Constitution Of India: 1950'S Legacy And Impact

The Indian Constitution of 1950 is the supreme legal document of India and the longest written national constitution in the world. It came into effect on 26 January 1950, making India a sovereign, democratic republic. The constitution lays out the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It also repealed the Indian Independence Act 1947 and the Government of India Act 1935.

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Established India as a sovereign, democratic republic

The Indian Constitution of 1950 established India as a sovereign, democratic republic. This meant that India was no longer a dominion of the British Crown, and it became a republic with its own constitution. The constitution-making process was a significant step towards democratic legitimacy and pluralism in India.

The Constituent Assembly, with over 30 representatives of the scheduled classes, played a crucial role in drafting and enacting the constitution. The assembly, elected by the members of the provincial assemblies, took almost three years to complete the task, holding eleven sessions over a 165-day period. The constitution was signed on 24 January 1950, and it came into force on 26 January 1950, making it the law of India. This day is celebrated annually as Republic Day in India.

The Indian Constitution is the world's longest written national constitution for a sovereign nation. It contains approximately 145,000 words, 395 articles in 22 parts, and 8 schedules. The original constitution is hand-written, with each page decorated by artists from Shantiniketan and calligraphed by Prem Behari Narain Raizada. It has undergone more than 100 amendments since its enactment, reflecting the dynamic nature of India's constitutional evolution.

The constitution lays down the fundamental political code, structure, procedures, powers, and duties of government institutions. It also outlines the fundamental rights, directive principles, and duties of Indian citizens. It upholds constitutional supremacy, a significant departure from parliamentary supremacy found in the United Kingdom. The constitution provides for freedom of speech and expression, with amendments made over time to prevent abuse of this freedom.

The constitution-making process in India was a collaborative effort involving various communities and social groups. It was influenced by previous legislation, including the Government of India Acts and the Indian Independence Act, which contributed to the creation of Pakistan and the division of the Constituent Assembly into two separate states. The Indian Constitution's journey towards establishing India as a sovereign, democratic republic was a complex and transformative endeavour, shaping the country's political landscape for generations to come.

Repealed the Indian Independence Act 1947 and Government of India Act 1935

The Indian Constitution of 1950, which came into force on 26 January 1950, repealed the Indian Independence Act 1947 and the Government of India Act 1935, marking a significant step towards India's independence from British rule.

The Indian Independence Act 1947 was enacted by the Parliament of the United Kingdom and led to the partition of British India into two new independent dominions: India and Pakistan. This Act came into effect on 15 August 1947, and as a result, the modern-day nations of India, Pakistan, and Bangladesh were created. The Act also addressed the question of princely states, of which there were 562, and their treaty relations with Britain. While these states had the option to remain independent, their reliance on the British government for defence and foreign affairs made true freedom challenging.

The Government of India Act 1935, on the other hand, was passed by the British Parliament and received royal assent in August 1935. It was a lengthy act, containing 473 clauses and 16 schedules, and aimed to address Indian demands for greater autonomy. However, due to its lack of involvement in drafting the Act, India's response to it was lukewarm at best. The Act established the Reserve Bank of India, the Federal Public Service Commission, and Provincial Public Service Commissions, and allowed for the creation of a Joint Public Service Commission between states. It also separated Burma from British India, effective 1 April 1937.

By repealing these two Acts, the Indian Constitution of 1950 not only established India as a sovereign democratic republic but also provided a comprehensive framework for the country's political code, structure, procedures, powers, and duties of government institutions. It laid out the fundamental rights and duties of citizens, espousing constitutional supremacy rather than parliamentary supremacy. The Constitution was drafted by a Constituent Assembly, which was elected by the members of the provincial assemblies, and took almost three years to complete, with 11 sessions held over a 165-day period.

Set out the fundamental rights of citizens

The Constitution of India, which came into force on 26 January 1950, is the country's supreme legal document. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out the fundamental rights of citizens. 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 Fundamental Rights in India, enshrined in Part III (Article 12–35) of the Constitution, guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are conferred upon all citizens of India and the Constitution states that these rights are inviolable. They apply universally to all citizens, irrespective of their race, place of birth, religion, caste, or gender.

