Unit 1: Constitution of India

1. Making of the Constitution

The Constitution of India was not drafted by a single person but by a representative body called the Constituent Assembly.

• Historical Context: The Assembly was formed in 1946 based on the Cabinet Mission Plan. Its members were elected *indirectly* by the members of the Provincial Legislative Assemblies.
• Composition: Though indirectly elected, it included representatives from all sections of Indian society—Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Christians, SCs, and STs.
• Key Figures:
  • Dr. Rajendra Prasad: President of the Assembly.
  • Dr. B.R. Ambedkar: Chairman of the Drafting Committee. He is recognized as the "Father of the Indian Constitution."
• Objectives Resolution: On December 13, 1946, Jawaharlal Nehru moved the "Objectives Resolution," which laid down the philosophical foundations of the Constitution. This resolution was later adopted as the Preamble.
• Timeline: The Assembly took 2 years, 11 months, and 18 days to complete the draft, holding 11 sessions.
• Adoption: The final draft was adopted on November 26, 1949 (celebrated as Constitution Day).
• Enforcement: The Constitution came into full effect on January 26, 1950 (celebrated as Republic Day).

2. The Preamble

The Preamble is the introduction or preface to the Constitution. It outlines the basic philosophy, objectives, and guiding principles of the Constitution.

Text of the Preamble:
"WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION."

Key Concepts in the Preamble:

• Sovereign: India is an independent nation, free from any external control.
• Socialist: (Added by 42nd Amendment, 1976). Aims to achieve a "democratic socialist" society, focused on reducing inequality of income and resources.
• Secular: (Added by 42nd Amendment, 1976). The state has no official religion. It follows a model of "principled distance," treating all religions with equal respect.
• Democratic: The government derives its authority from the will of the people, expressed through free and fair elections.
• Republic: The head of the state (the President) is an *elected* official, not a hereditary monarch (like the King or Queen of Britain).
• Justice, Liberty, Equality, Fraternity: These are the four main objectives that the Constitution seeks to achieve for its citizens.

3. Salient Features

The Indian Constitution is unique in its content and spirit. Its main features are:

1. Lengthiest Written Constitution: It is the most detailed and longest-written constitution in the world.
2. Drawn from Various Sources: It is a "borrowed" constitution, taking the best features from many other countries:
   • UK: Parliamentary government, Rule of Law, Single Citizenship.
   • USA: Fundamental Rights, Judicial Review, Impeachment of President.
   • Ireland (Eire): Directive Principles of State Policy (DPSP).
   • Canada: "Quasi-federal" system (a strong Centre).
3. Blend of Rigidity and Flexibility: It is neither too rigid (like the US) nor too flexible (like the UK). Some parts can be amended by a simple majority, while others require a special majority.
4. Federal System with Unitary Bias: It's a federal structure (two levels of government, division of powers). However, the Centre is made stronger than the states (e.g., Emergency provisions, Single Citizenship). It is often called "Quasi-Federal."
5. Parliamentary Form of Government: The executive (Prime Minister & Council of Ministers) is drawn from and responsible to the legislature (Parliament). This is the "Westminster" model.
6. Fundamental Rights: (Part III) These are justiciable rights that protect citizens from the arbitrary power of the state.
7. Directive Principles of State Policy (DPSP): (Part IV) These are non-justiciable guidelines to the state to work towards a welfare state.
8. Fundamental Duties: (Part IVA) Added by the 42nd Amendment, these are moral obligations on the citizens.
9. Independent and Integrated Judiciary: A single, unified judicial system with the Supreme Court at the top, acting as the "guardian of the Constitution."
10. Universal Adult Franchise: Every citizen above 18 years has the right to vote, regardless of caste, creed, gender, or income.
11. Single Citizenship: Unlike the USA, all citizens of India are citizens of *India*, not of their state.

4. Exam Corner: Key Concepts