Chapter 10 The Constitution Of India — An Introduction

Republic Day, celebrated on 26th January every year in India, commemorates the date when the Constitution of India officially came into effect in 1950. This foundational document is central to the governance of the country.

The original copy of the Constitution of India is a carefully preserved artifact, kept in a helium-filled glass case in the Parliament House to ensure its longevity. Helium is used because it is an inert gas that does not react with the paper or ink, helping to maintain the document's condition over time.

Key officials in the Indian government, including the President, Prime Minister, Council of Ministers, and judges, take oaths to uphold, protect, and defend the Constitution, highlighting its supreme authority in the governance of the nation.

What Is A Constitution?

A constitution is essentially a document (or a set of documents and principles) that outlines the fundamental principles and laws governing a nation. It serves as the supreme legal document of a country, establishing the framework for its political system and the relationship between the government and its citizens.

A constitution typically lays out:

• The structure and framework of the government's three main organs: the legislature (law-making), the executive (law-implementing), and the judiciary (law-interpreting and enforcing).
• The specific roles, responsibilities, and powers of each government organ.
• Mechanisms for checks and balances between these organs to ensure fairness, prevent abuse of power, and maintain accountability.
• The fundamental rights and duties of the citizens.
• An articulation of the nation's long-term goals, values, and aspirations.

Why Do We Need A Constitution?

A constitution is crucial for the orderly functioning of a country, much like rules are essential for a game or a school. Without a set of agreed-upon fundamental rules, disputes cannot be resolved fairly, roles are unclear, and ensuring smooth operation becomes impossible.

Consider the example of a Kabaddi match: If there were no official rulebook that players, captains, and the referee could refer to in case of a dispute (e.g., whether a player was 'out'), disagreements could not be settled amicably, potentially leading to conflict and disruption of the game. The existence of a rulebook ensures that everyone agrees on the standards, abides by the decisions based on those rules, and allows the game to proceed fairly.

Similarly, a country needs a 'rulebook' to guide its governance and social interactions. The Constitution serves this purpose, providing the basic framework, principles, and laws that determine the type of government, how it is formed and functions, and the rights and responsibilities within society.

Most constitutions also articulate the core values and ideals that the society is committed to, such as equality, justice, freedom, fraternity, and pluralism. These values often serve as the foundation for the laws and principles contained within the constitution.

The Constitution of India is the world's largest written constitution. When it was adopted in 1950, it contained 22 Parts and 8 Schedules. Over time, due to the need for adjustments and additions, it has grown to include 25 Parts and 12 Schedules. The increase in its size reflects its adaptability to the evolving needs of the country.

Writing The Constitution Of India

The process of writing the Indian Constitution began during the period of India's struggle for independence from British rule. It became necessary to plan how a newly independent India, a large and diverse country, would govern itself. Key questions regarding the type of government, guiding principles, voting rights, dispute resolution, etc., needed to be addressed.

How Was Our Constitution Developed?

To undertake the momentous task of drafting the Constitution, a Constituent Assembly was formed in 1946. Initially, it had 389 members, which was reduced to 299 after the Partition of India. The members were elected by the legislative assemblies of the provinces, representing the diverse regions, professions, and social groups across India. Notably, 15 women were also members of the Constituent Assembly.

The Constituent Assembly commenced its work on 9th December 1946. Dr. Rajendra Prasad served as the Chairman of the Constituent Assembly. The entire process of debating, discussing, and drafting the Constitution took almost three years.

The initial draft of the Constitution was prepared by the Drafting Committee, which was chaired by Dr. B.R. Ambedkar. Dr. Ambedkar was an eminent social reformer, jurist, and the first Law and Justice Minister of independent India, and his contributions were crucial to the shaping of the Constitution.

The Constituent Assembly completed its work on 26th November 1949, and the drafted document was formally adopted. The Constitution of India officially came into effect on 26th January 1950, a date celebrated annually as Republic Day to mark the birth of the Indian Republic based on the principles of its Constitution.

What Shaped And Influenced The Indian Constitution?

The Indian Constitution was not drafted in a vacuum. It was shaped by a confluence of factors, drawing inspiration from India's historical experiences, cultural heritage, and the ideals of other democratic nations.

