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HISTORICAL BACKGROUND OF THE CONSTITUTION OF INDIA

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This article is written by Mahesh Chauhan of 3rd Semester of Lloyd law College, an intern under Legal Vidhiya

Abstract

The Constitution of India, adopted on January 26, 1950, is the supreme law of the land and a result of a meticulous process of drafting and deliberation that took nearly three years. Its origins trace back to British colonial rule, which witnessed several constitutional reforms, such as the Government of India Acts of 1919 and 1935, aimed at providing limited self-governance. Following India’s independence in 1947, a Constituent Assembly, composed of eminent leaders and jurists, was formed to draft the Constitution under the chairmanship of Dr. B.R. Ambedkar. Influenced by diverse sources, including the constitutions of the United States, Ireland, and Canada, it reflects India’s aspirations for democracy, justice, equality, and federalism. The resulting document is not only comprehensive and detailed but also symbolizes India’s transition from a colonial past to a sovereign republic committed to the ideals of liberty and social justice.

Keywords

Indian constitution, Indian Independence, Constituent Assembly, Drafting committee, Government of India act 1935, Women’s contribution, History of the Indian constitution, Freedom struggle, Bag of borrowing.

INTRODUCTION

Indian Constitution is the longest written constitution all over the world. It is now the product of years of experience and developments which were happens in it all over the period of time. It governs 28 Federal States and 8 Union Territories and ensures peace and prosperity in all these states and union territories. The Constitution of India provides us bodies which can govern us and also to maintain constitution itself by doing amendments in it over the period of time. These bodies are organs of any state- legislature, Executive and Judiciary. India is regarded as mother of all democracy and it is only possible because of having a Constitution like ours.

Thus, how come does this Constitution become such an important and extinctive part of our nation? The answer of this question can only be given by seeing the history of constitution like how it came into existence, what its relevance is and why its relevance still is high in eyes of people. So, let’s just see the history of Constitution of India.[1]

Historical Background of Constitution of India

During 17th CE, East India Company came in India with the Objective of making as profit as they can from us. Thus, they came and later they understand that I order to have maximum profit they had to rule over us whom they did and in order to rule us they made some laws which can help them in maintaining us and live peacefully. But over the period of time, the people of India understand the injustice which they were facing from whites or Britishers and the revolt against them started peacefully and few people lead that struggle and we got out independence and our constitution was started to form.[2]

The movement of independence of India was joined by many people and it became a large-scale liberation movement which was opposing the British colonial authority. That fight was also for the country’s Constitution. Over the period of time, the core demands of movement were increased to the political representation, self-governance, and fundamental rights of people of the country. The Constitution of India is also the outcome of this fight, which happens over the several years or decades and was also characterized by various important turning points.

When the INC was first established in 1885, its main objective was to provide more influence over national policies to Indians. Prominent figures like Dadabhai Naoroji, Gopal Krishna Gokhale, and Bal Gangadhar Tilak calls for various changes in the constitution that would extend the civil freedoms under British rule and also include the Indians in parliamentary participation.

There were two groups of INC during the liberation struggle one were the Moderates and the other were the Extremists. While the Extremists group was led by individuals like Tilak who advocates Swaraj (self-rule) as a basic right of Indian people and also argued for more confrontational actions like boycotts and rallies while, the Moderates group support progressive constitutional improvements via negotiation with the British administration.

As Inspired by the Home Rule movement of Irish, the Home Rule League movement was started which was led by Annie Besant and Bal Gangadhar Tilak who sought self-government inside the British Empire. The leaders of this movement has demanded various legislative changes and also demanded for a representative government, which was regarded as a major step toward the demands for constitutional changes.

The Montagu-Chelmsford Reforms which were implemented by British administration in response to the growing calls for self-governance which later resulted in Government of India Act, 1919. This Act has established a diarchic system in the provinces, which gave authority to elected Indian representatives over various important ministries like law and finance but it also leaves various areas, like health and education, under British rule. Although this act was a positive development in history but the Indian officials were not happy with its little accomplishment.

