Jonah Patel
The Indian Constitution, which came into existence on 26 November 1949, is a unique blend of historical, cultural, and political influences. It is the world's longest constitution for a sovereign nation, with 145,000 words and 395 articles. The Constituent Assembly of India drafted the constitution, drawing on the Government of India Act 1935, the US Constitution, the British Constitution, and other sources. The Indian Constitution has been amended 106 times and is the world's most frequently amended national governing document.
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What You'll Learn
The Government of India Act 1935
The Act was written in a legal style and was organised around 11 'Parts' and 10 'Schedules'. Each part was further divided into chapters. The Act created a 'Federation of India', consisting of a central executive and parliament, with provinces and princely states below them. It established the Reserve Bank of India (RBI) and the Federal Public Service Commission (FPSC). It also allowed for the creation of a Joint Public Service Commission (JPSC) between states and a Provincial Public Service Commission (PPSC) in each province.
The Act is considered a significant development in India's constitutional and political history. However, it was informed more by a need to protect British interests than by a desire to promote self-government in India. The Indian National Congress called it a 'slave constitution that attempted to strengthen and perpetuate the economic bondage of India'. Nevertheless, the Act played a crucial role in drafting the Constitution of India in 1950, with a significant portion of the administrative provisions borrowed from it.
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The US Constitution
The Indian Constitution, which came into existence on 26 November 1949, was drafted by the Constituent Assembly of India, taking into account the historical perspective of Indian nationalist struggles, the country's geographical diversity, and its traditional characteristics. The Constituent Assembly drew on the constitutions of other countries, including the US Constitution, as well as the Government of India Act 1935.
The chief points at issue during the convention included how much power to grant the central government, how many representatives in Congress to allow from each state, and how these representatives should be elected. On 17 September 1787, the delegates met for the last time to sign the document they had created.
The Indian Constitution borrowed several features from the US Constitution, including the federal structure, the principle of separation of powers, the presidential system, and judicial review. The US Constitution also influenced the impeachment procedure for the Indian President, as well as the removal procedure for Supreme Court and High Court judges.
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The British Constitution
The Indian Constitution has borrowed features from other nations' constitutions that suited Indian problems and aspirations. One of the sources of the Indian Constitution is the British Constitution.
The United Kingdom does not have a written constitution embodied in a single document. The foundational constitutional text for what is now the UK is the Magna Carta, issued by King John of England in 1215. The Magna Carta granted the right of Parliament to exist for "common counsel" before any tax, against the "divine right of kings" to rule. Since the Magna Carta, the UK's constitution has evolved organically over time in response to political, economic, and social changes. The present constitution encompasses landmark statutes, such as the Bill of Rights of 1689, as well as many conventions or unwritten rules of constitutional practice. The UK's constitution is a combination of various legal sources, including customs, conventions, judicial decisions, and statutes. It is a flexible and continuously evolving constitution.
Parliamentary sovereignty is often seen as a central element in the British constitution, although its extent is contested. It means that an Act of Parliament is the highest form of law, but also that "Parliament cannot bind itself". The Human Rights Act 1998 marked a significant change in the relationships between the individual and the state, and between the courts and the political branches of government. The Act allows courts to review government action to decide whether the government has followed the statutory obligation on all public authorities to comply with the European Convention on Human Rights.
The British system of governance influenced the Indian system of governance post-independence. India borrowed features such as the parliamentary system of governance, the President as a ceremonial head, the rule of law, the federal structure, the principle of separation of powers, the presidential system, and judicial review.
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The Indian Independence Movement
The Indian Constitution, which came into existence on 26 November 1949, is a unique document that reflects the collective will and values of its people. It establishes a democratic framework for a vibrant and inclusive India. The Constituent Assembly of India drafted the constitution, drawing inspiration from various sources, including the Indian Independence Movement, and the ideals of justice, liberty, equality, and fraternity.
One of the key influences of the Indian Independence Movement on the constitution was its emphasis on fundamental rights and liberties. The movement advocated for equality before the law, freedom of speech and expression, freedom of religion, and the protection of cultural and educational rights. These ideals are enshrined in the constitution, which guarantees all citizens these fundamental rights.
The movement also influenced the constitution's structure and governance model. The Indian Independence Movement sought to establish a democratic and federal system that would ensure the participation and representation of all people in the country. This led to the adoption of a parliamentary system of government, with a Prime Minister as the head of the executive, and a President as the ceremonial head of state.
Additionally, the Indian Independence Movement's emphasis on social justice and equality influenced the constitution's provisions for the protection of marginalised communities, such as the Scheduled Castes and Tribes. The constitution also incorporated principles of separation of powers and judicial independence, reflecting the movement's aspirations for a fair and impartial legal system.
In conclusion, the Indian Independence Movement played a pivotal role in shaping the Indian Constitution. The constitution reflects the aspirations and values that emerged during the struggle for independence, including a commitment to democracy, freedom, equality, and social justice. By incorporating these ideals, the Indian Constitution serves as a guiding document for a nation striving for inclusivity, diversity, and the realisation of the rights and aspirations of its people.
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Other countries' constitutions
The Indian Constitution, which came into force on 26 January 1950, is a unique document that was drafted by the Constituent Assembly over a period of three years. Despite its uniqueness, the Indian Constitution does borrow features from other nations' constitutions, including the Government of India Acts of 1935, the Indian Independence Act of 1947, and the Indian Councils Acts of 1861, 1892, and 1909.
The Constituent Assembly assessed many constitutions and selectively incorporated provisions that best applied to India's diversity. The preamble of the Indian Constitution, for example, is inspired by the US Constitution, while the Directive Principles of State Policy (Part IV, Articles 36-51) are adapted from the Irish Constitution. The idea of suspending fundamental rights during an emergency was borrowed from Germany, and the 'Basic Structure' doctrine, which limits the power of the parliament to amend the constitution, was influenced by the UK's parliamentary supremacy.
The Indian Constitution also draws from the Soviet Constitution (now Russia) and the Irish Constitution for the suspension of fundamental rights during emergencies and the Directive Principles of State Policies, respectively. Additionally, the concept of a federal system of governance and the separation of powers between the legislative, executive, and judicial organs of the government are incorporated, reflecting India's commitment to the rule of law.
The Constituent Assembly of India played a crucial role in drafting the constitution, and its members were elected by the provincial assemblies through a single transferable vote system of proportional representation. The assembly's first meeting took place in New Delhi on 9 December 1946, and the final session was convened on 24 January 1950. The constitution was then signed by the members of the Constituent Assembly on 26 November 1949, and it came into force on 26 January 1950, marking India's transition from a dominion to a sovereign democratic republic.
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Frequently asked questions
The Indian Constitution draws inspiration from various sources, including the Government of India Act 1935, the US Constitution, and the British Constitution.
The Indian Constitution is the world's longest written constitution for a sovereign nation. At its enactment, it had 395 articles in 22 parts and 8 schedules. It has since been amended 106 times, with the latest amendment added on 28 September 2023.
The philosophical sources of the Indian Constitution are the American and Irish Constitutions. Directive Principles of State Policies, for example, are borrowed from the Irish Constitution.
The structural source of the Indian Constitution is the Government of India Act of 1935, which provided a blueprint for governance.
The political source of the Indian Constitution is the British Constitution.
