Understanding Constitutions

What is a Constitution?

• It establishes the fundamental structure of a political system.
• It defines the powers, responsibilities, and relationships among the legislature, executive, and judiciary.
• It is the supreme law and a continuously evolving document.

Functions of a Constitution

• Provides basic rules for societal coordination.
• Determines the decision-making authority within a society, shaping the government's structure.
• Defines the limits on government power over citizens.
• Enables the government to meet societal aspirations and foster justice.
• Expresses the fundamental identity of a people.

Demand for a Constituent Assembly

• 1934: M.N. Roy proposed the idea of a constituent assembly.
• 1935: The Indian National Congress (INC) officially demanded a constituent assembly.
• 1940: August Offer proposed setting up a representative Indian body after the war to frame a constitution.
• 1942: Cripps Mission attempted to address the constitution-making issue.
• 1946: Cabinet Mission occurred.

Composition of the Constituent Assembly Based on the Cabinet Mission Proposal

• Total Strength: 389 members, allocated at 1 seat per 1 million population.
• Seat Allocation: Divided into British Provinces with 3 categories and Princely States.
• British Provinces: Seats divided among Muslims, Sikhs, and General categories.
• Election Process: Representatives from each community were elected by members of their community in the provincial legislative assembly.
• Structure: Was designed to be partly elected and partly nominated.
• British Provinces: Partly elected representatives.
• Princely States: Partly nominated representatives.

Working of the Constituent Assembly

• First meeting: December 9, 1946.
• Temporary President: Dr. Sachchidananda Sinha, the oldest member, was elected as the temporary President, following French practice.
• President: Later, Dr. Rajendra Prasad became President.
• Vice-Presidents: H.C. Mukherjee and V.T. Krishnamachari were elected.

Objective Resolution

• Moved by Jawaharlal Nehru on December 13, 1946.
• Established the constitutional structure's fundamentals and philosophy.
• Declared India as an Independent Sovereign Republic.
• Autonomous Units: Territories will retain the status of autonomous units with residuary powers.
• Authority: All power is derived from the people.
• Adoption: Unanimously adopted on January 22, 1947.
• Influence: Its modified version forms the Preamble of the current Constitution.

Changes Made by the Independence Act, 1947

• Sovereign Body: The Assembly became a fully sovereign body.
• Legislative Body: It also became a legislative body.
• First Parliament: Became the first Parliament of free India, known as the Dominion Legislature.
• Constituent Body Chair: Dr. Rajendra Prasad chaired.
• Legislative Body Chair: G.V. Mavlankar chaired.
• Dual Functions: These two functions continued until November 26, 1949.
• Total Strength: The Assembly's total strength was 299 (229+70).

Other Functions Performed

• May 1949: Membership of the Commonwealth was ratified.
• July 22, 1947: The national flag was adopted.
• January 24, 1950: The national anthem and the national song were adopted.
• January 24, 1950: Dr. Rajendra Prasad was elected as the first President of India.

Important Facts

• Sessions: There were a total of 11 sessions.
• Duration: The constitution was created in 2 years, 11 months, and 18 days.
• Final Session: The final session was on January 24, 1950.
• Provisional Parliament: It continued as the provisional parliament of India from January 26, 1950, until the new Parliament was formed after the 1951–52 elections.

Major Committees of the Constituent Assembly

• Union Powers Committee: Jawaharlal Nehru
• Union Constitution Committee: Jawaharlal Nehru
• Provincial Constitution Committee: Sardar Patel
• Drafting Committee: Dr. B.R. Ambedkar
• Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas: Sardar Patel
• Rules of Procedure Committee: Dr. Rajendra Prasad
• States Committee (Committee for Negotiating with States): Jawaharlal Nehru
• Steering Committee: Dr. Rajendra Prasad

Drafting Committee

• Setup: Established on August 29, 1947.
• Chairman: Dr. B.R. Ambedkar.
• Members: N. Gopalaswamy Ayyangar, Alladi Krishnaswamy Ayyar, Dr. K.M. Munshi, Syed Mohammad Saadullah.
• Replacements: N. Madhava Rau replaced B.L. Mitter (who resigned due to ill-health), and T.T. Krishnamachari replaced D.P. Khaitan (who died in 1948).

Enactment of the Constitution

• Adoption: The Constituent Assembly adopted, enacted, and gave the Constitution to themselves on November 26, 1949.
• Content: The adopted Constitution included a Preamble, 395 Articles, and 8 Schedules.
• Key Figure: Dr. B.R. Ambedkar is known as the "Father of the Indian Constitution" and 'Modern Manu, Chief Architect Of The Constitution Of India.

Enforcement of the Constitution

• Key Date: A major part of the Constitution came into force on January 26, 1950.
• Historical Significance: January 26 was chosen because Purna Swaraj day was celebrated on this day in 1930, following the Lahore Session resolution in December 1929.

Definition of State

• Defined as a political association occupying a definite territory with an organized government that possesses the power to make domestic and foreign policies.

Types of Constitution

• Written and Unwritten
• Rigid and Flexible
• Unitary and Federal

Constitutional Government

• Defined as a state arrangement where the Constitution is considered supreme, with no absolutism.

Constitutionalism

• A polity governed by a constitution that ordains limited government and the rule of law, as opposed to arbitrary and authoritarian rule.
• It includes separation of powers, responsible and accountable government, popular sovereignty, rule of law, an independent judiciary, individual rights, civilian control of the military, and police accountability.
• The Supreme Court recognized constitutionalism as a system of government that rejects absolutism and is based on objectivity provided by the Constitution itself in the case of Rameshwar Prasad v. Union of India, 2006.
• A constitution alone does not guarantee constitutionalism; primacy to democratic policies and individual rights must be given, as noted in S R Chaudhari Vs State of Punjab (2001).

Constitutional Morality

• Not explicitly defined but means adhering to the core principles of the constitution in a democracy.
• It involves being morally obligated to uphold constitutional values with dignity, faithfulness, and without compromise.
• Key elements include rule of law, freedom of choice and expression, social justice, due process of law, individual liberty, the right to equality, and the Preamble.
• Key Cases: Naz Foundation case 2009, Lt Governor of Delhi case 2016, Navtej Singh Johar v. Union of India 2018, Sabarimala Case 2018.