The Evolution Of India's Constitution: Age And Amendments

The Constitution of India, the supreme law of the country, was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950. It is the longest written national constitution in the world and lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions, as well as the fundamental rights, directive principles, and duties of citizens.

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THE CONSTITUTION OF INDIA

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The Constituent Assembly

The first meeting of the Constituent Assembly was conducted on December 9, 1946, and it came into existence on December 11, 1946, under the chairmanship of Dr Rajendra Prasad. The Assembly had 145 meetings and framed a draft constitution. The Constitution of India was approved by the Constituent Assembly on November 26, 1949, and came into effect on January 26, 1950, replacing the Government of India Act 1935 as the country's fundamental governing document. This day, January 26, is celebrated as Republic Day in India, marking the country's transition to a sovereign, democratic republic.

The Constitution's adoption

The Constitution of India is the supreme legal document of India and the longest written national constitution in the world. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out the fundamental rights, directive principles, and duties of citizens.

The Constitution of India was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The assembly's final session was convened on 24 January 1950. Each member signed two copies of the constitution, one in Hindi and the other in English. The original constitution is hand-written, with each page decorated by artists from Shantiniketan, including Beohar Rammanohar Sinha and Nandalal Bose. Its calligrapher was Prem Behari Narain Raizada. The constitution was published in Dehradun and photolithographed by the Survey of India. Production of the original constitution took nearly five years.

The Constituent Assembly, which came into existence on 11 December 1946, had 145 meetings and framed a draft constitution. The assembly, which originally had 389 members (reduced to 299 after the partition of India), took almost three years to draft the constitution, holding eleven sessions over a 165-day period. The constitution was drawn from a number of sources, including previous legislation such as the Government of India Acts of 1858, 1861, 1892, 1919, and 1935, and the Indian Independence Act of 1947.

The Constitution replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autochthony, its framers repealed prior acts of the British parliament in Article 395. The Constitution declares India a sovereign, socialist, secular, and democratic republic, assuring its citizens justice, equality, and liberty, and promoting fraternity.

The Constitution of India provides for a parliamentary form of government that is federal in structure with certain unitary features. The constitutional head of the Executive of the Union is the President. As per Article 79 of the Constitution, the council of the Parliament of the Union consists of the President and two Houses: the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).

India's independence

The Indian independence movement was marked by a constant evolution of ideologies. While it was fundamentally anti-colonial, it was also driven by a vision of independent economic development and a secular, democratic, and civil-libertarian political structure. The movement took on a strong socialist orientation in the 1930s, further shaping the country's future trajectory.

The first European to reach India via the Atlantic was Portuguese explorer Vasco da Gama in 1498. Over the following centuries, the British, Dutch, and Portuguese established trading outposts on the Indian subcontinent, with the British East India Company becoming a major player in Indian affairs. The company recruited its own army and began seizing control of India, region by region, through military force and political manoeuvring. The Battle of Plassey in 1757 marked a significant victory for the company, solidifying its presence in the region.

However, the Indian independence movement gained momentum in the early 20th century, with the formation of the Indian National Congress providing a platform for educated Indians to advocate for greater political involvement. Leaders like Bal Gangadhar Tilak, Lala Lajpat Rai, Bipin Chandra Pal, and Annie Besant influenced the shift towards more radical stances.

Gandhi, a lawyer who had advocated for civil rights in South Africa, returned to India in 1915 and joined the Indian National Congress. He became a prominent leader, championing nonviolent resistance and organising large-scale protests, including the Non-Cooperation Movement in 1919 and the Salt Satyagraha in 1930. Gandhi's methods inspired future civil rights leaders worldwide, such as Martin Luther King Jr. and Nelson Mandela.

After World War II, Britain's depleted resources and internal violence between Hindus and Muslims further weakened their hold on India. The Indian Independence Act of 1947 marked the end of Crown rule and the partition of British India into the Dominion of India and the Dominion of Pakistan. On 15 August 1947, India achieved independence, and Pakistan followed suit, celebrating its independence on 14 August.

The Constitution of India, the supreme legal document and the longest written national constitution in the world, came into effect on 26 January 1950, establishing India as a sovereign, socialist, secular, and democratic republic. This day is celebrated annually as Republic Day. The constitution outlines the fundamental political code, structure, procedures, powers, and duties of government institutions, as well as the fundamental rights and duties of citizens.

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The Constitution's structure

The Constitution of India is the supreme legal document of India and the longest written national constitution in the world. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out the fundamental rights, directive principles, and duties of citizens. It is federal in nature and unitary in spirit.

The Constitution of India is divided into various Parts, each dealing with a specific aspect of the country's legal, administrative, or governmental framework. Originally, there were 22 parts, but now there are 25. A "Part" refers to a division within the Constitution that groups together Articles on similar subjects or themes. Each part of the constitution contains several articles numbered sequentially. Originally, there were 395 articles, but as of 2023, there are 470. An "Article" refers to a specific provision or clause within the Constitution that details various aspects of the country's legal and governmental framework.

The Constitution of India is also divided into Schedules. Originally, there were 8 Schedules, but now there are 12. A "Schedule" refers to a list of information or provisions that are attached to the Constitution and are considered to be a part of it. The Schedules typically contain information that is too detailed or technical to be included in the main body of the Constitution.

The Constitution of India has been amended several times since it was first enacted. Amendments are changes or additions to the Constitution that are made through a specific legal process. The process for amending the Constitution of India is outlined in Article 368, which states that any amendment must be passed by a majority of both Houses of Parliament and then signed by the President. The first 10 amendments to the Constitution of India were made in 1951, and since then, there have been over 98 amendments.

The Constitution of India also includes several appendices, which are documents or sections that are attached to the end of the Constitution. The appendices may contain additional information, explanations, or provisions that are related to the Constitution but are not necessarily a part of the main body of the document.

Amendments

The Indian Constitution is the most amended national constitution in the world. As of February 2025, there have been 106 amendments since it was first enacted in 1950, with the latest being the 105th Amendment Act of 2021. This frequency of amendments is due to the Constitution spelling out governmental powers in such detail that many matters addressed by statute in other democracies must be addressed via constitutional amendment in India. As a result, the Indian Constitution is amended roughly twice a year.

The procedure for amending the Constitution is laid down in Part XX (Article 368) of the Constitution of India. There are three types of amendments, of which the second and third types are governed by Article 368. The first type of amendment must be passed by a simple majority in each house of the Parliament of India. The second type of amendment must be passed by a prescribed "special majority" in each house of Parliament. The third type of amendment must be passed by a "special majority" in each house of Parliament and ratified by at least one-half of the State Legislatures.

The Constitution of India does not contain a provision to limit the powers of Parliament to amend the Constitution. However, the Supreme Court in Kesavananda Bharati v. State of Kerala held that there were certain features of the Indian Constitution so integral to its functioning and existence that they could never be removed. This is known as the 'Basic Structure' Doctrine.

The framers of the Constitution adopted a combination of the "theory of fundamental law", which underlies the written Constitution of the United States, with the "theory of parliamentary sovereignty" as existing in the United Kingdom. They were mindful of India's needs and conditions and borrowed features of previous legislation, such as the Government of India Acts of 1858, 1861, 1892, 1919, and 1935, and the Indian Independence Act of 1947.

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