Making of the Indian Constitution

Making of Indian Constitution

• The Constitution of India was drafted by the Constituent Assembly, which was established under the Cabinet Mission Plan of 1946
• The assembly consisted of representatives from both British Indian provinces and princely states
• Initially, it had 389 members, reduced to 299 after the partition
• Dr. Rajendra Prasad chaired the Assembly
• Dr. B.R. Ambedkar chaired the Drafting Committee

Key Stages

• The members of the assembly were indirectly elected through provincial assemblies
• Representation was based on population
• Seats were reserved for minorities, like Scheduled Castes and Muslims

Sources of Inspiration

• The assembly was inspired by other constitutions
• The British Constitution inspired the parliamentary system
• The US Constitution inspired Fundamental Rights and judicial review
• The Irish Constitution inspired Directive Principles of State Policy
• The Canadian Constitution inspired the federal system with a strong center

Further stages

• The Drafting Committee was formed on August 29, 1947
• The committee was tasked to prepare the draft
• Dr. B.R. Ambedkar incorporated ideas suitable for India’s socio-political needs
• The Assembly held 114 sessions over 2 years, 11 months, and 18 days
• Every provision was discussed in detail
• Issues debated include federalism, minority rights, language, and Fundamental Rights
• The Constitution was adopted on November 26, 1949
• It took effect on January 26, 1950, honoring the Purna Swaraj Declaration of 1930

Significance

• It reflects the aspirations of its people
• It establishes India as a Sovereign, Socialist, Secular, Democratic Republic
• It provides the foundation for a just and equitable society
• The Constitution is a living document balancing both rigidity and flexibility

Preamble of Indian Constitution

• The Preamble of the Indian Constitution is an introductory statement
• It reflects the essence and philosophy of the Constitution
• It guides in interpreting the constitutional provisions
• It embodies the aspirations of the people

Preamble Text

• “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 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 Features of the Preamble

• "We, the People of India," signifies the ultimate authority lies with the people
• Establishes the democratic foundation of the Constitution

Nature of the State

• India is Sovereign, independent to decide its internal and external policies
• India is Socialist, emphasizing economic and social equality
• India is Secular, with no official religion and equal treatment to all religions
• India is Democratic, with power resting with the people through elected representatives
• India is a Republic, with an elected head of state, a President

Objectives of the Constitution

• Provide justice: Social, economic, and political justice for all citizens
• Provide liberty: Freedom of thought, expression, belief, faith, and worship
• Provide equality: Equal status and opportunities, eliminating discrimination
• Promote fraternity: Promoting brotherhood, unity, and dignity of individuals

Amendments to the Preamble

• The 42nd Constitutional Amendment Act (1976) added "Socialist" and "Secular"
• It emphasized the "integrity of the nation"

Importance of the Preamble

• It provides the fundamental ideals and philosophy upon which the Constitution is based
• It helps in understanding and interpreting the provisions
• It lays down the goals of justice, liberty, equality, and fraternity to be achieved

Judicial Significance of the Preamble

• The Supreme Court held that the Preamble is an integral part of the Constitution
• The Preamble is not enforceable in a court of law in Kesavananda Bharati v. State of Kerala (1973)
• It was established that the Preamble reflects the basic structure which cannot be altered

Fundamental Duties

• The duties of Indian citizens are in Article 51A under Part IV-A
• These duties were added by the 42nd Constitutional Amendment Act, 1976
• The Swaran Singh Committee recommended these duties
• The duties remind citizens of their responsibilities towards the nation

Text of Article 51A

• Lists 11 duties requiring every citizen to abide by the Constitution, respect its ideals, institutions, the National Flag, and the National Anthem
• Citizens must cherish and follow the noble ideals that inspired the national struggle for freedom
• Citizens must uphold and protect the sovereignty, unity, and integrity of India
• Defend the country and render national service when called upon
• Promote harmony, common brotherhood transcending diversities, renounce practices derogatory to women
• Value and preserve the rich heritage of the country’s composite culture
• Protect and improve the natural environment, have compassion for living creatures
• Develop scientific temper, humanism, and the spirit of inquiry and reform
• Safeguard public property and abjure violence
• Strive towards excellence individually and collectively
• Provide education opportunities for children between 6 and 14, which was added by the 86th Amendment Act, 2002

