HISTORICAL BACKGROUND OF INDIAN CONSTITUTION

This article is written by Tej Parkash of BBA.LLB of 3^rd Semester of RNB Global University, Bikaner, an intern under Legal Vidhiya.

ABSTRACT

The Constitution of India was adopted on November 26, 1949, and came into effect on January 26, 1950, an enormous legal document and the base of Indian democracy. It reflects the diversity of India’s cultural heritage and its historical struggles and political fight. The article traces the history of India’s Constitution, from the pre-colonial era to the British rule, up to the fervent independence movement and the Constituent Assembly. Ancient and medieval India was the background in which governance was first institutionalized by customary practices and indigenous law. The rule of the British East India Company and then successive British Crown ruled territory brought in wide-ranging legislation such as Government of India Acts of 1919 and 1935, which later went on to frame the Indian Constitution.

Self-government and basic rights remained the paramount demands despite the unremitting struggle for independence by leaders like Mahatma Gandhi and Jawaharlal Nehru. The Constituent Assembly, constituted in 1946, represents different voices where the chairman of the Drafting Committee was Dr. B.R. Ambedkar. The Indian Constitution borrowed principles from different global democracies, like the UK parliamentary system, US-inspired fundamental rights, and Ireland’s Directive Principles of State Policy. After gaining independence, a lot of amendments were brought into the Constitution to adapt with changing situations and the dynamics of the Indian society. The Indian Constitution’s path towards a rich history symbolizes the resolute character of Indians who sought self-determination and justice.

Keywords

Indian Constitution, British Colonial Rule, Independence Movement, Constituent Assembly, Dr. B.R. Ambedkar, Government of India Acts, Fundamental Rights, Directive Principles of State Policy, Amendments, Indian Democracy.

INTRODUCTION

The Constitution of India stands tall as a timeless monument to the unquestionable commitment of the country towards democracy, justice, and equality. Enacted on 26 January 1950, this is one of the longest constitutions in the world and one that mirrors, intricately, the very diverse fabric that makes up Indian society. Its creation was not the work of overnight genius but a product of careful and painstaking work spread over several years with contributions from various quarters in the sphere of society, politics, and intellect. The history of the Indian Constitution began much before it came into effect form. It is deeply imbedded in the rich historical context of India, drawing strength from the ancient and medieval legal traditions, the profound impact of British colonial rule, and fervent aspirations of the Indian independence movement. A very important role in this process was played by the Constituent Assembly, formed in 1946. Such distinguished leaders and scholars as Dr. B.R. Ambedkar led the way-often hailed as the principal architect of the Constitution. This assembly took on the task of drafting a document that was going to constitute a set of rules governing the newly independent nation, reflecting indigenous values and modern democratic ideas embodied by countries all over the world.

Knowledge of this historical background of the Constitution of India provides enlightenment on foundational principles and the vision that steers the country to date. In the pre-colonial time, there was diversity in the legal and administrative systems followed by different regions with their customs and norms. British colonialism imposed more uniformity to the legal framework which had a huge impact on the drafting process. In fact, it was the Indian movement for independence, characterized by an aggressive struggle to win self-government and civil rights, that provided a background for the integration of fundamental rights and democratic principles into the Constitution. Constitution, therefore post-independence, underwent a host of amendments reflecting the vibrancy of the Indian society and its challenges. The journey of history thus symbolizes the tenacious spirit of India striving for self-determination, justice, and equality; it makes the Constitution a legal document along with being a living testament of the nation’s enduring values and aspirations.[1]

PRE-COLONIAL BACKGROUND

The pre-colonial era in India was a mosaic of the various legal and administrative systems that, by and large, differed from region to region. In the pre-british colonial period, India was a country of many kingdoms, empires, and small states with their respective laws and customs. The legal, constitutional, and governance framework that existed in ancient India-a subject worth reading-could be immensely covered by Manusmriti and Arthashastra. The ancient treatise, the Manusmriti, described principles of justice and morality-its duties, responsibilities, and social structure. It played a crucial role in the legal and social life of ancient India. The Arthashastra, ‘Treatise on Statecraft, Economic Policy, and Military Strategy’ from the pen of ancient scholar Kautilya, popularly known as Chanakya, vividly depicts the political wisdom of its times. These texts together with local customs and traditions formed the bedrock of legal and administrative practices in ancient India. In fact, such texts influence governance structures, as evinced by the Mauryan and Gupta Empires, specifically the Mauryan under Emperor Ashoka, which marked governance with an emphasis on moral and ethical governance inspired by the edict promulgated under pure Buddhist principles on matters of justice and welfare.

