The Constitution of India - An Introduction
Dr. Rajendra Prasad, the first President of India, emphasized that the Constitution, once adopted, would empower the country to achieve greatness. He believed that realizing this potential required dedicated effort, both physically and mentally, and a commitment to moral principles. He also noted that a democratic constitution necessitates a willingness to consider diverse perspectives, compromise, and accommodate different viewpoints for its successful implementation.
Example
Imagine a group of friends planning a trip. If everyone insists on their own destination without considering others' preferences, the trip will likely fail. However, if they listen to each other, compromise on the location, and accommodate everyone's interests, they can create a memorable experience together. Similarly, a democratic society thrives when its citizens and leaders are willing to work together, respecting different opinions and finding common ground.
The chapter addresses the following key questions:
- What is a constitution, and why do we need one?
- How was the Indian Constitution prepared?
- How did our freedom struggle and civilizational heritage influence the Constitution?
- What are the key features of the Constitution of India? Why is it still relevant, even though it was written more than seventy years ago?
The Constitution of India is carefully preserved in a helium-filled glass case in Parliament to protect it from degradation over time.
Lets Remember
A constitution is a document that outlines the basic principles and laws of a nation.
The Constitution of India is a document that important officials of our country pledge to uphold. The President, Prime Minister, council of ministers, and judges promise to follow its provisions.
What Is a Constitution?
A constitution is a document that spells out a nation's basic principles and laws. It lays out:
- The framework of the three organs of the government (legislature, executive, and judiciary) and their roles and responsibilities.
- Checks and balances among the three organs of government to ensure fairness, responsibility, and accountability.
- The rights and duties of the citizens.
- An outline of the long-term goals and aspirations of the nation.
Why do we need a constitution?
Example
Think about playing a game like kabaddi. What happens if there are no rules? It would be chaotic, and no one would agree on who won. A constitution is like a rulebook for a country.
Our Constitution is like a rulebook for the country.
Note
The Constitution of India has 25 parts and 12 schedules. When it came into effect, it had 22 Parts and 8 schedules.
The basic rules and principles in a constitution determine what kind of government will be there, how it will be formed, and how it will function.
A constitution describes:
- How laws are to be made and implemented.
- Who elects the executive.
- How the judiciary is made.
- What rights and duties individual citizens have.
Many constitutions, including the Indian Constitution, also state the values and ideals the country is committed to. These include:
- Equality and justice for all.
- Fraternity.
- Pluralism.
- Freedom.
Note
These values and ideals form the basis for the laws and principles in a constitution.
Some of the important things that most constitutions contain:
- Citizenship
- Elections
- Organisation of Government
- Rights and Duties of Citizens
Writing the Constitution of India
Dr. Sachidananda Sinha, President of the Constituent Assembly, expressed his hope that the process of writing the Constitution would be guided by wisdom, toleration, justice, and fairness, to restore India to its glory and give it a place of honour among the great nations.
While India was struggling for independence from British rule, it was necessary to start planning for how we would govern ourselves. There were many important questions to be answered in a large, culturally diverse, and complex country like India:
- What type of government should we have?
- What rules and principles should guide us?
- Who should have the right to vote?
- How should we decide on disputes?
To answer these and many other questions, a Constituent Assembly was formed in 1946, initially with 389 members (later reduced to 299 after the Partition of India), of which 15 were women. These members represented India's diverse regions, professions, and social groups.
How was our Constitution developed?
The Indian Constitution was developed and written by the Constituent Assembly over a period of almost three years. It was formed on 9 December 1946, with its members elected by the legislative assemblies of the provinces. Dr. Rajendra Prasad was the Chairman of the Constituent Assembly. The work was completed on 26 November 1949, and the resulting document was adopted as the Constitution of India on 26 January 1950, which is why we celebrate this day annually as Republic Day.
The initial text of the Constitution was prepared by a Drafting Committee chaired by Dr. B.R. Ambedkar, an eminent social reformer and the first Law and Justice minister of independent India.
What Shaped and Influenced the Indian Constitution?
While the Constitution was developed by the Constituent Assembly, it had many influences. These included:
- The experience, ideas, and ideals of the Indian freedom movement.
- India's civilizational heritage and culture.
- Useful learnings from constitutions of other countries.
Influence of the Indian Freedom Movement
Many key ideals and values of the Indian freedom struggle were enshrined in the Constitution. The Constitution was the cornerstone for an independent India. A number of leaders of India's freedom movement were members of the Constituent Assembly and, therefore, carried their experience and ideas from the freedom struggle to the Constitution. Some of these values and ideals are:
- Equality of all
- Justice for all
- Freedom
- Fraternity
- Preservation of India's cultural heritage
- Using the Constitution as a tool for achieving these values and ideals.
The experience and learnings from the freedom struggle also provided answers to many of the 'how' and 'what' questions:
- How do we make sure that every adult citizen has a right to vote?
