A Comprehensive Guide to the Indian Constitution: History, Features, and Preamble

Posted on Jun 21, 2024 in Law & Jurisprudence

Historical Background of the Indian Constitution

  • Dec 1918: The 33rd session of the Indian National Congress in Delhi passed a resolution demanding free will and rights for India.
  • 1928: Jawaharlal Nehru presented a draft constitution for India.
  • 1934: M.N. Roy, a pioneer of the communist movement in India, proposed the idea of a Constituent Assembly.
  • 1942: Sir Stafford Cripps presented the Cripps Proposals, a draft proposal for an independent Indian Constitution after World War II. The Muslim League rejected the proposal.
  • December 9, 1946: The Constituent Assembly convened to frame the Constitution under the temporary chairmanship of Dr. Sachchidananda Sinha.
  • Dr. Rajendra Prasad was elected as the permanent Chairman of the Constituent Assembly.
  • August 15, 1947: India gained independence, and the Constituent Assembly became independent to make decisions.
  • 1948: The Drafting Committee, chaired by Dr. B.R. Ambedkar, submitted the draft Constitution to the Constituent Assembly.
  • November 26, 1949: The Constitution of India was adopted and signed by Dr. Rajendra Prasad.
  • 1950: The Constituent Assembly elected Dr. Rajendra Prasad as the first President of independent India, and the Constitution came into effect.

Key Milestones of the Constituent Assembly:

  1. Ratified India’s membership of the Commonwealth in May 1949.
  2. Adopted the national flag on July 22, 1947.
  3. Adopted the national anthem on January 24, 1950.
  4. Adopted the national song on January 24, 1950.
  5. Elected Dr. Rajendra Prasad as the first President of India on January 24, 1950.

The Constituent Assembly finalized the Constitution of India in 2 years, 11 months, and 17 days.

Original Structure (1949): Preamble, 395 Articles (in 22 Parts), and 8 Schedules.

Salient Features of the Indian Constitution

1. Lengthiest Written Constitution

  • Longest written constitution globally.
  • Currently (2023), it comprises a Preamble, approximately 470 Articles (in 25 Parts), and 12 Schedules.

2. Sovereign, Socialist, Secular, Democratic & Republic

3. Parliamentary Form of Government

  • Based on cooperation and coordination between the legislative and executive branches (inspired by the British Parliamentary System).

4. Combination of Flexibility and Rigidity

  • Article 368 provides for amendments.

5. Single Citizenship

  • All Indian citizens, regardless of their birthplace or residence, enjoy the same political and civil rights.

6. Bi-Cameral Union Government

  • Consists of the Upper House (Rajya Sabha) and the Lower House (Lok Sabha).

7. Independent Federal Judiciary

  • Integrated and independent judicial system.
  • The Supreme Court is the apex court of the country.

8. Fundamental Rights and Duties

  • Part III guarantees six fundamental rights to all citizens.
  • Part IV-A specifies eleven Fundamental Duties.

9. Directive Principles of State Policy (DPSP)

  • Promote social and economic democracy (Welfare State).

10. Single Election Commission

11. State Languages

12. Emergency Provisions

  • Empower the President to handle extraordinary situations effectively (Articles 352, 356, 360).

Preamble of the Constitution

  • Introduces the Indian Constitution and outlines the nature of the Indian state.
  • Considered the ‘soul’ and ‘identity card’ of the Constitution.
  • Adopted by the Constituent Assembly on November 26, 1949 (with later amendments).

Key Terms in the Preamble:

  • Sovereign: India is an independent nation, not under the control of any other country.
  • Socialist: India follows ‘democratic socialism,’ a mixed economy model.
  • Democratic: Encompasses political, social, and economic democracy.
  • Republic: India has an elected head of state, the President, elected indirectly for a five-year term.
  • Justice: Ensures social, economic, and political justice for all.
  • Liberty: Guarantees freedom and opportunities for individual development.
  • Equality: Provides equal opportunities for all, without discrimination.
  • Fraternity: Promotes a sense of brotherhood and unity among citizens.