A new kind of legal as well as administrative structure came about with the advent of Islamic rule to the medieval period. The Delhi Sultanate and the Mughal Empire introduced the application of Islamic law, which lived side by side with customs and practices in the locale. It was during the reign of Emperor Akbar that the Mughal administration is characterized by tolerance and the incorporation of multiple legal traditions. The court of Akbar comprised members of expertise from different religions as a precondition for forming a syncretic legal system that permitted both Islamic law and local customs to coexist. The Mughal Empire formulated a sophisticated bureaucracy and judicial procedure and process, which went into legacy for the Indian legal system. However, during the Mughal period, it was further codified and outlined in legal codes, such as that compiled by Fatawa-e-Alamgiri by Emperor Aurangzeb for consolidation of Islamic jurisprudence. This composite was assimilative and inclusive.

In such ways, pre-colonial India had a pluralistic legal tradition which emerged as a combination of ancient indigenous principles and influences of Islamic law. This rich and variegated legal heritage, therefore, forms a solid base that later influences the drafting of the Constitution of India. An ancient tapestry of pre-colonial India, forged by the compromise between ancient texts and local customs on one hand and Islamic jurisprudence on the other hand, goes to exemplify the deep and diverse roots that India’s basic principles of law and administration have been nurtured in. This complex legacy sat important to India’s own constitution and reflected the country’s long-established legacy in legal pluralism and flexibility.

BRITISH COLONIAL RULE

British colonial rule started in mid-18th century after the Battle of Plassey in 1757, marking the supremacy of the British East India Company over the Indian territories. The next hundred years saw the company expand control over vast portions of India through military might and also through strategic alliances with indigenous rulers. By 1858, with the Indian Rebellion of 1857, the British Crown assumed direct power, and the British Raj thereafter. The centralized, uniform administrative system replaced the diversification and locally governed systems of pre-colonial India during that period. In establishing legal frameworks succeeding each other in a series, the British laid a foundation for the modern Indian legal system. The Regulating Act of 1773 was the first serious effort to centralize administration and formed the basis of all subsequent legal development. The Charter Act of 1833 further consolidated the control over administration by introducing the new office of Governor-General of India, which proved to be a significant step toward the unity of administrative framework.

The most important legal frameworks during the British rule was that of the Government of India Act of 1858, which symbolized the transfer of power from the East India Company to the British Crown. In this Act, there was an establishment of the structure for British administration in India-the actual formulation of the control of Indian affairs by the British government. The Indian Councils Act, 1861, essentially had Indian representation in the legislative councils, hence starting legislative reforms by including Indian voices in governance. The Morley-Minto Reforms of 1909 increased Indian involvement in governance and, finally, the Montagu-Chelmsford Reforms, established a system of dyarchy during 1919, giving portfolios to Indian ministers. That however, appears to be the direct influence of the Government of India Act of 1935 on the Indian Constitution. For the first time, provincial autonomy was introduced under it along with a structure that was basically federal, setting the basis for a much more autonomous governance system, and yet within the British framework. Provinces had their legislatures established under it and the franchise extended to a much larger section of the Indian populace. Carrying forward the basic principles of representation and federalism, such fundamental features are found in the Indian Constitution. Economic changes were far-reaching under the British colonial regime, whereby policies favorable to British economic interests generally resulted in an adverse effect upon the economic welfare of India. Overall, the Western ways of education and legal systems impinged significantly on the social structure of modern India and their legal setup. The final struggles and aspirations of the colonial period shaped how Indian leaders framed their constitution, as they attempted to fashion a document that would be a guarantee of justice, liberty, equality, and fraternity for all Indians; the injustices of colonial rule that had previously been certain and would never again find a place in India’s newly independent nation, for the truth is that a democratic and just society was highly inherent in such a battle-worn victory.

