Omar Bennett
The Indian Constitution, the supreme law of India, is the world's longest written national constitution. It was drafted by a committee led by Dr B.R. Ambedkar, and came into effect on 26 January 1950, repealing the Indian Independence Act 1947 and the Government of India Act 1935. The constitution establishes India as a sovereign, socialist, secular, democratic republic, and outlines the framework for political principles, procedures, and powers of the government.
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What You'll Learn
The Constituent Assembly
The Assembly's first meeting was held on the 9th of December 1946, with its second meeting, chaired by Dr Rajendra Prasad, taking place two days later on the 11th of December. Notable participants included Jawaharlal Nehru, Sardar Vallabhai Patel, Dr B.R. Ambedkar, and Sarojini Naidu. Dr Ambedkar, as chairman of the Drafting Committee, is often referred to as the "father of the Indian Constitution."
The initial draft of the constitution was prepared by Sir B.N. Rau, the Assembly's constitutional advisor. This draft, presented in February 1948, consisted of 243 articles and 13 schedules. After discussions, debates, and amendments, the draft evolved into 395 articles and 8 schedules. The seven-member drafting committee, appointed in August 1947 with Dr B.R. Ambedkar as its chair, played a crucial role in this process. They prepared a revised draft, which was submitted to the Assembly on the 4th of November 1947.
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The role of Dr BR Ambedkar
Bhimrao Ramji Ambedkar, also known as B. R. Ambedkar, played a pivotal role in the creation of the Indian Constitution. He was an Indian jurist, economist, social reformer, and political leader who chaired the committee that drafted the Constitution of India.
Ambedkar's role in the independence struggle was complex. Unlike the dominant political discourse, which focused on persuading the British to leave India, Ambedkar's interventions and advocacy centred on the protection and advancement of Dalit rights. He often clashed with the Indian National Congress but worked towards putting in place political safeguards for untouchables. By the early 1930s, he had become the preeminent leader of the Dalit community, arguing fervently for separate electorates for the 'backward classes', believing this was necessary to transform them into a solid political interest group.
Ambedkar founded the 'Bahishkrit Hitakarani Sabha' in 1924 for the social upliftment of the 'depressed classes', with the motto: "Educate, Agitate, Organise". In 1927, he led a historic protest in Mahad, where a large group of Dalits drank water from a public tank, breaking repressive social and physical norms that had existed for centuries. He also organised a public burning of the Manusmriti, a classic Hindu text that ideologically justified caste discrimination.
Ambedkar was appointed to the Bombay Presidency Committee in 1925 to work with the all-European Simon Commission, which sparked protests across India. Ambedkar wrote a separate set of recommendations for the future Constitution of India, which included active movements against untouchability and the struggle for the right to enter Hindu temples.
Ambedkar's stature and widespread support, both locally and internationally, helped him secure the position of leading the drafting committee. He was recommended for the role by Eamon De Valera, the Irish statesman who supported the Indian freedom movement. On 4 November 1948, Ambedkar introduced the Draft Constitution to the Assembly, invoking 'constitutional morality' in defence of the inclusion of administrative provisions. The revised draft constitution, submitted by Ambedkar, made around 20 major changes, including the insertion of the word "fraternity" in the original preamble.
On 25 November 1949, a day before the Constitution was adopted, Ambedkar argued that India must strive to be a social democracy and not merely a political democracy. In his final reading of India's constitution, he delivered a prescient speech, alluding to the contradictions between a young republic and an old civilisation. He said, "On the 26th of January 1950, we are going to enter into a life of contradictions. In politics, we will have equality, and in social and economic life, we will have inequality."
Ambedkar is often referred to as the father of the Indian Constitution and is considered the principal architect of the document. His interventions and speeches in the Assembly, as well as the offices he held, made him a key figure in India's constitution-making process.
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The constitution's length and complexity
The Indian Constitution is the world's longest written national constitution for a sovereign nation. It is also the world's most frequently amended national governing document, having been amended more than 100 times since its enactment. The constitution is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies.
The document 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. It is the supreme legal document of India, and espouses constitutional supremacy.
The Constituent Assembly, which came into existence on 11 December 1946, had 145 meetings and framed a draft constitution. The first draft of the constitution was prepared by a seven-member drafting committee, appointed on 29 August 1947, with B.R. Ambedkar as chair. The committee referred to previous legislation, including the Government of India Acts of 1919 and 1935, the Indian Independence Act of 1947, the British Parliamentary system, the American Bill of Rights, and the Social Directive Policies of Ireland.
