History, Features & Sources of Indian Constitution | Legal Reasoning for CLAT PDF Download

What is a Constitution?

• It is the supreme law of the land.
• It is the basic structure, which defines the powers of the States and the rights and duties of its citizens.
• It can also be termed as the fundamental law of the country.
• It sets out the framework and principal functions of the Government.

A constitution is a legal, social and political document

What are the Functions of the Constitution?

The constitution of a country lays down the basic structure of the political system under which its people are to be governed. 

The constitution represents the vision and values of its founding fathers. It is based on the faith and aspirations of the people.

• The first function of a constitution is to provide the basic rules which ensure minimal coordination among the members of society.
• The second function of a constitution is to specify who has the power to make decisions in a society.

• The third function of a constitution is to set some basic limits on what a government can impose on its citizens.

• The fourth function of the constitution is to enable the government to fulfill the people’s aspirations and create the conditions for a just society.

Each state or nation has three basic organs:

(a) The Legislature
(b) The Executive
(c) The Judiciary

The constitution defines their powers, demarcates their responsibilities, and regulates their relationship with each other and with the people.

Branches of government

What is the History of Indian Constitution?

• Before the arrival of the British in India, it was being ruled by a monarchical system. The boundaries of the state were not fixed and changed with the change in the rulers of the nation. 
• The monarch embodied the rule of law, encompassing all three systems. He was the one who would make the law. 
• He was the Head of the state to implement the laws that he made and the Jurist, the final court of appeal.

Government of India Act, 1935

• This bill was prepared on the basis of a report submitted by Lord Linlithgow in 1934. Based on this report, a bill was passed by the British Parliament and was given the Royal Assent. It provided for an all-India federation of British provinces and the Princely States. the joining of Princely States was voluntary. However, none of the Princely State joined it.
• Diarchy introduced at the centre by which the departments of Foreign Affairs and Defence were reserved for the Governor-General.
  The Government of India Act was passed by the British Parliament in August 1935 
• The other federal subjects were to be administered by the Governor-General with the advice of council of ministers chosen by him. Residuary powers were with the Governor General.
• The federal legislature was to have two chambers (bicameral), i.e. Council of States and the Federal Assembly.
• In the provinces, diarchy was replaced by provincial autonomy. The distinction between reserved and transferred subjects was abolished and full responsible government established.
• It also provided for a Federal Court with original and appellate powers to interpret the constitution.
• A Federal Bank (Reserve Bank of India) was also established.
• The Indian Council of Secretary of State was abolished.
• Principle of separate electorate was extended to include Anglo Indian, Christians and Europeans.
• Elections for the provincial legislature under this act were held in 1937.

Importance of the Act

• It was a step towards a written constitution for the country.
• The Indians got an opportunity to run the administration of their country.

Cripps Mission, 1942

• Sir Stafford Cripps was sent to India to seek Indian cooperation in British war with Germany (2nd world war). 
  The Cripps Mission 1942
• It did not provide for effective power to Indians during the war. But the mission was a failure as the Indian leaders never accepted the proposals of the Mission.

Cabinet Mission, 1946

• After the Second World War, the British government decided to convene a constitution drafting body for India. 
• Three British cabinet ministers were sent to find a solution to the question of India's independence. This team of was called the Cabinet Mission.
• The Cabinet Mission discussed the framework of the constitution and detailed the procedure for the constitution drafting body. 
• This mission rejected the Congress demand for a loose federation and also rejected the Muslim League’s demand for a separate sovereign state of Pakistan. 
• With the independence of India on August 15, 1947, the Constituent Assembly became a fully sovereign body. 
• The present constitution was formed by the Constituent Assembly of India setup under Cabinet Mission Plan of May, 1946.

Cabinet Mission, 1946

• British India was partitioned into India and Pakistan with effect from 15th August 1947.
• Conferred complete legislative authority to the Constituent Assembly.
• Established Governments in both Provinces and States.

Constituent Assembly Composition

• The Constituent Assembly consisted of 389 members, of which 292 were elected by the elected members of the Provincial Legislative Assemblies, 93 members were nominated by the Princely States and 4 members represented the Chief Commissioners' Provinces. 
• Almost all the stalwarts of the freedom struggle like Jawahar Lal Nehru, Vallabh Bhai Patel, Maulana Abdul Kalam Azad, and Dr. Rajendra Prasad were its members, except Mahatma Gandhi and Jai Parkash Narayan were not a part of it.

Dr. Babasaheb Ambedkar, chairman, with other members of the Drafting Committee of the Constituent Assembly of India, on 29 August 1947.

Working of the Constituent Assembly

• The first meeting of the Constituent Assembly took place on Dec 9, 1946, with Dr. Sachidanand Sinha as its interim President. 
• Dr. Rajendra Prasad was elected as its President on Dec 11, 1946.
• The Constituent Assembly reassembled on August 14, 1947, as the Sovereign Constituent Assembly for the Dominion of India. 
• Dr. B.R. Ambedkar was appointed Chairman of the Constitution Drafting Committee.
• B.N. Rao was appointed Advisor to the Assembly.
• It took 2 years 11 months and 18 days to finalize the constitution.
• The draft constitution of India was submitted to the President of the assembly on 21 February, 1948.

Enactment of the Constitution

• The Constitution was adopted on Nov 26, 1949, which is also known as the Date of Passing. 
• The constitution thus adopted contained a Preamble, 395 articles, 18 parts and 8 schedules in all. 
• The provisions regarding citizenship, elections and provisional parliament were implemented immediately, i.e. from November 26, 1949, while the rest came into force on January 26, 1950, known and celebrated as the Republic Day of India.

