HISTORICAL
BACKGROUND TO THE
INDIAN CONSTITUTION
Presented By:
Brunda Addagalla
What is a constitution?
◦ A constitution is a foundational document that outlines the basic principles, structure, and
functions of a government, establishing the rule of law within a country or organization. It
defines the roles and powers of various branches of government, such as the executive,
legislature, and judiciary, and ensures a system of checks and balances to prevent any one branch
from becoming too powerful. A constitution often includes fundamental rights that protect
citizens' freedoms, ensuring equality, justice, and protection from government overreach.
Additionally, it provides a process for amendments, allowing the document to evolve with societal
changes. Through its guiding principles, the constitution serves not only as a framework for
governance but also as a unifying symbol of a nation’s values, identity, and aspirations.
Constitutional Law
◦ Constitutional Law is the body of law that interprets, defines, and enforces the principles outlined
in a country’s constitution. It forms the legal foundation for government authority, setting up the
framework within which the government operates while safeguarding individual rights.
Constitutional law defines the structure, roles, and limits of different branches of government—
executive, legislative, and judicial—establishing a system of checks and balances to prevent any
branch from gaining excessive power. It also specifies the rights and duties of citizens, ensuring
freedoms like speech, equality, and religious practice, and outlines civic responsibilities.
Additionally, constitutional law includes the process for amending the constitution, allowing it to
adapt to changing societal needs while maintaining core values. This area of law, upheld by judicial
interpretation, ensures that governance remains accountable, democratic, and aligned with the
principles of justice and the rule of law.
Constitutionalism
◦ Constitutionalism is the philosophy that asserts the authority of government is derived from and
limited by a constitution, emphasizing that governmental powers should be restricted and
exercised according to established laws and principles to protect individual rights and prevent
arbitrary rule. Central to constitutionalism is the rule of law, which mandates that laws apply
equally to all individuals, including government officials, fostering fairness and accountability in
governance. It advocates for a system of checks and balances among the executive, legislative, and
judicial branches to ensure that power is not concentrated in any one entity, thereby preventing
abuse and promoting oversight. Additionally, constitutionalism underscores the importance of
adhering to fundamental rights, often enshrined in the constitution, which protect citizens from
government overreach and ensure freedoms are respected. While constitutional law outlines the
specific rules and structures of governance, constitutionalism serves as the guiding principle that
emphasizes lawful governance aligned with democratic ideals, fostering a culture of respect for
the constitution and ensuring that the government operates to serve the people, protect their
rights, and promote the common good.
Constitution of India
◦ The Constitution of India is the supreme legal document that sets out the framework of the
Indian government, defining its structure, powers, and the fundamental rights of its citizens.
Adopted on November 26, 1949, and coming into effect on January 26, 1950, it established India
as a democratic, sovereign, socialist, and secular republic. The Constitution is one of the longest
in the world, with provisions divided into articles, parts, and schedules, covering various aspects
of governance, including the separation of powers among the executive, legislative, and judicial
branches. It guarantees fundamental rights to citizens, ensuring equality, freedom, and justice, and
outlines directive principles to guide government policies. The Constitution also provides for
amendments, allowing it to evolve in response to changing needs, making it both a dynamic and
enduring foundation for Indian democracy.
History of The Indian Constitution
The historical perspective of the Constitution of India is rooted in the nation’s struggle for
independence and the socio-political context of the time.
◦ Pre-Independence Era
o British rule in India began in the 18th century, leading to various administrative reforms, including the
Government of India Act of 1919, which introduced limited self-governance. The dissatisfaction with
British policies grew, highlighted by the Simon Commission in 1928, which faced widespread protests for
excluding Indian members. The Round Table Conferences (1930-1932) aimed to discuss constitutional
reforms, showcasing the demand for a comprehensive framework.
◦ Government of India Act, 1935
o This act marked a significant step toward self-governance by introducing provincial autonomy and a
federal structure, though it still retained substantial British control.
◦ Demand for Independence
o The impact of World War II intensified the struggle for independence, with the Quit India Movement of
1942 demanding an end to British rule. Post-war, the British government recognized the need for Indian
independence, leading to the formation of a Constituent Assembly.
◦ Formation of the Constituent Assembly
o In March 1946, the British government announced the formation of a Constituent Assembly composed
of elected representatives from various political parties and communities. Prominent leaders like Dr. B.R.
