DSM 252: Indian Political System

The Indian Constitution was drafted by the Constituent Assembly, which was set up in 1946 under the Cabinet Mission Plan. It was not merely a legal document but a charter of aspirations for a newly independent nation.

The Constituent Assembly

• First Meeting: December 9, 1946. Dr. Sachchidananda Sinha served as the temporary President.
• Permanent President: Dr. Rajendra Prasad was elected as the President on December 11, 1946.
• Drafting Committee: Chaired by Dr. B.R. Ambedkar, the principal architect of the Constitution.
• Time Taken: It took 2 years, 11 months, and 18 days to complete the task.
• Adoption: The Constitution was adopted on November 26, 1949 (National Law Day) and came into force on January 26, 1950.

The Objectives Resolution

Moved by Jawaharlal Nehru on December 13, 1946, this resolution outlined the fundamental principles of the Constitution. It eventually became the basis for the Preamble.

The Indian Constitution is unique for its detailed provisions and its ability to borrow from global best practices while remaining rooted in Indian realities.

Key Characteristics

1. Lengthiest Written Constitution: Due to India's vast diversity and geographical size, every detail of governance is documented.
2. Blend of Rigidity and Flexibility: Some parts can be amended by a simple majority (flexible), while others require a special majority and state ratification (rigid).
3. Quasi-Federal Structure: Described as "federal in form but unitary in spirit," featuring a strong central government alongside state governments.
4. Parliamentary Form of Government: Modeled on the British system, where the executive is responsible to the legislature.
5. Sovereign, Socialist, Secular, Democratic Republic: These five pillars define the nature of the Indian State.

The Preamble acts as the "identity card" of the Constitution, reflecting its core philosophy and values.

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

Core Philosophical 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/integrity of the nation.

Note: The words "Socialist," "Secular," and "Integrity" were added by the 42nd Amendment Act, 1976.

Enshrined in Articles 12 to 35, these rights are essential for the material and moral development of individuals. They are justiciable, meaning they are enforceable by courts.

The Six Clusters of Rights

1. Right to Equality (Art. 14-18): Includes equality before the law and prohibition of discrimination.
2. Right to Freedom (Art. 19-22): Includes freedom of speech, assembly, and movement.
3. Right against Exploitation (Art. 23-24): Prohibits human trafficking and child labor.
4. Right to Freedom of Religion (Art. 25-28): Guarantees the freedom to practice and propagate any religion.
5. Cultural and Educational Rights (Art. 29-30): Protects the rights of minorities to preserve their culture.
6. Right to Constitutional Remedies (Art. 32): Empowers citizens to move the Supreme Court if rights are violated. Dr. Ambedkar called this the "Heart and Soul of the Constitution."

Fundamental Duties were not in the original Constitution; they were added by the 42nd Amendment (1976) on the recommendation of the Swaran Singh Committee.

• Article 51A: Lists 11 duties for Indian citizens.
• Examples: Abiding by the Constitution, respecting the National Flag, protecting the environment, and safeguarding public property.
• Nature: These are non-justiciable but serve as a moral obligation for citizens.

Contained in Articles 36 to 51 (Part IV), the DPSP are guidelines for the State to establish a "Welfare State".

Classification of Principles

• Socialistic: Aimed at social and economic justice (e.g., Article 39 - equal pay for equal work).
• Gandhian: Based on Gandhian ideology (e.g., Article 40 - organization of Village Panchayats).
• Liberal-Intellectual: Aimed at a modern, liberal state (e.g., Article 44 - Uniform Civil Code).

Mnemonics

S-S-S-D-R: Pillars of the Preamble - Sovereign, Socialist, Secular, Democratic, Republic.

E-F-E-R-C-R: 6 Rights - Equality, Freedom, Exploitation, Religion, Culture, Remedies.