UNIT-1 Constitutional value.pdf

Introduction to the Indian Constitution The Indian Constitution, adopted on January 26, 1950, stands as the foundational legal document of the Republic of India, embodying the country's aspirations, values, and principles. It is a remarkable product of extensive deliberation and debate within the C...

Introduction to the Indian Constitution The Indian Constitution, adopted on January 26, 1950, stands as the foundational legal document of the Republic of India, embodying the country's aspirations, values, and principles. It is a remarkable product of extensive deliberation and debate within the Constituent Assembly, which comprised some of the most prominent leaders and thinkers of the time. This assembly, established in 1946, aimed to draft a constitution that would not only provide a framework for governance but also reflect the diverse and pluralistic nature of Indian society. The Constitution is both a symbol of national identity and a tool for governance, promoting the ideals of justice, liberty, equality, and fraternity as enshrined in its Preamble. The Indian Constitution is one of the longest in the world, comprising 448 articles and several schedules that detail the structure and functions of government. Its unique design reflects India's complex socio-political landscape, integrating elements from various constitutional models around the globe. For instance, the parliamentary system of governance draws from the British model, while the protection of fundamental rights finds inspiration in the American Bill of Rights. The inclusion of Directive Principles of State Policy demonstrates a commitment to social and economic justice, echoing ideals from the Irish Constitution. This eclectic mix allows the Constitution to address India's diverse needs while fostering a cohesive national identity. One of the distinguishing features of the Indian Constitution is its emphasis on fundamental rights, which are enshrined in Part III. These rights guarantee individual freedoms and protections against discrimination, empowering citizens to challenge injustices. The Constitution's commitment to social justice is further reflected in provisions for affirmative action and the protection of marginalized communities. By providing mechanisms to ensure equal opportunity and representation, the Constitution seeks to rectify historical inequalities and promote an inclusive society. The Constitution also establishes a federal structure, dividing powers between the central government and the states. This federalism is crucial in a country as vast and diverse as India, allowing for regional autonomy while maintaining national unity. The distribution of powers is meticulously outlined, ensuring that both levels of government can function effectively and cater to the needs of their constituents. This balance is essential for managing India's complex demographic landscape, comprising numerous ethnic, linguistic, and cultural groups. Amendability is another significant aspect of the Indian Constitution, which allows it to adapt to changing social, political, and economic contexts. The Constitution includes provisions for its amendment, enabling lawmakers to update and modify it as necessary. This adaptability is crucial for addressing contemporary challenges and ensuring that the Constitution remains relevant in an ever-evolving society. However, the amendment process is designed to maintain a balance between flexibility and stability, preventing arbitrary changes that could undermine the Constitution's foundational principles. Hence, the Indian Constitution is not just a legal framework but a living document that encapsulates the dreams and aspirations of a diverse nation. It serves as a beacon of democracy, justice, and equality, guiding India on its journey towards progress and development. Through its provisions, the Constitution aims to create a harmonious society where every citizen enjoys the rights and freedoms essential for personal and collective growth. The legacy of the Indian Constitution lies in its ability to uphold the rule of law while embracing the dynamic and pluralistic nature of Indian society, ensuring that it remains a relevant and powerful instrument for governance and social change. Meaning of the Indian Constitution A Constitution of a state is a fundamental set of principles or established precedents according to which the state is governed. It outlines the organization, powers, and limits of government institutions, as well as the rights and duties of citizens. It serves as the supreme law of the land, providing a framework for the functioning of the government, the protection of individual liberties, and the maintenance of social order. The Indian Constitution is a comprehensive and foundational legal document that establishes the framework for the governance of India. It is not merely a set of rules; rather, it represents a profound embodiment of the values, principles, and aspirations of the Indian people. Understanding its meaning involves exploring its various dimensions, including its definition, significance, and the philosophical underpinnings that guide its interpretation. The Constitution of India is the supreme law of the Republic of India. It lays down the framework for the country’s political system, defining the powers and responsibilities of government institutions, safeguarding fundamental rights, and outlining the principles of governance. It is a set of rules and regulations guiding the administration of a country. Definition and Characteristics 1. Plato: The Greek thinker defined Constitution as “The Soul of the State”. The Constitutional government is the best government. 2. Aristotle: Father of Political Science defines Constitution as “The arrangement of powers in a state, especially the supreme Legislative Power”. 3. Dr. Finer: “The Fundamental Political organizations of system is Constitution”. 