INDIAN INDEPENDENCE MOVEMENT

Indian independence movement played the game of a wide and broad movement towards freedom in forming the Indian Constitution. Officially this movement had started with the Revolt of 1857, which was called the First War of Indian Independence. Though it finally failed to succeed, it fired nationalist sentiments and documented the widespread sentiments against British rule. Thus began a long, arduous march towards independence. The first organized platform was the Indian National Congress, established in 1885, which voiced their demands and aspirations. Though, at first, the INC approached in moderation: They demanded political reforms just through petitions and dialogues with the British. The continuous lack of response from the British made the INC even bolder, step by step. It was this change that marked the entry of Mohandas Karamchand Gandhi, also known as Mahatma Gandhi, into the movement in 1915. The philosophy of Satyagraha or non-violent resistance came to the forefront from then on. His leadership gave a number of mass movements and, among them, three important movements-Non-Cooperation Movement (1920-22); the Civil Disobedience Movement (1930-34); and the Quit India Movement in 1942. These movements involved millions of Indians participating in acts of civil disobedience, boycotting the goods of Britain, and refusing to be ruled under colonial laws. Even under such repression, efforts were on with unity and determination in their war of independence by the Indian people.

The Non-Cooperation Movement was the direct result of the outcome of the 1919 Jallianwala Bagh massacre, in which hundreds of unarmed Indian civilians were killed by British troops during a peaceful protest. This atrocious event outraged all Indians and convinced them to withdraw their support from British institutions, products, and services. Though the violent Chauri Chaura incident in 1922 put a full stop to the movement, it more than anything proved the success of non-violent resistance. The Salt March of 1930 gave the Civil Disobedience Movement a more vigorous movement. Gandhi and his followers walked more than 240 miles to produce salt from sea water- it was a challenge to the British laws who had been tyrannical towards India. It became very mass, as people involved themselves in civil disobedience through tax refusal and breaking salt laws. Quit India Movement of 1942 was the greatest and last mass movement asking for the British to leave India. The “Do or Die” was their slogan, and despite mass arrests and heavy brutal suppression by the British, it highlighted that Indian people were intent on achieving independence. There were many mighty heads who took active part in this dream, comprising leaders like Jawaharlal Nehru, Sardar Vallabhbhai Patel, Subhash Chandra Bose, and B. R. Ambedkar. The relentless collective efforts finally bore fruit as India became an independent nation on August 15, 1947, with its separation into two distinct countries: India and Pakistan. The experiences of the colonial period and the ideals for which freedom was fought influence the framing of the Indian Constitution in deep ways. The Constituent Assembly was set up in 1946, composed of many leaders of the independence movement and wishing to have a democratic society living with justice. It was very well reflected in the Constitution, which aimed to deliver for all citizens: justice, liberty, equality, and fraternity. Democracy and basic rights principles were deeply inspired by the aspirations and ideals of the independence movement. The document addressed the injustices of colonial rule, and therefore, framed a new nation based upon unity, integrity, and social justice. Thus, the Indian Constitution is a living and breathing monument to the sacrifice and aspirations of the Indian people during that struggle toward independence. It does depict the culmination of their never-ending search for a just and equitable society and inspires the nation to continue furthering progress and harmony.

CONSTITUENT ASSEMBLY

It was in December 1946 that India’s Constituent Assembly came into existence. It was to be the first constituent assembly, not only of any country but in the entire world. Its setting up was a hallmark in India’s history. Their primary job was to draft a constitution for free, proud India, bringing into life the dreams and aspirations of its people. Such an assembly was to consist of 299 members elected through indirect elections performed according to the rules laid down by the Cabinet Mission Plan of 1946, within the precincts of the members of the provincial legislative assemblies. In it were represented almost all categories of Indian men: lawyers, politicians, freedom fighters, scholars, etc. The prominent leaders in the drafting of the Constitution were Dr. B.R. Ambedkar, Jawaharlal Nehru, Sardar Vallabhbhai Patel, Maulana Abul Kalam Azad, and Rajendra Prasad. The primary builder of the Indian Constitution, almost always termed as Dr. B.R. Ambedkar, was made the Chairman of the Drafting Committee. The assembly met for the first time on December 9, 1946 and met consecutively for three years, holding eleven sessions in total and debating for 165 days. Thus the assembly worked hard to discuss each and every provision of a constitution with care and debate so that the constitution is all-inclusive.[2]

