Simone Lawson
The Indian Constitution, which came into existence on 26 November 1949, is the most detailed constitution in the world. It was drafted by the Constituent Assembly of India, which considered the historical perspective of Indian nationalist struggles, the country's geographical diversity, and its traditional characteristics, which are distinct from those of any other nation. The assembly also drew on the features of other countries' constitutions, including those of France, Britain, the United States, and Russia, as well as the Government of India Act 1935.
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What You'll Learn
The French Revolution's ideals
The ideals of the French Revolution, which began in 1787 and ended in 1799, inspired the makers of the Indian Constitution. The French Revolution was a period of significant social upheaval that sought to redefine the relationship between the rulers and the ruled and the nature of political power. It was influenced by the Enlightenment and the American Revolution, and it challenged political absolutism and spread democratic ideals. The revolution was marked by the triumph of 'the people' and the idea of popular sovereignty, with the king yielding to the idea of a new constitution and the sovereignty of the people.
The French Revolution ended arbitrary royal rule and introduced the idea of rule by law under a constitutional order. The ideals of the revolution were encapsulated in the revolutionary slogan "Liberty! Equality! Fraternity!", which translated to freedom from oppression, usually by the state, government, or tyrannical rulers. It also stood for the end of the oppressive feudal system and the emancipation of the individual. Fraternity, the most abstract of the revolutionary ideals, suggested that citizens were bound together in solidarity, combining nationalism with love and concern for one's fellow citizens.
The French Revolution had a significant impact on French nationalism and stimulated similar movements throughout Europe. It ended feudalism in France and paved the way for advances in individual freedoms and democratic ideals throughout Europe and the world. The revolution also influenced the way people viewed the monarchy, which was no longer seen as divinely ordained. The bourgeoisie, or the merchant class, had gained financial power but was excluded from political power, leading to resentment.
The ideals of the French Revolution inspired the Indian Constitution makers in their quest to establish a democratic and just society. The Indian Constitution incorporates fundamental rights, a parliamentary system, and a law-making procedure that draws on the best features of various constitutions, including those inspired by the French Revolution.
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The US Constitution's Rule of Law
The Indian Constitution was inspired by the constitutional features of several countries, including the United States. The US Constitution's Rule of Law is a key principle that has influenced many other nations, including India.
The US Constitution, completed over 200 years ago, is the nation's fundamental law, codifying the core values of its people. The rule of law requires that people can expect predictable results from the legal system. This predictability means that individuals acting in the same way can expect to be treated similarly by the law. This concept is integral to the freedom, justice, and equality promised in the nation's founding documents.
The rule of law in the US Constitution is maintained by the courts, which interpret the Constitution and the laws passed by Congress. The framers of the Constitution divided power among the legislative, executive, and judicial branches, ensuring a separation of powers. This framework prevents any one person or branch from holding absolute power and standing above the law.
The US Constitution's Sixth Amendment guarantees criminal defendants "the assistance of counsel". This right to legal counsel ensures fairness and equal standing before the law, even when facing the state with its considerable resources. The courts also play a role in upholding equality before the law, hearing cases where the rights of minorities may have been infringed upon by the majority.
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The Irish Constitution's Directive Principles of State Policies
The Indian Constitution was inspired by the constitutional features of several countries, including France, Britain, the United States, and Russia. The Indian constitution-makers visited different parts of the world and analysed their constitution before drafting their own. They adopted foreign ideas and picked up positive aspects from different constitutions.
One of the notable influences on the Indian Constitution is the Irish Constitution, specifically its Directive Principles of State Policies. The "Directive Principles" of the Irish Constitution have influenced other constitutions, including the Indian Constitution's famous "Indian Directive Principles of State Policy". The Indian Constitution of 1950 was influenced by the Directive Principles of the Irish Constitution, which served as a model for post-colonial constitutions in the post-war period.
