UNIT – I Historical Background to the Framing of the Indian Constitution

The Indian Constitution is more than just a legal document; it represents the dreams and struggles of a vibrant nation. Created during a time of colonial oppression and a yearning for independence, the Constitution reflects the values that define modern India. By examining the historical context that led to the drafting of this monumental document, we can appreciate its significance and the democratic ideals that guide the nation today.

CONSTITUTIONAL LAW UNIT – I

• Historical Background to the Framing of the Indian Constitution:
• General Idea about the Constituent Assembly of India.
• Preamble – Nature & Significance
• Salient Features of the Constitution of India
• Citizenship under the Indian Constitution

Historical Background to the Constituent Assembly of India

To appreciate the Constitution's development, we need to understand the socio-political environment leading to its creation.

British colonial rule in India was marked by exploitation and disempowerment, fueling a surge of nationalist pride among the people. The Indian National Congress, established in 1885, became a pivotal force advocating for self-rule. Key milestones such as the Montagu-Chelmsford Reforms and the Government of India Act of 1919 laid the groundwork for greater political representation.

After World War II, Britain, weakened and pressed to leave India, recognized the escalating calls for independence. The Cripps Mission of 1942 and the Quit India Movement showcased Indian determination to end colonial rule. In this context, the Constituent Assembly was formed in 1946 to draft a Constitution for a free India.

Comprising 389 members from diverse provinces and princely states, the Assembly included notable figures like B.R. Ambedkar, who was integral to the Constitution's formulation. The Constituent Assembly aimed not just to create a legal document but also to establish a framework rooted in justice, liberty, equality, and fraternity. After extensive discussions and revisions, the Constitution was adopted on November 26, 1949, and came into effect on January 26, 1950.

General Idea about the Constituent Assembly of India

• The demand for a Constituent Assembly was first made by the Indian National Congress in 1934, formally accepted by the British government in the August Offer (1940).
• The Constituent Assembly was formed under the Cabinet Mission Plan of 1946.
• First met on December 9, 1946. Dr. Sachchidananda Sinha was the first temporary chairman; later, Dr. Rajendra Prasad was elected the permanent President.
• The Assembly had 389 members initially, reduced to 299 after the Partition.
• The Drafting Committee was chaired by Dr. B.R. Ambedkar, formed on 29th August 1947.
• The Constitution was adopted on 26th November 1949 and came into effect on 26th January 1950 (celebrated as Republic Day).

Preamble – Nature & Significance

The Preamble of the Indian Constitution acts as a guiding star for the nation's legal and moral landscape. It serves as a brief yet powerful statement that encapsulates the goals and philosophy behind the Constitution.

Nature of the Preamble

The Preamble is more than a ceremonial introduction; it is a profound commitment to the fundamental principles that underpin the Constitution. Beginning with "We, the people of India," it asserts that power resides with the people rather than a monarch or colonial power.

The Preamble articulates four main objectives:

1. Justice: Aiming for social, economic, and political fairness to create an equitable society.
2. Liberty: Affirming the individual's freedom of thought, expression, belief, and worship.
3. Equality: Promoting both legal equality and opportunity for all individuals.
4. Fraternity: Encouraging a spirit of unity and brotherhood among citizens, emphasizing human dignity.

Significance of the Preamble

The Preamble is crucial because it helps interpret the Constitution. Judges and lawmakers often reference it to ensure that laws align with the core values it represents. Furthermore, it evokes the collective aspirations of the people, making it the Constitution's essence. Many experts consider it the "soul" of the Constitution, as it reflects a vision for a democratic, inclusive society. Its presence reminds us that the Constitution is a living, adaptable document, rooted in timeless values.

• The Preamble is the introductory statement to the Constitution, reflecting its philosophy and objectives.
• Declares India to be a Sovereign, Socialist, Secular, Democratic Republic.
• Promotes Justice, Liberty, Equality, and Fraternity.
• Though not legally enforceable, it is considered the soul of the Constitution (as described by Thakur Dass Bhargava).
• In Kesavananda Bharati case (1973), the Supreme Court held that the Preamble is part of the Constitution and embodies the basic structure.