4. Maclver: “The rule which governs the state is Constitution”. At its core, the Constitution can be defined as a formal legal document that outlines the structure of government, delineates the powers and functions of different institutions, and enshrines the rights and duties of citizens. The Constitution of India consists of over 450 articles and numerous schedules, making it one of the most extensive constitutions in the world. This complexity reflects the diversity and richness of Indian society, incorporating various legal, social, and political elements that resonate with its multifaceted population. One key characteristic of the Indian Constitution is its written nature. Unlike unwritten constitutions, which rely on statutes, customs, and conventions (like that of the United Kingdom), the Indian Constitution provides a comprehensive written framework that is accessible and clear. This written document ensures that citizens and authorities can refer to it directly, promoting transparency and accountability in governance. Structure of the Indian Constitution The Indian Constitution is one of the longest and most detailed written constitutions in the world. Various components of the structure of the Indian Constitution can be seen as follows: Parts  A “Part” of the Constitution refers to a division within the Constitution that groups together Articles on similar subjects or themes.  The Indian Constitution is structured into various Parts, each dealing with a specific aspect of the country’s legal, administrative, or governmental framework.  Originally, there were 22 parts in the Constitution of India. As of now, there are 25 parts of the Indian Constitution. Articles  An “Article” refers to a specific provision or clause within the Constitution that details various aspects of the country’s legal and governmental framework.  Each part of the constitution contains several articles numbered sequentially.  Originally, there were 395 articles in the Constitution of India. As of now, the Indian Constitution contains 448 articles. Schedules  A “Schedule” refers to a list or a table attached to the Constitution that details certain additional information or guidelines relevant to the constitutional provisions.  They provide clarity and supplementary details, making the Constitution more comprehensive and functional.  Originally, there were 8 schedules in the Constitution of India. As of now, there are 12 schedules in the Indian Constitution. Enactment and Adoption of the Indian Constitution  The Constitution of India was framed by a Constituent Assembly which was established in 1946. The President of the Constituent Assembly was Dr. Rajendra Prasad.  On 29th August 1947, a resolution was moved in the Constituent Assembly for the appointment of a Drafting Committee to draft a permanent constitution of India. Accordingly, the Drafting Committee was appointed under the chairmanship of Dr. B.R. Ambedkar.  The Drafting Committee took a total of 166 days, which was spread over 2 years, 11 months, and 18 days to prepare a draft constitution. The final draft of the Constitution was introduced in the Constituent Assembly on 4th November 1948.  After many deliberations and some modifications, the Draft Constitution was declared as passed by the Constituent Assembly on 26th November 1949. This is known as the “Date of Adoption” of the Constitution of India.  A few provisions of the Constitution came into force on 26th November 1949. However, the major part of the Constitution came into force on 26th January 1950, making India a sovereign republic. This date is known as the “Date of Enactment” of the Constitution of India. Nature of the Indian Constitution 1. Written Constitution: The Indian Constitution is a codified document, which means it is written down in a single text. This ensures clarity, accessibility, and certainty in governance, as all laws and rights are explicitly stated. It allows citizens and authorities to refer directly to the text, promoting transparency. 2. Supreme Law of the Land: The Constitution is the highest legal authority in India. Any law or action inconsistent with the Constitution is deemed invalid. This supremacy establishes the rule of law, ensuring that all citizens and governmental authorities are subject to the same legal framework. 3. Federal Structure:  The Constitution establishes a federal system of governance, dividing powers between the central and state governments. This division allows for regional autonomy while ensuring national unity. Each level of government has its own jurisdiction, which is essential for managing a diverse country like India. 4. Democratic Principles: The Indian Constitution is rooted in democratic ideals, ensuring that sovereignty lies with the people. It establishes a parliamentary system where elected representatives are accountable to the electorate, promoting political participation and representation. 5. Secularism: The Constitution embodies the principle of secularism, mandating that the state treats all religions equally. This is vital in a multi-religious society, allowing for peaceful coexistence and promoting social harmony. Essential characteristics of a federal Constitution There are various characteristics which are quintessential for a Constitution to be termed as a federal Constitution. Supremacy of law The Constitution is the supreme law. The term “law” involves rules, regulations, bylaws, notifications, orders, ordinances and even the customs having a force of law. A federal-state derives its existence from the Constitution. Every type of power; be it legislative, administrative or judicial, irrespective of it being at the centre or the state level, is controlled by or is subordinated to the Constitution. Article 13(2) provided that the State shall not make any law which takes away any of the rights guaranteed under Part III of the Indian Constitution and to the extent of such contravention, the law is considered void. Distribution of Power In federalism, distribution of power forms an important and integral part. Distribution of power between the centre and the state and other coordinate bodies present in the Constitution. This division of governmental powers into national and regional governments is done by way of 3 lists which are the Union, State and the Concurrent lists. These lists provided in the 7th Schedule to the Constitution. Only the Central government deals with the issues mentioned in the Union List. State government legislates on the areas mentioned in the State List while the Concurrent List contains subjects where both the Center and the State can function. This concept is borrowed from the Canadian Constitution. However, there are certain items which do not present in any of these three lists. These are called residuary powers and lie primarily with the Centre as per the Entry 97 of Article 248. The reason behind this is to make the Parliament competent enough to legislate on any subject which is not identifiable at present. Thus, the principle of division of powers, which the concept under context, promotes, highlights the federal structure of the Indian Constitution. Principles and Values The Constitution embodies several fundamental principles that serve as the foundation for governance in India. These principles include: 1. Sovereignty: The Constitution establishes India as a sovereign nation, free from external control. This sovereignty underscores the authority of the Indian state to make its own laws and govern its territory. 