OUR INDIAN INDIAN CONSTITUTION.

Posted by S.SURYA NARAYAN on April 21, 2014, 1:31 p.m.

The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest^[1] written constitution of any sovereign country in the world, containing 448^{[Note 1][2]} articles in 25^{[Note 2]} parts, 12^{[Note 3]} schedules, 5 appendices and 98^{[Note 4]} amendments (out of 120^[3] Constitution Amendment Bills). Besides the English version, there is an official Hindi translation. Dr. Bhimrao Ramji Ambedkar is widely regarded as the father of the Indian Constitution.

The Constitution follows parliamentary system of government and the executive is directly accountable to legislature. Article 74 provides that there shall be a Prime Minister of India as the head of government. It also states that there shall be a President of Indiaand a Vice-President of India under Articles 52 and 63. Unlike the Prime Minister, the President largely performs ceremonial roles.

The Constitution of India is federal in nature. Each State and each Union territory of India have their own government. Analogues to President and Prime Minister, the Governor in case of States, Lieutenant Governor for Union territories and the Chief Minister. The 73^rd and 74^th Amendment Act also introduced the system of Panchayati Raj in rural areas and Municipality in urban areas. Also,Article 370 of the Constitution gives special status to the state of Jammu and Kashmir.

The Constitution was adopted by the India Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950.^[4]The date of 26 January was chosen to commemorate the Purna Swaraj declaration of independence of 1930. With its adoption, theUnion of India officially became the modern and contemporary Republic of India and it replaced the Government of India Act 1935 as the country's fundamental governing document. To ensure constitutional autochthony, the framers of constitution inserted Article 395 in the constitution and by this Article the Indian Independence Act, 1947 was repealed.^[5] The Constitution declares India to be asovereign, socialist, secular, democratic republic, assuring its citizens of justice, equality, and liberty, and endeavors to promotefraternity among them.^[6] The words "socialist" and "secular" were added to the definition in 1976 by constitutional amendment (mini constitution).^[7] India celebrates the adoption of the constitution on 26 January each year as Republic Day.^[8]

Background

In the United Kingdom the office of the Secretary of State for India was the authority through whom Parliament exercised its rule (along with the Council of India), and established the office of Viceroy of India (along with an Executive Council in India, consisting of high officials of the British Government). The Indian Councils Act 1861 provided for a Legislative Council consisting of the members of the Executive council and non-official members. The Indian Councils Act 1892 established provincial legislatures and increased the powers of the Legislative Council. Although these Acts increased the representation of Indians in the government, their power still remained limited. The Indian Councils Act 1909 and the Government of India Act 1919 further expanded participation of Indians in the government.

Previous Legislations as Source

The Constitution of Indian is drawn from many sources. Keeping in mind the needs and conditions of India the framers of the Constitution of India borrowed different features freely from previous legislation.

Government of India Act 1858

First Revolution of India, 1857 urged British Government to pass this Act. To calm down the after effects of 1857 revolt, the Act of 1858 was introduced. This act abolished East India Company and transferred powers towards the British crown to establish direct rule. The Provisions of the bill are:^[9]

• Provision for the creation of an Indian Civil Service under the control of the Secretary of State.
• The Crown was empowered to appoint a Governor-General and the Governors of the Presidencies.
• The Company's territories in India were to be vested in the Queen, the Company ceasing to exercise its power and control over these territories. India was to be governed in the Queen's name.
• All the property of the East India Company was transferred to the Crown. The Crown also assumed the responsibilities of the Company as they related to treaties, contracts, and so forth.^[10]
• The Queen's Principal Secretary of State received the powers and duties of the Company's Court of Directors. A council of fifteen members was appointed to assist the Secretary of State for India. The council became an advisory body in India affairs. For all the communications between Britain and India, the Secretary of State became the real channel.
• Abolition of double government.

Indian Councils Act 1861

Indian Councils Act 1861 enacted by Parliament of the United Kingdom that transformed the Viceroy of India's executive council into a cabinet run on the portfolio system.^[11] This cabinet had six "ordinary members" who each took charge of a separate department in Calcutta's government: home, revenue, military, law, finance, and (after 1874) public works.