One of the major qualities of the Constituent Assembly was its resolution towards democratic and protection of individual rights. The Constituent Assembly drew inspiration from various sources, which included the constitutions of other democratic countries like the United States, United Kingdom, Ireland, and Canada. This system made it possible for the team to adapt the best practices and principles of the entire world according to India’s specific situation. There are instances where the Indian Constitution borrowed the parliamentary system of governance from the United Kingdom, fundamental rights from the United States, and the Directive Principles of State Policy from Ireland. Beside it all, the constituent assembly spoke to the need for social justice and appealed to vindicate the historical injustices faced by marginalized communities in India. Including fundamental rights and Directive Principles of State Policy into the constitution became the direct reflection of this commitment. There is Part III of the Constitution, which guarantees fundamental rights to be the possession of all citizens. Such rights include freedom of speech, equality before the law, and protection against discrimination in a bid to ensure a dignified living of every citizen. The Directive Principles, spelt out under Part IV, outline the guidance the government must provide for policies in the pursuit of social and economic welfare to create a more equitable society.

It resolved on the federal structure of the country and therefore decided the scale of the central authority vis a vis the states. The assembly was also able to take into account India’s vast diversity, ensuring regional interests, while national unity kept coming into the limelight. The Constituent Assembly had to deal with a lot in their deliberations; the partition of India and the communal violence which followed. Despite the hurdles, people kept marching forward in the vision of forming a sovereign, democratic republic. On 26 November 1949, the assembly adopted the Constitution of India, which came into effect on January 26, 1950. Now, this day is celebrated as Republic Day. The efforts, zeal, and vision of the members of this Constituent Assembly have been there in the constitution of this country with all details and an elaborate framework. Since then it has been amended numerous times to challenge contemporary issues, however the spirit of democracy, justice, and equality is still the same as was in its original version. It was to lay down the work of the Constituent Assembly, which is the foundation of modern India-the legal framework that has sustained the country for over seven decades underpinning democracy and protecting citizen rights.[3]

DEBATES IN THE CONSTITUENT ASSEMBLY

The debates of the Constituent Assembly were extremely intense and critical, influencing the foundational principles of the Indian Constitution. Here are some of the most important debates that significantly have been reflected in the document itself:

1. The Preamble

The Preamble of the Indian Constitution is a concise outline of the basic values on which the nation is based, namely, justice, liberty, equality, and fraternity. The Preamble debates witnessed controversy over the use of terms like “Sovereign,” “Socialist,” “Secular,” and “Democratic.” The very spirit of the Constitution, as well as hopes for the people of India, were captured by the Preamble, according to Dr. B.R. Ambedkar. The basic framework of India’s concept of democracy and inclusivity came from the agreement achieved by the assembly on such terms.

2. Fundamental Rights

The most important part of the Constitution, Fundamental Rights, was debated at great length. Leaders like Sardar Vallabhbhai Patel and Dr. B.R. Ambedkar believed that the rights of an individual needed a strong structure to avoid discrimination and the deprivation of liberties. Major rights were discussed, including equality, freedom of speech and expression, protection from arbitrary arrest, and the abolition of untouchability. The result was a long list of Fundamental Rights in Part III of the Constitution, which guards civil liberties and promotes social justice.

3. Language and Official Language

The question of language was one of the most contentious debates in the assembly. India is a country of linguistic diversity, and hence, the choice of an official language was a decision that was not easy. The controversy was on the adoption of Hindi as a State language while incorporating measures for non-Hindi speaking areas. Jawaharlal Nehru vigorously stood for Hindi and at the same time advocated English as a transition instrument for integrating the country.

The compromise adopted Hindi as the official language but provided for English for official purposes for a given period.

4. Reservation and Minority Rights

Debates on reservation and minority rights were crucial in redressing historical injustices and promoting social equity. Dr. Ambedkar strongly argued for the reservations of Scheduled Castes and Scheduled Tribes in legislatures, services, and educational institutions. The assembly also considered special provisions that religious and linguistic minorities require to protect their rights and ensure their participation in governance. The provisions resulting in Articles 15, 16 and 29-30 tried to form a very egalitarian society where everyone’s rights are respected and looked after.

5. Federal Structure

The debate was trying to balance the central government and the states in regard to who exercises what kind of power. The members debated on whether to have a stronger central authority to be in place with more power towards the center or a looser and more federal power for states. Part XI established a strong center, thereby making this a quasi-federal one. The power balance set had the structure maintain overall unity but also had provision for aspirations at the regional level as well.[4]

INFLUENCES ON INDIAN CONSTITUTION

Perhaps the Indian Constitution is among all the constitutions, the most voluminous and minute in its details. The Indian Constitution has been heavily based on the structures of various constitutions worldwide and philosophies of law. Drawing upon this knowledge of the diversity and complexity of India, the makers had carefully handpicked a bit from here and a bit from there with regard to features for the sake of this document so that it suited the newly independent country. This thoughtfully incorporated ideas and principles from other democratic constitutions to give India a balanced and effective governance framework.

