Constitution of India: Salient Features, Historical Background, Drafting Committee

Constitution of India: Salient features, historical background, drafting
committee:
 Salient Features of the Constitution of India
1. Lengthiest Constitution: The Constitution of India is the lengthiest written constitution

in the world. It originally had 395 articles divided into 22 parts and 8 schedules.
Currently, it has over 470 articles divided into 25 parts and 12 schedules.
2. Federal System with Unitary Bias: It establishes a federal system of government with a
strong unitary bias. There is a division of powers between the central and state
governments, but the center has more authority.
3. Parliamentary System: It adopts a parliamentary system of government where the
executive is responsible to the legislature.
4. Fundamental Rights and Duties: It includes a detailed list of Fundamental Rights (Part
III) and Fundamental Duties (Part IV-A) of the citizens.
5. Directive Principles of State Policy: It incorporates Directive Principles of State Policy
(Part IV) which are guidelines to the central and state governments for framing policies
and laws.
6. Independent Judiciary: It establishes an independent judiciary with the Supreme Court
at the top.
7. Secular State: The Constitution declares India as a secular state, meaning that there is no
state religion, and all religions are treated equally.
8. Republic: India is a republic, meaning the head of the state (the President) is elected and
not a hereditary monarch.
9. Single Citizenship: Unlike some federal countries, India follows the principle of single
citizenship, where every Indian is a citizen of India only.
10. Universal Adult Franchise: It grants the right to vote to every citizen above the age of
18, irrespective of caste, religion, or gender.
11. Emergency Provisions: It contains provisions for the declaration of an emergency and
grants extensive powers to the central government during such periods.
12. Amendment Procedure: The Constitution provides for its amendment, making it a
dynamic document that can evolve over time.
Historical Background
1. Colonial Rule: The historical background of the Constitution of India dates back to the
colonial rule when India was under British dominion. The British introduced various acts
and reforms that influenced the constitutional development in India, such as the
Government of India Acts of 1919 and 1935.
2. Indian National Congress and Freedom Movement: The Indian National Congress,
formed in 1885, played a pivotal role in the freedom movement and in demanding self-
governance and constitutional reforms.
3. Cabinet Mission Plan (1946): The Cabinet Mission Plan proposed the formation of a
Constituent Assembly to draft a constitution for India.
4. Independence and Partition: India gained independence from British rule on August 15,
1947, and was partitioned into two dominions, India and Pakistan.
5. Constituent Assembly: The Constituent Assembly was formed in 1946 to draft the
Constitution of India. It consisted of representatives from various provinces and princely
states.
Drafting Committee
1. Formation: The Drafting Committee was appointed by the Constituent Assembly on

August 29, 1947. Dr. B.R. Ambedkar was appointed as the Chairman of the Drafting
Committee.
2. Members: The Drafting Committee had seven members:
o Dr. B.R. Ambedkar (Chairman)
o N. Gopalaswami Ayyangar
o Alladi Krishnaswamy Ayyar
o K.M. Munshi
o Syed Mohammad Saadulla
o N. Madhava Rau (replaced B.L. Mitter who resigned due to ill-health)
o T.T. Krishnamachari (replaced D.P. Khaitan who passed away)
3. Role: The Drafting Committee was responsible for preparing the draft of the new
Constitution, which was then deliberated upon by the Constituent Assembly. It
scrutinized and revised the draft based on the discussions and suggestions from the
Assembly.
4. Drafting Process: The Committee worked tirelessly, holding numerous meetings and
discussions. The first draft was prepared in February 1948, and after several revisions and
debates, the final draft was adopted by the Constituent Assembly on November 26, 1949.
5. Adoption and Enforcement: The Constitution was adopted on November 26, 1949, and
came into effect on January 26, 1950, which is celebrated as Republic Day in India.
The Constitution of India, thus, is a product of extensive deliberations, debates, and contributions
from various leaders, reflecting the aspirations and values of a newly independent nation.
 Preamble of the Constitution: Significance and interpretation
The Preamble to the Constitution of India reads:
"WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its
citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION."
Significance of the Preamble
1. Philosophical Basis: The Preamble encapsulates the underlying philosophy and

