India's Constitution: A Historical Journey To Democracy

The Constitution of India is the supreme legal document of India and the world's longest written national constitution. 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 date is celebrated as Republic Day in India, marking the country's transition to an independent republic.

Explore related products

Indian Constitution

$54.99

A People's Constitution: The Everyday Life of Law in the Indian Republic (Histories of Economic Life)

$34.98 $37

On the Drafting of Tribal Constitutions (Volume 1) (American Indian Law and Policy Series)

$21.95

The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution

$22.1 $30

Broken Landscape: Indians, Indian Tribes, and the Constitution

$17 $31.49

A History of the Constitution of Bangladesh: The Founding, Development, and Way Ahead (Comparative Constitutional Change)

$52.24 $54.99

The Constituent Assembly of India

The constitution was drafted by 299 delegates from different castes, regions, religions, and genders. The women members of the Constituent Assembly "formed a distinct group in that august body, spoke in a distinct feminist parlance, and shared a constitutional vision of justice to such an extent that they can collectively be called the ‘mothers’ of the Indian Constitution." Female members included Begum Aizaz Rasul, Begum Jahanara Shahnawaz, Ammu Swaminathan, Dakshayani Velayaudhan, Hansa Mehta, Rajkumari Amrit Kaur, and Leela Roy. By 1948, the assembly had 17 female members.

The Constitution's fundamental principles

The Constitution of India is the country's supreme legal document and the world's longest written national constitution. It outlines the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out the rights, directive principles, and duties of citizens. The Constituent Assembly of India, consisting of 299 indirectly elected representatives from different castes, regions, religions, and genders, drafted the Constitution. It was adopted by the Constituent Assembly on November 26, 1949, and came into force on January 26, 1950, replacing the Government of India Act 1935 as the country's fundamental governing document. India celebrates its adoption of the Constitution as Republic Day annually on January 26.

The Constitution declares India a sovereign, socialist, secular, and democratic republic, assuring its citizens justice, equality, and liberty, and promoting fraternity. It establishes a parliamentary system of government with a federal structure and certain unitary features. The President is the constitutional head of the Executive of the Union, and there is a Council of Ministers with the Prime Minister as its head to aid and advise the President.

The Fundamental Rights, Directive Principles of State Policy, and Fundamental Duties are vital elements of the Constitution. The Fundamental Rights are defined in Part III of the Constitution, from Article 12 to Article 35, and guarantee all citizens equality, freedom from discrimination based on religion, race, caste, sex, or place of birth, freedom of speech and expression, assembly, association, movement, and residence, and protection from exploitation, among other rights. These rights are enforceable by the courts, except in specific cases. The Directive Principles of State Policy, outlined in Part IV, serve as guidelines for law-making by the government and are not enforceable by the courts. They emphasize the values of liberty and social welfare, inspired by historical documents such as England's Bill of Rights and the United States Bill of Rights. The Fundamental Duties, outlined in Part IV-A, define the moral obligations of citizens to foster patriotism and unity in the country.

The Constitution's adoption and enforcement

The Constitution of India is the country's supreme legal document and the longest written national constitution in the world. 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 Constituent Assembly of India, consisting of 299 indirectly elected representatives, was established to draft a constitution for India. The Assembly was elected by the Provincial assemblies of British India following the Provincial Assembly elections held in 1946 and nominated by princely states. The Assembly's constitutional advisor, Sir B. N. Rau, prepared its initial draft in February 1948. Rau's draft was considered, debated, and amended by the seven-member drafting committee, which was appointed on 29 August 1947 with B. R. Ambedkar as chair. A revised draft constitution was prepared by the committee and submitted to the assembly on 4 November 1947. Before adopting the constitution, the assembly held eleven sessions in 165 days.

The Constitution of India was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950. The constitution replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. The constitution declares India a sovereign, socialist, secular, and democratic republic, assures its citizens justice, equality, and liberty, and endeavours to promote fraternity. The original 1950 constitution is preserved in a nitrogen-filled case at the Parliament Library Building in New Delhi.

The constitution is celebrated on 26 January as Republic Day. On 26 November 2023, the then Chief Minister of the Government of Manipur, Nongthombam Biren Singh, officially released the diglot edition of the Constitution of India, in the Meetei Mayek in Manipuri language and English, as part of the Constitution Day celebrations (National Law Day).