The six fundamental rights include:

• Right to Equality: This guarantees equal rights for everyone, irrespective of religion, gender, caste, race, or place of birth.
• Right to Freedom of Religion: This guarantees 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: These rights protect the rights of religious, cultural, and linguistic minorities, by allowing them to preserve their heritage and culture. Educational rights ensure that everyone has access to education without any discrimination.
• Right to Freedom of Speech and Expression: This right guarantees the freedom to express one's views and opinions without fear of censorship or retaliation.
• Right to Life and Personal Liberty: This includes the right to live with dignity and the freedom from arbitrary arrest and detention.
• Right to Constitutional Remedies: This right guarantees that citizens can seek legal redress if their fundamental rights are violated.

It is important to note that the Right to Property was initially included as a Fundamental Right but was later removed through the 44th Constitutional Amendment in 1978 as it was seen as a hindrance to achieving the goal of socialism and redistributing wealth equitably. In 2009, the Right to Education Act was added as a Fundamental Right.

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Ensured freedom of speech in Parliament

The Indian Constitution of 1950 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.

The Constitution of India, 1950, includes the "Right to freedom of speech and expression" with restrictions similar to those mentioned in the Draft Constitution of 1948. This right is guaranteed under Article 19, which also includes the freedom of the press as part of freedom of speech and expression. Article 19(1)(a) of the Constitution states:

> "Everyone has the right to freedom of opinion and expression, this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."

The right to freedom of speech in the Indian Constitution of 1950 is not absolute and is subject to reasonable restrictions provided under Article 19(2). These restrictions are in the interests of the sovereignty and integrity of India, security of the State, friendly relations with foreign nations, public order, decency or morality, contempt of court, defamation, incitement to an offense, or the sovereignty and integrity of Parliament. For example, the Constitution (First Amendment) Act of 1951 added a provision that allowed the State to impose reasonable restrictions on the freedom of speech and expression if it tended to jeopardise India's friendly relations with other States.

The Indian Constitution of 1950 also ensured freedom of speech in Parliament. It states that, "subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament". It further provides that no member of Parliament shall be liable to any proceedings in any court regarding anything said or any vote given by them in Parliament or any committee thereof. This provision ensures that members of Parliament can speak freely without fear of legal repercussions.

The Constitution of India, 1950, thus laid the foundation for a democratic republic with guaranteed fundamental rights, including the right to freedom of speech and expression, and ensured freedom of speech in Parliament to facilitate a functioning democracy.

Defined Indian citizenship

The Indian Constitution of 1950 is the supreme legal document of India, laying down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions. It also sets out the fundamental rights, directive principles, and duties of citizens. The Constitution came into force on 26 January 1950, and with it, a definition of Indian citizenship.

The Constitution of India provides for a single citizenship for the whole of India. It defines citizens as every person who was domiciled in the territory of India at the commencement of the Constitution (26 January 1950) and meets at least one of the following criteria:

• Born in India
• Either of whose parents was born in India
• Ordinarily resident in India for not less than five years before the commencement of the Constitution

The Constitution also conferred citizenship on those who had migrated from the area that became part of Pakistan. They could be registered as Indian citizens if they, or their parents or grandparents, were born in any part of pre-partition India as defined by the Government of India Act 1935. They also had to have become domiciled in Indian territory before 19 July 1948 or registered as a citizen of India by Dominion officials after that date but before the commencement of the Constitution.

The Citizenship Act, enacted in 1955, deals with matters relating to the acquisition, determination, and termination of Indian citizenship after the commencement of the Constitution. It provides a full framework detailing the requirements for citizenship.

The concept of citizenship defines the relationship of an individual with their sovereign state, and it includes two categories: citizens and aliens. The Indian Constitution, therefore, defines the rights and duties of citizens and outlines the process for acquiring citizenship. It is worth noting that successive governments since the 1980s have gradually increased the difficulty of acquiring Indian citizenship due to changing immigration patterns from neighbouring countries.

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