Indian Constitution: Origins, Key Features and Preamble Significance
Constituent Assembly Role
1.1 Role of the Constituent Assembly in the Making of the Constitution of India
Introduction
The Constitution of India is not an accidental document but the result of careful deliberation, debate, and democratic consensus. The task of framing this constitution was entrusted to the Constituent Assembly of India, which played a historic role in shaping the political destiny of independent India.
Composition and Formation
The Constituent Assembly was formed under the Cabinet Mission Plan, 1946.
Members were elected indirectly by provincial legislative assemblies.
Total membership: 389.
British Indian provinces: 296.
Princely states: 93.
After Partition, membership was reduced to 299.
First sitting held on 9 December 1946.
Dr. Rajendra Prasad was elected President of the Assembly.
Dr. B. R. Ambedkar was appointed Chairman of the Drafting Committee.
Functions and Role
1. Drafting the Constitution
The Assembly framed the constitution article by article.
The process took 2 years, 11 months, and 18 days.
The Constitution was adopted on 26 November 1949.
It came into force on 26 January 1950.
2. Sovereign Authority
After the Indian Independence Act, 1947, the Assembly became a sovereign body.
It was not subordinate to the British Parliament.
Its authority derived from the will of the people of India.
3. Democratic Deliberation
There were 11 sessions totaling more than 165 days of debates.
Members represented diverse backgrounds and perspectives.
Opposition voices were heard and recorded.
These proceedings demonstrate deliberative democracy in action.
4. Committee System
Important committees ensured detailed work and expertise. Key committees included:
Drafting Committee
Advisory Committee on Fundamental Rights
Union Powers Committee
Provincial Constitution Committee — this ensured expertise, balance, and precision.
5. Provisional Parliament
The Constituent Assembly acted as the legislative body until the first general elections.
It passed several important laws during the provisional period.
Significance
Reflected Indian social, political, and cultural realities.
Ensured legitimacy and public acceptance of the Constitution.
Produced a people-oriented constitution.
Conclusion
The Constituent Assembly transformed India from a colony into a constitutional democracy, laying down a durable and adaptable framework of governance.
Features of the Indian Constitution
1.2 Features of the Indian Constitution
Introduction
The Indian Constitution is unique in its scope, detail, and adaptability, combining the best features of several constitutions while preserving India’s indigenous values.
Major Features
1. Written and Lengthy Constitution
Fully codified document.
Detailed provisions to avoid ambiguity.
The longest written constitution in the world.
2. Federal System with Strong Centre
Division of powers between Centre and states.
Union, State, and Concurrent Lists.
The Centre is given dominance in matters of national importance.
3. Parliamentary Form of Government
The executive is responsible to the legislature.
The President is the nominal head.
The Prime Minister is the real executive.
4. Fundamental Rights
Guaranteed under Part III.
Justiciable and enforceable.
Protect individual liberty and dignity.
5. Directive Principles of State Policy
Enshrined in Part IV.
Non-justiciable but fundamental to governance.
Aim at social and economic justice.
6. Independent Judiciary
Supreme Court and High Courts.
Power of judicial review.
The judiciary is the guardian of the Constitution.
7. Secularism
No official religion.
Equal treatment of all religions.
8. Single Citizenship
Promotes national unity.
9. Universal Adult Franchise
Right to vote irrespective of caste, creed, or gender.
Conclusion
These features make the Constitution a living document capable of addressing India’s complex socio-political needs.
Nature of the Indian Constitution
1.3 Nature of the Indian Constitution
Federal Character
The Indian Constitution satisfies essential federal features, including:
Written constitution.
Supremacy of the constitution.
Division of powers.
Independent judiciary.
Unitary Bias
However, it also exhibits unitary features:
Strong Centre.
Emergency provisions.
Governors appointed by the Centre.
All-India Services.
Rigid and Flexible
Some provisions may be amended by a simple majority.
Others require a special majority.
Federal provisions may need state ratification.
Conclusion
The Indian Constitution is best described as quasi-federal — federal in form but unitary in spirit.
Essentials of a Federal Constitution
1.4 Essentials of a Federal Constitution
Essential Elements
Written Constitution
Supremacy of the Constitution
Division of Powers
Independent Judiciary
Rigid Amendment Procedure
Indian Context
India incorporates all essentials but with central dominance, making it a unique federal model.
Contributions of 1935 and 1947 Acts
1.5 Contribution of Government of India Act, 1935 & Indian Independence Act, 1947
A. Government of India Act, 1935
Key Contributions
Federal framework.
Provincial autonomy.
Three-list system.
Office of Governor.
Federal Court (the basis of the Supreme Court).
— The Act provided the backbone of the present constitution’s structure.
B. Indian Independence Act, 1947
Major Contributions
Ended British rule in India.
Created sovereign dominions.
The Constituent Assembly became supreme.
Legislative independence was achieved.
Conclusion
These Acts provided the institutional and legal foundation for the Indian Constitution.
Constitution, Constitutional Law & Constitutionalism
1.6 Constitution, Constitutional Law & Constitutionalism
Constitution
Supreme law of the land.
Framework of government.
Constitutional Law
Body of law derived from the constitution.
Includes amendments and judicial interpretations.
Constitutionalism
Limited government.
Rule of law.
Protection of rights.
Separation of powers.
Difference
Constitution = the text.
Constitutionalism = the spirit and principles that limit government power.
Preamble: Importance and Amendability
1.7 Preamble – Importance and Amendability
Meaning
The Preamble reflects:
The source of authority (the People of India).
The nature of the state.
The objectives of governance.
Importance
Key to interpretation of constitutional provisions.
Reflects constitutional philosophy.
Guides the judiciary in interpreting the Constitution.
Expresses national ideals.
Amendability
The Preamble is part of the Constitution.
It can be amended.
Amendments cannot alter the basic structure of the Constitution.
Words added later include:
Socialist
Secular
Integrity
Conclusion
The Preamble is the soul of the Constitution, guiding its interpretation and evolution.
Say “NEXT” and tell me which one.