The Directive Principles of Social Policy, or Article 45 of the Irish Constitution, are non-justiciable principles intended to guide the Oireachtas in making laws that promote socio-economic equality and welfare for all citizens. They were included in the constitution to defuse political controversy over economic, social, and cultural rights while still seeking to promote these rights. The drafters of the Irish Constitution used these principles to balance enforceable economic, social, and cultural rights with ordinary politics.
The Directive Principles of the Irish Constitution have been the subject of debate and controversy. In a landmark case in 2001, the courts disclaimed the ability to recognise new economic, social, and cultural rights in the Irish Constitution. This absence was due to the clear exclusion by the drafters of the application of these principles by the courts, separating them from the enforceable rights in other articles.
The Indian Constitution-makers may have been influenced by the Irish approach to Directive Principles as a way to balance enforceable rights and ordinary politics. However, with the Indian principles being judicially enforced, the focus on these measures as a constitutional compromise fell out of conversation.
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The Government of India Act, 1935
The Act was based on a report by a Joint Select Committee, led by Lord Linlithgow, which scrutinised a 'White Paper' of constitutional proposals prepared by the British government. The Act was written in a legal style and was organised around 11 'Parts' and 10 'Schedules', with each part divided into chapters.
The Act's key features included the creation of a 'Federation of India', consisting of a central executive and parliament, with provinces and princely states below. 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 generally viewed as an attempt to maintain British control over India rather than promote self-government. It was seen as a response to the growing challenge posed by nationalist leaders like Gandhi and Nehru. Indian political parties, such as the Indian National Congress, criticised it as a ''slave constitution' that perpetuated India's economic bondage. Despite this, the Act played a crucial role in the drafting of the 1950 Indian Constitution, with many administrative provisions borrowed from it.
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The Russian (Soviet) Constitution's Fundamental Rights
The Indian Constitution was inspired by the constitutional features of several countries, including Russia. The 1936 Constitution of the Soviet Union, also known as the Stalin Constitution, was the second constitution of the Soviet Union. It replaced the 1924 Constitution and was celebrated annually as Soviet Constitution Day on 5 December. This date marked the "second foundational moment" of the USSR, after the October Revolution in 1917.
The 1936 Constitution was notable for its expansion of rights and freedoms for the Soviet people. It established equality of rights for all citizens, regardless of nationality or race, in various aspects of life, including economic, state, cultural, social, and political spheres. It also guaranteed freedom of religion, including the separation of church and state, and freedom of anti-religious propaganda. Additionally, it ensured freedom of speech and freedom of assembly.
The 1936 Constitution also enumerated economic rights that were not typically included in constitutions of Western democracies, such as the right to housing and the right to work. It outlined democratic procedures and redesigned the government of the Soviet Union, replacing the Congress of Soviets with the Supreme Soviet.
The 1936 Constitution was the longest-surviving constitution of the Soviet Union, and it served as a model for many Eastern Bloc countries' constitutions. It was eventually replaced by the 1977 Constitution, also known as the Brezhnev Constitution, on 7 October 1977.
The Indian Constitution makers drew inspiration from various constitutions, adopting foreign ideas and incorporating them into their own. They visited different parts of the world and analyzed the constitutional setups of other countries, selecting the most striking aspects and modifying them to suit the Indian context.
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Frequently asked questions
The Indian Constitution was inspired by the constitutions of France, Britain, the United States, and Russia.
The Constituent Assembly of India drafted the constitution, taking features from other countries' constitutions and the Government of India Act 1935.
The Indian Constitution is the most detailed constitution in the world, with 448 articles, compared to 7 in the American Constitution and 128 in the Australian Constitution.
The Directive Principles of State Policies were borrowed from the Irish Constitution, and the Suspension of Fundamental Rights during an emergency was taken from the Soviet Constitution (Russia).
The Indian Constitution was also inspired by the historical perspective of Indian nationalist struggles, the geographical diversity of India, and its traditional characteristics.
