CoI Unit I
CoI Unit I
The Constitution of India was not prepared in a single day but the process of the
evolution of the Indian Constitution started many decades before India became
independent in 1947. The process continued unabated since it originated in the
freedom struggle till a new Constitution was drafted after series of debates and
discussion in the Constituent Assembly. The day 26th of January, 1950 was a red-
letter day in the history of modern India. On that particular day, the written
Constitution of India came in to force.
1. Drafting a New Constitution – It lays down the fundamental principles, rights, and
structure of governance.
2. Ensuring Democracy – It provides a framework for democratic governance and the
rule of law.
3. Addressing Social and Political Issues – It resolves existing conflicts, ensures
representation, and balances power among different groups.
4. Legal and Political Stability – A well-drafted constitution provides stability and
legitimacy to the new government.
5. Public Participation – It ensures that the constitution reflects the will of the people by
involving elected representatives.
In 1934, The idea of a Constituent Assembly for India was put forward for
the first by M.N.Roy, a pioneer of the communist moment in the India.
In 1935, The Indian National Congress (INC), for the first time, officially
demanded a Constitution Assembly to frame the Constitution of India.
In 1938, Jawaharlal Nehru, on behalf of the INC declared that “the
Constitution of free India must be framed, without outside interference, by
a constituent assembly elected on the basis of adult franchise.
The demand was finally accepted in principle by the British Government in
what is known as the ‘August Offer’ of 1940. In 1942, Sir Stafford Cripps,
a member of British Cabinet, came to India with a draft proposal of British
Government on the framing of an Independent Constitution to be adopted
after World War II. The Cripps proposal was rejected by the Muslim League,
which wanted India to be divided into two autonomous states with two
separate constituent assemblies.
The Cabinet Mission Plan: A Cabinet Mission consisting of three
members (Lord Pethick Lawrence, Sir Stafford Cripps, and A.V. Alexender
) was sent to India. It rejected the Muslim League Proposal and published
its plan, i.e. The Constituent Assembly was constituted in November 1946
under the scheme formulated by the Cabinet Mission Plan.
The Constituent Assembly met for the first time on 9 December 1946. Dr.
Sachchidananda Sinha was the temporary chairman of the Constituent
Assembly of India. He was elected on December 9, 1946, and was the oldest
member of the Assembly. H.C.Mookerjee and V.T. Krishnamachari were
both elected as Vice-Presidents of the Constituent Assembly of India.
The Constituent Assembly was initially composed of 389 members. 292
members were elected through the Provincial Legislative Assemblies, 93
represented the Indian Princely States, and 4 represented the Chief
Commissioners' Provinces. Members were chosen by indirect election as
per the Cabinet Mission's recommendations. After the partition of India, the
Constituent Assembly of India had 299 members. This included 229
members from provinces and 70 from princely states.
The Constituent Assembly of India first met on December 9, 1946 and its last session was held
on January 24, 1950.
December 9, 1946
The Constituent Assembly met for the first time in the Constitution Hall, which
is now the Central Hall of Parliament House.
August 29, 1947
o Dr. Ambedkar was the Chairman and also one of the seven founding fathers of the
Drafting Committee, 1947 appointed by the Constituent Assembly for preparing a draft
of the Constitution of India.
o Ambedkar was also a significant figure in social movements fighting for Dalit rights.
In 1924, he established the 'Bahishkrit Hitakarini Sabha' for the social upliftment of the
‘marginalised sections,' with the motto "Educate, Agitate, Organise."
o In this article, we will delve into the life, works, and notable contributions of Dr. B.R.
Ambedkar, who is known as the Father of the Indian Constitution.
The Constitution of India came into force. The Constituent Assembly served as
the provisional Parliament until the first general elections in 1951-52.
The Constituent Assembly was formed in November 1946 under the Cabinet
Mission Plan. It was a partly elected and partly nominated body. The
Constituent Assembly was created to draft and formulate the Constitution of
India.
Objectives Resolution:
The Objective Resolution was a significant declaration presented by Jawaharlal Nehru on
December 13, 1946, in the Constituent Assembly of India. It laid down the fundamental
principles and ideals that would shape the Constitution of independent India. The resolution
emphasized the country's commitment to sovereignty, democracy, justice, equality, and
fundamental rights. It also aimed to ensure the well-being of all citizens, regardless of caste,
creed, or gender, while guaranteeing social, economic, and political justice. The resolution
envisioned India as a sovereign republic, striving for international peace and cooperation.
The Objective Resolution served as the foundation for the Preamble of the Indian
Constitution and guided the drafting of its provisions. It outlined that power and authority
would rest with the people and that the Constitution would secure liberty, fraternity, and justice
for all. The resolution was unanimously adopted on January 22, 1947, marking a crucial step
in India's journey toward constitutional democracy. It reinforced the vision of a secular,
inclusive, and progressive nation, reflecting the aspirations of an independent India.