The British parliamentary system was one of the major influences on the Indian Constitution. The British ruled India for nearly two centuries and, therefore, the framers were intimately aware of the British model of governance. Adopted from the United Kingdom, the Indian Constitution borrowed the parliamentary system of governance, which ensures a responsible government answerable to the legislature. It was considered appropriate for India’s diverse and pluralistic society. Another important feature incorporated into the Indian legal framework was that of the rule of law, which is the cornerstone of British legal philosophy, entailing subjection to the rule of law in all respects for every citizen. Perhaps one of the most apparent influences of the United States Constitution on the Indian Constitution is the provision for fundamental rights. Influenced by the Bill of Rights, the framers of the Indian Constitution include a similar list of civil liberties designed to safeguard individual liberties. Part III of the Indian Constitution essentially provides protection and guarantees freedom for the citizens and guarantees through all these freedoms some rights such as equality, freedom of speech, and protection against discrimination. These rights are the bedrock of Indian democracy and protect individual liberties. The directives of the policy of the state, as enshrined in Part IV of the Indian Constitution, have borrowed lines from the Irish Constitution. They are guiding the state in order to formulate policies for promoting social and economic welfare. Though not justiciable, or enforceable in a court of law, these are supremely important in the governance of the country and bring about an almost just society.

The making of the Indian Constitution was also inspired from the Canadian federal system. The makers of the Indian Constitution knew that powers needed to be balanced between the center and the states. Therefore, they chose a quasi-federal form. This form had a robust centre but still allowed room for the states to manage their internal affairs. The Canadian pattern of federalism was deemed appropriate to give shape to India’s vast and varied landscape, as it offered integration with diversity. The Indian Constitution adopted another principle from the United States judicial review, which vests in the judiciary a right to pronounce laws unconstitutional and Nullified. This mechanism acts as a curb on the powers of the legislature and the executive to ensure that the government works within the constitutional framework. The commitment to social justice is reflected in the very provisions that bring about the upliftment of marginalized communities. Influenced by the egalitarian principles of several global constitutions, they included affirmative action policies to promote the welfare of Scheduled Castes, Scheduled Tribes, and other backward classes. These provisions aim to redress injustices in the past and to provide social equality. The impact of colonial rule and the history of the struggle for independence played a very important role in shaping the Indian Constitution. The writers wanted to build an administrative system that would prevent any misuse of power at all costs, as they had suffered in the hands of the British. It contains very elaborate provisions for fundamental rights, social justice, and democratic governance-so a commitment to creating a just society is evident. The process of framing the Indian Constitution involved intense debates and discussions by the Constituent Assembly. Members carried with them diverse perspectives and experiences, enriching the constitutional framework. The debates underlined the need for an inclusive Constitution, reflective of the Indian scenario. The assembly consulted constitutional scholars and legal experts from all parts of the globe to ensure the Constitution benefited from the overall global best practices. The length and details of the Indian Constitution thus stand as proof of the cautious or careful intent of the drafters of the Constitution who wished to take care of the complexities of and challenges of running such a widely diverse people-populated country. It contains provisions for a wide range of issues-from fundamental rights and directive principles to the structure of government and the relationship between center and states. Conclusion In conclusion, the Indian Constitution is a product of diverse influences, thoughtfully integrated to create a robust and comprehensive governance framework. This way, the framers drew inspiration from global experiences to suit the specific needs of India and ensured a relevant Constitution would work effectively. Ideas integration has created a vibrant, alive, and resilient Constitution that guides India in its growing journey as a democratic and inclusive nation.

ADOPTION AND IMPLEMENTATION

Adoption and implementation of the Indian Constitution: This is one of the most memorable moments in the nation’s history which marked the end to colonial rule and the breaking dawn of the self-governance age. Adoption commences from when the Constituent Assembly finally wound up its drafting work. The Constituent Assembly unanimously adopted the Constitution on November 26, 1949, after three years of thought, debates, and careful drafting. This day is celebrated as Constitution Day or Samvidhan Divas in India. The adoption was a grand event attended by the prominent figures in the assembly and the freedom movement. Notably, Dr. B.R. Ambedkar, the Chairman of the Drafting Committee presented the final draft, after all sorts of deliberations and amendments; members of the assembly voted for adopting it. It brought forth, in almost a real sense, the collective aspirations and vision of a democratic, secular, and inclusive India. It was more than just a piece of paper. It was symbolic renditions of the promises made by the country to justice, liberty, equality, and fraternity. The whole essence of this preamble is concisely encompassed in the Constitution to establish the overall ambiance of the entire document.

