Indian Constitution: Features, Drafting, and Governance Structure

Posted on Sep 20, 2025 in Social sciences

Key Features of the Indian Constitution

The Indian Constitution is renowned for its comprehensive nature and unique characteristics. Here are its salient features:

• Length and Detail: It is the longest written constitution in the world, comprising 395 articles (now expanded to 448) spread across 22 parts and 12 schedules.
• Sovereign, Socialist, Secular, and Democratic Republic: The Preamble declares India a sovereign entity, where socialism ensures equality and secularism guarantees freedom of religion. It emphasizes democracy, ensuring the government is by the people, of the people, and for the people.
• Federal Structure with Unitary Bias: While India is a federal state with a division of powers between the Centre and the states, it exhibits a strong central tendency, especially during emergencies.
• Parliamentary Form of Government: India follows a parliamentary democracy where the President is the nominal head, and the Prime Minister and the Council of Ministers exercise real power.
• Single Citizenship: Unlike countries like the USA, India provides for a single citizenship for all Indians.
• Fundamental Rights and Duties: It guarantees six categories of fundamental rights while incorporating fundamental duties for citizens to foster a sense of responsibility.
• Directive Principles of State Policy (DPSP): These principles aim to establish social and economic democracy by guiding the state in policymaking.
• Independent Judiciary and Judicial Review: The judiciary acts as the guardian of the Constitution, ensuring that laws passed are in conformity with it.
• Adult Franchise: Every citizen above 18 years has the right to vote, ensuring political equality.
• Flexibility and Rigidity: The Constitution can be amended easily in some parts, while others require special procedures.

The Constituent Assembly: Crafting India’s Constitution

The drafting of the Indian Constitution was a historic and elaborate process, undertaken by the Constituent Assembly.

Historical Context of the Constituent Assembly

1. Colonial Rule and Freedom Struggle: India’s long fight against British rule culminated in the demand for self-governance and a Constitution.
2. Formation under the Cabinet Mission Plan (1946): The Constituent Assembly was established to frame the Constitution after extensive negotiations.
3. Partition of India (1947): The division of India into India and Pakistan presented additional challenges, requiring the reorganization of the Assembly.

Formation and Drafting Process

The Constituent Assembly was formed under the Cabinet Mission Plan of 1946. It initially consisted of 299 members. Dr. Rajendra Prasad served as the President of the Assembly, and Dr. B.R. Ambedkar chaired the Drafting Committee. The Assembly faced the challenge of reorganization post-partition, which reduced its representation.

Several committees worked to draft various parts of the Constitution. The Assembly held intense debates on issues like federalism, minority rights, and secularism, considering approximately 2,000 amendments. The final draft was adopted on November 26, 1949, and came into effect on January 26, 1950, a day celebrated as Republic Day.

Constituent Assembly vs. Regular Legislature

A constituent assembly drafts a constitution, whereas a regular legislative assembly primarily makes amendments to an existing constitution.

Significance of the Constituent Assembly

1. Representative Body: The Assembly included leaders from diverse backgrounds, representing various regions, communities, and ideologies.
2. Laying the Democratic Foundation: It established principles like sovereignty, secularism, and democracy.
3. Debate and Consensus: Provisions were extensively debated, ensuring consensus and inclusivity.
4. Legacy: The Constitution remains a cornerstone of Indian democracy, symbolizing the aspirations of a newly independent nation.

Architect of the Constitution: Dr. B.R. Ambedkar

Pivotal Role in Drafting

Dr. B.R. Ambedkar, known as the Father of the Indian Constitution, played a pivotal role in its drafting and design. As the Chairman of the Drafting Committee, he was instrumental in shaping a Constitution that balanced individual liberty with social justice.

1. He ensured provisions for equality before the law, prohibition of untouchability, and protection of minorities.
2. Ambedkar emphasized uplifting marginalized communities through reservations in education, jobs, and political representation.
3. He supported principles for economic redistribution and welfare, aiming to reduce inequality.
4. His efforts ensured religious freedom and equality for all citizens.

Contribution to Social Philosophy

1. Ambedkar was deeply influenced by the principles of liberty, equality, and fraternity. These values, inspired by the French Revolution, were woven into the Constitution.
2. He advocated for the eradication of the caste system and untouchability, aiming for a society based on merit and dignity.
3. Ambedkar viewed democracy not just as a political system but as a way of life promoting social harmony.

Pillars of Indian Governance: Organs of Government

The Indian governmental structure is divided into three main organs, each with distinct compositions and functions:

Legislature

• Composition:
  • At the central level, it consists of the Parliament (Lok Sabha and Rajya Sabha).
  • At the state level, it includes State Legislatures.
• Functions:
  • Law-making: Enacts laws on various subjects.
  • Budget Approval: Sanctions financial allocations.
  • Executive Oversight: Monitors the functioning of the government.