Committees of the Constituent Assembly:
The Constituent Assembly appointed a number of committees to deal with different tasks of
constitution making. Out of these, eight were major committees and the others were minor
committees. The names of these committees and their chairmen are given below:
Major Committees:
The Constituent Assembly of India first met on December 9, 1946 and its last session was held
on January 24, 1950.
December 9, 1946
The Constituent Assembly met for the first time in the Constitution Hall, which
is now the Central Hall of Parliament House.
The Constitution of India came into force. The Constituent Assembly served as
the provisional Parliament until the first general elections in 1951-52.
India had well-established governance systems long before colonial rule. Some key influences
include:
Vedic Era (1500 BCE - 500 BCE): Early democratic elements were seen in sabhas and
samitis (assemblies).
Medieval Period: Sultanate and Mughal rule saw a mix of centralized and
decentralized governance.
India’s modern legal and constitutional framework was significantly shaped during British rule.
Key milestones include:
Regulating Act of 1773: First attempt to bring British governance under regulation.
Pitt’s India Act, 1784: Established dual control between the British Crown and the East
India Company.
Charter Acts (1813, 1833, 1853): Gradually introduced legal reforms and centralized
administration.
Government of India Act, 1858: After the Revolt of 1857, British rule was transferred
directly to the Crown.
Indian Councils Acts (1861, 1892, 1909): Allowed limited Indian participation in
governance.
Government of India Act, 1935: Served as a blueprint for many provisions in the
Indian Constitution.
Cripps Mission (1942) & Cabinet Mission (1946): Discussed India's constitutional
framework.
Constitution adopted on 26th November 1949 and came into effect on 26th January
1950.
The Indian Constitution is unique in that it draws inspiration from various global
sources while tailoring them to India's diverse socio-political needs. It incorporates
elements from the
The Indian Constitution establishes a federal system with a unitary bias, meaning
it combines elements of both federalism and strong central authority. India follows a
dual polity system, dividing powers between the central government and state
governments through three lists in the Seventh Schedule: The Union List (central
subjects), the State List (state subjects), and the Concurrent List (shared subjects).
However, unlike a purely federal structure, India exhibits a strong unitary tendency,
especially during emergencies (Articles 352, 356, and 360), where the central
government can assume greater control over states. Additionally, the Governor,
appointed by the President, holds significant influence over state affairs. The ability of
Parliament to change state boundaries (Article 3) and the presence of a single
constitution, single citizenship, and a unified judiciary further emphasize this
unitary tilt. This unique blend ensures a strong central authority while maintaining
state autonomy, making India a quasi-federal nation.
Lok Sabha (House of the People) – 545 Members (Currently 543): Elected
Members: 543 members elected by the people of India through general elections.
Nominated Members: 2 members can be nominated by the President from the Anglo-
Indian community (this provision was abolished by the 104th Constitutional
Amendment Act, 2019). Term: 5 years (unless dissolved earlier).
President of India: The President is not a member of either house but is an integral
part of Parliament, playing a key role in legislation, summoning, and dissolving the
Parliament. Thus, the total strength of the Indian Parliament is 789 members (543
+ 245 + President).
An integrated judiciary refers to a unified judicial system where all courts, from lower
courts to the highest court, function under a single hierarchy with a common set of laws
and procedures. In such a system, lower courts are bound by the decisions of higher
courts, ensuring consistency and uniformity in judicial interpretation. India follows an
integrated judiciary system, with the Supreme Court at the apex, followed by High
Courts and subordinate courts. This structure helps in maintaining the supremacy of
constitutional principles and allows for streamlined judicial review, ensuring that laws
and policies adhere to the Constitution.
On the other hand, an independent judiciary signifies a judicial system that operates
free from external influences, particularly from the executive and legislative branches
of government. Judicial independence ensures that courts can make impartial decisions
without political or administrative pressure. This concept is essential in upholding the
rule of law, protecting fundamental rights, and preventing misuse of power. In
democratic nations like the United States and India, mechanisms such as security of
tenure, fixed salaries for judges, and the separation of powers doctrine reinforce judicial
independence. While an integrated judiciary ensures consistency across various courts,
an independent judiciary safeguards justice by preventing interference in judicial
processes.
8. Fundamental Rights
Part III of the Indian Constitution guarantees six fundamental rights to all the citizens.
Fundamental Rights are meant for promoting the idea of political democracy. The
fundamental rights can also be suspended during the operation of a National Emergency
except the rights guaranteed by Article 20 and 21.
