Crafting India's Constitution: A Guide To Nation Building

The Constitution of India is the supreme legal document of India and is the longest written national constitution in the world. The process of making the constitution was a long and complex one, taking place between 1946 and 1950, during a time of great political and social change in India. The constitution was drafted by the Constituent Assembly of India, which was formed in 1946 under the Cabinet Mission Plan and had 299 members. The Constituent Assembly was responsible for framing the constitution, which declares India a sovereign, socialist, secular, and democratic republic, and assures its citizens justice, equality, and liberty. The constitution was adopted on 26 November 1949 and came into effect on 26 January 1950, with the original document preserved in a nitrogen-filled case at the Parliament Library Building in New Delhi.

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The Constituent Assembly

After the first session of the Constituent Assembly, several committees were established to examine and report on various aspects of the Constitution. These included the Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas, the Union Powers Committee, the Union Constitution Committee, and the Provincial Constitution Committee. These committees submitted their reports to the Constituent Assembly between April and August 1947. Based on these reports and discussions in the Constituent Assembly, B.N. Rau, the Constitutional Adviser to the Constituent Assembly, prepared a Draft Constitution, which was completed by October 1947 and submitted to the Drafting Committee. The Drafting Committee began scrutinising the Draft Constitution on 27 October 1947, along with other notes, reports, and memoranda. After making changes, the committee submitted its final Draft Constitution to the President of the Constituent Assembly on 21 February 1948.

The role of the President

The President of India is the highest constitutional authority in the nation and plays a pivotal role in the democratic framework of the country. The President is the constitutional head of the Indian State and the ceremonial head of state, representing the unity and integrity of the nation. The President's role is mostly ceremonial, with the Prime Minister exercising executive power. However, the President does retain certain powers and functions and plays a significant role in Indian polity through their executive, legislative, and judicial powers.

The President's role in the Indian Constitution-making process was also significant. The President of the Constituent Assembly received the final Draft Constitution on 21 February 1948, after it had been scrutinised by the Drafting Committee. The President then published and circulated the Draft Constitution among the public, allowing for comments, critiques, and suggestions, which were scrutinised by a Special Committee. The President of the Constituent Assembly was also responsible for overseeing the Assembly's work in drafting the Constitution and adopting ordinary laws.

The President of India has the power to summon or prorogue Parliament, dissolve the Lok Sabha, and issue ordinances when Parliament is not in session. The President can also appoint key officials, including the Prime Minister, judges, Governors of states, and other top officials. The President is also responsible for upholding, protecting, and defending the Constitution, ensuring that laws are enacted and enforced according to constitutional provisions. The President's assent is required for bills to become laws, and they have the power to veto a bill or withhold their assent. The President also has financial powers, including introducing money bills in Parliament and making the Annual Financial Statement.

In addition, the President can impose President's Rule in states, taking over state administration when required, and administer Union Territories through appointed officials. The President is also the Commander-in-Chief of the Indian Armed Forces and can make regulations for certain territories, such as the Andaman and Nicobar Islands, Lakshadweep, and Dadra and Nagar Haveli. The President's role also includes ensuring the smooth functioning and coordination of the three wings of the Union government. The President is elected for a five-year term and can be re-elected with no cap on re-election.

The rights of citizens

The Constitution of India is the supreme legal document of India and is the longest written national constitution in the world. It was adopted by the Constituent Assembly of India on 26 November 1949 and came into effect on 26 January 1950, replacing the Government of India Act 1935 as the country's fundamental governing document.

The constitution declares India a sovereign, socialist, secular, and democratic republic, assuring its citizens justice, equality, and liberty and endeavouring to promote fraternity. It lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens.

The process of drafting the constitution was a long and complex one, taking place during a time of great political and social change in India. The Constituent Assembly was responsible for framing the constitution, functioning from December 1946 to November 1949. There were eight major committees and 15 minor committees within the assembly, each addressing different subjects. The committees submitted their reports to the Constituent Assembly between April and August 1947.

Based on these reports and discussions in the Constituent Assembly, B.N. Rau, the Constitutional Adviser to the Constituent Assembly, prepared a Draft Constitution, which was completed by October 1947 and submitted to the Drafting Committee. The Drafting Committee scrutinised the draft and, after making changes, submitted its final version to the President of the Constituent Assembly on 21 February 1948. The draft was then published and circulated among the public, and a Special Committee was formed to scrutinise the comments, critiques, and suggestions received.

Articles 12-35 of the Indian Constitution deal with the Fundamental Rights of citizens. These rights are conferred upon the citizens of India and are inviolable, guaranteeing civil liberties so that all Indians can lead their lives in peace and harmony. These rights are known as "fundamental" as they are the most essential for all-round development—material, intellectual, moral, and spiritual—and are protected by the fundamental law of the land, i.e., the constitution.

