Indian constitution

• The election to the Constituent Assembly was held based on the proposals of the Cabinet Mission, where members of both the Indian National Congress and the Muslim League were returned
• Differences between the Indian National Congress and the Muslim League arose on the interpretation of "Group Clauses" of the Cabinet Mission, leading to the British government acknowledging the possibility of two Constituent Assemblies and two States
• The Constituent Assembly of India did not represent the masses as its representatives were not elected through universal adult franchise, but rather indirectly elected by the restricted adult franchise confined to the elite sections of society
• Despite being elected through a restricted adult franchise, the Constituent Assembly represented different shades of opinions and religious communities of India, with a majority of Indian National Congress members and also including representatives from minority communities and viewpoints
• The Constituent Assembly sought to accommodate universal values of democracy by incorporating provisions from different constitutions of the world and adopting "two wholly Indian concepts" of resolving differences among its members: consensus and accommodation
• Dr. B.R. Ambedkar played a pivotal role in drafting the Indian Constitution as the chairman of the Drafting Committee, with T.T. Krishnamachari acknowledging his commendable work in achieving this task
• The Constituent Assembly divided its work among different committees for smooth functioning, including the Union Power Committee chaired by Jawaharlal Nehru, and the Committee on Fundamental Rights and Minorities chaired by Sardar Ballabh bhai Patel
• The drafting of the Indian Constitution was completed by October 17, 1949, after several sessions of discussion and was finalized on November 26, 1949, with January 26, 1950, marking the commencement date of the Constitution
• The philosophical bases of the Indian Constitution reflect the diverse ideological and social backgrounds of the members of the Constituent Assembly, who reached a consensus after serious debates and discussions
• In the Constituent Assembly of India, key members like Maulana Azad, Jawaharlal Nehru, Vallabhbhai Patel, and Rajendra Prasad formed "an oligarchy within the Assembly" according to Granville Austin
• B.N. Rau, although not a member of the Constituent Assembly, played an important role as an advisor with experience in western constitutional traditions
• The Gandhian Constitutional Vision, seeking to make Panchayats the nucleus of Indian political life and embody Hindu spiritual values in the Constitution, was rejected
• The Indian Constitution reflects core democratic values such as republicanism, individual and group rights, constitutional enumeration of rights, universal suffrage, parliamentary democracy, separation of powers, and division of power between Union and states
• The Constituent Assembly of India had over fifteen committees with more than eighty members, whose reports between April-August 1947 were considered in shaping the Constitution
• Dr. B.R. Ambedkar and his colleagues in the Drafting Committee gave the final shape to the Constitution based on decisions from the committee reports
• The draft Constitution was presented to the Constituent Assembly on 4 November 1948 and completed its second reading on 17 October 1949 after discussing 7635 amendments
• The Constitution was finally approved on 26 November 1949, signed by the President of the Assembly, and came into force on 26 January 1950
• The philosophical underpinnings of the Constituent Assembly of India included sovereignty, democratic values, decision-making by consensus, accommodation, selection and modification, fundamental rights, secularism, socialism, reservation for minorities, and adult franchise
• Critics of the Constituent Assembly argued it was an elite body dominated by the Congress party, but scholars like Austin and Kashyap highlighted its unique role in balancing stability and adaptability in framing the Constitution
• The Constitution of India was adopted by the Constituent Assembly on 26th November, 1949
• The framers of the 1949 Constitution considered the best features of other countries' constitutions, modifying them to suit Indian conditions
• The Indian Constitution is the most lengthy and detailed due to the vastness of the country and its socio-economic and political challenges
• The Preamble of the Indian Constitution embodies its basic objectives and main purposes
• The Preamble declares India as a Sovereign, Socialist, Secular, and Democratic Republic, ensuring justice, liberty, equality, and fraternity to all citizens
• Federalism in India has dominant unitary features due to historical challenges like communal violence and regional pulls
• Despite Article 1 mentioning a dual polity, India remains a unified polity with general supremacy given to the Union Parliament and Executive over the States
• The Fundamental Rights in the Indian Constitution were influenced by various sources like the American Constitution, French Declaration of the Rights of Man, and Universal Human Rights Charter of the UNO
• Directive Principles of State Policy in the Indian Constitution contain positive obligations of the State towards its citizens, aiming to achieve economic and social democracy
• Directive Principles of State Policy in the Indian Constitution:

  • Aim to establish social and economic democracy in India
  • Includes provisions for securing work, a living wage, a decent standard of life, leisure, and social and cultural opportunities
  • Also aims to promote cottage industries and secure workers' participation in the management of undertakings
• Directive Principles are non-justiciable under Article 37, meaning courts have no power to enforce them, unlike Fundamental Rights which are enforceable
• Fundamental Duties for Indian citizens include:

  • Abiding by the Constitution, respecting its ideals, institutions, the National Flag, and the National Anthem
  • Upholding and protecting the sovereignty, unity, and integrity of India
  • Promoting harmony and the spirit of common brotherhood, renouncing practices derogatory to women, and valuing the composite culture
  • Safeguarding public property, developing scientific temper, and striving towards excellence in all spheres of activity
• Legislative powers in India are distributed between the Union and the States, with three lists: Union List, State List, and Concurrent List
• The Parliament of India consists of the President, the Rajya Sabha (Council of States), and the Lok Sabha (House of the People)
• The Rajya Sabha has limitations compared to the Lok Sabha, such as not being able to introduce or amend Money Bills
• The structure of State Legislatures in India is similar to the Union Legislature, with some states having two Houses while most have a single House
• The Executive in India follows a parliamentary model, with the President as the nominal head and the Prime Minister as the real Executive
• The Executive in Indian States mirrors the Union Government's structure, with a Governor as the head of the State and a Chief Minister as the chief executive
• The Supreme Court of India has jurisdiction over various matters, including original, appellate, advisory, and review jurisdiction
• The Supreme Court has exclusive jurisdiction in disputes between the Union and a State, between one State and another, or between a group of states and others
• The Supreme Court is the guardian of the Fundamental Rights of the citizen