- How do we ensure that the powers of the executive, legislature, and judiciary are kept separate?
- How do we guarantee that every individual’s fundamental rights are respected?
- What should be the process if we want to amend the Constitution?
- What should be the relationship between the Central and State governments?
India's civilisational heritage and history
The idea of India being one country is embedded in the Constitution.
Some fundamental principles are embedded in our culture:
- Acceptance of different points of view.
- Nature as sacred.
- The pursuit of learning and knowledge.
- Respect for women.
- The concepts of vasudhaiva kutumbakam ("the world is one family").
- Sarve bhavantu sukhinah (an invocation for the well-being of all creatures).
These principles find a place in our Constitution.
Note
'Fundamental Duties' are part of our civilisational heritage.
Learnings from across the world
In addition, in the Indian tradition of ā no bhadrāh kratavo yantu viśhwatah—"Let noble thoughts come to me from every side" - the Constitution makers studied the constitutions of:
- France
- USA
- UK
- Ireland
- Australia
- Other countries that have a democratic system
They explored their usefulness for our context.
Example
The ideals of 'liberty, equality, fraternity' were adopted from France's constitution (which enshrined them from the French Revolution of 1789). The idea of the Directive Principles of State Policy was inspired by the Irish Constitution. The American Constitution helped shape the concept of an independent judiciary.
Key Features of the Constitution of India
The Constitution addresses points comprehensively. It clearly defines:
- The roles, functions, responsibilities, and accountability measures for each organ of government.
- The electoral system to ensure that every eligible citizen of the country is enabled to vote.
Other core aspects of the Constitution are:
- The Fundamental Duties.
- Fundamental Rights.
- The Directive Principles of State Policy.
The Directive Principles of State Policy (DPSP) represent the essence of the social and economic vision that the framers of the Constitution had for India.
Note
Directive Principles are goals that the government should try to achieve. They reflect the direction they wished the country take to make India better for all. Fundamental Rights, on the other hand are promises that must be kept.
The people who wrote our Constitution created this system on purpose. They wanted some rights that could be demanded immediately (Fundamental Rights) and some bigger goals (Directive Principles) that might take time to achieve as our country progressed.
The Constitution is a Living Document
Our Constitution makers realized that a need for new laws and rules would emerge over time. For example, 'Part IV-A: Fundamental Duties' was added in 1976. Any changes (called 'amendments') to the Constitution are rigorously debated in the Parliament before they are accepted. Some require a debate in legislative assemblies as well. Many times, opinions are sought from the general public. Some changes can also be initiated by popular movements.
Example
There was a time when people were not allowed to fly the national flag at their homes. This changed in 2004 when a citizen challenged the rule in court. The Supreme Court agreed, saying that flying the flag is part of the Fundamental Right to Freedom of Expression.
The Panchayati Raj System was integrated into the Constitution in 1992 with the 73rd Constitutional Amendment Act.
The government also creates opportunities for people to provide feedback on proposed laws or changes in rules.
Note
The Indian Constitution is not just a legal document but also a work of art. Calligrapher Prem Behari Narain Raizada wrote its text by hand, while Nandalal Bose and his team illustrated its pages with scenes from Indian history.
Understanding the Preamble: The Guiding Values of the Constitution of India
The Constitution's core values are the guiding principles for policies and decision-making, which the government is expected to follow. Citizens are also expected to practice them to the best of their ability. These guiding values are present across the Constitution, but their essence is written in the Preamble.
The Preamble of the Indian Constitution:
- WE, THE PEOPLE OF INDIA: The Constitution has been drawn up and enacted by the people through their representatives, and not handed down to them by a king or any outside powers.
- SOVEREIGN: The people have supreme right to make decisions on internal as well as external matters. No external power can dictate the government of India.
- SOCIALIST: Wealth is generated socially and should be shared by the society. Government should regulate the ownership of land and industry to reduce socio-economic inequalities.
- SECULAR: Citizens have complete freedom to follow any religion. But there is no official religion. Government treats all religious beliefs and practices with equal respect.
- DEMOCRATIC: A form of government where the people enjoy equal political rights, elect their rulers and hold them accountable. The government is run according to some basic rules.
- REPUBLIC: The head of the state is an elected person and not a hereditary position.
- JUSTICE: Citizens cannot be discriminated on the grounds of caste, religion and gender. Social inequalities have to be reduced. Government should work for the welfare of all, especially of less advantaged groups.
- LIBERTY: There are no unreasonable restrictions on the citizens in what they think, how they wish to express their thoughts and the way they wish follow up their thoughts in action.
- EQUALITY: All are equal before the law. The social inequalities have to be ended. The government should ensure equal opportunity for all.
- FRATERNITY: All of us should behave as if we are members of the same family. No one should treat a fellow citizen as inferior.
Note
The terms 'Socialist' and 'Secular' were added in the Preamble through the 42nd Constitutional Amendment in 1976.