Overview: A Short Guide To The Sources and Framing Of The Constitution

ABSTRACT

The Indian Constitution, which establishes the structure of the state and the government, is the fundamental legislation of the territory. It also specifies the duties and authority of the state's several agencies. It enforces restrictions on the state and controls how the state and its people interact. For the individuals it covers, it also represents and even works to create a shared national, political, and constitutional identity. On January 26, 1950, the Indian Constitution was ratified. It is India's highest law. It establishes the framework for the political, social, and economic aspects of the nation. A team under the direction of Dr. B.R. Ambedkar drafted the Indian Constitution. The goals of a democratic and varied country are reflected in the Constitution. In order to guarantee the preservation of individual liberties, it enshrines essential rights like equality, liberty, and justice. A parliamentary form of administration is also established under the Constitution, with the President serving as the head of state and the Prime Minister as the head of government. It is evidence of India's dedication to maintaining democratic values and promoting social justice.

KEYWORDS: Indian Constitution, Government, Preamble, Democratic, Federal, Fundamental.

INTRODUCTION

The Indian Constitution, which establishes the structure of the state and the government, is the fundamental legislation of the territory. It also specifies the duties and authority of the state's several agencies. It enforces restrictions on the state and controls how the state and its people interact. For the individuals it covers, it also represents and even works to create a shared national, political, and constitutional identity.

The Framing of Indian Constitution

The Indian Independence Act of 1947 granted complete independence to the Constituent Assembly, which had been elected in 1946. On December 13, 1946, the Assembly held its inaugural meeting where the following objective resolution was moved following the election of its interim president and the establishment of fundamental guidelines for conducting business.

1. Declaring India an Independent Sovereign Republic and drafting a Constitution for her future government;
2. Whereby the aforementioned areas, which are currently part of British India, the territory that currently make up the Indian States, as well as any further regions of India that are not part of British India or the States and any additional territories that are open to becoming an Independent, Sovereign India, will all be united under one union; and
3. Whereas the aforementioned territories, whether with their current borders or with others that the Constituent Assembly may determine and which subsequently may be determined in accordance with the law of the Constitution, shall possess and maintain the status of autonomous Units, along with residuary powers, and exercise all powers and functions of government and administration, with the exception of those that are inherent, implied, or vested in the Union; and
4. where all power and authority of the Sovereign Independent India, its constituent parts, and its governmental organs derive from the people; and
5. Wherein social, economic, and political justice; equality of status, of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association, and action, subject to political morality and the law; and
6. where sufficient protections for minorities, backward and tribal areas, depressed and other backward classes, and the integrity of the Republic's territory and its sovereign rights on land, sea, and air are guaranteed and secured to all the people of India; and
7. This historic land takes up its proper and honourable place in the world and voluntarily contributes fully to the advancement of global peace and human wellbeing.

Subsequently, the Resolution underwent the process of the remaining sections of the Constitution, and in addition to being reflected throughout, it gained particular significance in its Preamble. The Assembly established a number of committees to ensure that its business was conducted effectively and efficiently. Dr. Ambedkar chaired the Drafting Committee, which was tasked with drafting the Constitution and guiding it through the Assembly for passage on November 26, 1949. While the remainder of the Constitution went into force on January 26, 1950—also designated as the day of the Constitution's commencement—a handful of its sections went into effect on that day.

