Introduction
The Constitution of India, the supreme law of the land, is a product of India’s long struggle for independence, its colonial past, and the diverse socio-political influences that shaped its formation. It is the lengthiest written constitution in the world and serves as the guiding document for governance in the country. The historical background of the Indian Constitution is deeply rooted in the British colonial administration, the freedom movement, and the debates that followed India’s independence in 1947.
Subscribe for Judiciary Mock Test Series Online
British Rule and Constitutional Developments
The most direct influence on India’s Constitution came from the British colonial administration. Over nearly two centuries, the British introduced several laws and governance frameworks that eventually influenced India’s constitutional structure.
Regulating Act of 1773
This was the first step towards centralizing British control over India. It established the post of the Governor-General of Bengal and introduced parliamentary oversight.
Pitt’s India Act of 1784
This act further reinforced British control by establishing a dual system of governance, where the British government controlled political affairs while the East India Company managed trade.
Charter Acts (1813, 1833, 1853)
The Charter Act of 1833 was significant as it centralized administration, made the Governor-General of Bengal the Governor-General of India, and paved the way for the introduction of a uniform legal system.
Government of India Act, 1858
Following the Revolt of 1857, this act ended the rule of the East India Company and transferred power directly to the British Crown. It established a Secretary of State for India in London and the Governor-General in India as the head of administration.
Indian Councils Acts (1861, 1892, 1909 – Morley-Minto Reforms)
The Indian Councils Act of 1861 introduced Indians into the legislative process for the first time. The 1909 Morley-Minto Reforms expanded Indian representation but introduced communal electorates, deepening divisions.
Government of India Act, 1919 (Montagu-Chelmsford Reforms)
This act introduced the diarchy system, where provincial subjects were divided into ‘reserved’ and ‘transferred’ categories, giving limited autonomy to Indians in governance.
Government of India Act, 1935
This was a landmark act that laid the foundation for India’s Constitution. It proposed:
- Provincial autonomy
- Establishment of an All-India Federation (which never came into effect)
- Division of powers between the center and the provinces
- Introduction of a federal court This act greatly influenced the Constitution of independent India.
Indian Freedom Struggle and Constitutional Evolution
The Indian freedom struggle was intertwined with demands for self-rule and constitutional reforms. Several key events played a role in shaping India’s constitutional future.
Nehru Report (1928)
The Nehru Report was the first major attempt by Indians to draft a constitution for the country. It proposed:
- Dominion status for India
- Fundamental rights
- Universal adult suffrage
- A parliamentary system The British ignored these proposals, leading to further demands for full independence.
Government of India Act, 1935 and Provincial Elections (1937)
The 1937 provincial elections allowed Indians to experience self-government, although the British retained significant powers.
Cripps Mission (1942) and Quit India Movement
The Cripps Mission proposed granting India dominion status after World War II, but Indian leaders rejected it, demanding complete independence. The failure of negotiations led to the Quit India Movement in 1942.
Cabinet Mission Plan (1946) and Formation of the Constituent Assembly
The Cabinet Mission Plan proposed a federal structure for India and led to the formation of the Constituent Assembly, which eventually drafted the Constitution of India.
Framing of the Indian Constitution
After independence on August 15, 1947, the Constituent Assembly, chaired by Dr. Rajendra Prasad and led by Dr. B.R. Ambedkar as the chairman of the Drafting Committee, began drafting the Constitution.
Salient Features of the Constituent Assembly
- It had 299 members, including representatives from provinces and princely states.
- It took 2 years, 11 months, and 18 days to complete the Constitution.
- Influenced by the British parliamentary system, American federalism, and the Irish directive principles.
- Adopted on November 26, 1949, and came into force on January 26, 1950.
Influences on the Indian Constitution
The Constitution of India drew from several global sources:
- British Constitution: Parliamentary democracy, rule of law, and bicameral legislature.
- American Constitution: Fundamental rights and judicial review.
- Irish Constitution: Directive Principles of State Policy.
- Canadian Constitution: Federalism with a strong center.
- French Constitution: Ideals of liberty, equality, and fraternity.
Key Features of the Indian Constitution
- Preamble: Declares India a Sovereign, Socialist, Secular, and Democratic Republic.
- Fundamental Rights: Inspired by the American Bill of Rights, ensuring equality, freedom, and justice.
- Directive Principles of State Policy: Guidelines for social and economic democracy.
- Parliamentary System: President as a nominal head, with real power vested in the Prime Minister and Council of Ministers.
- Federal Structure: Distribution of power between the Union and States.
- Independent Judiciary: Supreme Court as the guardian of the Constitution.
- Amendability: Provision to amend the Constitution through Article 368, ensuring flexibility.
Conclusion
The Constitution of India is a culmination of historical experiences, freedom struggles, and global influences. It provides a framework for governance, protecting individual rights while ensuring national unity. Over the years, it has evolved through amendments, reflecting the changing needs of society. As a living document, it continues to guide India’s democratic journey, upholding the ideals of justice, liberty, equality, and fraternity.
« Section 9 of the Code of Civil Procedure (CPC), 1908 – Jurisdiction of Civil Courts
Leave a Reply