Ambedkar, Jawaharlal Nehru, and Sardar Vallabhbhai Patel played key roles.
◦ Drafting the Constitution
o The Constituent Assembly first met on December 9, 1946, and took nearly three years to draft the
Constitution. Drawing inspiration from diverse sources, it emphasized justice, liberty, equality, and
fraternity, incorporating public feedback through various committees
◦ Adoption and Implementation
o The Constitution was adopted on November 26, 1949, and came into effect on January 26, 1950, marking
India’s transition to a sovereign, democratic republic. This date was significant, commemorating the
declaration of Purna Swaraj (complete independence) in 1930.
Salient Features of The Indian Constitution
The Constitution of India has several salient features that reflect its unique character and
framework of governance. Here are some of the key features:
◦ Length and Detail
o The Constitution of India is one of the longest constitutions in the world, originally containing 395
articles divided into 22 parts and 8 schedules. It covers a wide range of subjects, detailing the structure of
government and the rights of citizens.
◦ Federal Structure
o India follows a federal system of governance, meaning that power is divided between the central
government and state governments. Each level has its own set of powers, responsibilities, and
jurisdictions, ensuring local governance while maintaining national unity.
◦ Parliamentary System
o The Constitution establishes a parliamentary system of government, where the executive is accountable to
the legislature. This system features a dual executive, consisting of the President (the nominal executive)
and the Council of Ministers (the real executive) headed by the Prime Minister.
◦ Fundamental Rights
o The Constitution guarantees fundamental rights to all citizens, enshrined in Part III. These rights include
the right to equality, freedom of speech and expression, protection against discrimination, the right to life
and personal liberty, and the right to constitutional remedies, among others. These rights protect citizens
from state interference and promote individual dignity.
◦ Directive Principles of State Policy
o Found in Part IV, these principles are guidelines for the state to achieve socio-economic justice and
welfare. While they are not justiciable (not enforceable by law), they are fundamental in the governance of
the country, aiming to ensure the well-being of all citizens.
◦ Secularism
o The Constitution declares India as a secular state, ensuring that the government remains neutral in matters
of religion and treats all religions equally. This principle promotes communal harmony and protects the
rights of all religious groups.
◦ Independent Judiciary
o An independent judiciary is established to interpret the Constitution and adjudicate disputes. The
Supreme Court of India is the highest judicial authority, ensuring the rule of law and protecting the rights
of individuals against arbitrary actions by the state.
◦ Amendment Process
o The Constitution provides a detailed procedure for amendments, allowing for flexibility and adaptability
to changing circumstances. It can be amended by a simple majority, a special majority, or a majority of the
states, depending on the nature of the amendment.
◦ Single Citizenship
o India provides for single citizenship, meaning that all Indians are citizens of India, regardless of the state
or territory in which they reside. This promotes national unity and equality among citizens.
◦ Emergency Provisions
o The Constitution includes provisions for declaring a state of emergency in times of national crisis, such as
war, external aggression, or internal disturbances. These provisions allow the government to assume
greater powers temporarily to maintain order and stability.
Characteristics of The Indian Constitution
The Constitution of India has several distinctive characteristics that define its structure, functioning,
and significance. Here are the key characteristics:
◦ Written Constitution:
o A comprehensive written document that clearly outlines the laws, principles, and structures of
governance.
◦ Supremacy of the Constitution:
o The Constitution is the supreme law of the land; any law inconsistent with it is void.
◦ Rigid and Flexible:
o The Constitution can be amended, making it both rigid (certain provisions requiring special procedures)
and flexible (other provisions requiring simpler procedures).
◦ Social Justice:
o Emphasizes the principles of social justice and equality, aiming to uplift marginalized sections of society.
◦ Mixed Economy:
o Recognizes both private and public sectors, aiming for economic growth and social welfare.
◦ Universal Adult Franchise:
o Guarantees the right to vote to all adult citizens, promoting inclusive participation in the democratic
process.
◦ Fundamental Duties:
o Outlines the fundamental duties of citizens to promote a sense of responsibility and nationalism.
◦ Recognition of Diversity:
◦ Acknowledges and respects India’s cultural, linguistic, and religious diversity, promoting unity in diversity.
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