One the most distinguishing features of the Indian Constitution has to be the manner in which it has been drafted and adopted. While Constitution of other countries was imposed on them by exercise of power, the Indian Constitution was made by people themselves, though by representatives in the Constituent Assembly.
HISTORICAL BACKGROUND:
HISTORICAL BACKGROUND:
1. Government of India Act, 1858: Making of the modern Constitution at the earliest began from 1858, when India first came under direct rule of the British Crown. The Govt. of India Act, 1858 marks as a starting point towards making of the Indian Constitution because it was dominated by principle of absolute imperial control, without any popular participation in the administration of the country. The powers of the Crown were to be exercised absolutely by Secretary State of India, assisted by an Executive Council comprising 15 members, which was composed exclusively of people from England, thereby resulting in no concern for public opinion by the State.
2. Indian Councils Act, 1861: The Act introduced only a minute element of popular participation by providing that the Council would include certain non-officio members as well which would then function as a Legislative Council. The inclusion of non-officio members in the Council however was not considered representative, as their functions was restricted only to consideration of legislative proposals made before it.
3. Indian Councils Act, 1892: The Act comprised of 2 major improvements from the previous act:
5. Government of India Act, 1919: The Act is considered as a landmark in the constitutional development of India, which introduced substantive changes in the existing system of governance. The major features of the Act were:
6. Government of India Act, 1935: The Indian Constitution is, to an extent, based on the said Act, whose major features included:
8. The Constituent Assembly began working on the making of the Indian Constitution on 9th December, 1946 and it received the signature of the President on 26th November, 1949. While the provisions relating to citizenship, elections, provisional Parliament and transitional provisions were given immediate effect i.e. from 26th November, the rest of the Constitution came into force on 26th January, 1950.
THE PREAMBLE:
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
FEATURES OF THE CONSTITUTION:
Sovereign: means the independent authority of the State, and that it is not subject to the control of any other State or external power.
Republic: A government of the people and for the people, all source of authority as bestowed by the Constitution is the people of India.
Socialist: The principle means of production are under social ownership leading to progressive speeding up of production and equitable distribution of national wealth.
Secular: The State protects all religions equally and does not itself uphold any religion as the State religion. The question of secularism is not one of sentiments, but of law.
Democratic: The Constitution envisages democratic not only political, but also social meaning not only a democratic form of government but also a democratic society, infused with the spirit of justice, liberty, equality and fraternity.
2. Partly rigid and partly flexible: As aptly put by H.R. Khanna, J. in the landmark judgement of Kesavananda Bharati v. State of Kerala [(1973) 4 SCC 225], the Constitution is dynamic in nature and therefore contains room for experiment, however the basic structure of the Constitution cannot be altered, that India is a Sovereign, Democratic, Republic.
3. Quasi-federal form of Government: Federalism essentially means two or more governments exercising concurrent jurisdiction over a territory, where none of the government is subordinate to the other. As laid down in the case of S.R. Bommai v. Union of India [(1994) 2 SCR 644], a state has a federal status but state qua the Union is quasi-federal and that India practises both unitary and federal principle of governance, depending on time and circumstances.
4. Universal Adult Franchise: One person one vote, one vote one value.
5. Cooperative Federalism: the state and centre work in harmony, with the spirit of togetherness and sharing the same goal: of all round development of the nation.
6. It is the longest constitution, comprising of 448 articles in 25 parts, 12 schedules, 5 appendices and 101 amendments.
7. Supremacy of Constitution: The Indian Constitution is supreme in the land and nothing can override the Constitution. The Constitution also provides for redressal mechanism in case of breakdown in any of the state or Union.
SOURCES:
Introduction to the Constitution of India by D.D. Basu;
Case Material on Constitutional Law – I, Faculty of Law, University of Delhi.
2. Indian Councils Act, 1861: The Act introduced only a minute element of popular participation by providing that the Council would include certain non-officio members as well which would then function as a Legislative Council. The inclusion of non-officio members in the Council however was not considered representative, as their functions was restricted only to consideration of legislative proposals made before it.
3. Indian Councils Act, 1892: The Act comprised of 2 major improvements from the previous act:
- Non-officio members were to be now elected by Chamber of Commerce and Local Bodies for State and Province respectively.
- The functions performed by the Council was now widened, and had the power to discuss the Budget as well as to address the questions to Executive.
5. Government of India Act, 1919: The Act is considered as a landmark in the constitutional development of India, which introduced substantive changes in the existing system of governance. The major features of the Act were:
- Dyarchy (dual government) in Provinces
- Relaxation of Central control over Provinces
- Increase in representative nature of Indian Government.
6. Government of India Act, 1935: The Indian Constitution is, to an extent, based on the said Act, whose major features included:
- a. Separate electorate not only for Muslims, but also for Sikhs, Indian Christians and Anglo-Indians.
- Federal System of Governance
- Dyarchy at the Centre
- Bi-cameral Legislature
- Distribution of power.
8. The Constituent Assembly began working on the making of the Indian Constitution on 9th December, 1946 and it received the signature of the President on 26th November, 1949. While the provisions relating to citizenship, elections, provisional Parliament and transitional provisions were given immediate effect i.e. from 26th November, the rest of the Constitution came into force on 26th January, 1950.
THE PREAMBLE:
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
FEATURES OF THE CONSTITUTION:
Sovereign: means the independent authority of the State, and that it is not subject to the control of any other State or external power.
Republic: A government of the people and for the people, all source of authority as bestowed by the Constitution is the people of India.
Socialist: The principle means of production are under social ownership leading to progressive speeding up of production and equitable distribution of national wealth.
Secular: The State protects all religions equally and does not itself uphold any religion as the State religion. The question of secularism is not one of sentiments, but of law.
Democratic: The Constitution envisages democratic not only political, but also social meaning not only a democratic form of government but also a democratic society, infused with the spirit of justice, liberty, equality and fraternity.
- Other important features, inter alia, include:
2. Partly rigid and partly flexible: As aptly put by H.R. Khanna, J. in the landmark judgement of Kesavananda Bharati v. State of Kerala [(1973) 4 SCC 225], the Constitution is dynamic in nature and therefore contains room for experiment, however the basic structure of the Constitution cannot be altered, that India is a Sovereign, Democratic, Republic.
3. Quasi-federal form of Government: Federalism essentially means two or more governments exercising concurrent jurisdiction over a territory, where none of the government is subordinate to the other. As laid down in the case of S.R. Bommai v. Union of India [(1994) 2 SCR 644], a state has a federal status but state qua the Union is quasi-federal and that India practises both unitary and federal principle of governance, depending on time and circumstances.
4. Universal Adult Franchise: One person one vote, one vote one value.
5. Cooperative Federalism: the state and centre work in harmony, with the spirit of togetherness and sharing the same goal: of all round development of the nation.
6. It is the longest constitution, comprising of 448 articles in 25 parts, 12 schedules, 5 appendices and 101 amendments.
7. Supremacy of Constitution: The Indian Constitution is supreme in the land and nothing can override the Constitution. The Constitution also provides for redressal mechanism in case of breakdown in any of the state or Union.
SOURCES:
Introduction to the Constitution of India by D.D. Basu;
Case Material on Constitutional Law – I, Faculty of Law, University of Delhi.