This Report was written in 1928 by the Indian leadership which was led by Motilal Nehru. It was a response to the Simon Commission (1927), which does not have Indian members while making for Indian Constitution. This report was firstly attempted by Indians to provide an outline to the constitutional framework and requesting for a parliamentary system, a charter of rights, and a Dominion status within the British Commonwealth. In addition to them it also calls for the defense of minority and adult universal suffrage but British government rejected all those suggestions. As the Dominion status was not given thus during the INC’s All-Party Conferences (1928–29), total independence was demanded. Thus, this Civil Disobedience Movement (1930–34) and the call for Purna Swaraj (total independence) had gained momentum, which marking a turn towards more radical activities.

Widespread demonstrations were sparked by the British government’s decision to send the Simon Commission to India without any Indian participation in order to evaluate the situation for potential improvements in the future. In India, the cry “Simon, go back!” reverberated, uniting disparate segments of the populace in opposition to the Commission.

The British invited Indian leaders to a series of Round Table Conferences in London to propose constitutional reforms in response to the rising turmoil. These conferences covered a wide range of topics, such as minority rights, representation, and federalism. But these conferences had no meaningful results, partly because of Indian ambitions for total independence and British unwillingness to offer substantive authority.

The Gandhi-Irwin Pact, which enabled Mahatma Gandhi to attend the second Round Table Conference, was one significant result. Gandhi attempted to achieve constitutional safeguards for India, but his attempts were unsuccessful, and civil disobedience returned.

The Government of India Act of 1935 was regarded as most important constitutional change as it brought a federal framework. It also increased provincial autonomy, and allowed to form an All-India Federation. Along with expanding the electorate, it also brought direct elections and extended the dyarchy system to the center. Still, it did not live up to Indian hopes as the British continued to hold a large amount of power, especially in the areas of finance, foreign policy, and military. Despite contesting elections within the Act’s structure and scoring notable victory in various provinces during the 1937 elections, the Congress Party remained opposed to the Act due to its lack of full independence. Indian leaders gained a taste of self-governance via this experience, although with British supervision.

Sir Stafford Cripps was sent to India by The British government in order to engage in negotiations with Indian leaders to win their support for the war (World War 2)effort. After the war, the Cripps Mission granted opportunity to India to design a constitution and to have Dominion status, subject to the provinces’ ability to refuse. The plan was turned down by Indian authorities because it did not meet their demands for total independence and put the country at danger of splitting.

In order to discuss the terms of a handover of power The British government had dispatched a Cabinet Mission to India. The Cabinet Mission suggested keeping India together under a federal framework while establishing a Constituent Assembly in order to design a new constitution. The Muslim League and the Indian National Congress agreed to the concept, but with significant concerns.

The Constituent Assembly was 1st constituted on December 9, 1946 for undivided India, following the holding of elections for the Assembly in 1946. Despite the Muslim League’s initial participation, it eventually abstained from the Assembly, sparking a parallel call for India’s split. Despite these obstacles, the Constituent Assembly persisted in its work, and on August 15, 1947, when India gained its independence, it was given the task of writing the country’s new constitution.[3]

Women’s Contribution in Framing the Constitution

The Indian Constitution was drafted with the considerable and unappreciated contribution of women. There were only 15 women out of the 299 members of the Constituent Assembly who were representing a very wide range of areas, social groups, and political perspectives. These women were more than just being symbolic symbols; they has actively participated in every discussion, meeting, and assembly and shaped various important laws which were pertaining to social justice, equality, and women’s rights. Their achievements had set the stage to be more equal and inclusive for a society. The following were the notable women who were among those 15 who had helped in drafting the best Constitution for people of this nation:

Sarojini Naidu

Sarojini Naidu was a poet, independence fighter, and the first female president of the Indian National Congress. She was a fervent supporter of social reforms and women’s rights. She made a substantial contribution onto the discussions about the liberties as well as the rights of Indian citizens.

Jivraj Hansa Mehta

She was a staunch feminist and a reformer. She was an instrumental in advocating the gender equality and to embrace it in the Constitution. She was instrumental in getting “sex” added to the list of protected categories in Article 15, which forbids discrimination on the basis of religion, race, caste, sex, or place of birth. Along with contributing to the creation of the Universal Declaration of Human Rights, Mehta represented India in the UN.

Durgabai Deshmukh

She was a social reformer and an esteem supporter of women’s rights. She had played significant role information of DPSP (The Directive Principles of State Policy) and various other rules and regulations pertaining to social welfare. She had also formed various other organizations like NGO’s for the education and welfare of women. She had argued in favour of a united India without any sectarian distinctions in electoral representation and was a major proponent of abolishing different electorates. [4]

Renuka Ray

A social activist and supporter of women’s and children’s rights, Renuka Ray played a significant role in conversations about the incorporation of social welfare policies and fundamental rights. She was very committed to her work of making sure that the newly making Constitution must protect the rights of women’s.