The Indian Constitution came into effect on January 26, 1950 – that date has been chosen to commemorate the declaration of independence made in 1930. An annual day now focuses on Republic Day celebrations. The elected first President of India was Dr. Rajendra Prasad. The Republic of India was formed by the Constitution, which brought a fundamental change in the country’s political as well as administrative organization. This instrument established a sovereign, socialist, secular, and democratic republic with a parliamentary system of government. The constitution was a prime document describing the structural framework for the central and state governments, which highlights their powers and responsibilities separately. It further enshrined fundamental rights, which offered protection and ensured individual liberties and social justice. The Directive Principles of State Policy guided the government to bring about a more equitable society. The judiciary was invested with judicial review to ensure that all laws and policies agree with the constitutional framework. In the implementation phase, India did not have easy times getting into a newly changed status quo of a just freed nation. However, the Constitution laid the very sound foundation for India’s legal and democratic structure. It enabled it to overcome challenges-the social, economic, and political. The Indian Constitution has been amended many times over the years to reflect the needs and current requirements of Indian society. Thus, it continues to thrive, taking shape over time. The adoption of such a constitution in India and its living spirit are attributed to the vision and hard work of its framers, guiding the nation towards progress and inclusion.[5]

POST-INDEPENDENCE AMENDMENTS

Some of the most important judicial decisions that influenced and changed Indian Constitution are-

1. Forty-Fourth Amendment Act, 1978- It attempted to restore balance between the executive and the judiciary, which had been altered by the Forty-Second Amendment. The supremacy of Fundamental Rights as against Directive Principles and the term of Lok Sabha and state assemblies was restored to five years. The Forty-Fourth Amendment Act was enacted in the year 1978. The amendment also made it difficult for a government to declare an emergency and ensured that the right to property was no more a fundamental right but a legal right. Significant not to let emergency provisions misuse and safeguard the liberties of people were served.
2. Fifty-Second Amendment Act, 1985- The Fifty-Second Amendment, commonly known as the Anti-Defection Law, was enacted to get rid of the issue of political defection. It brought in the Tenth Schedule to the Constitution for laying down how members of Parliament and state legislatures can be disqualified for defection to another party. The amendment aimed to ensure stability in political lives and check the unethical trend of changing political allegiance for sundry motives of personal gain.
3. Seventy-Third and Seventy-Fourth Amendments, 1992- Seventy-Third and Seventy-Fourth Amendments enacted in the year 1992 were landmark amendments to bring reforms at the grass root level of governance. The Seventy-Third Amendment created a three-tier Panchayati Raj Institutions, namely at village, intermediate, and district levels, making decentralization of power possible with greater participation from local communities. The Seventy-Fourth Amendment concerned urban local bodies by making provisions for the formation of municipalities and greater autonomy with more financial independence for the structures of governance in cities. This was done to make the local governments stronger and promote grassroot democracy.
4. Eighty-Sixth Amendment Act, 2002- The Eighty-Sixth Amendment of 2002 declared education as a fundamental right for children between six and fourteen. Article 21A was introduced to create the need for providing free and compulsory education by the state to children in this age group. This is an amendment that gives importance to education for the growth of the country and ensures quality education to all children.
5. One Hundred and First Amendment Act, 2016- The One Hundred and First Amendment of 2016 brought the Goods and Services Tax (GST) into existence. Being one of the greatest economical reforms made with an intention to have the single tax system across India, it revolutionized the nation by subsuming the several indirect taxes hitherto levied by the central and state governments at their respective levels. It helped in simplifying the tax system and promoting ease of doing business. It has been one of the major overhauls undertaken in the Indian economy, enhancing tax compliance and revenue generation.
6. Repeal of Article 370 and 371(J), 2019- The abrogation of Article 370 and 371(J) in 2019 marked the historical era that finally ended the special status of Jammu and Kashmir. Article 370 gave special autonomy to the region wherein it was granted the right to have its own constitution and autonomy over all matters except for defense, communications, and foreign affairs. The abolition of Article 370 brought the whole of Jammu and Kashmir squarely into the Indian Union with all Indian laws applicable to it. The article of 371(J) was similarly withdrawn, which had given special provisions to the state. This was to bring uniformity in governance and integrate the region more closely to the rest of the country.