Key Features of Fundamental Duties

• They are not enforceable by courts and no legal penalty arises for non-compliance
• They act as a moral guide for citizens, emphasizing responsibilities
• They apply only to Indian citizens, not foreigners

Importance of Fundamental Duties

• It instills a sense of loyalty, emphasizing unity and integrity
• It balances rights and responsibilities
• Duties foster respect for natural and cultural diversity
• Duties encourage citizens to strive for excellence and contribute to the country’s progress

Judicial Relevance of Fundamental Duties

• They have been referenced in judicial pronouncements even though non-justiciable
• Fundamental Duties can be enforced if supported by legislative framework through Rangnath Mishra v. Union of India (2003)
• Serve as interpretive aids for laws, especially determining the constitutionality of statutes

Directive Principles of State Policy (DPSP)

• They are in Part IV of the Indian Constitution (Articles 36 to 51)
• They are non-justiciable and not legally enforceable by courts
• They are fundamental in guiding the state in policymaking and governance
• They establish a welfare state

Origin and Inspiration of DPSP

• It is from the Irish Constitution, inspired by the Spanish Constitution
• They reflect socio-economic justice ideals
• They aim to bridge inequalities

Objectives of DPSP

• Establish social and economic democracy
• Ensure justice, equality, and fraternity as in the Preamble
• Promote public welfare and improve quality of life

Classification of DPSP

• Socialistic Principles: Promote welfare, adequate livelihood, free legal aid, secure right to work, humane conditions, maternity relief
• Gandhian Principles: Promote cottage industries, prohibit harmful drinks/drugs, promote village panchayats, protect the environment
• Liberal-Intellectual Principles: Promote international peace, protect monuments, separate judiciary from executive

Features of DPSP

• They are non-justiciable and cannot be enforced in a court
• They guide the state in legislating policies
• They evolve with societal needs and priorities

Importance of DPSP

• They aim to reduce inequality and provide dignified life
• They influence policymaking, like MGNREGA and Midday Meal Scheme
• They complement Fundamental Rights and address socio-economic needs

Criticism of DPSP

• Being non-enforceable limits implementation
• Some principles lack specific guidelines
• Implementation depends on the commitment of the ruling government

Judicial Interpretation of DPSP

• The Judiciary integrates DPSPs with Fundamental Rights
• The Supreme Court upheld the DPSPs' role in achieving socio-economic justice in Kesavananda Bharati v. State of Kerala (1973)
• The court emphasized balance in Minerva Mills v. Union of India (1980)

Supreme Court of India Composition

• The Supreme Court has the Chief Justice of India (CJI) and a maximum of 34 judges
• The President of India appoints judges
• Appointed judges must have five years of experience as a High Court judge
• Appointed judges must have ten years of experience as an advocate
• Appointed judges must be distinguished jurists
• The retirement age for judges is 65 years

Jurisdiction

• It has original jurisdiction in disputes between states or the union and states Article 131
• It has appellate jurisdiction in civil, criminal, and constitutional cases
• It has advisory jurisdiction where the President seeks advice Article 143
• Enforces fundamental rights under Article 32

Role of the Supreme Court

• The Supreme Court serves as the guarantor of fundamental rights Article 32
• It can issue writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari

Landmark Judgment: Kesavananda Bharati Case (1973)

• The Basic Structure Doctrine was established
• Parliament cannot alter the Constitution's fundamental features
• The judgment balanced parliamentary sovereignty and judicial review

Public Interest Litigation (PIL)

• The Supreme Court pioneered PIL in India to expand access to justice
• It allows people to file cases on behalf of the public interest
• This is especially for enforcing fundamental rights
• Cases like MC Mehta v. Union of India on environmental protection are examples

