Constitution of India- Basics

Table of Contents

• Introduction
• History of Indian Constitution
• Borrowed Features
• Preamble
• Cases on Preamble

Introduction

The word constitution is derived from Latin word “constitutio” which means rules, regulations or any form of enactment. In general sense, constitution can be defined as the document which lays down the basic principles of a country. All countries have their constitution, some countries have it in the written form while some have it in the oral form.

India is the country which have its constitution in the written form. The constitution of India is the lengthiest written constitution in the World. Originally it consists of 395 articles and 8 schedules. It took 2 year 11 months and 18 days to create the constitution of India.

History of Indian Constitution

After India got its independence, there was a need for making constitution for India. So in order to do this a constituent assembly was made. In India, the first idea of making constituent assembly was given by M.N. Roy in the year 1934. This idea did not become successful due to the British rule at that time. After that the first constituent assembly of India was made in the year of 1946.

The total members of the constituent assembly were 389 which includes 292 members from the provinces, 93 from the princely states and 4 from chief commissioner provinces. Dr. Rajendra Prasad was appointed as the president of the assembly. A drafting committee was appointed on 29 August 1947, headed by Dr. B.R. Ambedkar. It had 7 members: Dr B.R. Ambedkar, K.M. Munshi, Muhammed Saadulah, Alladi Krishnaswamy Iyer, Gopal Swami Ayyangar, N. Madhav Rao and T.T. Krishnamachari.

The draft constitution was published in 1948. After public discussion, it was considered for 114 days and adopted on 26 November 1949. Some provisions came into effect immediately and others on 26 January 1950. Total cost: 6.4 million rupees.

Borrowed Features

• British Constitution – Parliamentary government, Rule of law, Legislative procedure, Single citizenship, Cabinet system, Prerogative writs, Bicameralism.
• US Constitution – Fundamental rights, Judicial independence, Judicial review, Impeachment, Vice President’s post.
• Irish Constitution – Directive principles, Presidential election method.
• Canadian Constitution – Strong centre, Residuary powers, State governor appointment, Supreme Court advisory jurisdiction.
• Australian Constitution – Concurrent list, Freedom of trade, Joint session of Parliament.
• Weimar (Germany) – Emergency provisions.
• USSR – Fundamental duties, Justice ideals in preamble.
• France – Republic, Liberty, Equality, Fraternity.
• South Africa – Constitution amendment procedure.
• Japan – Procedure established by law.

Preamble

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Principles in the Preamble

• Socialist: The word socialist was added by 42nd Amendment, 1976.  This word in the preamble means to have the equal. It promotes equality and policies for social welfare.
• Sovereignty: The sovereign powers enshrined in the preamble means that the power of constitution is absolute, This term deals with both internal and external sovereignty. This principle reflects independence in governance.
• Secular: The term secular mentioned in preamble means that state has no official religion.

Case – St. Xavier’s College vs State of Gujarat (AIR 1974 SC 1389) – It was held that although secular word is not mentioned in constitution but such state was always being wanted by the constitution makers.

Case – S.R. Bommai vs Union of India [(1994) 2 SCR 444] – Secularism is the part of basic structure of the constitution.

• Democratic: The term democratic mentioned in preamble states that constitution gives power to the People. This aspect is shown by universal adult franchise and process of elections in India.
• Republic: This principle mentioned in the constitution states that head of state is elected and is not a monarch. This Concept was borrowed from France.

Objectives Enshrined

• Justice: Social (Art. 14-18), Economic (Art. 38, 39), Political (Universal franchise).
• Liberty: Thought, expression (Art. 19), belief and worship (Art. 25-28).
• Equality: Status (Art. 17-18), Opportunity (Art. 15-16).
• Fraternity: Dignity and integrity of the individual and the nation.

Cases on Preamble