The six main Fundamental Rights are:

• Right to Equality, including equality before the law, prohibition of discrimination on the grounds of religion, race, caste, sex, or place of birth, and equality of opportunity in matters of employment.
• Right to Freedom, including freedom of speech and expression, assembly, association or union, movement, residence, and the right to practice any profession or occupation (subject to certain restrictions, such as state security and public morality).
• Right against Exploitation, prohibiting all forms of forced labour, child labour, and human trafficking.
• Right to Freedom of Religion, including the freedom of conscience, profession, practice, and propagation of religion. The state has no official religion, and every person has the right to freely practice their faith and establish and maintain religious and charitable institutions.
• Cultural and Educational Rights, protecting the rights of religious, cultural, and linguistic minorities by facilitating the preservation of their heritage and culture. Educational rights ensure that everyone has access to education without any discrimination.
• Right to Life and Personal Liberty, which is available to all people, including the right to life, right to dignity, and right to education.

These rights are universal and apply to all citizens of India, irrespective of their race, place of birth, religion, caste, or gender. They are enforceable by the courts, subject to certain restrictions, and violations of these rights result in punishments as prescribed in the Bharatiya Nyaya Sanhita, subject to the discretion of the judiciary.

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The structure of the constitution

The Constitution of India is the supreme legal document of India and is the fundamental law of the land. It is the longest written national constitution in the world and is a testament to the nation's democratic ideals and aspirations. The Constitution declares India a "Sovereign Socialist Secular Democratic Republic" with a parliamentary system of government. It establishes a federal structure with certain unitary features, outlining the framework for the country's legal, administrative, and governmental systems.

The Constitution is structured into various "Parts," each dealing with specific aspects of the country's governance. Originally, there were 22 parts, but now there are 25. Each part contains several "Articles," which are specific provisions or clauses detailing various aspects of the legal and governmental framework. The number of articles has also changed over time, from 395 to 398. These articles are grouped together by subject or theme, ensuring a coherent and organised structure.

The Constitution establishes an integrated and independent judicial system, with the Supreme Court at the apex, followed by High Courts and Subordinate Courts. It grants all citizens Fundamental Rights and empowers the judiciary to invalidate any legislation or government action that violates its principles. The Constitution also outlines the organisation, powers, and limits of government institutions, including the legislative, executive, and judicial branches. It provides for a parliamentary form of government, with the President as the constitutional head of the Executive of the Union.

The Constitution-making process in India involved various committees and assemblies. Sir B. N. Rau, the assembly's constitutional advisor, prepared the initial draft, which was then debated and amended by a seven-member drafting committee chaired by B. R. Ambedkar. The Constituent Assembly of India adopted the Constitution on November 26, 1949, and it came into effect on January 26, 1950, replacing the Government of India Act 1935. The Constitution is subject to amendments, with Parliament having the power to make changes, but the basic structure and principles remain intact, ensuring the protection of citizens' rights and the country's democratic ideals.

The historical context

India's first contact with the West occurred in the early 18th century when it was annexed by the British East India Company. The British Parliament began regulating the affairs of the East India Company, marking the first step in the long journey towards Indian independence and constitution-making. The Governor of Bengal, Warren Hastings, became the Governor-General, and an Executive Council with four members was established. The Supreme Court was also set up at Fort William (Calcutta) in 1774 as the Apex Court, prohibiting company officials from engaging in private trade and accepting gifts from Indians.

In 1857, a revolt led to the end of the rule of the East India Company, and British possessions in India came under the direct control of the British Crown. The Indian administration was placed under the authority of the Secretary of State for India, who was assisted by a 15-member Council of India. The Indian Civil Service was opened for recruitment, and Indians were given representation in the Viceroy's Councils, including the Legislative and Executive Councils.

The Government of India Acts of 1919 and 1935 were key statutes enacted by the British Parliament before independence. These acts were passed as a measure of gratitude for India's role in World War I and aimed to expand native participation in the government. They established a dual form of government with limited powers for the major provinces and transformed the imperial legislative council into a bicameral legislature for all of India.

In 1928, the All Parties Conference convened a committee to prepare the Constitution of India, known as the Nehru Report. However, it was not until 1946 that the British decided to consider granting independence to India. A British cabinet mission was dispatched to India to discuss the framework for writing a constitution and to set up a constituent body and an executive council. The Constituent Assembly, comprising 278 representatives and 15 women, met for the first time in December 1946 and completed the draft constitution by November 1949. The Constituent Assembly played a pivotal role in the constitution-making process, with B.R. Ambedkar, the founder of the All India Scheduled Castes Federation, presenting the Draft Constitution and delivering a landmark speech. The Constitution of India was adopted in 1950 and went into effect in January of that year, marking a significant milestone in the country's history.

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