We the People

Anup Kumar Baruah

(akbaruah1956@gmail.com)

(The Evolution of the

Indian Constitution)

The Constitution of India, which was adopted in the Constituent Assembly on the 26th of November, 1949, was a prized gift to the nation by the august gathering of the said Assembly. Nowhere else in the world had such a document come into force as a result of comprehensive deliberations among the elected representatives regarding the basic structure to be adopted so as to achieve democratic ideals while at the same time ensuring social and economic justice to the utmost possible extent. This unique process of formulation makes it an ideal People’s Constitution, although it did not come into existence as a result of a direct referendum by the people of India.

The Indian National Congress, which spearheaded the Freedom Movement (for the last 30 years before independence in 1947 under Mahatma Gandhi), made its determination public way back in 1938 for a democratic India and also for the formation of a Constituent Assembly when Nehru made the following statement on behalf of the party. “The National Congress stands for independence and a democratic state. It has been proposed that the constitution of free India must be framed without outside interference by a constituent assembly elected on the basis of adult franchise.” Similarly, it must be added that the objectives of the resolution of Nehru adopted by the Constituent Assembly on 22nd January 1947 played a major role in the formulation of the Constitution. The ideals inherent in the resolution are faithfully reflected in the Preamble to the Constitution, which, in spite of being tempered with through the 42nd amendment in 1976, still retains its basic character. The Preamble, in addition to indicating the source from which the Constitution draws its authority, clearly states its basic objects. Furthermore, the Preamble helps in the legal interpretations of constitutional provisions whenever any kind of ambiguity comes up.

Its recourse may also be taken in the determination of the scope of fundamental rights as well as the directive principles of the State Policy.

The Indian Constitution is the most detailed document of its kind produced in the world till then (its adoption). It was formulated after elaborate study of all the known constitutions of the world at that time. However, it can boast a number of outstanding features that make it a unique product of its kind. Dr. Ambedkar’s observation was very relevant. “One likes to ask whether there can be anything new in a Constitution framed at this hour in the history of the world. The only new things, if there be any, in a Constitution framed so late in the day are variations made to remove the faults and accommodate it to the needs of the country.” The Constitution of India was given its final shape by the Drafting Committee formed by the Constituent Assembly with Dr. Ambedkar as its chairman. He obviously played a very significant role in the formulation of the final product. However, the Drafting Committee in all stages of the process was guided by the principles and provisions advocated by different Committees of the Assembly. Particular mention must be made of the contributions of the Union Constitution Committee and the Union Powers Committee, both of which were chaired by Jawaharlal Nehru; the Committee on Fundamental Rights and Minorities, chaired by Sardar Vallabhbhai Patel; the Steering Committee, chaired by Dr. K. M. Munshi; the Provincial Constitution Committee, chaired by Sardar Patel; and the Committee on Union Constitution, chaired again by Nehru. The President of the Constituent Assembly, Dr. Rajendra Prasad, and a number of leading lights who graced the Constituent Assembly also made significant contributions towards the formulation of the Constitution. It may also be mentioned that many provisions of the Government of India Act, 1935, were also incorporated in the final document. The Indian Constitution came into force with effect from 26th January 1950, although a few provisions had already been in operation. Since then, 26th January is celebrated as the Republic Day in the country.

The Constitution of India in its original form had 395 articles and 6 schedules. The number of articles and schedules today, after all the amendments, stands at 448 and 12, respectively. The Indian Constitution provides for clear jurisdictional demarcation among the three wings of the State, i.e., the Legislature, the Executive, and the Judiciary, which have been assigned specific powers and responsibilities that do not usually overlap.

The Constitution of India combines in an optimal way “The Theory of Fundamental Law,” which has been the underlying principle of the written US Constitution, and “Parliamentary Sovereignty,” the guiding principle of the British Constitution, which is essentially based on conventions. The framers of the Constitution were also able to strike a balance, although very delicate, between the unitary and federal features. Durga Das Basu, probably the most authoritative commentator on the process of evolution and formulation of our Constitution, may be quoted here.

“Perhaps the most remarkable achievement of the Indian Constitution is to confer upon a federal system the strength of a unitary government.”

The Constitution of India is also committed to economic and social democracy in addition to political democracy; this objective is aptly embodied in the concept of a “welfare state, which led to the formulation of the Directive Principles of State Policy. Dr. Ambedkar, in his concluding speech, made a very important comment.

“Political democracy cannot last unless there lies at the base of it social democracy. What does social democracy mean? It means a way of life that recognises liberty, equality, and fraternity, which are not to be treated as separate items in a trinity.”

All said and done, the Constitution of India has stood the test of time for all of 75 years since its adoption in spite of attempts made on occasions to dilute the purport of some of the provisions. It is for the people of India to ensure its relevance and vitality in the years to come.