Explore related products

Constitution of the Iroquois Nations

$14.99

Exiled in the Land of the Free: Democracy, Indian Nations & the U.S. Constitution

$24.95

The Making and Breaking of the American Constitution: A Thousand-Year History

$16.17 $29.95

A Nutshell History of North Carolina

$15.99 $24.99

Native American Governments: From Tribal Councils to Constitutions (Native American Cultures)

$11.5

Texas: An American History

$4.16 $35

The Constitution's influence on the judiciary

The Indian Constitution, the supreme legal document of India, was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950. It replaced the Government of India Act 1935 as the country's fundamental governing document. The Constitution provides for a parliamentary form of government with a federal structure and certain unitary features. It establishes India as a sovereign, socialist, secular, and democratic republic, assuring its citizens justice, equality, and liberty.

The influence of the Indian Constitution on the judiciary is significant. The Constitution establishes the independence of the judiciary as part of its basic structure, ensuring that judges can exercise their functions without bias and free from external influence. It empowers the judiciary to interpret the law and act as a guardian of the Constitution, upholding its values and ensuring that any laws or government actions that violate its principles are invalidated. The judiciary is responsible for interpreting the law made by the legislature and executed by the executive branch, with the primary function of delivering justice.

The Constitution also sets out the qualifications and appointment process for judges of the Supreme Court and High Courts. It outlines the procedure for the removal of Supreme Court judges, which requires an order from the President passed after an address in each House of Parliament with the support of a two-thirds majority. The Supreme Court, as the highest authority, interprets the Constitution and its decisions are binding on all lower courts. The Constitution further grants the Supreme Court the power of Constitutional Review, enabling it to determine the validity of laws in relation to the Constitution through Judicial Review.

Additionally, the Indian Constitution provides a single integrated system of courts, with the Supreme Court at the apex, followed by High Courts and District Courts. The Seventh Schedule of the Constitution outlines the legislative powers of Parliament and State Legislatures, with the Union List, State List, and Concurrent List detailing the subjects on which each can make laws. This structure ensures a clear division of powers and responsibilities within the judiciary and the broader governance system.

The Constitution's impact on India's global standing

The Indian Constitution, the world's longest written constitution for a sovereign nation, has had a profound impact on India's global standing. It was adopted by the Constituent Assembly of India on 26 November 1949 and came into effect on 26 January 1950, marking India's transition from a dominion of the British Crown to a sovereign, democratic republic. This event was a significant milestone in India's history, solidifying its independence and setting the foundation for its future trajectory as a global power.

One of the most notable impacts of the Indian Constitution on the country's global standing is the establishment of a parliamentary form of democracy. The Constitution outlines a federal structure with certain unitary features, demarcating the fundamental political code, structure, procedures, powers, and duties of government institutions. This includes the establishment of the Parliament of the Union, consisting of the President and two Houses: the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). The Constitution also provides for a Council of Ministers, headed by the Prime Minister, to aid and advise the President in exercising their functions. This parliamentary system of government has been associated with India's economic growth and development, enhancing its global standing as an emerging economic powerhouse.

The Indian Constitution also sets out fundamental rights, directive principles, and the duties of citizens, guaranteeing justice, equality, liberty, and fraternity for all. These rights and principles are inspired by various world constitutions, including the First Amendment of the United States Constitution, which guarantees freedom of speech and expression, embodied in Article 19 of the Indian Constitution. The inclusion of these fundamental rights has elevated India's global standing as a nation committed to protecting the rights of its citizens and upholding democratic values.

Additionally, the Indian Constitution has played a significant role in shaping the country's foreign policy and international relations. The Constitution's emphasis on peace and non-violence, as espoused by Mahatma Gandhi, has influenced India's approach to international affairs. India has actively promoted peaceful coexistence, non-alignment, and dialogue in resolving international conflicts, which has enhanced its reputation as a responsible global power. The Constitution's influence can also be seen in India's contribution to United Nations peacekeeping missions and its role in regional organizations such as the South Asian Association for Regional Cooperation (SAARC).

Furthermore, the Indian Constitution's recognition of the diversity of the Indian nation has had an impact on the country's global image. The Constitution acknowledges the various castes, religions, and cultures present in India and strives to ensure their representation and protection. This recognition of diversity has contributed to India's reputation as a pluralistic and inclusive society, promoting cultural understanding and tolerance on a global scale.

In conclusion, the Indian Constitution has had a profound impact on the country's global standing. It has established a functional and effective system of government, guaranteed fundamental rights, and shaped India's foreign policy and international relations. The Constitution's influence extends beyond India's borders, as it continues to inspire and inform other nations in their pursuit of democracy, equality, and justice.

Frequently asked questions