India’s approach to constitutionalism and political doctrine

The historical evolution of the Indian Constitution can be understood by studying how various institutions like the Cabinet system, provincial autonomy, and other governance structures gradually developed -

Antara Hazarika and Madhurjya Saikia

(madhurjyatu15@gmail.com)

The making of the Indian Constitution was a long, emotional, and historic
journey marked by struggle, sacrifice, and extraordinary vision. After centuries of colonial rule, India faced immense challenges such as the trauma of partition, communal violence, fragmentation of princely states, and the country's vast diversity of languages, religions, and regions. The Constituent Assembly had to unite a deeply divided nation while ensuring equality, justice, and fundamental freedoms for all citizens. Leaders like Dr B.R. Ambedkar, Jawaharlal Nehru, Sardar Patel, Dr Rajendra Prasad, and many others debated every article for almost three years - two years, 11 months, and 18 days - to produce a constitution that balanced federalism with strong national unity, protected minority rights, removed social discrimination, and aimed to build a welfare state. They combined India's ancient democratic traditions and values with modern western parliamentary practices to create a vibrant democracy based on liberty, equality, and fraternity. The universal adult suffrage-allowing every adult to vote-was one of the boldest steps, laying the foundation for government "of the people, by the people, and for the people."

The historical evolution of the Indian Constitution can be understood by studying how various institutions like the Cabinet system, provincial autonomy, and other governance structures gradually developed. Broadly, this evolution happened in two phases: first under the rule of the East India Company, and later under the direct rule of the British Crown. During this period, India moved step-by-step towards representative government, responsible government, and finally self-government. The Indian Councils Acts of 1861, 1892, and 1909 introduced limited representation. The Government of India Acts of 1919 and 1935 expanded responsible government, while the Indian Independence Act completed the transition to freedom. Under the East India Company, two trends were visible: the gradual end of its commercial monopoly through the Charter Acts of 1793, 1813, 1833, and 1853, and the steady increase of British parliamentary control through the Regulating Act and Pitt's India Act. Understanding the purpose behind these laws makes the constitutional evolution clearer.

On 26 November 1949, the Constitution was adopted, and it came into force on 26 January 1950, a day chosen to honour the Purna Swaraj Declaration of 1930. It originally described India as a "Sovereign Democratic Republic", and through the 42nd Amendment of 1976, the words "Socialist", "Secular", and "Integrity" were added to the Preamble. The Constitution established fundamental rights such as equality before law, freedom of religion, abolition of untouchability, personal liberty, and protection against exploitation, while directive principles guided the nation toward social and economic justice. Sardar Patel's efforts ensured the integration of more than 500 princely states, helping India emerge as a strong Union. Important constitutional bodies like the Election Commission were created to ensure free and fair elections. On 24 January 1950, 284 members of the Constituent Assembly signed the final document, making it the supreme law of India. The Constitution not only ended colonial legal structures like the Government of India Act, 1935, but also launched India's first general elections in 1951-52, transforming the nation into the world's largest and most vibrant democracy. The Constitution remains a moral, social, and political guide for India's future generations.

The Constitution of India is the highest law of the country. It sets the rules for how the government works, defines the powers of different institutions, protects citizens' rights, and guides the nation's administration. Though India follows a federal system, the Constitution gives strong powers to the Centre, creating a federal system with a unitary bias. It adopts the British parliamentary system where the executive and legislature work closely together. India balances parliamentary law-making with judicial review, allowing the courts to ensure that Parliament's laws follow constitutional principles. The judiciary is integrated and independent, with the Supreme Court, High Courts, and lower courts forming one system. The Constitution guarantees six fundamental rights, supported by Directive Principles that guide the state in building a welfare society. Fundamental duties remind citizens of their moral responsibilities. India is a secular state, practices universal adult franchise, and follows single citizenship for all. It also establishes independent bodies, allows emergency powers, and supports a three-tier government of Centre, States, and Local Bodies. Through these features, the Constitution protects rights, ensures democratic governance, maintains stability and checks & balances, promotes unity, and adapts to changing needs through amendments.

The evolution of India's Constitution, especially the Basic Structure Doctrine, developed through major Supreme Court judgements on Parliament's power to amend the Constitution under Article 368. In the Shankari Prasad case (1951), the Court said Parliament could amend any part of the Constitution. Later, the Golaknath case (1967) ruled that Parliament could not amend Fundamental Rights. Finally, the Kesavananda Bharati case (1973) created the Basic Structure Doctrine, stating that while Parliament can amend the Constitution, it cannot change its core principles such as democracy, rule of law, and fundamental rights. This doctrine protects the Constitution's essential values. Indian constitutionalism means the government must work within constitutional limits, follow the rule of law, and protect citizens from arbitrary power. Important features include limited government, separation of powers, judicial review, checks and balances, and the safeguarding of rights through Articles 13, 14, and 32. These principles ensure accountability and preserve India's democratic system.

The Indian Constitution is called a living document because it can be amended to adapt to changing social aspirations and political and economic needs, making it flexible and evolving rather than rigid and static. This adaptability is achieved through formal amendments, judicial interpretations by the courts, and the ongoing political practice of the government. This dynamic process allows the constitution to remain relevant and responsive to current circumstances while upholding its enduring principles. The Indian Constitution is crucial for democracy, as it establishes a framework for governance, protects fundamental rights, and promotes social justice and equality. It defines the powers of the government, provides a system of checks and balances to prevent the abuse of power, and ensures citizen participation, unity, and accountability. Social aspirations may change, people's wishes may evolve, and governments may come and go, but the core ideas of our founding fathers-who dreamed of a strong and united India-are reflected in the Constitution. Our Constitution is not just a legal document; it is the living expression of India that is Bharat. It reminds every citizen of the sacrifices and honour of our freedom fighters and of our duty to uphold its principles. By doing so, we keep the wheel of dharma moving and protect the values on which our nation stands.