Framing of the Indian Constitution

Framing of the Indian Constitution

The Constitution of India is not just a document but the cornerstone of the world’s largest democracy. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. Here is an educational article that encapsulates the essence of the Indian Constitution’s framing.

Indian Polity

Indian Polity refers to the system of governance in the Republic of India. It encompasses the political process, the functioning of the government, the rule of law, and the role of the Constitution as the supreme law of the land. The Indian political system is a federal structure with a unitary spirit, ensuring both the autonomy of state governments and the strength of the central government⁵.

Framing of the Constitution

The framing of the Indian Constitution was a monumental task that involved deliberations, debates, and the collective wisdom of the Constituent Assembly. The process was initiated by the demands of the Indian National Congress in the 1930s and took concrete shape after World War II, when the British government, through the Cabinet Mission of 1946, sanctioned the creation of a Constituent Assembly to draft a Constitution for independent India⁹.

The Cabinet Mission

The Cabinet Mission of 1946 was pivotal in the framing of the Indian Constitution. Comprising three British Cabinet members, it aimed to discuss the transfer of power from British to Indian leadership. The Mission proposed a federal plan for India and recommended the formation of a Constituent Assembly, which would include both representatives from provinces and princely states¹³.

First Interim National Government

The first Interim National Government of India was formed on 2nd September 1946. It was a transitional government that functioned until India gained independence on 15th August 1947. This government was responsible for administering the country during the transition period and included members from both the Indian National Congress and the Muslim League[^20^].

The Constituent Assembly

The Constituent Assembly, which first met on 9th December 1946, was a body of elected representatives tasked with drafting the Constitution. It worked tirelessly to put together a document that reflected the aspirations and values of the diverse Indian populace. The Assembly was also India’s first Parliament post-independence¹.

Sources of our Constitution

The Indian Constitution is unique in its content and spirit, though it has borrowed several features from other constitutions across the world. The framers of the Constitution took inspiration from the Government of India Act of 1935, the US Constitution, the UK’s Parliamentary system, the Irish Constitution’s Directive Principles, and many other sources. This amalgamation has resulted in a Constitution that is both indigenous and global in its outlook.

Here’s a list of the sources from which the Indian Constitution has borrowed features:

1. Government of India Act, 1935: Provided the federal scheme, office of governor, judiciary, public service commissions, emergency provisions, and administrative details¹.
2. United Kingdom: Parliamentary government, rule of law, legislative procedure, single citizenship, cabinet system, prerogative writs, parliamentary privileges, and bicameralism¹.
3. United States: Fundamental rights, independence of judiciary, judicial review, impeachment of the president, removal of Supreme Court and High Court judges, and the post of vice-president¹.
4. Ireland: Directive Principles of State Policy, nomination of members to Rajya Sabha, and the method of election of the president¹.
5. Canada: Federation with a strong Centre, vesting of residuary powers in the Centre, appointment of state governors by the Centre, and advisory jurisdiction of the Supreme Court¹.
6. Australia: Concurrent list, freedom of trade, commerce and intercourse, and joint-sitting of the two Houses of Parliament¹.
7. Germany (Weimar Constitution): Suspension of Fundamental Rights during emergency¹.
8. South Africa: Procedure for amendment of the Constitution and election of members of Rajya Sabha¹.
9. France: Republic, and the ideals of liberty, equality, and fraternity in the Preamble¹.
10. Soviet Union (USSR): Fundamental duties and the ideals of justice (social, economic, and political) in the Preamble¹.
11. Japan: Procedure established by law¹.

These sources reflect the diverse influences that have shaped the Indian Constitution, making it a unique document that caters to the needs and aspirations of its people. The framers of the Constitution took the best features from these sources and adapted them to the Indian context.

The Constitution of India, adopted on 26th January 1950, is a living document that continues to evolve. It is a testament to the foresight of its creators and remains the guiding light for the nation’s democratic journey.

Read Political Science For All Govt Exam in India.