Objectives Resolution

• The historic Objectives Resolution was moved by Pt. Jawahar Lal Nehru on December 13, 1946, which was finally adopted by the assembly on January 22, 1947, and took the form of ‘Preamble’ to the constitution.

National Flag

• Adopted by the Constituent Assembly on July 22, 1947. Its design was proposed by Pingali Venkaiah of Andhra Pradesh.

National Anthem and National Song

• Adopted on 24 th January 1950. Jan Gan Man (by Rabindranath Tagore) was selected as the National Anthem while Vande Matram (by Bankim Chandra Chatterjee in his novel Anand Math) was selected as the National Song. Jan Gan Man was first sung at the Congress Session, Calcutta in 1911.

What are the Salient Features of Indian Constitution?

• It is the longest written constitution in the world.
• Consists of 22 Chapters, over 444 Articles, and 12 Schedules.
• It proclaims India a Sovereign, Socialist, Secular Democratic Republic.
• Fundamental Rights are guaranteed to all citizens of India.
• Directive Principles of State Policy are incorporated.
• It established the parliamentary system of government wherein. The President is the constitutional head and The Council of Ministers or the Union Cabinet is the real executive and is responsible to the Lok Sabha.
• It is federal in form (in normal times) but unitary in spirit (in emergencies).
• It is neither too rigid (as some provisions are amendable by a simple majority) nor flexible (as some provisions require a special majority for amendment).
• It guarantees single citizenship to all citizens.
• It introduced a universal adult franchise, i.e. every adult above 18 years has the right to vote and the system of joint electorates.
• It established an independent judiciary; the Supreme Court acts as a guardian of the Constitution.

Constitution Review Commission

• The government of India in the year 2000 appointed a Commission chaired by Justice M.N. Venkatachaliah to Review the working of the Constitution to make suitable recommendations.

What are the Sources of Indian Constitution?

The Government of India Act, 1935 formed the basis or ‘blueprint’ of the Constitution of India with its features of the federal system, office of governor, etc. 

Besides, the Indian Constitution has borrowed from many other sources:

• Britain: Parliamentary form of government, rule of law, law-making procedure, CAG, single citizenship.
• USA: Preamble, Fundamental Rights, Judicial Review and independence of Judiciary, written Constitution.
• Ireland: Directive Principles of State policy, methods of the election of the President, nominations to Rajya Sabha.
• Canada: A quasi-federal form of Government (a federal system with a strong central government), residual powers.
• Former USSR: Fundamental Duties.
• Australia: Concurrent list, provision regarding trade, commerce, and intercourse, languages of the preamble.
• Weimar Constitution of Germany: Suspension of fundamental rights during the Emergency.
• South Africa: Constitutional amendment procedure.
• The ideas of justice: Social, economic, and political, have been taken from the Russian revolution (1917).

What are the different Types of Government around the World?

1. Monarchy

• It is the system of governance in which the government and sovereignty is embodied in a single individual who is known as the monarch.
• Monarchies are hereditary and the monarchies are of different forms depending on the state of development of the society.
  

(a) Absolute Government or Autocracy : Where the monarch has absolute powers with no restraints on his power.
(b) Constitutional Monarchy : Where the monarch is the constitutional head with no formal powers such as in U.K.

Types of Government

2. Democracy

• Where the power to elect the government is with the people of the country and they are free to decide the form and structure of government is known as democracy.

The Global State of Democracy

• The concept of democracy is best described by Abraham Lincoln, the ex-President of the USA as “government of the people, by the people, for the people”.
• The main attributes of democracy are:
  (a) Universal Adult franchise.
  (b) Freedom to elect/ choose.
  (c) Freedom to contest elections.
  (d) Freedom to form A political party.
  (e) All eligible citizens are equal before the law. (protection of basic human rights)
  (f) Responsible and Responsive Government.

3. Despotism

• It is a form of government in which a single individual, rules with absolute authority and power. 
• Normally this word is used in the negative sense where the ruler abuses his power and authority to suppress the people.

4. Oligarchy

• A form of government in which a small number of individuals hold power is called an oligarchy.

5. Republican

• Where the head of the state is elected is known as a republican form of government.

What is the order of Precedence in India?

Here is the table of precedence for your reference: 

1. President
2. Vice - President
3. Prime Minister
4. Governors of States within their respective States
5. (a) Former Presidents
   (b) Deputy Prime Minister
6. (a) Chief Justice of India
   (b) Speaker of Lok Sabha
7. Cabinet Minister of the Union.
8. (a) Chief Minister of States within their respective States.
   (b) Dy Chairman, Planning Commission
   (c) Former Prime Ministers
   (d) Leaders of Opposition in Rajya Sabha and Lok Sabha
   (e) Holders of Bharat Ratna decoration
9. (a) Ambassadors and High Commissioners of Commonwealth countries accredited to India.
   (b) Chief Ministers of States outside their respective accredited States.
   (c) Governors of States outside their respective accredited States.
10. (a) Judges of the Supreme Court.
    (b) Chief Election Commissioner.
    (c) Comptroller and Auditor-General.
11. (a) Dy. Chairman, Rajya Sabha.
    (b) Dy. Chief Ministers of States.
    (c) Dy. Speaker, Lok Sabha.