Introduction

Republic Day
Giuliano Colliva—TIPS/Dinodia
Giuliano Colliva—TIPS/Dinodia
The constitution of India is the document and related practices that form the
fundamental organizing principle of the Republic of India. It came into effect on
January 26, 1950. The constitution proclaims the country “a sovereign socialist
secular democratic republic.” It establishes India as a parliamentary democracy
with powers divided between the union (central) government and the state
governments. The constitution provides for a legislature with two houses: the Lok
Sabha and the Rajya Sabha. The president is head of state, and the prime minister
is head of government.

Framing the Constitution

The constitution of India was drafted by a body named the Constituent Assembly. Its
members were indirectly elected according to a plan put forth by the British
Cabinet Mission of 1946 (see India: “Birth of the New Nations”). The assembly
included members selected by the provincial legislatures of British India as well
as representatives chosen by the rulers of the princely states. The Indian National
Congress (the Congress Party) won the great majority of the seats in the assembly.
Various segments of Indian society were represented; members of the assembly
included Hindus, Muslims, Sikhs, people from both high-status and low-status
castes, tribal peoples, women, and others.

Constituent Assembly, India

Encyclopædia Britannica, Inc.
Encyclopædia Britannica, Inc.
The Constituent Assembly first met on December 9, 1946. On December 13, Jawaharlal
Nehru put forth the Objectives Resolution, which was adopted on January 22, 1947.
It stated that the assembly was resolved to proclaim India an independent sovereign
republic, with the authority of the government deriving from the country’s people.
The resolution’s ideals regarding equality and justice for all Indian citizens were
later enshrined in the preamble to the constitution. After India became independent
on August 15, 1947, the Constituent Assembly also served as the new country’s first
legislature. The assembly then had 299 members.

In addition to Nehru, some of the key members of the Constituent Assembly were
Bhimrao Ramji Ambedkar, Vallabhbhai Patel, Abul Kalam Azad, Benegal Narsing Rau,
and Rajendra Prasad. Prasad was elected to lead the assembly, which formed a number
of committees. Prasad headed the steering committee and committees on finance and
rules of procedure. The committee charged with drafting the constitution was led by
Ambedkar. Rau served as the chief constitutional adviser. Nehru led committees on
the powers of the union (central) government, the union constitution, and the
princely states. Patel chaired the committee on the constitutions of the provinces
(later the states) as well as the advisory committee, which dealt with fundamental
rights, minorities, and tribal and excluded areas. The various committees
researched and wrote reports, which were presented to the assembly for the
deliberation of the entire body.

The Constituent Assembly met for 165 days, in 11 sessions spread over nearly three
years. The constitution of India was adopted on November 26, 1949. It was signed on
January 24, 1950, by 284 members of the Constituent Assembly, and it took effect
two days later.

Features of the Constitution

The framers of India’s constitution were most heavily influenced by the British
model of parliamentary democracy. They did, however, draw on many external sources
as well. A number of principles were adopted from the Constitution of the United
States of America. Among these were the separation of powers among the major
branches of government and the establishment of a supreme court. As in the U.S.
Constitution, the Indian constitution provides for a federal structure, in which
power is divided between the union (central) government and the state governments.
The mechanical details for running the central government of India, however, were
largely carried over from the Government of India Act of 1935, passed by the
British Parliament. This act had served as India’s constitution in the last years
of British colonial rule.

The constitution of India is one of the longest and most detailed constitutions in
the world. It has 395 articles, 12 schedules (each clarifying and expanding upon a
number of articles), and 100 amendments.

Declared in the constitution’s preamble are the objectives of securing for all
India’s citizens “JUSTICE, social, economic and political; LIBERTY of thought,
expression, belief, faith and worship; and EQUALITY of status and of opportunity”
and of promoting “FRATERNITY assuring the dignity of the individual and the unity
and integrity of the Nation.” Part III of the constitution includes a detailed list
of the “fundamental rights” of the country’s citizens. Among these rights are
equality before the law, equal protection of the law, and freedom of speech,
peaceable assembly, association, movement, and religion. Part III bans
discrimination based on “religion, race, caste, sex, [or] place of birth” and
abolishes “untouchability” (see India: “Caste”).

Part IV of the constitution consists of a lengthy list of “directive principles of

state policy.” These principles are goals that India’s central, state, and local
governments must promote. However, there are no specified timetables for their
accomplishment. The idea for the directive principles was taken from the
constitution of Ireland. Among the many goals in the Indian directive principles
are that citizens have a right to enjoy a “decent” standard of living, that women
receive equal pay for equal work, and that public resources are to serve the common
good. Village councils called panchayats are to be formed to allow for local self-
government. Free and compulsory education is to be provided for children. Other
principles order the improvement of public health and the protection of the
environment. Part IVA of the Indian constitution provides a much shorter list of
“fundamental duties” of the citizen.

Most of the rest of the constitution outlines in great detail the structure,
powers, and manner of operation of the union (central) government and the state
governments. The constitution also includes provisions for protecting the rights
and promoting the interests of certain classes of citizens. Among these citizens
are members of disadvantaged social groups officially designated as “Scheduled
Castes” and “Scheduled Tribes.” The Scheduled Castes include groups that have
traditionally occupied a low position in the caste system. The Scheduled Tribes are
indigenous tribal peoples who fall outside India’s mainstream social structure.

The Indian constitution also details the process for constitutional amendment.
India’s constitution is extraordinarily specific. For this reason, amendments have
frequently been required to deal with issues that in other countries would be
handled by routine legislation. In India constitutional amendments average nearly
two per year. With a few exceptions, the passage of an amendment requires only a
simple majority of both houses of parliament, but this majority must form two-
thirds of those present and voting on the amendment bill. The president must then
assent to the bill. Amendments to certain parts of the constitution also require
ratification by at least half of the state legislatures.