JUDICIAL INTERPRETATIONS AND LANDMARK JUDGEMENTS

1. Keshavananda Bharati v. State of Kerala (1973)- This was one of the landmark judgments in the confirmation of the Indian Constitution. It introduced the concept of “Basic Structure,” wherein certain important elements such as democracy, secularism, and judicial review are unamendable. Therefore, the government cannot amend the base structure of the Constitution in any manner whatsoever.[6]
2. Maneka Gandhi v. Union of India (1978)- It enlarged the phrase right to life and personal liberty, which was under Article 21. It directed that any law to take away a person’s liberty must be fair, just, and reasonable. It enhanced the protection on individual rights and held the state liable for its arbitrary actions.[7]
3. Minerva Mills Ltd. v. Union of India (1980)- Since this case reiterated the doctrine of Basic Structure, it created a harmony between Fundamental Rights and Directive Principles of State Policy. Neither could emerge as a dominant force over the other, which was in itself, a faithful expression to the balanced approach that the Constitution had contemplated for governance as well as socio-economic justice.[8]
4. Indira Sawhney v. Union of India (1992)- Subject matter of case involved the controversial one on OBC reservations. Introduction of concept of ‘creamy layer’ provided this benefit to those only who were truly backward-class members, to rule out and eliminate the possibility that the benefits could be bestowed misguidedly upon economically prosperous or rich members belonging to that backward class only in a bid to provide balanced delivery to the poor.[9]
5. Shayara Bano v. Union of India (2017)- This judgment declared triple talaq unconstitutional, which was a major step towards gender equality. It made it clear that personal laws cannot be above the Constitution’s fundamental rights, especially the rights to equality and personal liberty, thus strengthening legal safeguards for women.[10]
6. Justice K. S. Puttaswamy (Retd.) v. Union of India (2017)- Declaration of the right to privacy and coming under Article 21 of the fundamental rights also became a ground stone for future legal standards on the protection of personal data and also become landmark precedential cases against state action violating the right to individual privacy.[11]

CONCLUSION

In conclusion, the Indian Constitution stands as a monumental testament to the country’s commitment to democracy, justice, and equality. Emerging from the crucible of the independence movement, it captures the aspirations and values of the Indian people, shaped by rich historical experiences and an enduring quest for self-governance. The Constituent Assembly has been very thoughtful in constructing the Indian Constitution by being inspired by the British parliamentary system, American Bill of Rights, Irish Directive Principles of State Policy, to the Canadian federal structure, in making this integrated sum of all democratic forces emerging around the globe. This somehow forms a bouquet for India, which made the Indian Constitution inclusive and flexible enough to endure and cater to the socio-political context of the nation. The historical context leading up to the adoption of the Constitution is important. From the ancient and medieval legal traditions to the profound impact of British colonial rule, each phase contributed to the foundational principles embedded in the Constitution. However, by introducing centralized governance and a legal framework that was exploitative in nature, the colonial period thus laid down administrative structures adapted and reformed later by the Constituent Assembly. The fervent independence movement infused the Constitution with values of liberty, equality, and justice, led by iconic leaders like Mahatma Gandhi, Jawaharlal Nehru, and Dr. B.R. Ambedkar, but their relentless struggle for freedom also shaped the drafting of the document.