Indian Councils Act 1861 is an essential landmark in the constitutional and political good reputation for India. The 1861 Act restored the legislative power taken away by theCharter Act of 1833. The legislative council at Calcutta was given extensive authority to pass laws for British India as a whole, while the legislative councils at Bombay and Madras were given the power to make laws for the "Peace and good Government" of their respective presidencies.The Governor General was given the power to create new provinces for legislative purposes. He also could appoint Lt. Governors for the same.^[12] Its features are:^[9]

• Indians were involved with law-making process. For this purpose, viceroy nominated the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao.
• Decentralization of legislative powers.
• Establishment of recent legislative councils in Bengal, NWFP and Punjab in 1862, 1866 and 1897 respectively.
• Introduction of portfolio system.
• It empowered the Viceroy to issue ordinances with no concurrence of the legislative council throughout an emergency. The life of such an ordinance was 6 months.

Indian Councils Act 1892

Enacted due to the demand of the Indian National Congress to expand legislative council, the number of non-official members was increased both in central and provincial legislative councils the non official members of Indian legislative councils were henceforth to be nominated by Bengal chamber of commerce and provincial legislative council. In 1892, the council consisted of 24 members, only five being where Indians.^[13] Its features are:^[9]

• Power discussing budget to legislative councils.
• It deliver to the nomination of some non official people in the central legislative council through the viceroy on the recommendation of the provincial legislative councils which of the provincial legislative councils through the governors on the recommendations of the district boards, municipalities, universities, trade associations, zamindars and chambers.

Indian Councils Act 1909

Indian Councils Act 1909 commonly known as the Morley-Minto Reforms, was an Act of the Parliament of the United Kingdom that brought about a limited increase in the involvement of Indians in the governance of British India. The Act of 1909 was important for the following reasons:

• It effectively allowed the election of Indians to the various legislative councils in India for the first time. Previously some Indians had been appointed to legislative councils.
• The introduction of the electoral principle laid the groundwork for a parliamentary system even though this was contrary to the intent of Morley.
• Muslims had expressed serious concern that a first past the post electoral system, like that of Britain, would leave them permanently subject to Hindu majority rule. The Act of 1909 stipulated, as demanded by the Muslim leadership.

The Act amended the Indian Councils Acts of 1861 and 1892.^[14] Its features are:^[9]

1. The maximum number of nominated and elected members of the Legislative Council at the Center was increased from 16 to 60. The number did not include ex-officio members.^[15]
2. The right of separate electorate was given to the Muslims.
3. Official members were to form the majority but in provinces non-official members would be in majority.
4. The members of the Legislative Councils were permitted to discuss the budgets, suggest the amendments and even to vote on them; excluding those items that were included as non-vote items. They were also entitled to ask supplementary questions during the legislative proceedings.
5. The Secretary of State for India was empowered to increase the number of the Executive Councils of Madras and Bombay from two to four.
6. Two Indians were nominated to the Council of the Secretary of State for Indian Affairs.

Government of India Act 1919

After World War I, the British Government opened the door for Indians to public office and employment. The Provisions of the bill are:^[9]

• Relaxation of central treatments for the provinces by demarcating and separating the central and provincial subjects.
• It further divided the provincial subjects into two parts – transferred (That have been administered by governor by the help of ministers who are responsible to legislative council) and reserved (that have been to be administered by the governor and the executive council without being responsible towards the legislative council).
• Introduction of diarchy, Bicameralism, direct elections and establishment of central public service commission in 1926.
• Franchise was granted to some limited people on foundation of property, tax and education.
• Separation of central budget from provisional budget.
• Appointment of statutory commission.

Government of India Act 1935

The provisions of the Government of India Act 1935, though never implemented fully, had a great impact on the Constitution of India. Many key features of the constitution are directly taken from this Act. It is really a lengthy and detailed document having 321 sections and 10 schedules. The majority of the today's constitution has drawn from this. Its features are:^[9]

• It deliver to the establishment of All India Federation. The previous names transferred and reserved subjects are changed as federal and provincial lists and concurrent list is definitely an addendum.
• Abolition of Diarchy and introduced provincial autonomy.
• Abolition of Council Asia.
• Establishment of RBI, federal court, Provincial PSUs and Joint PSUs.
• Extension of bicameralism, communal representation and franchise.

The federal structure of government, provincial autonomy, a bicameral central legislature consisting of a federal assembly and a Council of States and the separation of legislative powers between the centre and states are some of the provisions of the Act which are present in the Constitution of India.

