UPSC GS 2 - Indian Constitution - Historical underpinnings, evolution #UPSCSeries #AspireGPSC

 

The Indian Constitution is the supreme law of the land and forms the basis of the Indian political system. 

The Constitution was adopted on 26th November, 1949 and came into effect on 26th January, 1950. The Constitution of India is the longest written constitution of any sovereign country in the world, containing 448 articles in 25 parts, 12 schedules and 118 amendments. The Constitution lays down the framework for the government of India and the rights and duties of its citizens.

The historical underpinnings of the Indian Constitution can be traced back to the colonial period and the Indian independence movement. The British colonial government in India had a significant influence on the formation of the Indian Constitution. The Indian Constitution was heavily influenced by the Government of India Act 1935, which served as the basis for the Constitution. Additionally, the Constitution also drew inspiration from the constitutions of other countries, such as the United States, the United Kingdom, and Ireland.

The evolution of the Indian Constitution can be divided into three phases: the Constituent Assembly, the drafting process and the adoption. The Constituent Assembly was formed in 1946, with the purpose of drafting a Constitution for India. The drafting process took place between 1947 and 1949, with the drafting committee headed by Dr. B. R. Ambedkar. The Constitution was adopted by the Constituent Assembly on 26th November, 1949, and it came into effect on 26th January, 1950.

The Indian Constitution has several key features that set it apart from other constitutions. Some of the important features are:

Federal structure of government:

The Indian Constitution establishes a federal structure of government, with power divided between the central government and the state governments.

Fundamental rights:

The Constitution guarantees certain basic rights to citizens, such as the right to freedom of speech, religion, and equality before the law.

Directive principles of state policy:

The Constitution lays down certain principles that the government should strive to achieve, such as social justice and economic welfare.

Independent judiciary:

The Constitution establishes an independent judiciary, with the Supreme Court at the top, to ensure the protection of citizens' rights and the rule of law.

Emergency provisions:

The Constitution contains provisions for dealing with national emergencies, such as war, external aggression, and internal disturbance.

Amending process:

The Constitution lays down a specific procedure for amending it, which is a difficult process.

The Indian Constitution has undergone several amendments since its adoption in 1950. Some of the important amendments include:

The First Amendment Act of 1951: 

This amendment dealt with issues such as freedom of speech and expression, and the rights of property.

The 42nd Amendment Act of 1976:

This amendment was significant as it increased the power of the central government at the expense of the state governments.

The Indian Constitution is a living document that has undergone significant changes over time to adapt to the changing needs of the nation. It serves as the foundation of the Indian political system and is the basis for the rights and duties of Indian citizens.

Before the adoption of the Indian Constitution in 1950, several acts were passed by the British colonial government in India that laid the foundation for the formation of the Constitution. Some of the important acts are:

The Regulating Act of 1773:

This act established the office of the Governor-General of Bengal and gave him the power to control the other presidencies of Madras and Bombay. It marked the beginning of centralized administration in India.

The Pitts India Act of 1784:

This act created a dual system of government in India, with the British government retaining control over the "revenues" (taxes) and "civil and criminal justice" while the East India Company retained control over "commerce and trade".

The Charter Act of 1813:

This act abolished the trade monopoly of the East India Company and opened India to trade with other countries. It also extended the life of the East India Company for another 20 years.

The Charter Act of 1833:

This act abolished the East India Company's territorial possessions in India and transferred them to the British Crown. It also abolished the system of dual government and established the principle of direct British rule in India.

The Government of India Act 1858:

This act abolished the East India Company and transferred the control of India to the British Crown. It established the office of the Viceroy of India, who was to be the representative of the British Monarch in India.

The Indian Councils Act of 1861:

This act expanded the membership of the Governor-General's Council and allowed for the appointment of non-officials as members. It also allowed for the introduction of legislative councils in provinces.

The Indian Councils Act of 1892:

This act expanded the membership of the legislative councils and allowed for the participation of Indians in the law-making process.

The Government of India Act of 1935:

This act provided for the establishment of an All-India Federation and a system of dyarchy (a system of government in which certain powers are divided between different levels of government) in the provinces. It served as the basis for the Indian Constitution.

These acts helped to shape the political and administrative system of India during the colonial period and laid the foundation for the formation of the Indian Constitution. The Indian Constitution incorporated many of the principles and structures established in these acts, while also introducing new ideas and concepts to reflect the aspirations of the Indian people for self-government and self-rule.

Another important act before the adoption of the Indian Constitution is the Indian Independence Act of 1947. This act, passed by the British Parliament, granted independence to India and Pakistan, and marked the end of British colonial rule in the subcontinent. The act provided for the partition of British India into two independent countries, India and Pakistan, and for the transfer of power from the British government to the newly formed governments of India and Pakistan. It also established the office of the Governor-General, who would represent the British Monarch in the two countries.

The Indian Independence Act of 1947 also provided for the following:

- The dissolution of the British Indian Empire and the creation of two independent dominions of India and Pakistan.

- The appointment of the Governors-General of India and Pakistan, who would be appointed by the British Monarch but responsible to the respective Constituent Assemblies of the two countries.

- The appointment of the Constituent Assembly of India, which would be responsible for drafting the Constitution of India.

- The transfer of power to the Constituent Assembly of India on August 15, 1947, which is celebrated as Independence Day in India.

The Indian Independence Act of 1947 was a major turning point in Indian history, as it marked the end of British rule and the beginning of a new era of self-rule for India. It also laid the foundation for the adoption of the Indian Constitution, which was adopted on 26th January 1950, and came into effect on 26th January, 1950. The act was significant as it marked the end of British colonial rule and the beginning of an independent India.

UPSC GS 1 - Post-independence consolidation and reorganization within the country

In conclusion,

The Indian Constitution is the supreme law of India and has its historical underpinnings in the acts passed by the British colonial government in India before independence. The Regulating Act of 1773, The Pitts India Act of 1784, The Charter Act of 1813, The Charter Act of 1833, The Government of India Act 1858, The Indian Councils Act of 1861, The Indian Councils Act of 1892, The Government of India Act of 1935 and The Indian Independence Act of 1947 were some of the major acts that shaped the political and administrative system of India during the colonial period and laid the foundation for the formation of the Indian Constitution. The Indian Independence Act of 1947 marked the end of British colonial rule in India and the beginning of a new era of self-rule for India. The Indian Constitution, adopted on 26th January 1950, and came into effect on 26th January, 1950, incorporated many of the principles and structures established in these acts, while also introducing new ideas and concepts to reflect the aspirations of the Indian people for self-government and self-rule. The Indian Constitution guarantees the rights of citizens, lays down the framework for the government, and provides for the functioning of the judiciary. It serves as the supreme law of the land and is the backbone of India's democracy.