Leela Roy

Leela Roy was a social worker and also a revolutionary who had always supported the gender equality. She has supported in having the participation of women in politics and also tries to have their participation in the conversation of social and educational reforms.

Indian Constitution as a Bag of Borrowing          

Indian Constitution is called as borrowed constitution or ‘bag of borrowing’ because we has borrow many things from other constitution and include them in ours one. That are-

Many other ideas or provision were borrowed from other country also such as Japan, France and South Africa. Thereby Indian constitution borrowed many things from all over the world that’s why it is called as ‘Bag of borrowing’, Although it was not a clear copy-paste, rather was a conscious adoption of strong provisions across the world for Indian society.

Unique Principles in Indian Constitution

The composition, its reach, and the tenets of the Indian Constitution make it distinctive and unique from the rest of the constitution. It is having many unique characteristics which helps it in making itself to be standing out as one of the world’s most thorough and in-depth constitutions. Few distinctive features of the Indian Constitution are given below:

Longest Written Constitution

Indian Constitution is regarded as longest and most comprehensive written constitution of the world as it has been through more than 100 amendments over the period of time, it contains more than 450 articles (including sub-clauses) which were divided among 25 parts and 12 schedules from its initial stage of 395 articles in 22 parts and 8 schedules.

A Combination of both Rigidity and Flexibility

Indian Constitution is regarded as amalgamation of both rigidity as well as flexibility as there are having certain rules that can be changed through simple majority, while some others need a special majority and, in very few and certain situations, approval from half of the state legislatures is required. This combination of various methods of approving law safeguards the fundamental ideas of the Constitution while being flexible.

Amalgamation of both Unitary and Federal Elements:

The Indian Constitution having a unitary principle’s influenced federal structure. While during the normal period center and states assemblies or authority operate as federal entity, but during emergency it whole became more unitary and concentrate power in its own hands.

Single Citizenship

The Indian Constitution grants all of its inhabitants a single citizenship, regardless of the state in which they live, in contrast to many federal constitutions (such as the United States), which have dual citizenship (state and federal).

Essential Rights and Mandatory State Policy Principles:

Fundamental Rights: These rights safeguard individual liberty and advance equality since they are enforceable by the courts and justiciable.

Universal Adult Franchise

The first one to implementing universal adult suffrage which is allowing all citizens above the age of 18 to cast their ballots regardless of their gender, caste, religion, or socioeconomic status was the Indian Constitution.

Separate but Integrated Judiciary

The Indian Constitution has established an independent and separate judiciary system which is headed by the Supreme Court, with High Courts and subordinate courts whom all are functioning as a single, cohesive body. This countrywide uniformity and consistency in the interpretation of the laws is guaranteed by this hierarchical framework.

Specific Provisions for Certain States

To preserve their unique identities and guarantee regional stability, several states are granted specific provisions and autonomy under the Constitution (e.g., Article 370 for Jammu & Kashmir until its abrogation in 2019, and Article 371 for states in the North-East).

Emergency Provisions

There are three different kinds of emergency provisions in the Indian Constitution: financial emergency, state emergency (President’s Rule), and national emergency. India has some of the most comprehensive emergency powers in the world because to its constitutionally guaranteed emergency powers, which enable the central government to assume command in an emergency.

Secular State

India is clearly declared to be a secular nation by the Indian Constitution, which means that all religions are treated equally and the government does not practice any particular faith. But the state can become involved in religious affairs to enforce social changes (such outlawing untouchability and controlling religious organizations), which is referred to as “positive secularism.”

Particular Rules for Underrepresented Groups and Weaker Sections

Through reservations in public jobs, educational institutions, and legislatures, the Constitution includes particular measures to safeguard the rights and advance the interests of Scheduled Castes, Scheduled Tribes, and other underprivileged sections.

