constituent assembly drafted the Constitution, it confers constitutional supremacy instead of parliamentary supremacy.
The parliament can hardly override the Constitution of India.
Constitutional Development in India Highlights
The constituent assembly drew up the current Constitution of India, which met for the first time on 9 December 1946.
The proposal to create committees for the Constitution was laid down on 14 August 1947.
After this, the drafting committee was established on 29 August 1947, after which the process of writing the Constitution started.
The first draft of the Constitution was prepared in February 1948 by our first President, Dr Rajendra Prasad.
After that, the Constitution was adopted on 26 November 1949.
After adopting the Constitution, it was enacted on 26 January 1950, making India a Republic country.
The Constitution of India is the biggest and longest-written Constitution in the world since it contains over 395 articles and 12 schedules.
Constituents Assembly Debates
Constituent Assembly Debates are the reiterations of accounts of all the debates and conversations that took place during the process of solidifying the draft.
These are the conversations of the Indian Constituent Assembly which was demonstrated to draft a constitution for independent India.
The Constituent Assembly Debates are important due to the fact that they give us a peek into the dogma and reflections of the members of the Indian Constituent Assembly while drafting the constitution.
The Indian Constituent Assembly came into actuality in May 1946.
The drafting of Indian constitution started in December 1946.
After protracted debate and deliberation the framing of constitution was completed in November 26th 1949.
The contents of the constituent assembly debates were mainly focused on several key areas that continue affecting people till today.
The fundamental rights, federalism, untouchability, preamble, directive principles of state policy, languages of Indian states and the union, functioning of governor, judiciary so on and so forth dominated the discourse on constitution largely.
The Constituent Assembly first assembled on 9th December 1946 and initiated the process of drafting the Indian constitution.
Through several Constitutional Assembly Debates held for over 165 days, the constitution draft was eventually made.
The draft was for nearly three times before it was formally adopted in November 1949.
It's important to go through the Background of Indian Constitution to get the complete idea of how the supreme law of the land came into force.
Constituent Assembly Debates Summary
The Constituent Assembly Debates are an excellent way of gaining into the process which continued for three years while drafting the constitution of India.
The knowledge and experience also played a significant part in making useful recommendations to the clauses of the draft constitution.
The Constituent Assembly Debates can be classified into four stages as follows.
Constituent Assembly Debates Dates Debate on Constitution of India Notes
primary Stage 9th Dec 1946–27th Jan 1948
Union Powers Committee & the Committee on Fundamental Rights and nonages gave recommendations for the guidelines to be followed.
Preliminary Stage 9th Dec 1946 - 27th Jan 1948
Union Powers Committee & the Committee on Fundamental Rights and Minorities gave recommendations for the guidelines to be followed.
A drafting committee was also formed.
The first reading after debate on Constitution of India was happened from 4 November 1948 to 9 November 1948 in which the draft of the constitution was introduced in the Assembly.
The Second Reading was held from 15 November 1948 to 17 October 1949 in which the draft constitution was discussed with each of its clauses given attention.
The Third reading of the Constituent Assembly Debates happened on 14th Nov 1949 - 26th Nov 1949 here The Constituent Assembly was done with all the readings.
The Constitution of India was brought into force on 26th November 1949.
Important Data on Constituent Assembly Debates
Grounded on the information handed through the Constituent Assembly Debates; it took over 165 days to frame all the guidelines in the draft of the Indian constitution.
It sorted of several clauses that were bandied one by one for nearly 100 days.
B.R Ambedkar, who played the most important part in forming the Indian constitution, has the credit of speaking the maximum number of words.
The Fundamental Rights mentioned in Part III of the constitution were bandied for nearly 16 days.
Sorely, women could only form 2 of the total number of actors in the Constituent Assembly Debates as 15 women were only tagged to the Constituent Assembly, out of whom just 10 women participated in the debates.
Part IV containing the Directive Principles of State Policy was bandied for around 6 days
Debate Topics on Constitution of India
Grounded on the information garnered from the Constituent Assembly Debates, and several conversations were held to form the constitution of India.
The constitution was intended to be a companion for the administration workers as well as the citizens of India.
It likewise meant to give equal abecedarian rights while giving certain duties to the Indian citizens that they need to perform as responsible citizens.
Colorful motifs were bandied during the Constituent Assembly Debates that touched every subject related to creating an equal and unprejudiced society in independent India
Constituent Assembly debates on Untouchability.
Federalism Debate on Constitution of India
Constituent Assembly debate on Uniform Civil Code
Debates on Fundamental Rights
Preamble Debate on Constitution of India
Constituent Assembly Debate on Ordinance Making
Power of the President
Constituent Assembly Debate on Abolition of Death Penalty
Constituent Assembly Debates on Untouchability
Untouchability has been a delicate subject in India, and thus the framers of the constitution took enough care & intended to remove this system altogether.
They argued that social equivalency should be achieved & untouchability should be fully wiped off.