Executive

• Composition:
  • Includes the President, Prime Minister, Council of Ministers, and administrative machinery.
• Functions:
  • Policy Implementation: Enforces laws and policies framed by the legislature.
  • Decision-making: Handles day-to-day administration.
  • International Relations: Manages foreign affairs and treaties.

Judiciary

• Composition:
  • Comprises the Supreme Court, High Courts, and subordinate courts.
• Functions:
  • Interpretation of Laws: Ensures laws align with the Constitution.
  • Dispute Resolution: Handles disputes between individuals, states, or the Centre.
  • Judicial Review: Safeguards the Constitution by reviewing the legality of laws and executive actions.

The Indian Parliament: A Bicameral System

The Indian Parliament is a bicameral legislature, consisting of two houses: the Lok Sabha and the Rajya Sabha.

Composition of Parliament

Lok Sabha (House of the People)

• Comprises representatives directly elected by the people.
• Maximum strength: 552 members.

Rajya Sabha (Council of States)

• Members are elected by the state legislatures and nominated by the President.
• Maximum strength: 250 members.

Powers and Functions of Parliament

1. Legislative Functions: Passes laws on Union and Concurrent List subjects; introduces and approves bills (including money bills).
2. Executive Oversight: Holds the government accountable through questions, debates, and motions.
3. Financial Powers: Approves budgets and allocates funds.
4. Amendment of the Constitution: Can amend constitutional provisions under Article 368.
5. Judicial Powers: Can impeach the President or remove judges of the Supreme Court and High Courts.

Contribution to the Legislative Process

• Policy Formation: Debates in Parliament lead to well-considered legislation.
• Representation: Ensures diverse voices are heard.
• Accountability: Keeps the executive in check.

Understanding Bicameral Legislatures

A bicameral legislature is a law-making body with two chambers, or houses, that are responsible for passing laws.

Working Principles of Bicameral Legislatures

• Each chamber has its own powers, as well as powers it shares with the other chamber.
• Legislators in each chamber work together and independently to create a final bill.
• The two chambers may have different voting techniques, authority, and strength.
• The members of the two chambers may be elected or selected in different ways.

Examples of Bicameral Legislatures

• The U.S. Congress: The House of Representatives and the Senate make up the U.S. Congress.
• The Indian Parliament: The Lok Sabha and the Rajya Sabha make up the Indian Parliament.
• The British Parliament: The British Parliament is a bicameral system that has served as a model for many parliamentary systems around the world.

State Leadership: The Governor’s Role

The Governor is the constitutional head of a state, appointed by the President.

Roles and Responsibilities of the Governor

1. Executive Functions: Appoints the Chief Minister, advocates policies, and oversees state administration.
2. Legislative Functions: Summons and dissolves the state legislature; assents bills passed by the legislature.
3. Discretionary Powers: Acts independently in cases like recommending President’s rule or resolving a hung assembly.

President vs. Governor: Key Differences

• Powers of the President:
  1. The President is the head of state and the first citizen of India.
  2. The President can pardon, reprieve, suspend, or commute the sentence of anyone convicted of a central law.
  3. The President can pardon a death sentence.
  4. The President can make provisions for the discharge of the Governor’s functions.
• Powers of the Governor:
  1. The Governor is the chief executive head of a state.
  2. The Governor can pardon, reprieve, suspend, or commute the sentence of anyone convicted of a state law.
  3. The Governor can reserve a bill passed by the state legislature for approval by the President.
  4. The Governor’s actions, recommendations, and supervisory powers are used to implement the Constitution.

Foundational Principles: Rights, Duties, and Ideals

Influence of the Freedom Struggle on Constitutional Principles

The Indian freedom struggle profoundly shaped the principles enshrined in the Constitution:

1. Demand for Civil Rights: The freedom struggle emphasized civil liberties like freedom of speech, press, and association, reflected in the Fundamental Rights.
2. Equality and Social Justice: Leaders like Mahatma Gandhi fought against caste discrimination and untouchability, leading to constitutional provisions like Article 17 (abolition of untouchability).
3. Democratic Ideals: The Indian National Congress’ advocacy for a representative government and universal suffrage shaped India’s commitment to democracy.
4. Secularism and Unity: The struggle witnessed communal divides, motivating the adoption of secularism and unity as foundational principles.
5. Directive Principles of State Policy: Inspired by Gandhi’s vision of a welfare state, these principles aim to promote socio-economic development and justice.

Importance of Fundamental Duties

Fundamental Duties (Article 51A) instill a sense of responsibility among citizens and complement their rights:

1. Moral Obligations: They instill a sense of responsibility among citizens to uphold the Constitution and national unity.
2. Complementing Rights: They balance Fundamental Rights by reminding citizens of their duties toward society and the state.
3. Promoting Unity and Patriotism: Encourages citizens to respect national symbols, protect public property, and maintain harmony.
4. Environmental Awareness: The duty to protect the environment highlights the importance of sustainable development.
5. Legal Implications: While non-justiciable, these duties guide policymaking and encourage law-abiding behavior.