Indian Constitution: History and sources

Indian Constitution: History and sources:

Indian Constitution was adopted on 26^th of November 1949, however it came into force from 26^th of January 1950, one of reason being was on 26 January 1930 Purna Swaraj was declared by Pt. Jawaharlal Nehru in lahore (current Pakistan), subsequently in commomorance of the day the constitution completely adopted and came into force from 26^th January of 1950. The Indian constitution is the world’s longest handwritten constitution and originally it had 22-part, 8 schedule and 395 articles.

In the long and eventful history of India, 15 august 1947 holds immense importance. On this day the two centuries old British rule of India ended and political authority was transferred to the representatives of the Indian people.

Constitution of a country lays down the basic structure of the political system under which its people are to be governed. Tough the concept of democracy, representative institutions, and rule of law etc. were not alien to India as the Rigveda and the Atharvaveda mentions the Sabha (General Assembly) and the Smiti House of elders, yet we can claim that the conventional political institutions established by Hindus in the ancient times and later by the Muslims in medieval era do not survive in any form in present day. However, we can trace the history of evolution of Indian constitution from 1601 when east Indian company, which had come to India as traders, received its first charter of 1601 by the queen of England. As per the Charter 1601, the company was given the power to make, ordain, and constitute such and so many reasonable laws, constitution, orders and ordinances for the good governance of the company. The legislative powers of the company were very limited in its scope and character. Later, similar legislative powers were thus designed and affirmed by the Charters of 1609. 1661 and later by Charter 1693, which enabled the company to regulate its business and to maintain discipline among its servants. The charter of 1726 had a great significance as the mayors courts were established for the first time in India at the three Presidencies – Calcutta, Bombay and Madras – to introduce English laws in India. But still the British were not the ruling power in India and it was only in the later half of 17^th century, the period of gradual disintegration of Mughal power, that the British administration of civil justice evolved after the company was awarded the Diwani of Bengal, Bihar and Orissa. This led to misadministration of Indian affairs by the company officials when amassed great wealth and left for England leaving East India Company on verge of bankruptcy. A secret committee was appointed by British Parliament in 1772 that exposed several defects and lacunas in the administration of the company. Consequently, the Parliament passed the Regulating Act of 1773 to regulate the affairs of East India Company.

 

The task of framing the Constitution of India was given to the Constituent assembly, formed under the Cabinet mission plan 1946 even before the complete transfer of power that was affected by the Indian Independence Act 1947. It composed of members chosen by the members of the Provincial Legislative Assemblies through indirect election according to the scheme recommended by the Cabinet Mission.   

The arrangements were as 389 seats (93 princely states and 292 were elected through provincial legislative assemblies and 4 Chief Commissioners Provinces). However, after partition the strength of members in assembly was reduced to 299. First meeting of constituent assembly was on December 9, 1946 and Sachidanand Sinha elected was the first chairman. 2^nd meeting was on December 11, 1946 in this assembly Dr. Rajender prasad was elected as chairman.

Initially the assembly was not a sovereign body but was subject to the final authority of the British Parliament. It was the Indian Independence Act 1947 that triggered a complete change in its character, as it was converted into a Sovereign body that later reassembled on 14 August 1947 to assume power on behalf of the Government of India. Thus, the three phases of the Constituent assembly can be describe as; first phase – as Constituent Assembly under the Limitations of Cabinet mission plan from December to 14 August 1947; Second Phase – as Constituent Assembly , a sovereign body and Provisional Parliament from 15 August 1947 to 26 November 1949 and; Third Phase- as a Provisional Parliament from 27 November 1949 to March 1952.

The Constitution is not to be interpreted as a mere law, but as the machinery by which law as are made. The Constitution of India now consists of: 1 the preamble 2 Parts !-XXII , covering Articles 1- 395 and; 3 Schedules 1-12 and the Appendix.

 

Source of inspiration	Feature that inspired
Government of India Act 1935	Federal System, Office of Governor, Public service Commission, emergency (however this was adopted by Germany), Judiciary and executives
British Constitution	Parliamentary system, Single citizenship , Rule of law, Bi-cameral system , cabinet and writs from Britain (although many of inspiration were also from Indian Government act 1919)
Ireland’s constitution	DPSP (Directive Principal to State Policy), Nomination of the Rajya sabha members and election of president.
Russian Constitution	fundamental duties and Social, Political and Economic Justice as enumerated in preamble.
U.S. Constitution	Preamble, Fundamental rights (From Bill of Rights), Free judiciary , Impeachment, vice president ex-officio chairman of Council of state(Rajya sabha), President as Executive head and the Supreme commander of Armed Forces, and removal of Supreme court and High Court Judges.
South Africa constitution	to amend the constitution, and election of the members of Rajya sabha
Australian Constitution	Joint assembly, free trade and concurrent list
Canada Constitution	Federal government with strong center, appointment of Governor, Residuary power lies with center, Advisory jurisdiction of Supreme court.
Germany constitution	Suspension of Fundamental rights during emergency.
Japanese Constitution	Procedure Established by law
French Constitution	Enumerated in preamble , Republic and the ideals of liberty, equality and fraternity.