They also expressed their belief & support for the views of Mahatma Gandhi, B.R. Ambedkar, Raja Ram Mohan Roy, etc.
Constituent Assembly Debates on Federalism
As per the Constituent Assembly Debates, it was argued that India should be a civil country and major authority should be handed to the countries.
Although the word “civil” wasn't used indeed formerly in the Preamble or in any other indigenous provision, the word “union” was used in Composition.
A union or Unitary form of government wasn't favoured and all were in favour of a Federal government.
Constituent Assembly Debates on Preamble
There were numerous points on which the drafting committee members argued while framing the constitution of India, while the use of the words God & Gandhi in the Preamble was opposed.
The major point of disagreement was when deciding the name of India.
Constituent Assembly Debates on Uniform Civil Code
The Constituent Assembly Debates indicate a conflict among the commission members with respect to the Uniform Civil Code being applicable and useful in the draft of Composition 35 of the constitution.
There was opposition by the Muslim members of the committee, but they were silenced by Baba Saheb Ambedkar, saying that the civil law would not apply to anyone who disagree with it.
Likewise, there were other motifs, similar as ‘reservations’ for the poor and indigent and the death penalty, which were discussed during the Constituent Assembly Debates.
SUMMARY
77 years ago the Constituent Assembly of India sat for the first time on December 9, 1946. Thus started a historical journey for India which saw the country attainting independence. It decided its own national flag, national insignia, national anthem and ultimately adoption of the Constitution which made India a democratic republic.
It took almost 2 years 11 month 18 days by our constituent assembly to prepare Indian Constitution. Although it is known fact that Britishers were enacting all acts and laws for their own benefit and smooth administration of colonies, but all those rules had made deep impacts on the writings of the future constitution of India.
For example, the Regulating act of 1773, Pits-India act of 1784, Charter act of India 1793, Charter act of 1813, Charter act of 1833, charter act of 1853 Indian Council acts of 1861, 1892, 1909, government of India act of 1919 and 1935 influenced the framing of Indian constitution in a big way.
Even some critics went on describing the constitution of India is the carbon copy of government of India act (1935).
In the heyday of British rule, the sincere efforts by intelligent and educated Indians nevertheless, were instrumental to the making the constitution of India for the future generations.
The Nehru report summited by Jawaharlal Nehru, Motilal Nehru committee, Shapru report are the glaring examples that certainly great inspirations behind writing the largest constitution in the world.
Besides this, the national movements like non-cooperation movement of 1919, civil disobedience movement of 1930 and quit India resolution of 1942 under the leadership of Mahatma Gandhi, were the source of inspirations for the constitution makers. The outcomes of the various sessions influenced a lot the constituent assembly debate.
The parliamentary government, republicanism, socio-economic development, secularism, the formation of the state in the linguistic line, fundamental rights were seriously debated and adopted by the Indian constitution with the letter and spirit. Most notably, important decisions were taken by the consensus voting or the significant interventions by the Congress stalwarts.
The Western education, command over law, and immense knowledge of Ambedkar on the then running constitutions of the world largely helped to guide and draft a constitution that is regarded as a milestone in the history of modern India.
Jawaharlal Nehru’s far sighted vision, Western liberal education and knowledge and wisdom were kingpin in resolving disputes that were arising out in different constituent assembly meetings and conferences. Furthermore, Sarddar Patel, Rajendra Prasad, Maulana Azad and other dignitaries played vital role and provided input for writing the constitution.
Meanwhile, the composition of and working of the constituent assembly has been deeply criticised by some British scholars. Firstly, it is said that the assembly was not a sovereign body. However, this criticism has been refuted by the Indian writers by saying that in the first general elections, the Congress party was brought to power by thumbing majority vote by Indian electorates. The people must have been rejected obviously, if they would not have liked it. Furthermore, the constituent assembly was elected by the electorates of the country.
Secondly, some say, it was a Congress dominated-body. Meanwhile, the then existing political parties were given representation in the assembly. Even princely states had sent their representatives to the assembly.
Thirdly, it is accused that the assembly was a Hindu-dominated body. Needless to say all the religions according to their propersion had given representation in the assembly. The Hindus, Sikhs, Muslims, Christians, Parsis were heard in the assembly and India was declared a secular country under various provisions from article 25-to-28 which guarantees right to freedom of religion.
Fourthly, some say it was a unrepresentative body. As mentioned earlier, all the provisions were discussed, voted and reached either by concesus or majority votes. Hence, the criticisms by the Western scholars do not carry much weightage in regard to the adoption of the constitution by the constituent assembly.
However, it can be aptly said that as Indian National Congress played prominent role in the freedom struggle of India, naturally, its influence on making of the constitution was enormous.
Conclusion
Drafting a constitution for modern post-independent India by the constituent assembly is the landmark development in the history of independent India.
