INDIAN CONSTITUTION

Published on 14 Jan 2025

India adopted its constitution on 26th November 1949 and it came into force on 26th January 1950, marking India as an independent republic. At its enactment, it had 39 articles in 22 parts and 8 schedules. Over the years it has been amended 105 times and presently has 470 articles, 25 parts and 12 schedules. This evolution with changing demands is responsible for the socio-political stability of India after 75 years of independence. 

Sources of the Indian Constitution

Indian constitution makers underwent a long process of analysing features of various constitutions while developing a constitution for India. They incorporated certain provisions from diverse constitutions that benefited the nation and the people. Alongside there were also certain provisions which were more indigenous, that were developed to suit Indian interests.

Borrowed provisions of the Indian constitution

• United Kingdom: Features like Parliamentary government, Bicameral legislature, Legislative procedure, Rule of Law, Prerogative writs, and Parliamentary privileges.

• USA: Fundamental rights, Impeachment of President, Post of Vice President, Judicial review, Removal of Supreme court and High court judge.

• Ireland: DPSP, Method of election of President, Nomination of members to the Rajya Sabha.

• Australia: Concurrent list, Joint sitting of the Parliament.

• France: Idea of equality, liberty, fraternity, Idea of republic.

• Canada: Appointment of Governor of states by Centre, Residual powers with central government, Advisory jurisdiction of Supreme court.

• Soviet Union: Fundamental duties, Idea of justice

• Weimar Republic: Suspension of fundamental rights during emergency

• South Africa: Amendment procedure of the constitution, Election of Rajya Sabha members.

• Japan: Procedure established by law.

Indigenous provisions of the Indian constitution

• Freedom of religion: Articles 25 to 28 protect individuals' right to religion but do not call for separation of state from religion. This aligns with the Indian breed of secularism.

• Reservation to socially backward: Articles 15 and 16 offer affirmative actions to socially and economically backward communities and prevent discrimination against lower castes. This is meant to compensate for historic disadvantages faced by certain communities.

• Minority Rights: Articles 29 and 30 offer the right to the minorities to protect their language, culture and traditional practices which suits a diverse nation like India.

• Asymmetric federalism: The division of power among states is asymmetric in India. The various provisions of Article 371 grant special powers to certain backward states.

• Protection of scheduled areas: The constitution grants privileges to scheduled and tribal areas through Schedule 5 and Schedule 6 thus providing them with wider scope for development.

• Empowering local body: The 73rd and 74th amendment gave constitutional backing to the promotion of local self-government which falls in line with Gandhian principle of village autonomy.

• Presence of progressive features: The Indian constitution had certain features that were very progressive even during its initiation. For instance, India extended voting rights to adults over 18 from 1947 but this provision was extended to the United Kingdom only in 1969.

Despite critics referring to India's constitution as a bag of borrowings, the document has many elements that reflect the Indian socio-political profile and Indian way of living which makes the Indian constitution a unique work.

Significance of the constitution 

There have been many concerns regarding India’s stability during its independence due to its massive population, diversity and undeveloped condition. However, India has maintained stability over 75 years and has emerged as a major global power in 2021. The farsightedness of the constitution has been crucial for  India’s success in these years.

• Political

• Protection of rights: The constitution offers fundamental and constitutional rights for the citizens and ensures these remain preserved and protected.

• Example: Articles 14 to 18 of the constitution ensure that equality is preserved in the society and no person is discriminated against.

• Defining the nature of the state: The constitution defines the character of the state and gives an overview of what to expect from the state.

• Example: The preamble mentions India to be a sovereign, socialist, secular, democratic and republic nation.

• Checking misuse of power: The constitution is a limiting document that fences the powers of the state and ensures they are not surpassing individual rights.

• Example: Article 21 protects an individual's life and personal liberty from arbitrary state action.

• Gives direction to the government: The constitution acts as a guiding light for the government in taking measures to ensure public welfare.

• Example: The provisions in the DPSP act as a guide for the government in exercising their power.

• Rule of law: The constitution is the supreme authority and the rule of law provision ensures that there is no arbitrary use of power.

• Example: Article 14 explicitly mentions that no person is above the law, thus bringing in the rule of law.

• Social

• Protection of socially backward communities: The provisions of affirmative action are an effort to do away with the historical discrimination met out to certain social groups. 

• Example: Article 15 and Article 17 prevent discrimination and incorporate provisions for social development.

• Protection of minorities: The constitution ensures that minorities are given the power to protect their culture and traditions.

• Example: Article 29 and Article 30 grants special powers to minorities.

• Protection of Tribals: Ensuring tribals are not alienated and offering scope for development in a way more suited to their lifestyle.

• Example: 6th schedule grants special powers to tribal areas of certain states and Article 338A creates an office of the National Commission for ST.

• Women upliftment: The constitution has incorporated articles that try to improve the socio-economic profile of women.

• Example: Article 39(d) mandates equal pay for equal work.

• Economic

• Protecting economically backward sections: The document has also made attempts to elevate the economically weaker sections of the society.

• Example: Article 15(6) empowers the state to make EWS reservation.

• Socialist goals: The constitution strives to reduce economic inequality and to bring economic justice to the people.

• Example: Article 39(c) calls for the prevention of concentration of wealth.

Tags:
Polity

Keywords:
INDIAN CONSTITUTION sources Indigenous provisions significance

Syllabus:
General Studies Paper 2

Topics:
Indian Constitution