Influence Of The Indian Freedom Movement

The long and arduous struggle for India's independence from British rule profoundly influenced the Constitution. The values and ideals that motivated the freedom fighters, such as equality, justice, freedom, and fraternity, were directly incorporated into the Constitution, serving as its foundational principles. Many leaders of the freedom movement were also members of the Constituent Assembly, bringing their experiences and vision to the drafting process.

The practical experiences and lessons learned during the freedom struggle helped address crucial questions about the structure of independent India's governance. For instance, the movement's emphasis on popular participation informed decisions regarding:

• Establishing universal adult franchise (the right to vote for all adults) from the very beginning.
• Structuring the relationship and separation of powers between the executive, legislature, and judiciary.
• Guaranteeing and protecting the fundamental rights of every individual citizen.
• Defining the process for amending the Constitution to adapt to future needs.
• Determining the distribution of powers and the relationship between the Central (Union) and State governments.

The Constitution thus became a tool and a means to achieve the cherished ideals of the freedom struggle.

India’s Civilisational Heritage And History

India's ancient civilisational heritage and rich history also played a significant role in shaping the Constitution. The Constitution embeds the fundamental idea of India as one country, embracing its vast diversity, a concept deeply rooted in India's historical and cultural unity amidst regional differences, as reflected in its traditions and narratives.

Core principles from India's cultural heritage find expression in the Constitution, albeit sometimes in different language. These include:

• Acceptance of diverse viewpoints and philosophies (pluralism).
• Reverence for Nature (implied in environmental protection duties).
• The pursuit of learning and knowledge.
• Respect for women (reflected in provisions for equality).
• Concepts like Vasudhaiva Kutumbakam ("the world is one family") and Sarve Bhavantu Sukhinah ("May all creatures be happy"), reflecting a universalistic and welfare-oriented outlook.

Furthermore, India's historical experiments with various governance systems, such as the assemblies in Janapadas and Sanghas, the principles of statecraft outlined in Kautilya's Arthaśhāstra (like the concept of Saptanga), and the ideal of Rajadharma (the ruler's duty to the people), influenced the Constitution makers. These traditions often emphasized the role and duties of the people in governance and the ruler's responsibility towards public welfare. The inclusion of Fundamental Duties for citizens in the Constitution reflects this historical emphasis on the people's role.

Learnings From Across The World

True to the Indian tradition of being open to noble thoughts from all sides (as expressed in ancient texts), the Constitution makers extensively studied the constitutions of various other countries, particularly those with democratic systems. They drew valuable lessons and adopted or adapted principles that were considered suitable for the Indian context.

Examples of inspirations from other constitutions include:

• The ideals of 'liberty, equality, and fraternity' were inspired by the French Constitution, which enshrined these principles from the French Revolution of 1789.
• The concept of Directive Principles of State Policy (DPSP) was inspired by the Constitution of Ireland.
• The concept of an independent judiciary, a cornerstone of democratic governance, was significantly shaped by the American Constitution.

This approach allowed the Constitution makers to incorporate best practices and relevant principles from global democratic experiences while grounding the document firmly in India's own unique history, culture, and aspirations.

The original, hand-written manuscript of the Constitution of India is adorned with artistic illustrations by Nandalal Bose and his team, depicting scenes from India's rich history and cultural heritage, ranging from the Indus Valley Civilization to the Freedom Movement, symbolically connecting the document to India's long past.

Key Features Of The Constitution Of India

The Constitution of India establishes the framework for the country's governance, defining its political structure, the roles of different institutions, and the rights and responsibilities of citizens.

Recalling concepts from Grade 6:

• The Indian government functions through three organs: the legislature (makes laws), the executive (implements laws, headed by the Prime Minister), and the judiciary (interprets laws, ensures constitutionality, administers justice). The principle of separation of powers ensures these organs function independently.
• India has a three-tier system of government: Central (Union), State, and Local (including the Panchayati Raj system in rural areas and Urban Local Bodies). Functions and responsibilities are distributed among these levels.

The Constitution comprehensively addresses these aspects, detailing the roles, functions, responsibilities, and accountability mechanisms for each government organ and level. It also lays down the electoral system to enable every eligible citizen to participate in choosing their representatives.