Parliament of India Composition

• The Parliament has two houses
• Rajya Sabha (Council of States): Has a maximum of 250 members
• Representatives of states, Union Territories, and members nominated by the President sit in the Rajya Sabha
• Lok Sabha (House of the People): Has a maximum of 552 members, elected directly by the people
• The President is part of the Parliament

Parliament of India Functions

• Performs legislative, executive, and financial functions
• Makes laws on Union and Concurrent Lists with its legislative function
• Holds the government accountable with its executive function
• Approves the budget and scrutinizes public expenditure with its financial function
• Impeaches the President or judges of the Supreme Court with its judicial function

Powers of the Rajya Sabha

• The Rajya Sabha cannot be dissolved, and has special powers
• It approves legislation and constitutional amendments
• It initiates or passes resolutions to create new All-India Services under Article 312
• It acts with the Lok Sabha on financial and non-financial matters

Money Bill and its Passage

• A Money Bill deals with taxation, borrowing, or public expenditure
• It is introduced only in the Lok Sabha and requires the Speaker's certification
• After passing the Lok Sabha, it is sent to the Rajya Sabha
• The Rajya Sabha can only recommend amendments
• The Lok Sabha may accept or reject recommendations, and the bill must pass within 14 days

Importance of Parliamentary Committees

• Committees ensure accountability, transparency, and in-depth scrutiny
• Committees enable Parliament to function efficiently

Fundamental Rights

• Guaranteed to all citizens under Part III
• Ensure equality, freedom, and dignity
• Protect individuals from arbitrary state action
• Enforceable by the courts under Article 32
• Vital for upholding democracy and individual liberty

List of Fundamental Rights

• Right to Equality (Articles 14–18)
• Right to Freedom (Articles 19–22)
• Right against Exploitation (Articles 23–24)
• Right to Freedom of Religion (Articles 25–28)
• Cultural and Educational Rights (Articles 29–30)
• Right to Constitutional Remedies (Article 32)

Right to Equality (Articles 14–18)

• Ensures equality before the law
• Prohibits discrimination on grounds like religion, race, caste, sex, or place of birth
• Abolishes untouchability (Article 17)
• Prohibits titles (except military or academic) under Article 18
• Promotes social justice and equal opportunity

Right to Freedom (Articles 19–22)

• Article 19: Six freedoms, like speech, movement, and association
• Article 20: Protection against conviction for offenses
• Article 21: Right to life and personal liberty
• Article 22: Protection against arbitrary arrest and detention

Right to Constitutional Remedies (Article 32)

• To approach the Supreme Court or High Courts for enforcement
• The courts can issue writs like habeas corpus, mandamus, prohibition, certiorari, and quo warranto

Right to Freedom Introduction

• Ensures fundamental civil liberties
• Essential for individual development and functioning of a democratic society
• Provides freedoms and protections against arbitrary state action

Article 19: Six Freedoms

• Freedom of speech and expression
• Freedom to assemble peacefully without arms
• Freedom to form associations or unions
• Freedom to move freely throughout India
• Freedom to reside and settle in any part of India
• Freedom to practice any profession or to carry on any occupation, trade, or business
• Freedoms are subject to reasonable restrictions for public order, security, and morality

Article 20: Protection in Respect of Conviction for Offenses

• No ex-post facto laws: Cannot be punished for an act that was not an offense when committed
• Protection against double jeopardy: Cannot be prosecuted or punished for the same offense more than once
• Protection against self-incrimination: Cannot be compelled to testify against themselves

Article 21: Right to Life and Personal Liberty

• Cannot be deprived of life or personal liberty except according to a legally established procedure
• Includes rights like privacy, education, and a pollution-free environment

Article 22: Protection against Arbitrary Arrest and Detention

• Rights of arrested persons include being informed of charges and the right to legal counsel
• Special provisions are in place for preventive detention
• Detention without trial is limited to three months unless approved by an advisory board