Unit 1: Foundations of the Indian Constitution

The Indian Constitution was not created in a vacuum but was the result of long-standing aspirations for self-rule. It was drafted by the Constituent Assembly, which was elected by the members of the provincial legislative assemblies.

The Constituent Assembly

• Formation: Formed in 1946 under the Cabinet Mission Plan.
• First Meeting: December 9, 1946. Dr. Sachchidananda Sinha was the temporary President.
• President: Dr. Rajendra Prasad was elected as the permanent President on December 11, 1946.
• Drafting Committee: Chaired by Dr. B.R. Ambedkar, often called the 'Architect of the Indian Constitution'.

The Objectives Resolution

Moved by Jawaharlal Nehru on December 13, 1946, it outlined the underlying principles and philosophy of the Constitution, later evolving into the Preamble.

The Indian Constitution is unique in its spirit and contents. It has borrowed features from various sources while adapting them to Indian needs.

Key Features

1. Lengthiest Written Constitution: Due to geographical vastness, cultural diversity, and detailed administrative provisions.
2. Drawn from Various Sources: Borrowed the Parliamentary system from the UK, Bill of Rights (Fundamental Rights) from the USA, and DPSP from Ireland.
3. Blend of Rigidity and Flexibility: Some parts can be amended easily (simple majority), while others require a special majority and state ratification.
4. Federal System with Unitary Bias: Described as "Quasi-federal"; it has federal features (two governments, division of power) but a strong central government.
5. Parliamentary Form of Government: Based on the principle of cooperation and coordination between the legislative and executive organs.

The philosophy of the Constitution is primarily found in its Preamble, which acts as an introduction and summary of its ideals.

"WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC..."

Core Values

• Justice: Social, economic, and political.
• Liberty: Of thought, expression, belief, faith, and worship.
• Equality: Of status and of opportunity.
• Fraternity: Assuring the dignity of the individual and the unity and integrity of the Nation.

Enshrined in Articles 12 to 35, these are the "Magna Carta" of India. They are justiciable, meaning they are enforceable by the courts.

The Six Basic Rights

• Right to Equality (Art. 14-18): Equality before law and prohibition of discrimination.
• Right to Freedom (Art. 19-22): Includes freedom of speech, assembly, and protection of life/liberty.
• Right against Exploitation (Art. 23-24): Prohibition of human trafficking and child labor.
• Right to Freedom of Religion (Art. 25-28): Freedom to profess, practice, and propagate religion.
• Cultural and Educational Rights (Art. 29-30): Protection of minority interests.
• Right to Constitutional Remedies (Art. 32): Dr. Ambedkar called this the "Heart and Soul of the Constitution" as it allows citizens to move the Supreme Court for enforcement of rights.

Added by the 42nd Amendment (1976) on the recommendation of the Swaran Singh Committee. There are currently 11 duties (the 11th was added in 2002).

Examples of Duties

• To abide by the Constitution and respect the National Flag and National Anthem.
• To protect and improve the natural environment.
• To safeguard public property and abjure violence.
• To provide opportunities for education to children between 6-14 years (11th duty).

Note: Unlike rights, duties are non-justiciable.

Articles 36 to 51 contain guidelines for the State to establish a Social and Economic Democracy. They are the instrument of instructions for the government.

Classification

• Socialistic Principles: Aim at social and economic justice (e.g., equal pay for equal work).
• Gandhian Principles: Reflect the ideology of Gandhi (e.g., organization of village panchayats).
• Liberal-Intellectual Principles: Aim at a liberal state (e.g., Uniform Civil Code).

Mnemonics for Preamble

S-S-S-D-R: Sovereign, Socialist, Secular, Democratic, Republic.