SOURCES OF INDIAN CONSTITUTION

The wide range of sources that make up the Indian Constitution is a reflection of the country's rich cultural heritage and lengthy history. The Constitution incorporates information from several sources, such as:

1. Indian constitutional law is largely influenced by British constitutional law, which includes the Westminster system of governance, the rule of law, and the concepts of democracy and parliamentary sovereignty. India was a British colony for more than 200 years.
2. The Indian Independence Act of 1947 established the two independent Dominions of India and Pakistan and laid the groundwork for the Indian Constitution to be adopted.
3. The Government of India Act, 1935, was the final constitution the British Parliament passed for India before to its independence. This act is the source of several provisions of the Indian Constitution, one of which being the separation of powers between the federal and state governments. The 1935 Act is frequently regarded as the Indian Constitution's fundamental framework. It established federalism as a fundamental idea, defining the boundaries of authority between the federal government and the provinces. The statute also created the position of Governor and laid the groundwork for an unbiased judicial interpretation of the law. It also outlined the Public Service Commission's organizational structure, emergency protocols, and comprehensive administrative guidelines. Every one of these elements was crucial in forming the government of India after independence.
4. Constitutions of other countries: Additionally, the Indian Constitution is influenced by the constitutions of other nations, including the US, Canada, Australia, and Ireland, which contributed to the development of the Indian Constitution's core values and organizational structures.
5. Indian national movement: The Indian Constitution was greatly influenced by the Indian national movement, which battled for India's independence from British colonial authority. The vision and principles of the Constitution were significantly shaped by figures like Jawaharlal Nehru, Dr. B.R. Ambedkar, and Mahatma Gandhi.
6. Judicial Decisions: Supreme Court and High Court rulings, which interpret and apply the Constitution's provisions to particular events and circumstances, have a significant influence on the Indian Constitution.

Overall, the Indian Constitution is a unique blend of various sources, reflecting the country’s diverse cultural and historical traditions, as well as its aspirations for a democratic, secular, and egalitarian society.[1]

BORROWED FEATURES

1. GOVERNMENT OF INDIA ACT , 1935

A. Federal Scheme
B. Office of Governor
C. Judiciary
D. Public Service Commission
E. Emergency Provisions
F. Administrative Details

1. AUSTRALIA

A. Concurrent List
B. Freedom of Trade, Commerce and Intercourse
C. Joint sitting of the two houses of Parliament

2. CANADA

A. Federation with a strong centre
B. Vesting of residuary powers in the centre
C. Appointment of State Government by the centre
D. Advisory Jurisdiction of the Supreme Court

3. IRELAND

A. Directive Principles of State Policies (DPSP)
B. Nomination of members to Rajya Sabha
C. Method of Election of the President.

4. JAPAN

A. Procedure established by Law

5. RUSSIA(SOVIET UNION), (USSR)

A. Fundamental Duties
B. Ideals of Justice in the Preamble (Social, Economic and Political)

6. U.K.

A. Parliamentary Government
B. Rule of Law
C. Legislative Procedure
D. Single Citizenship
E. Cabinet System
F. Writs
G. Parliamentary Privileges
H. Bicameralism

7. U.S.

A. Fundamental Rights
B. Independence of Judiciary
C. Judicial Review
D. Impeachment of the President
E. Removal of Supreme Court and High Court Judges
F. Post of Vice-President

8. GERMANY

A. Suspension of Fundamental rights during Emergency

9. SOUTH AFRICA

A. Procedure for Amendment in the Indian constitution.
B. Election of members of Rajya Sabha

Justice JR Madholkar first contested the Supreme Court's original stance—that any part of the Constitution is amendable as long as it complies with Article 368—in his 1964 dissent to the State of Rajasthan v. Sajjan Singh[2] ruling. This case involved the Fundamental Rights.

The decisive decision in the Kesavananda Bharati vs State of Kerala[3] proceedings (1973) addressed one primary question: Was the Parliament's ability to change any aspect of the Constitution unrestricted? Unlike the previous ruling in the 1967 Golaknath case[4], which established that the Parliament could not alter so as to take away the Fundamental Rights, this ruling held that the Constitution cannot be amended so as to affect the essential framework.