Beyond the governmental structure, the Constitution incorporates core aspects defining the relationship between the state and its citizens and the overall vision for the nation:

• Fundamental Duties: These are responsibilities expected of every citizen towards the nation and society.
• Fundamental Rights: These are basic rights guaranteed to all citizens, enforceable by the judiciary (e.g., Right to Equality, Right to Freedom, Right against Exploitation, Right to Education). If these rights are violated, citizens can approach the courts. Fundamental Rights are considered promises that the state must keep.
• Directive Principles of State Policy (DPSP): These are guidelines or principles that the government should strive to achieve in its policies and governance. They represent the social and economic vision of the Constitution framers for India, aiming for goals like welfare, justice, improved living standards, protection of environment and monuments, etc. DPSP are more like guiding principles than strictly enforceable laws; citizens cannot go to court if the government fails to implement them, but they provide direction for governance.

The framers of the Constitution deliberately created this system with both immediately enforceable rights (Fundamental Rights) and aspirational goals (Directive Principles) that could be pursued as the country progresses, balancing immediate protections with a long-term vision for societal development.

The Constitution Is A Living Document

The makers of the Indian Constitution recognized that society and the country's needs would evolve over time. Therefore, they designed the Constitution not as a rigid, unchangeable document, but as a living document that can be amended or changed to adapt to new circumstances and requirements.

Changes or amendments to the Constitution require a rigorous process, involving detailed debates in the Parliament (and sometimes legislative assemblies). Amendments often require specific majorities for approval. In some cases, opinions from the general public are also sought.

Amendments can be initiated by the government or through popular movements reflecting the changing aspirations of the people. Examples of such changes include:

• The addition of Fundamental Duties to the Constitution in 1976 (Part IV-A).
• The integration of the Panchayati Raj System as a constitutional body through the 73rd Constitutional Amendment Act in 1992, formalizing local self-governance in rural areas.
• A Supreme Court ruling in 2004 affirmed that the right to fly the national flag at home is part of the fundamental right to freedom of expression, demonstrating how interpretations and applications of the Constitution evolve.

This ability to be amended allows the Constitution to remain relevant and serve the country effectively even decades after it was written, making it a dynamic framework for governance.

Beyond its legal and political significance, the original handwritten Constitution is also considered a work of art, with its text beautifully hand-written by calligrapher Prem Behari Narain Raizada and its pages adorned with illustrations by Nandalal Bose and his team, depicting scenes from India's rich cultural and historical tapestry.

Understanding The Preamble: The Guiding Values Of The Constitution Of India

The Preamble serves as an introduction to the Constitution of India. It is a concise statement that encapsulates the core values, ideals, and philosophy upon which the entire Constitution is based. The values mentioned in the Preamble are the guiding principles that the government is expected to follow in its policies and decision-making, and citizens are also encouraged to embody these values in their lives.

Key terms and their meanings as outlined in the Preamble:

• WE, THE PEOPLE OF INDIA: Emphasizes that the Constitution's authority originates from the people of India, who have enacted it through their elected representatives.
• SOVEREIGN: Indicates that India is an independent country, free from external control, with the supreme right to make decisions on its internal and external affairs.
• SOCIALIST: Added in 1976, this term signifies that wealth is generated socially and should be shared by society. The government should work to reduce socio-economic inequalities and regulate ownership of resources and industry.
• SECULAR: Also added in 1976, this term means that citizens have complete freedom to follow any religion. The state has no official religion and treats all religious beliefs and practices with equal respect.
• DEMOCRATIC: Denotes a form of government where citizens enjoy equal political rights, elect their rulers, and hold them accountable. The government functions according to basic rules laid down in the Constitution.
• REPUBLIC: Signifies that the head of state (the President) is an elected person, not a hereditary monarch.
• JUSTICE: Aims to secure social, economic, and political justice for all citizens, preventing discrimination based on caste, religion, or gender, reducing social inequalities, and working for the welfare of all, especially disadvantaged groups.
• LIBERTY: Guarantees freedom of thought, expression, belief, faith, and worship, allowing citizens to think freely, express their ideas, and follow their actions without unreasonable restrictions.
• EQUALITY: Ensures that all citizens are equal before the law and aims to end social inequalities, providing equal opportunity for all.
• FRATERNITY: Promotes a sense of common brotherhood and unity among all citizens, encouraging them to behave as members of the same family and preventing anyone from treating others as inferior.

These values collectively represent the vision for India as a nation characterized by justice, liberty, equality, and fraternity, built upon the foundation of its sovereignty, socialist and secular principles, and its status as a democratic republic.

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