Formation of the Constituent Assembly:

• Established under the Cabinet Mission Plan (1946).
• Members elected by indirect election by Provincial Assemblies, based on communal representation.
• Originally had 389 members, including representatives from British India and Princely States.
• After Partition, membership was reduced to 299.
• Major committees:
• Drafting Committee – Dr. B.R. Ambedkar (Chairman)
• Union Powers Committee – Jawaharlal Nehru
• States Committee – Jawaharlal Nehru
• Fundamental Rights Committee – Vallabhbhai Patel
• The Assembly met for 2 years, 11 months, and 18 days, holding 11 sessions over 165 days of meetings.

Salient Features of the Constitution of India

The Constitution of India is praised as one of the most detailed legal frameworks globally. Here are some key features that distinguish it:

1. Length and Detail

With over 450 articles, the Indian Constitution is the longest written constitution in the world. It addresses diverse topics, including fundamental rights and the distribution of powers between the Union and States, ensuring comprehensive coverage of governance.

2. Federal Structure

The Constitution establishes a federal system distributing powers between the central and state governments. This arrangement encourages local governance and recognizes India's regional diversity. For instance, states like Tamil Nadu might prioritize certain cultural policies that reflect local needs.

3. Fundamental Rights

Part III of the Constitution guarantees essential Fundamental Rights, enabling citizens to protect their liberties. These rights include:

• The right to equality, ensuring no discrimination
• Freedom of speech, allowing open expression
• Protection against exploitation, safeguarding against forced labor

These rights are non-negotiable and enforceable by the judiciary.

4. Directive Principles of State Policy

Part IV outlines the Directive Principles, which serve as guiding norms for the government. Although not justiciable, they promote social and economic justice, such as the right to an adequate standard of living and the provision of free education.

5. Independent Judiciary

The Constitution ensures an independent judiciary, key to maintaining the rule of law. The Supreme Court primarily interprets the Constitution and protects Fundamental Rights, thus reinforcing democratic governance.

6. Secularism

Secularism is a foundational element, safeguarding the freedom of religion and promoting a separation between religion and the state. This principle allows individuals to practice their faith freely, contributing to the pluralistic nature of Indian society.

7. Amendment Process

The Constitution's amendment process is both flexible and robust, permitting revisions that reflect changing societal needs while protecting core principles. Depending on the nature of the amendment, different levels of approval are required, allowing for a balanced approach to change.

Together, these features create a constitutional framework that supports democracy, individual rights, and social justice, establishing the groundwork for an equitable society.

1. Lengthiest Constitution in the world.
2. Drawn from various sources (UK, US, Ireland, etc.).
3. Establishes a Sovereign, Socialist, Secular, Democratic Republic.
4. Federal system with a strong unitary bias.
5. Parliamentary form of government.
6. Fundamental Rights and Duties.
7. Directive Principles of State Policy (DPSPs).
8. Independent Judiciary with Judicial Review.
9. Single citizenship.
10. Universal Adult Franchise.
11. Secular State.
12. Integrated and Independent Judiciary.
13. Flexible and rigid – a unique blend in terms of amendment procedures.

Citizenship under the Indian Constitution

Citizenship is a vital aspect of the Constitution, defining the bond between individuals and the state. The provisions regarding citizenship are mainly found in Part II of the document.

1. Modes of Acquiring Citizenship

The Constitution outlines several pathways for obtaining Indian citizenship:

• By Birth: Any person born in India after January 26, 1950, and before July 1, 1987, automatically becomes a citizen.
• By Descent: Individuals born abroad to Indian parents can claim citizenship by descent under specific conditions.
• By Registration: Persons of Indian origin who are citizens of other countries may register for Indian citizenship under set regulations.
• By Naturalization: Foreign nationals can acquire citizenship through naturalization after meeting particular requirements.

2. Termination of Citizenship

Citizenship may be terminated under specific conditions, such as voluntary renunciation or acquiring citizenship of another country.

3. Rights of Citizens

Once citizenship is granted, individuals enjoy rights that protect them from discrimination based on religion, race, caste, sex, or place of birth. These rights ensure equality under the law for all citizens.

4. Fundamental Duties

Part IV-A of the Constitution highlights Fundamental Duties, emphasizing citizens' responsibilities to the nation and fellow citizens. This fosters accountability and encourages participation in shaping a better society.

The framework surrounding citizenship promotes inclusivity and social justice, ensuring that individual rights are protected while also cultivating civic responsibility.