For that purpose, they drew inspiration heavily from the great national movements led by Indian National Congress. Though the constitution has seen more than hundred amendments during last 74 years, yet the constitution has not be rewritten. However, there has been attempt to write constitution and bring drastic ammendments over the years and the decades, but the sanctity of the constitution has been restored and never transgressed the boundary.
Earlier in Golaknath Vs the state of Punjab, the Supreme court held that the amending power of Indian parliament is limited.
Meanwhile, in 1973, the Kesavananda Bharti case was heard by eleven learned judges of the Supreme court. They reviewed earlier cases of Sankari Prasad vs union of India, Shajjan Singh vs Rajastan and Golaknath vs Punjab. They viewed that the parliament of India has right to amend any part of the constitution, however, it cannot abridge or take away what it called the basic features of the constitution. It pointed out fundamental rights, federalism, secular character of the state, directive principles of state policy, parliamentary democracy etc are the basic structures of the Indian constitution. May be S.R. Bomai case, Indra Shawney case or Minarbha mills case it added several other basic structures in the constitution that remain intact till date.
There has been serious efforts by M.N. Chelaya constitution review commission to make a drastic review of the constitution but its recommendations have never been implemented yet. we can say that all the meetings and debates held during the constituents assembly talks have come up with a bright future for Indian citizens by Gifting a partly rigid and partly flexible constitution that is indeed, supreme over all the institutions of the country.
PRACTICE QUESTIONS
Discuss the steps taken by the British administration for upliftment of Indian people?
critically analyse the impact of government of India act 1935 on framing of Indian constitution.
In what ways constituent assembly debates help in strengthening the power of Indian Constitution? Give critical evaluation.
In what ways do you think that Indian Constitution is rigid and supreme?
Discuss the provisions of Regulating Act of 1773.
Compare the provisions of government of India act (1919) and 1935.
Discuss the provisions in the Charter acts of 1793 and 1813.
Discuss the provisions in the Charter act of 1813 and how is it different from Charter act of 1893?
REFERENCES
Austin Granville 1999, The Indian Constitution: Cornerstone of a Nation, Oxford University Press London.
Kashyap Subhash, 2009 “Concise Encyclopedia of Indian Constitution”, Vision Books.
Basu Durga Das, 1982 Introduction to the constitution of India, LexisNexis.
Shukla V.N., Constitution of India, 2019 Eastern Book Company
Sharma L.P. 2020, Indian National Movement and Constitutional Development, Lakshmi Narain Agarwal.
Khanna H.R. ,2015, Making of India's Constitution, Eastern Book Company.
AGARWAL R.C. and Dr. Bhatnagar Mahesh,1991, Constitutional Development and National Movement of India, S. Chand.
Mellalli Praveen Kumar, 2019 “Constitution of India, Professional Ethics and Human Rights”, SAGE.
BASIC FEATURES OF THE INDIAN CONSTITUTION
Student will understand about what is constitution and what are the basic features of it.
the constitutional government tries in improving socio-economic standards of the citizens to live with dignity and honour. It is a legal document that provides a set of rules for the governance of the country.
A commentator has rightly stated that the constitution is a living document keeps on changing with the changing needs and circumstances. The constitution is reflection of the political aspiration of people of a country. It lays the needs and objectives which the country desires to accomplish in the long run.
During last seventy years, the constitution of India has been amended more than hundred times. However, its basic structure remains intact and regarded as guiding principles for the country’s governance. The constitution is essentially a guide for the executive, legislature and judiciary. In India the constitution is essentially sovereign.
The demand for constitution basically arises in three critical situations. Firstly, out of an armed rebellion or civil war secondly, from foreign yoke and thirdly, outbreak of a socialist revolution. Undoubtedly, Indian constitution falls in second category.
The constitution of India was written through constituent assembly who were elected by the people in July 1946. Despite boycott by Muslim League, the first meeting of Constituent Assembly was held on 9th December 1946. They took almost two years eleven months 18 days to write the constitution. Finally, it was adopted on 26th November 1949 and came into January 26th 1950.
tries the basic features of Indian constitution which are crucial to the students of Indian polity. Secondly, it makes a critical analysis of the basic features and thirdly, it discusses the idea of basic structure as interpreted by Indian judiciary in different historic cases.
BASIC FEATURES
Written constitution
– Like most of the modern democracies United States of America, Britain, Australia, France, China, Germany, India too has a written constitution.
It is true that Britain does not have an unwritten constitution, but it does not mean that it does not have any written documents. The founding fathers have provided a written document that remains an important political encyclopaedia for the country.
The longest constitution
– The country of India is known for its longest constitution as it the founding fathers have tried provided a detailed document that touched all aspects of the country’s governmental system
While the constitution of United States has the shortest constitution having only seven articles.
Reasons that prompted the framers to write a lengthy constitution
(i) pluralist character and multiculturalism of Indian states is responsible for the big constitution. and ethnics live in India
(ii) The enormity of the country has largely contributed in making it the largest constitution in the