Indian Independence Act 1947

The legislation was formulated by the government of Prime Minister Clement Attlee and the Governor General of India Lord Mountbatten, after representatives of the Indian National Congress,^[16] the Muslim League,^[17] and the Sikh community^[18] came to an agreement with the Viceroy of India, Lord Mountbatten of Burma, on what has come to be known as the 3 June Plan or Mountbatten Plan. The Prime Minister of the United Kingdom announced on 20 February 1947 that:

1. British Government would grant full self-government to British India by June 1948 at the latest,
2. Partition of India and Pakistan.
3. The future of Princely States would be decided after the date of final transfer is decided.^[19]
4. Empowering of Constitution for the nations.

On 18 July 1947, British India divided into two new independent states, India and Pakistan, which were to be dominions under the Commonwealth of Nations until they had each finished drafting and enacted a new constitution. The Constituent Assembly was divided into two for the separate states, with each new Assembly having sovereign powers transferred to it for the respective dominion. The Act also terminated British suzerainty over the princely states, each of which was left to decide whether to accede to one or other of the new dominions or to continue as independent states in their own right.

Constituent Assembly

The Constitution was drafted by the Constituent Assembly, which was elected by the elected members of the provincial assemblies.^[20] Dr B.R. Ambedkar, Sanjay Phakey,Jawaharlal Nehru, C. Rajagopalachari, Rajendra Prasad, Sardar Vallabhbhai Patel, Kanaiyalal Munshi, Purushottam Mavalankar, Sandipkumar Patel, Maulana Abul Kalam Azad,Shyama Prasad Mukherjee, Nalini Ranjan Ghosh, and Balwantrai Mehta were some important figures in the Assembly. There were more than 30 members of the scheduled classes. Frank Anthony represented the Anglo-Indian community, and the Parsis were represented by H. P. Modi. The Chairman of the Minorities Committee was Harendra Coomar Mookerjee, a distinguished Christian who represented all Christians other than Anglo-Indians. Ari Bahadur Gururng represented the Gorkha Community. Prominent jurists like Alladi Krishnaswamy Iyer, Benegal Narsing Rau and K. M. Munshi, Ganesh Mavlankar were also members of the Assembly. Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh,Rajkumari Amrit Kaur and Vijayalakshmi Pandit were important women members.

Dr. Bhimrao Ramji Ambedkar is hailed as the prime architect of the Indian Constitution

The first temporary 2-day president of the Constituent Assembly was Dr Sachidanand Sinha. Later, Rajendra Prasad was elected president of the Constituent Assembly.^[20] The members of the Constituent Assembly met for the first time on 9 December 1946.^[20]

Drafting                                                                                                    On the 14 August 1947 meeting of the Assembly, a proposal for forming various committees was presented.^[20] Such committees included a Committee on Fundamental Rights, the Union Powers Committee and Union Constitution Committee. On 29 August 1947, the Drafting Committee was appointed, with Dr B. R. Ambedkar as the Chairman along with six other members assisted by a constitutional advisor. These members were Pandit Govind Ballabh Pant Kanaiyalal Maneklal Munshi (K M Munshi, Ex- Home Minister, Bombay), Alladi Krishnaswamy Iyer (Ex- Advocate General, Madras State), N Gopalaswami Ayengar (Ex-Prime Minister, J&K and later member of Nehru Cabinet), B L Mitter (Ex-Advocate General, India), Md. Saadullah (Ex- Chief Minister of Assam, Muslim League member) and D P Khaitan (Scion of Khaitan Business family and a renowned lawyer). The constitutional advisor was Sir Benegal Narsing Rau (who became First Indian Judge in International Court of Justice, 1950–54). Later B L Mitter resigned and was replaced by Madhav Rao (Legal Advisor of Maharaja of Vadodara). Owing to death of D P Khaitan, T T Krishnamachari was chosen to be included in the drafting committee. A Draft Constitution was prepared by the committee and submitted to the Assembly on 4 November 1947. Draft constitution was debated and over 2000 amendments were moved over a period of two years. Finally on 26 Nov. 1949, the process was completed and Constituent assembly adopted the constitution. 284 members signed the document and the process of constitution making was complete.^[21]

The Assembly met in sessions open to the public, for 166 days, spread over a period of 2 years, 11 months and 18 days before adopting the Constitution, the 308 members of the Assembly signed two copies of the document (one each in Hindi and English) on 24 January 1950. The original Constitution of India is hand-written with beautiful calligraphy, each page beautified and decorated by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal Bose. Two days later, on 26 January 1950, the Constitution of India became the law of all the States and territories of India. Rs.1,00,00,000 was official estimate of expenditure on constituent assembly. The Constitution has undergone many amendments since its enactment.^[22]