• Part II (Articles 5 to 11) deals with citizenship.
• Article 5: Citizenship at the commencement of the Constitution.
• Article 6: Rights of citizenship of persons who migrated from Pakistan.
• Article 7: Rights of citizenship of certain migrants to Pakistan.
• Article 8: Citizenship of Indians residing abroad.
• Article 9: Persons voluntarily acquiring citizenship of another country are not citizens.
• Article 10: Continuance of rights of citizenship.
• Article 11: Parliament empowered to make laws regarding citizenship.

The Citizenship Act, 1955 governs acquisition, termination, and other aspects of citizenship.

Framing of the Indian Constitution & Constituent Assembly

Topic	Summary
Historical Background	Based on colonial governance acts (1773-1947); major ones include Government of India Acts (1919 & 1935). Demand for a Constituent Assembly began in 1934 (M.N. Roy).
Formation	Constituent Assembly formed in 1946 under the Cabinet Mission Plan.
Composition	Total members: 389 (later 299 after partition); included representatives from provinces and princely states.
First Meeting	9 December 1946; Dr. Sachchidananda Sinha was interim chairman; Dr. Rajendra Prasad elected permanent chairman.
Important Committees	Drafting Committee chaired by Dr. B.R. Ambedkar; other key committees: Union Powers, Fundamental Rights, States Committees etc.
Duration	Met for 2 years, 11 months, 18 days; 11 sessions and 165 days of meetings.
Adoption & Enactment	Constitution adopted: 26 November 1949; came into effect: 26 January 1950.

 Preamble: Nature & Significance

Aspect	Details
Text Begins With	"We, the people of India..."
Nature	Reflects the philosophy, aims and objectives of the Constitution.
Significance	Acts as an introduction and guiding light to the Constitution.
Key Words	Sovereign, Socialist, Secular, Democratic, Republic, Justice, Liberty, Equality, Fraternity.
Amendment	Amended once by the 42nd Amendment (1976) to include Socialist, Secular, and Integrity.
Not Enforceable	Not justiciable in court but aids in interpretation of statutes and Constitution.

Salient Features of the Indian Constitution

Feature	Description
Lengthiest Written Constitution	Contains 448 Articles in 25 Parts, 12 Schedules.
Blend of Rigidity & Flexibility	Some parts are rigid (like U.S.), others flexible (like U.K.).
Federal with Unitary Bias	Federal in structure but unitary in spirit during emergencies.
Parliamentary System	Based on Westminster model; real power lies with Council of Ministers headed by PM.
Secularism	State has no religion; ensures freedom of religion.
Fundamental Rights & Duties	Guaranteed rights under Part III; duties added by 42nd Amendment (Part IVA).
Directive Principles	Socio-economic goals in Part IV; not enforceable but fundamental in governance.
Independent Judiciary	Supreme Court is the guardian of the Constitution.
Universal Adult Franchise	Every adult citizen (18+) has the right to vote.
Single Citizenship	One citizenship for all Indians.

Citizenship under the Indian Constitution

Basis	Summary
Relevant Part	Part II (Articles 5 to 11) of the Constitution.
Ways of Acquiring	By birth, descent, registration, naturalization, incorporation of territory (as per Citizenship Act, 1955).
Termination	Citizenship can be lost by renunciation, termination, or deprivation.
Single Citizenship	Unlike U.S., Indian citizens enjoy single citizenship.
Citizenship Act, 1955	Governs acquisition and loss of citizenship. Amended several times (e.g., 2003, 2019).
Article 11	Parliament empowered to regulate citizenship by law.

Reflection on India's Constitutional Journey

The historical context of the Indian Constitution and its key features provide insight into the values and principles that shape the legal and social framework of the nation. From the Preamble to the provisions outlining citizenship and fundamental rights, the Constitution is the bedrock of modern India.

The drafters envisioned a society where diversity flourishes and justice is upheld. As India grows, the Constitution remains a dynamic document, ready to adapt to the changing needs of its people while maintaining the core principles of democracy and human rights.

India's transition from colonial rule to a sovereign democratic state is a testament to the resilience of its citizens. By reflecting on both historical and contemporary elements of the Constitution, India can continue to be a shining example of justice and equality in the world.