The Evolution of the Constitution and Main Provisions

Learning Outcomes:

1. Understand the historical context of India’s constitution.
2. Comprehend the role of the independence movement in shaping democratic values.
3. Grasp the principles of parliamentary democracy, civil liberties, and socio-economic justice that guided constitutional development.

Historical Context

The Constitution of India came into effect on 26 January 1950, marking Republic Day. Before this, 26 January was celebrated as Independence Day, initiated in 1930, symbolizing India’s commitment to complete independence from British rule. It was apt for the new republic to be declared on this day, establishing a connection between the independence struggle and the adoption of the Constitution.

The evolution of the Constitution began decades earlier, intertwined with the independence struggle and the fight for responsible government in both British India and the princely states.

1. The national movement popularized key political ideas like parliamentary democracy, republicanism, and civil liberties.
2. The Congress, from 1920 onwards, adopted an elective system, mirroring the eventual parliamentary framework.
3. Mass participation in the independence movement fostered a democratic spirit, ensuring universal adult franchise post-independence.
4. Freedom of the Press under colonial rule was strongly defended, particularly by leaders like Tilak, paving the way for freedom of expression as a fundamental right.

Steps to the Constitution

Gandhiji’s statement in 1922 emphasized that Swaraj would not be a gift from the British Parliament but a declaration of self-expression by India. This clearly reflected that constitutional reforms were a reluctant response to nationalist demands. The elective principle, introduced in the Indian Councils Act of 1892, fell far short of what the Congress had demanded.

1. Nationalists consistently demanded elected majorities, adult franchise, and freedom of speech, which were not granted until much later.
2. The Constitution of India Bill (1895), likely inspired by Tilak, advocated basic rights, foreshadowing the future constitution.
3. Even the Government of India Act, 1935 did not meet India’s demands for rights or responsible government, despite being the most extensive constitutional reform by the British.

Constitutional Development

By the 1880s, the Indian national movement demanded responsible government. During World War I, Tilak and Annie Besant launched the Home Rule movement, advocating self-determination. The Congress-Muslim League Pact in 1916 demanded broad franchise and elected legislatures.

1. In 1918, Congress invoked the principle of self-determination, following declarations by President Wilson and Lloyd George.
2. The Non-Cooperation Movement in 1920, led by Gandhiji, was a direct response to unsatisfactory British reforms.
3. The Commonwealth of India Bill in 1925, supported by Labour Party leaders, emphasized placing India on par with the Self-Governing Dominions.
4. Motilal Nehru’s resolution in 1924 for a Round Table Conference to draft a constitution was another step towards self-governance.

Important Note: The British attempt to control India’s future through the Simon Commission (1927) backfired, as it spurred the Nehru Report (1928), proposing a parliamentary system and fundamental rights.

Towards a Constituent Assembly

By 1930, it was clear that Indians would not settle for anything less than the right to frame their own Constitution. Jawaharlal Nehru articulated the need for a Constituent Assembly in 1933, an idea earlier suggested by M.N. Roy.

1. The Congress Working Committee demanded a Constituent Assembly in 1934, elected on the basis of adult suffrage.
2. In the 1937 elections, Congress used its legislative power to push for a Constituent Assembly, and by 1939, Gandhiji also embraced this idea.
3. The Cripps Mission (1942) marked the first formal British acceptance of a Constituent Assembly, though it failed due to divisive proposals.

Important Note: The August Offer of 1940 was the first British concession, acknowledging that India’s constitution would largely be shaped by Indians themselves.

The Constituent Assembly’s Formation

The Constituent Assembly of India convened on 9 December 1946. Though Muslim League boycotted it, the Assembly began its deliberations, with Jawaharlal Nehru moving the famous Objectives Resolution.

1. The Assembly had 389 members, with 296 from British India and 93 from princely states.
2. Special efforts were made to ensure the Assembly represented India’s diverse population.
3. Committees, such as the Drafting Committee chaired by Dr. Ambedkar, were key in framing the constitution.

Congress played a pivotal role in shaping the constitution, holding detailed discussions within its forums before bringing issues to the Assembly.

Important Note: Despite the absence of the Muslim League, the Assembly was determined to proceed, reflecting India’s determination to shape its future independently of British oversight.

Main Provisions of the Indian Constitution

Adult Suffrage

The Constitution adopted adult suffrage, granting voting rights to all citizens above a certain age. This was a bold move in a society traditionally dominated by the upper castes and males.

1. The decision for direct elections by adult suffrage signaled faith in the common man.
2. Alladi Krishnaswami Ayyar, a key constitutional expert, supported this as a fundamental principle of democratic rule.
3. The introduction of adult suffrage had significant social implications, empowering previously marginalized communities.

Fundamental Rights and Directive Principles

The Fundamental Rights (Part III) and Directive Principles (Part IV) are at the heart of India’s commitment to social revolution.

1. Fundamental Rights guarantee civil liberties, protecting individuals and groups from state interference.
2. Directive Principles guide the state in shaping social and economic policies, though they are non-justiciable.
3. The Minerva Mills case (1980) established that both Fundamental Rights and Directive Principles are equally important and should be balanced.

Constitutional Amendments and Controversies

The First Amendment (1951) clarified the constitution’s stance on property rights, freedom of expression, and affirmative action.

1. Amendments ensured that zamindari abolition laws and affirmative action were protected.
2. Further amendments in 1955 redefined the right to property to facilitate land reforms.
3. The tension between individual freedom and public good was a recurring theme in constitutional discussions.

A Secular State

The Constitution’s declaration of India as a secular state was a reflection of the diverse religious landscape. Though the term secular was added in 1976 (42nd Amendment), the essence of secularism was always present.

1. Nehru described secularism as freedom of religion and conscience, where all religions coexist without interference.
2. Dr. Radhakrishnan emphasized that secularism aligned with India’s ancient tradition of religious tolerance.

Important Note: The Constitution’s secular framework ensures no religion receives preferential status, fostering equal participation for all citizens.

Conclusion

The Indian Constitution, with its Fundamental Rights, Directive Principles, and Preamble, reflects the nation’s vision of an egalitarian society. The continuous evolution of the Constitution through amendments and judicial interpretations has allowed it to respond to changing societal needs, balancing individual freedoms with public good.

MCQ:
Which of the following constitutional amendments affirmed the precedence of Directive Principles over Fundamental Rights?
A. 42nd Amendment
B. 25th Amendment
C. 44th Amendment
Answer: B

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