Framing the Constitution of India : The Constituent Assembly

The Indian constitution was drafted between December 9, 1946, and November 26, 1949. It was completed two months later, on January 26, 1950, which is observed as India's Republic Day. The years that went into crafting the Indian Constitution were particularly turbulent because of: 1942 saw the beginning of our country's Quit India movement, which was Subhas Chandra Bose's attempt to impose freedom via armed conflict. The Great Calcutta Killings in August 1946; the Indian Navy's ratings improved across the nation, including Bombay in 1946.

A draft committee was formed to consider the draft of the constitution, the other name was the Pandu Writing Committee. It was headed by Dr. Bhimrao Ambedkar and had 6 members and they are:

(i) Gopalaswami Iyengar

(ii) Alladi Krishnaswamy Iyengar

(iii) Mohammad Saadullah (Muslim League)

(iv) Kanhaiyalal Maniklal Munshi (Sole Congress Member)

(v) T. Krishnamachari who became a member of B.P. Khaitans death

(vi) Madhavrao.[5]

Timeline:

1945- In Britain, the Labour Government took office on July 26, 1945.

1946- On May 16, the Cabinet Mission revealed its proposed constitutional framework. On June 16, the Muslim League approved of the plan. On June 6, the plans to establish the Center's Interim Government were unveiled. On August 16, 1946, the Muslim League declared Direct Action Day. On September 2, Nehru was named Vice-President and an Interim Government was constituted. The Muslim League joined the Interim Government on October 13. From December 3–6, British Prime Minister Attlee visited with leaders of India. On December 9, sessions were introduced in the constituent assembly.

1947- The Muslim League called for the constituent assembly to be dissolved on January 29. The interim government's final meeting took place on July 16. On August 11, the Pakistani Constituent Assembly chose Jinnah to be their first president. August 14 is Pakistan's Independence Day. August 15 is India's Independence Day.

1949- The Indian Constitution was ratified in 1949.

The Making of the Constituent Assembly

• Constituent assembly was first proposed by M.N. Roy in 1934. Later, elections were held to constitute a constituent parliament under the Cabinet Mission Plan of 1946.
• The Constituent Assembly was established in order to draft an Indian constitution for independence.
• The members of the constituent assembly were selected from the provincial legislatures during 1945 and 1946 rather than using the universal adult franchise for elections.
• The Muslim League, who desired a different constitution for Pakistan, abstained from the Constituent Assembly.
• People in India were allegedly urged to analyse what needed to be changed for betterment and offer their opinions to officials in order to foster a sense of engagement.
• While dalits wanted a halt to caste persecution and all seat reservations, many linguistic minorities were alert to safeguard their mother tongue. Religious minorities want more protection.
• Topics such as cultural rights and social justice were discussed both on the Assembly floor and at these public forums.

CONCLUSION

The Indian founding fathers consulted a number of sources when drafting the constitution. Their journey was shaped by the principles and goals of the national movement. They adopted secularism as the ideal due to the influence of the national movement. They employed certain elements of the Government of India Act 1935, and they were influenced by and adopted several aspects of foreign constitutions. The Indian Constitution is the one most suitable with all these aspects to the surroundings of India. India has benefited from the Constitution's assistance in effectively organizing and managing her government and administration both during peacetime and conflict. The Preamble, core Rights, Directive Principles, Secularism, Federalism, Republicanism, Independence of the Judiciary, Rule of Law, and Liberal Democracy can be used to characterize the core elements of the Constitution.

REFERENCES

[1] https://www.centurylawfirm.in/blog/sources-of-indian-constitution/

[2] 1965 AIR 845, 1965 SCR (1) 933, AIR 1965 SUPREME COURT 845, 1965 (1) SCR 933, 1965 (1) SCJ 377, 1965 (1) SCWR 593

[3] AIR 1973 SUPREME COURT 1461, 1973 4 SCC 225

[4] 1967 AIR 1643, 1967 SCR (2) 762

[5] https://thedailyguardian.com/the-process-of-framing-of-the-indian-constitution/

[6] https://www.constitutionofindia.net/stages-of-constitution-making/

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