The original constitution, which was handwritten, consisted of 395 articles in 22 parts and 8 schedules. As of 2023, after many amendments, it has 470 articles, 12 schedules, and 25 parts with 5 appendices and 98 amendments.
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The constitution's adoption
The Indian Constitution, the world's longest written national constitution, was adopted by the Constituent Assembly on 26 November 1949 and became the supreme law of India on 26 January 1950. This was after the Constituent Assembly, which came into existence on 11 December 1946, held 11 sessions in 165 days. The Assembly's final session was convened on 24 January 1950, with each member signing 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. It was published in Dehradun and photolithographed by the Survey of India.
The Constituent Assembly, which had 145 meetings, framed a draft constitution. During these discussions, the various laws proposed by the British Government in 1909, 1919, and 1935, the British Parliamentary system, the American Bill of Rights, and the Social Directive Policies of Ireland were studied and some parts were incorporated into the Constitution. The first draft of the constitution was submitted to the Assembly on 4 November 1947 by the seven-member drafting committee, which was appointed on 29 August 1947 with B. R. Ambedkar as chair. The committee referred to the Government of India Act, 1935.
The Constitution of India is the supreme legal document of India, laying down the framework that demarcates the fundamental political code, structure, procedures, powers, and duties of government institutions. It also sets out fundamental rights, directive principles, and the duties of citizens. It espouses constitutional supremacy, as it was created by a constituent assembly rather than Parliament. The Constitution provides for a parliamentary form of government, which is federal in structure with certain unitary features. The constitutional head of the Executive of the Union is the President, who exercises his/her functions in accordance with the advice of the Prime Minister.
The Constitution also establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government. It grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislations or government actions that violate the Constitution. It also contains provisions for a single integrated system of courts to administer both Union and State laws.
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The constitution's influence on the judiciary
The Indian Constitution is the supreme legal document and the framework for political principles, procedures, and powers of the government in India. It is the world's longest written national constitution and has had a significant influence on the country's judiciary.
The Constitution establishes India as a "Sovereign Socialist Secular Democratic Republic" with a parliamentary system of government. It provides for a federal system of governance between the Union and the States, recognising the Union and State Acts in their respective spheres. One of its unique features is that it provides for a single integrated system of courts to administer both Union and State laws. This means that the same laws apply across the country, regardless of whether they are Union or State laws.
The Constitution grants all citizens Fundamental Rights and ensures the independence of the judiciary. It empowers the judiciary, led by the Supreme Court of India, to invalidate any legislation or government action that violates the Constitution. The Supreme Court is the highest judicial authority in India, followed by the High Courts in each State or group of States. The District Courts fall under the administration of the High Courts, and some States also have Village or Panchayat Courts to handle local civil and criminal disputes.
The process of appointing and removing judges is outlined in the Constitution. For instance, to be appointed as a Judge of the Supreme Court, a person must be an Indian citizen and have served as a Judge or Advocate in a High Court for a specified number of years. The Constitution also specifies that a Supreme Court Judge cannot be removed from office except by an order of the President, passed after an address in each House of Parliament, and supported by a two-thirds majority. This provision ensures the independence of the judiciary and protects judges from arbitrary removal.
The Indian Constitution has been amended numerous times since its enactment, making it the world's most frequently amended national governing document. These amendments address various issues and reflect the country's commitment to the rule of law. The Constitution's influence on the judiciary extends beyond the text of the document, as its interpretation and implementation by the courts have shaped the country's legal landscape.
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Frequently asked questions
The Indian Constitution was written by the Constituent Assembly, with Dr B.R. Ambedkar as the chairman of the drafting committee. Sir B.N. Rau was the assembly's constitutional advisor and prepared its initial draft in February 1948.
The Constituent Assembly came into existence on 11 December 1946 and had 145 meetings to frame a draft constitution. The Indian Constitution was approved on 26 November 1949 and came into effect on 26 January 1950.
The Indian Constitution was based on a number of sources. The framers borrowed features of previous legislation such as the Government of India Acts of 1919 and 1935, the Indian Councils Acts of 1861, 1892 and 1909, the Indian Independence Act of 1947, the British Parliamentary system, the American Bill of Rights, and the Social Directive Policies of Ireland.