These were borrowed from USA constitution. These are Judiciable (Enforceable by the
Law), the aggrieved person can directly go to the Supreme court which can issue writs
Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo warranto as per article 32.
9. Directive Principles of State Policy
Fundamental Duties are enshrined in Part IV-A (Article 51A) of the Indian Constitution
and were added by the 42nd Amendment Act of 1976 based on the recommendations
of the Swaran Singh Committee. These duties serve as moral obligations for Indian
citizens to uphold the ideals and integrity of the nation. Unlike Fundamental Rights,
Fundamental Duties are non-justiciable, meaning they cannot be legally enforced by
the courts. However, they play a crucial role in promoting a sense of responsibility
among citizens toward national unity, patriotism, and social harmony. These duties
include respecting the Constitution, safeguarding public property, protecting India's
sovereignty, promoting scientific temper, and striving for excellence in individual and
collective endeavours.
The inclusion of Fundamental Duties aligns with the principle that rights and duties go
hand in hand. While the Constitution grants citizens numerous rights, it also expects
them to contribute positively to society and the nation. For instance, duties such as
preserving the rich heritage of India, protecting the environment, and promoting
harmony among different communities emphasize the role of citizens in nation-
building. Though not legally enforceable, courts have often referred to Fundamental
Duties while interpreting laws and in matters concerning public interest. By fostering a
sense of civic responsibility, Fundamental Duties help strengthen democratic values
and ensure that citizens actively participate in the progress and development of the
country.
A secular state is a political entity that maintains a clear separation between religion
and government, ensuring that no particular religion is given preference in governance,
law, or public policy. In a secular state, individuals have the freedom to practice any
religion or none at all, and the government does not interfere in religious matters. This
principle promotes religious neutrality, where the state does not endorse, fund, or
impose any religious beliefs. It safeguards the rights of all citizens, preventing
discrimination based on faith and fostering a society where diverse religious and
cultural identities can coexist peacefully. Countries like India, the United States, and
France have embraced secularism to varying degrees, enshrining the principle in their
constitutions to uphold religious freedom and equality.
The importance of a secular state lies in its role in ensuring harmony and equal
treatment of all religious groups. By keeping religion separate from governance, a
secular state prevents the dominance of any one faith over others, reducing the
likelihood of religious conflicts and bias in policymaking. It also allows for a legal
framework based on reason, equality, and universal human rights rather than religious
doctrines. In democratic societies, secularism strengthens pluralism, democracy, and
individual freedoms, making it a crucial pillar for modern, inclusive governance.
However, challenges such as religious extremism, political misuse of religion, and
societal divisions sometimes test the effectiveness of secularism in practice.
The adoption of universal adult franchise has played a crucial role in promoting social
justice and inclusivity. In India, it was established by the Constitution in 1950, making
the country one of the few at that time to grant voting rights to all adults without any
literacy or property qualifications. This decision was instrumental in giving
marginalized communities a voice in governance, thus strengthening the democratic
fabric of the nation. Over the years, universal adult franchise has been a driving force
behind political awareness, participation, and empowerment, ensuring that governance
remains representative of the diverse aspirations of the people.
The idea of single citizenship helps in fostering a sense of national identity and prevents
legal complexities associated with multiple allegiances. It ensures that all individuals
are subject to the same set of laws, voting rights, and government policies, reducing
discrimination based on regional affiliations. Furthermore, it simplifies governance and
administration, as citizens are governed under a single legal and political system.
However, some critics argue that single citizenship may limit opportunities for
individuals who migrate or seek economic and personal benefits in other nations.
Despite this, the system remains a strong tool for maintaining national sovereignty and
uniformity in rights and duties.
The significance of independent bodies lies in their ability to function without political or
bureaucratic influence, thereby safeguarding democratic principles and public trust. They
serve as watchdogs, ensuring that government policies and actions align with legal and
ethical standards. For instance, regulatory bodies like the Reserve Bank of India (RBI)
maintain financial stability, while human rights commissions protect individual freedoms.
Despite their autonomy, these bodies may sometimes face challenges such as political
pressure or lack of enforcement powers. Nonetheless, their role is crucial in maintaining a
balanced system of governance, ensuring transparency, and protecting citizens' rights.
The introduction of the three-tier system, particularly through the 73rd and 74th
Constitutional Amendments in 1992, aimed to strengthen local self-governance by
granting powers to Panchayats and Municipalities. This ensures that governance
reaches the lowest level, promoting people's participation in democracy. While this
system enhances efficiency and accountability, challenges like inadequate funds,
political interference, and lack of proper implementation sometimes hinder its
effectiveness. Despite these challenges, the three-tier government remains a vital
structure for fostering inclusive development and ensuring that government services
reach every citizen effectively.
17.Cooperative societies