INDIAN CONSTITUTION JOURNEY EXPLAINED

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Context

India celebrates Constitution Day, or 'Samvidhan Divas', on November 26th annually to commemorate the adoption of the Constitution by the Constituent Assembly in 1949.  

What is Constitution?

A Constitution is the foundational set of principles, laws, and precedents that forms the legal basis and structure of a state's governance, defines governmental powers and limits, often guarantees citizen rights, and is the supreme law of a country.

Objectives of a Constitution

Establishes Government Structure: It creates the different branches of government (e.g., legislative, executive, judicial) and defines their respective roles and powers.

Defines Powers and Limits: It outlines what the government can do and, critically, what it cannot do, thereby preventing the abuse of power.

Protects Rights: Many modern constitutions contain a Bill of Rights or similar provisions that guarantee fundamental freedoms and civil liberties to individuals, protecting them from encroachment by the state.

Provides Stability and Predictability: It establishes a clear, consistent framework for governance that outlasts individual leaders or political parties, providing continuity and stability for the nation.

Expresses National Ideals: The preamble and chapters of a constitution often reflect the values, aspirations, and goals of the nation it governs (e.g., justice, liberty, equality, fraternity). 

Types of Constitutions

Written vs Unwritten:

• Most countries have a single, formal written document (like the United States or India).
• A few countries, notably the United Kingdom, have an unwritten or uncodified constitution, where the fundamental laws derive from a collection of statutes, judicial precedents, and constitutional conventions.

Federal vs Unitary:

• Federal constitutions divide power between a central government and regional state governments (e.g., India, USA, Germany).
• Unitary constitutions place ultimate power in the central government (e.g., UK, France, China).

Rigid vs Flexible:

• Rigid constitutions are difficult to amend, often requiring special procedures and supermajorities (e.g., the US Constitution).
• Flexible constitutions can be amended with the same process used for ordinary legislation (e.g., the UK's unwritten constitution). 

Indian Constitution

Indian Constitution is the supreme law, defining the political framework, government structure and duties, and citizens' rights. It is the world's longest written national constitution.

Foundational Colonial-Era Acts

British rule established the basis for modern Indian governance through Acts that gradually introduced legislative structures and shaped the administrative framework.

Influence of the Freedom Struggle

Nehru Report (1928): This was the first major attempt by Indians to draft a constitution. It demanded Dominion Status, universal adult suffrage, and guaranteed 19 fundamental rights, including equality for women and freedom of conscience.

Karachi Resolution (1931): Adopted by the Indian National Congress, this resolution outlined the vision of a future independent India. It reiterated the demand for fundamental rights (like freedom of speech and press), socio-economic rights (like a living wage), and a secular state.

The Constituent Assembly 

The failures of the Cripps Mission (1942) and the subsequent political negotiations led to the consensus that only a sovereign body elected by Indians could frame the constitution. 

The Cabinet Mission Plan of 1946 provided the framework for the formation of the Constituent Assembly.

• Formation: Members were elected indirectly by the members of the Provincial Legislative Assemblies.
• Composition: Initially, the Assembly had 389 members, which was reduced to 299 after the partition of India. It was a diverse body representing various communities, regions, and princely states. It included 15 women members, such as Sarojini Naidu and Durgabai Deshmukh.
• Analytical Angle: The Assembly's diverse composition, though not based on universal franchise, ensured that a wide spectrum of Indian opinions was heard, making the drafting process inclusive and representative.

The Drafting Process 

The Assembly used a methodical process of committees, debates, and discussions to build consensus on complex issues, ensuring thorough scrutiny of every clause.

Dr. B. R. Ambedkar, as the Chairman of the Drafting Committee, called the 'Father of the Indian Constitution' for his role in the drafting process and providing legal and philosophical depth to the document.

Global and Domestic Influences

The framers of the Constitution did not hesitate to borrow and adapt ideas from around the world, ensuring they were suitable for Indian conditions.

Adoption, Implementation, and Early Tests

Adoption: The Constitution was adopted on November 26, 1949. This day is now celebrated as Constitution Day.

Implementation: It came into full force on January 26, 1950. This date was chosen to commemorate the Purna Swaraj (Complete Independence) resolution of 1930.

Early Challenges: The Constitution's flexibility was tested early on by issues like the linguistic reorganization of states and the implementation of land reforms, both of which required significant political negotiation and constitutional amendments.

Evolution through Amendments and Judicial Interpretation

The Constitution is a dynamic document that has evolved over time. As of late 2025, there have been 106 amendments to the Constitution.

Major Amendments

1st Amendment (1951): Added the Ninth Schedule to protect land reform laws from judicial review.

42nd Amendment (1976): Known as the 'Mini-Constitution', it added 'Socialist' and 'Secular' to the Preamble, and introduced Fundamental Duties.

44th Amendment (1978): Reversed many provisions of the 42nd Amendment and removed the Right to Property from the list of Fundamental Rights.

73rd & 74th Amendments (1992): Granted constitutional status to Panchayati Raj and Urban Local Bodies, promoting decentralization.

101st Amendment (2016): Introduced the Goods and Services Tax (GST).

106th Amendment (2023): Reserved one-third of all seats for women in the Lok Sabha and state legislative assemblies.

Supreme Court Judgments

Kesavananda Bharati vs State of Kerala (1973): The Supreme Court introduced the revolutionary concept of the 'Basic Structure Doctrine,' stating that Parliament's power to amend the Constitution is not absolute and cannot be used to alter its fundamental features.

S.R. Bommai vs Union of India (1994): This judgment curbed the misuse of Article 356 (President's Rule) by laying down guidelines for its imposition and making it subject to judicial review.

The Constitution in the 21st Century

The Constitution's interpretive depth allows it to remain relevant in the face of modern challenges:

• Right to Privacy: In the Justice K.S. Puttaswamy (Retd.) vs Union of India (2017) case, the Supreme Court declared the Right to Privacy a fundamental right under Article 21.
• Environmental Rights: The judiciary has expanded the Right to Life (Article 21) to include the right to a clean and healthy environment.
• Digital Governance: The Constitution's principles guide debates on data protection, digital rights, and the use of technology in governance.

Conclusion

The Indian Constitution, a social contract and roadmap for the nation's progress, demonstrates resilience through its adaptability while relying on the continuous commitment of citizens and institutions to uphold its core values of Justice, Liberty, Equality, and Fraternity.

Source: newsonair