Leading Case Laws Related To Indian Constitution

The Indian Constitution has been interpreted and defined through numerous landmark judgments. Here are some leading case laws that have significantly shaped constitutional law in India:

  1. Kesavananda Bharati v. State of Kerala (1973)– In this case the basic structure of the Constitution was defined. The SC held that even though Parliament has power to amend every part of the constitution including the fundamental rights, still the Parliament has not power to amend the “basic structure of the Constitution and it could not be repeal even by a constitutional amendment.” This case law is one of the leading case laws and creates the basis of Indian law in which the judiciary has power to strike down any amendment passed by Parliament that is in conflict with the basic structure of the Constitution.[6]
  2. Golaknath Case (1967) – In this case law, the questions arises whether amendment is a law; and whether Fundamental Rights can be amended or not. SC held that Fundamental Rights are not amenable to the Parliamentary restriction which is stated in Article 13 and that a new Constituent Assembly would be required to amend the Fundamental rights. Also stated that even though Article 368 gives the procedure to amend the Constitution but it does not confer on Parliament the power to amend the Constitution.
  3. Menka Gandhi v. Union of India (1978)– Expanded the interpretation of Article 21 (Right to Life and Personal Liberty) to include the right to a fair procedure and upheld the importance of personal liberty.
  4. Minerva Mills Ltd. v. Union of India (1980)– In this case law, the Basic Structure doctrine was again strengthened. The judgement of the case struck down two changes made to the Constitution by the 42nd Amendment Act 1976, declaring them to be violation of the basic structure. The judgement makes it clear that the Constitution is supreme over the Parliament.[7]

CONCLUSION

The Constitution is a result of the comprehensive process involving discussions, extensive debates, and contributions from various leaders and thinkers, making it a product of collective wisdom.  The Indian Constitution’s historical context stems from the nation’s struggle for independence and pursuit of self-governance. It developed until a comprehensive document representing the aspiration of a recently independent nation was produced. The Constitution marks a definitive shift from colonial rule to a sovereign democratic republic, laying a strong basis for governance based on the principles of justice, liberty, equality, and fraternity.

The Constitution adopted on January 26, 1950, not only established India as a sovereign democratic republic but also laid down some of the framework for governance, ensuring fundamental rights and responsibilities for the citizens. Over the period, the Constitution has proven to be a living document, truly capable of evolving through amendments and judicial interpretations to address the changing needs of society. Landmark judgments have reinforced its basics principles, the promotion of justice and ensuring the protection of rights. In conclusion, the Indian Constitution is a testament to the country’s commitment to democratic values and human rights. As India continues to evolve, the Constitution will remain a guiding light and the hopes and aspirations of its people.

REFERENCES

  1. Why Indian Constitution is called as a ‘borrowed document’? Do you think it is a copy of constitution of various countries?, https://forumias.com/blog/answered-why-indian-constitution-is-called-as-a-borrowed-document-do-you-think-it-is-a-copy-of-constitution-of-various-countries/#:~:text=The%20framers%20of%20the,(last visited Sep 21, 2024)
  2. Venkatesh Nayak, The basic structure of the Indian Constitution, https://constitutionnet.org/vl/item/basic-structure-indian-constitution,  (last visited Sep 21, 2024)
  3. Historical Background of Indian Constitution, https://www.clearias.com/historical-background-of-indian-constitution/#regulating-act-of-1773, (last visited Sep 22, 2024)
  4. Constitutional history of India, https://constitutionnet.org/country/india, (last visited Sep 23, 2024)
  5. India code, Law & Justice2.pmd, https://www.indiacode.nic.in/bitstream/123456789/15240/1/constitution_of_india.pdf, (last visited Sep 23, 2024)

[1]https://www.india.gov.in/my-government/constitution-india

[2]https://www.clearias.com/historical-background-of-indian-constitution/

[3]https://www.clearias.com/historical-background-of-indian-constitution/

[4]https://www.shankariasparliament.com/current-affairs/women-in-the-making-of-indian-constitution#:~:text=Vijayalakshmi%20Pandit&text=She%20was%20the%20first%20women,citizens%20and%20the%20international%20community.

[5]https://byjus.com/free-ias-prep/sources-of-indian-constitution/

[6]https://byjus.com/free-ias-prep/kesavananda-bharati-case-1973-sc-judgements/

[7]https://byjus.com/free-ias-prep/important-supreme-court-judgments-upsc/#:~:text=Kesavananda%20Bharati%20case%20(1973)&text=The%20SC%20held%20that%20although,even%20by%20a%20constitutional%20amendment.%E2%80%9D

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