The Constitution Of India: Its Introduction Explained

The Constitution of India is the supreme law of the Republic of India. It is the world's longest written national constitution for a sovereign nation. The Constitution of India is a set of rules and regulations that outline the framework for the country's political system, defining the powers and responsibilities of government institutions, fundamental rights, directive principles, and the duties of citizens. The Preamble, which is the introduction to the Constitution, was amended in 1976 through the 42nd Constitutional Amendment Act to add the words 'socialist', 'secular', and 'integrity' to reflect India's identity as a sovereign, socialist, secular, democratic, and republican state.

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The Preamble, or the 'Identity Card'

The Preamble to the Constitution of India is often referred to as its 'Identity Card'. It is the introduction or preface to the Constitution, summarising its essence. The Preamble is based on Pandit Nehru's Objective Resolution, which was adopted by the Constituent Assembly.

The Preamble sets out India's commitment to being a 'Sovereign, Socialist, Secular, Democratic Republic', with a parliamentary system of government. It also establishes the Constitution as the supreme legal authority, binding the legislative, executive, and judicial organs of government. The Constitution grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate any legislation or government actions that violate it.

The Constitution of India is the longest written national constitution in the world, with around 145,000 words. It is a detailed document that lays out the fundamental political code, structure, procedures, powers, and duties of government institutions, as well as the fundamental rights, directive principles, and duties of citizens. It reflects India's diverse legal heritage and democratic ideals, borrowing principles and provisions from various global sources, including the British, American, Irish, and Canadian constitutions.

The Preamble has been amended only once, in 1976, through the 42nd Constitutional Amendment Act, which added the words 'socialist', 'secular', and 'integrity' to it. This amendment also added the word 'socialist' to the description of India as a republic. The Preamble is not enforceable or justifiable in a court of law, meaning courts cannot order the government to implement the ideas within it. However, it is an important statement of intent and a reflection of India's historical struggles, philosophical ideals, and societal aspirations.

The Constituent Assembly

The introduction to the Constitution of India is known as the 'Preamble', and it was the Constituent Assembly that was responsible for its creation. This assembly was a democratically elected body of representatives, tasked with the important job of drafting and adopting the Constitution. The Assembly's formation and work are a significant part of India's road to independence and its democratic foundations.

One of the most prominent figures in the Constituent Assembly was Dr. B.R. Ambedkar, a respected political leader and lawyer. He was appointed the chairman of the Assembly's drafting committee and played a crucial role in shaping the Constitution. Ambedkar was a strong advocate for the rights of women, Dalits, and other marginalized communities, and his influence can be seen in the Constitution's emphasis on social justice and equality.

The work of the Constituent Assembly culminated in the adoption of the Constitution of India on the 26th of November, 1949. This date is now celebrated as Constitution Day in India. The Constitution came into effect on the 26th of January, 1950, marking the beginning of India's full independence and its establishment as a sovereign, democratic republic.

The 'Basic Structure' Doctrine

The introduction to the Constitution of India is known as the 'Basic Structure' Doctrine. This doctrine was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950, when India became a sovereign, democratic republic. The Basic Structure Doctrine is a common law legal doctrine that asserts that the constitution of a sovereign state has inherent characteristics that cannot be erased or amended by its legislature. It is recognised in India, Bangladesh, Malaysia, Pakistan, and Uganda.

The Basic Structure Doctrine was developed by the Supreme Court of India over a series of constitutional law cases in the 1960s and 1970s, which culminated in the landmark case of Kesavananda Bharati v. State of Kerala in 1973. In this case, the Supreme Court held that while the Parliament has the authority to amend the Constitution, it cannot alter or destroy its basic structure. This power of judicial review allows the Supreme Court to strike down any laws or amendments passed by Parliament that are deemed unconstitutional or in conflict with the basic structure of the Constitution. The Basic Structure Doctrine thus forms the basis of the Supreme Court's authority to review and invalidate constitutional amendments and acts that conflict with this "basic structure".

The specific "basic features" of the Constitution have not been explicitly defined by the Judiciary and are determined by the Court on a case-by-case basis. However, some key features commonly identified as part of the Basic Structure Doctrine include:

• The sovereignty of India
• The democratic character of the polity
• The unity of the country
• Essential features of individual freedoms, such as the liberty of thought, expression, belief, faith, and worship
• The mandate to build a welfare state
• Secularism, ensuring the state's impartiality in matters of religion
• The federal structure, balancing power between the centre and states
• The separation of powers among the legislative, executive, and judicial branches

The Basic Structure Doctrine has been affirmed and clarified in several subsequent cases, including Indira Gandhi v. Raj Narain (1975), Waman Rao v. Union of India (1980), and Minerva Mills v. Union of India (1980). These cases have solidified the doctrine's status as a constitutional principle and have paved the way for the restoration of Indian democracy.

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The 'Bag of Borrowing'

The Constitution of India is the supreme legal document of India and the longest written national constitution in the world. It is a set of rules and regulations that guide the country's administration and governance. The Indian Constitution is also known as the "Bag of Borrowing" due to its extensive adaptation of principles and provisions from various global sources. This reflects India's diverse legal heritage and democratic ideals.

The process of drafting the Indian Constitution began in 1947 with the appointment of a Drafting Committee chaired by Dr. B.R. Ambedkar, who is regarded as the "Father of the Indian Constitution". The committee took almost three years to draft the constitution, holding eleven sessions over a 165-day period. The final draft was introduced to the Constituent Assembly on 4th November 1948 and was passed on 26th November 1949, known as the "Date of Adoption".

The Indian Constitution replaced the Government of India Act 1935 as the country's fundamental governing document. It declares India as a sovereign, socialist, secular, and democratic republic, assuring its citizens justice, equality, and liberty, and promoting fraternity. The constitution also sets out fundamental rights, directive principles, and the duties of citizens. It establishes a parliamentary form of government with a federal structure and certain unitary features.

The "Bag of Borrowing" term reflects the Indian Constitution's borrowing of features from previous legislation and constitutions. For example, it borrowed from the Government of India Acts of 1858, 1919, and 1935, as well as the Indian Independence Act of 1947. Additionally, it drew from various global constitutions, including the British, American, Irish, and Canadian constitutions. This amalgamation of elements from multiple sources contributed to the length and complexity of the Indian Constitution.

The Indian Constitution has undergone numerous amendments since its enactment, with over 100 amendments made to date. It continues to evolve to meet the changing needs and aspirations of the nation and its citizens. The constitution is not just a legal document but a reflection of India's historical struggles, philosophical ideals, and societal aspirations, capturing the nation's collective journey toward democracy, justice, and equality.

The 'Date of Adoption'

The Constitution of India was adopted by the Constituent Assembly on 26 November 1949 and became effective on 26 January 1950. The day the Constitution was adopted is celebrated as National Law Day, or Constitution Day. The Constitution was signed by 284 members, each signing two copies of the document, 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.

The Constitution of India is the supreme legal document of India and the longest written national constitution in the world. 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 espouses constitutional supremacy, not parliamentary supremacy as found in the United Kingdom, as it was created by a constituent assembly rather than Parliament.

The Constitution of India replaced the Government of India Act 1935 as the country's fundamental governing document. The Dominion of India became the Republic of India, a sovereign, socialist, secular, and democratic republic. The Constitution declares that the citizens of India are assured justice, equality, and liberty, and it endeavours to promote fraternity.

The Constitution of India was drafted by the Constituent Assembly, which was elected by the elected members of the provincial assemblies. The 389-member assembly (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 original 1950 Constitution is preserved in a nitrogen-filled case at the Parliament Library Building in New Delhi.

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