The Constitution remains a living document, constantly subject to amendments in order to address emerging challenges and prove relevant. In this view, the post-independence amendment has been pivotal for fine-tuning the framework of the constitution. The First Amendment for land reforms, Seventy-Third and Seventy-Fourth Amendments for strengthening the local body, Eighty-Sixth Amendment, which gave education a position of fundamental rights, and then the introduction of the GST under the One Hundred and First Amendment have impacted progress in the country. The abrogation of Article 370 in 2019 marks the historic shift in the status of Jammu and Kashmir to become more integral with the rest of India. Every amendment reflects the dynamism of Indian democracy in changing socio-economic and political contexts. The landmark judicial cases also shape the interpretation and application of the Constitution for making it resilient and relevant. Such cases as Kesavananda Bharati v. State of Kerala established the doctrine of Basic Structure and thereby protected the core of the Constitution from arbitrary amendments. Maneka Gandhi v. Union of India expanded the scope of Article 21 to include the right to live with dignity. Some other landmark cases, such as Indira Sawhney v. Union of India, Shayara Bano v. Union of India, and Justice K.S. Puttaswamy v. Union of India, have already promoted social justice, gender equality, and liberty among individuals. Such judicial interventions underline the need for the Constitution to serve democratic values without violating social justice. The Constitution of India symbolizes not just a paper of document but vivid history of the nation on its path towards democracy, justice, and equality. It stays as the embodiment of the aspirations and values that bring together Indian people, forged in the fire of historical experiences and struggles, guiding the nation toward progress and inclusiveness through its comprehensive framework and commitment to social justice. All these changes and judicial interpretations reflect the dynamic and adaptive process that it is, thereby making the framework a strong one under which India can sustain effective democratic governance. The Indian Constitution, animated by the principles of justice, liberty, and equality, serves as constant inspiration and guide for the entire nation toward a future reflecting the ideals of its great makers and the aspirations of its people.

REFERENCES

1. Granville Austin, “The Indian Constitution: Cornerstone of a Nation,” 1966 (Oxford University Press).  https://global.oup.com/academic/product/the-indian-constitution-9780195649598 (Last Visited Oct 21, 2024).
2. M.P. Jain, “Indian Constitutional Law,” 8th ed. 2018 (LexisNexis).  https://www.lexisnexis.in/en-in/products/indian-constitutional-law-8th-edition.page (Last Visited Oct 22, 2024).
3. B. Shiva Rao, “The Framing of India’s Constitution: Select Documents,” 1968 (Indian Institute of Public Administration).  https://www.iipa.org.in/publications (Last Visited Oct 23, 2024).
4. Subhash C. Kashyap, “Constitutional Law of India,” 2019 (Universal Law Publishing).  https://www.universallawpublishing.com/constitutional-law-of-india (Last Visited Oct 24, 2024).
5. Durga Das Basu, “Introduction to the Constitution of India,” 23rd ed. 2018 (LexisNexis)  https://www.lexisnexis.in/en-in/products/introduction-to-the-constitution-of-india-23rd-edition.page  (Last Visited Oct 25, 2024).
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9. Zoya Hasan, “Politics of Inclusion: Castes, Minorities, and Affirmative Action,” 2009 (Oxford University Press).  https://global.oup.com/academic/product/politics-of-inclusion-9780198068815 (Last Visited Oct 24, 2024).

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[1] GLANVILLE AUSTIN, THE INDIAN CONSTITUTION: CORNERSTONE OF A NATION (Oxford University Press 1966). https://global.oup.com/academic/product/the-indian-constitution-9780195649598 (Last Visited Oct 21, 2024).

[2] RAJEEV BHARGAVA, POLITICS AND ETHICS OF THE INDIAN CONSTITUTION (Oxford University Press 2009). https://global.oup.com/academic/product/politics-and-ethics-of-the-indian-constitution-9780198062554 (Last Visited Oct 21, 2024).

[3] B. SHIVA RAO, THE FRAMING OF INDIA’S CONSTITUTION: SELECT DOCUMENTS (Indian Institute of Public Administration 1968). https://www.iipa.org.in/publications/ (Last Visited Oct 23, 2024).

[4] ZOYA HASAN, POLITICS OF INCLUSION: CASTES, MINORITIES, AND AFFIRMATIVE ACTION (Oxford University Press 2009). https://global.oup.com/academic/product/politics-of-inclusion-9780198068815 (Last Visited Oct 24, 2024).

[5] THE CONSTITUTION OF INDIA: BARE ACT WITH SHORT NOTES (Government of India 2021). https://www.indiacode.nic.in/handle/123456789/1234?view_type=browse&sam_handle=123456789/9876 (Last Visited Oct 26, 2024)

[6] Kesavananda Bharati v. State of Kerala, AIR 1973 SC146

[7] Maneka Gandhi v. Union of India, 1978 AIR 597

[8] Minerva Mills Ltd. v. Union of India, 1980 AIR 1789

[9] Indira Sawhney v. Union of India, 1992 AIR 571

[10] Shayara Bano v. Union of India, 2017 SCC 36

[11] Justice K. S. Puttaswamy (Retd.) v. Union of India, 2017 SCC 761

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