fundamental values of the Constitution. It reflects the aspirations and goals of the people
of India.
2. Nature of the State: It declares India to be a sovereign, socialist, secular, democratic
republic. These terms define the nature and essence of the Indian State.
3. Objectives of the Constitution: The Preamble outlines the objectives that the
Constitution seeks to achieve, namely justice, liberty, equality, and fraternity. These
objectives are the guiding principles for governance and law-making in India.
4. Source of Authority: The Preamble begins with "We, the People of India," indicating
that the authority of the Constitution is derived from the people of India. It signifies the
democratic principle that the ultimate power rests with the people.
5. Introductory Statement: Although the Preamble is not enforceable by law, it serves as a
preface or an introduction to the Constitution, helping in the interpretation of the
Constitution’s provisions.
Interpretation of the Preamble
1. Sovereign: This means that India is a free and independent country, not subject to any
external authority. The government has the power to make decisions without interference
from foreign powers.
2. Socialist: This reflects the commitment to social and economic equality. The term was
added by the 42nd Amendment Act of 1976. It aims at reducing income inequality and
providing a decent standard of living for all citizens.
3. Secular: This implies that the state has no official religion and treats all religions equally.
The state does not discriminate against any individual on the basis of religion. This term
was also added by the 42nd Amendment Act of 1976.
4. Democratic: This denotes that India has a system of government where the supreme
power lies with the people, exercised directly or through elected representatives. It
ensures a government by the people, for the people, and of the people.
5. Republic: This indicates that the head of the state is elected and is not a hereditary
monarch. In India, the President is the elected head of state.
6. Justice: The Preamble envisions three types of justice - social, economic, and political.
This means that there should be fairness in social interactions, economic transactions, and
political activities, ensuring equal opportunities for all.
7. Liberty: This signifies the freedom of thought, expression, belief, faith, and worship. The
Constitution guarantees these freedoms to ensure that individuals can develop their
potential and live without undue restrictions.
8. Equality: This means that all citizens are equal before the law and have equal access to
opportunities. The state shall not discriminate against any individual on the grounds of
religion, race, caste, sex, or place of birth.
9. Fraternity: This emphasizes the spirit of brotherhood among all citizens, assuring the
dignity of the individual and the unity and integrity of the nation. It aims to promote a
sense of common belonging and mutual respect among the diverse population of India.
Judicial Interpretation
The Preamble has been subject to judicial interpretation to elucidate its significance and role in
the Constitution. Some landmark judgments include:
1. Berubari Union Case (1960): The Supreme Court initially stated that the Preamble is
not a part of the Constitution and thus cannot be considered for interpreting the
Constitution's provisions.
2. Kesavananda Bharati Case (1973): The Supreme Court overruled its earlier decision,
declaring that the Preamble is an integral part of the Constitution. It held that the
Preamble reflects the basic structure and fundamental principles of the Constitution,
which cannot be amended or destroyed.
3. S.R. Bommai Case (1994): The Supreme Court reiterated the importance of the
Preamble in understanding the Constitution's objectives. It emphasized that the Preamble
serves as a guiding light for interpreting the Constitution and its provisions.
Conclusion
The Preamble to the Constitution of India serves as a concise yet comprehensive statement of the
country's foundational values, principles, and aspirations. It is a testament to the vision of the
framers of the Constitution and continues to guide the interpretation and implementation of
constitutional provisions, ensuring that India remains a sovereign, socialist, secular, democratic
republic dedicated to achieving justice, liberty, equality, and fraternity for all its citizens.

Constitution of India: Salient Features, Historical Background, Drafting Committee

Uploaded by

Copyright:

Available Formats

Constitution of India: Salient Features, Historical Background, Drafting Committee

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Constitution of India: Salient Features, Historical Background, Drafting Committee

Uploaded by

Copyright:

Available Formats

Constitution of India: Salient features, historical background, drafting

 Salient Features of the Constitution of India

1. Lengthiest Constitution: The Constitution of India is the lengthiest written constitution

1. Formation: The Drafting Committee was appointed by the Constituent Assembly on

 Preamble of the Constitution: Significance and interpretation

The Preamble to the Constitution of India reads:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity; and to promote among them all

Significance of the Preamble

1. Philosophical Basis: The Preamble encapsulates the underlying philosophy and

Interpretation of the Preamble

You might also like