2. Democracy: The Constitution enshrines democratic governance, ensuring that the power rests with the people. This democratic framework allows citizens to participate in the electoral process, influencing decision-making at all levels of government. 3. Secularism: The Constitution upholds the principle of secularism, ensuring that the state treats all religions equally and does not favor any particular faith. This is essential in a country with a rich tapestry of religious diversity. 4. Social Justice: A commitment to social justice is central to the Constitution, as it seeks to address historical inequalities and promote the welfare of marginalized communities. This commitment is reflected in the provisions for affirmative action and the protection of vulnerable groups. 5. Rule of Law: The Constitution establishes the rule of law as a cornerstone of governance, asserting that no individual or institution is above the law. This principle promotes accountability, ensuring that justice is accessible to all. Social Contract The Indian Constitution can also be understood through the lens of the social contract theory. It represents an implicit agreement between the state and its citizens, delineating the rights and responsibilities of each party. By outlining the rights guaranteed to citizens, such as freedom of speech, right to equality, and right to life, the Constitution empowers individuals and protects them from arbitrary state action. In return, citizens are expected to uphold the laws of the land and contribute to the social and civic responsibilities outlined in the Constitution. Legal and Political Framework As the supreme law of the land, the Constitution provides the legal framework within which all other laws are created. It serves as the ultimate reference point for resolving disputes and interpreting legislation. The Indian judiciary, particularly the Supreme Court, plays a critical role in upholding the Constitution, ensuring that laws and government actions comply with its provisions. This judicial oversight reinforces the Constitution’s authority and ensures that individual rights are protected. Moreover, the Constitution's political framework delineates the powers and functions of various branches of government—executive, legislative, and judicial—establishing a system of checks and balances. This separation of powers is crucial for preventing the concentration of authority and safeguarding democratic governance. The meaning of the Indian Constitution extends far beyond its legal text. It encapsulates the values, aspirations, and principles that define the Indian state and its governance. As a written document, it provides clarity and accessibility to citizens while serving as a living instrument that adapts to changing societal needs. The Constitution's commitment to democracy, social justice, secularism, and the rule of law makes it a pivotal foundation for a harmonious and progressive society. Ultimately, the Indian Constitution represents the collective will of the people, guiding the nation towards a future built on justice, equality, and fraternity. The Indian Constitution empowers the Centre to interfere in the State matter and thus places the State in a subordinate position which violates the federal principles, therefore Indian Constitution is neither purely federal nor purely unitary but it is a combination of both, It is quasi-federal Constitution i,e, “unitary with federal features” or “federal with unitary features”. The most remarkable achievement of the Indian Constitution is to confer upon a federal system and to strengthen the unitary government. Though normally the system of government is federal, the Constitution enables the federation to transform itself into a unitary state in an emergency. So writers like K.C. Wheare called it “Quasi-Federal, Jennings called it as an “A Federation with a strong centralising tendency, McWhinney called it “Essentially unitary,” but on the other side writers, like, Sawer and Neumann called it ‘a Federal Constitution’. D.D. Basu’s conclusion on this point is that “The Constitutional system of India is basically federal, but of course, with striking unitary features.” The Supreme Court has time and again reiterated that the kind of federalism practised in the United States of America is not a part of the basic structure of the Indian Constitution. The federalism in India is unique and is made according to the need of the Indian milieu. Dr. B.R. Ambedkar had thus rightly said that the Indian Constitution would be both unitary as well as federal according to the requirements of the time. The Drafting Committee wanted to elucidate that though India was a federation, it was not as per any voluntary agreement between the States. The division of the country into states is only to facilitate the administration and does not affect the functioning as an integrated unit. Moreover, on analysis, it was found that at the core of every federal principle, which is functional in our country, the ultimate force is unitary in nature. Therefore it would be appropriate to say that India has a federal structure but it is unitary in spirit. Significance of the Constitution of India  Rule of Law – The Constitution establishes the framework for governance based on the rule of law, ensuring that no individual, including government officials, is above the law.  Protection of Rights – It guarantees fundamental rights to citizens, safeguarding their freedoms of speech, expression, religion, and more, while also providing mechanisms for legal redress if these rights are infringed upon.  Structure of Government – The Constitution delineates the structure of government, defining the roles, powers, and limitations of the executive, legislative, and judicial branches. This separation of powers prevents the concentration of authority and promotes checks and balances.  Democratic Principles – Through provisions like a universal adult franchise, the constitution upholds democratic principles by ensuring citizens’ participation in governance through free and fair elections.  Stability and Continuity – The constitution provides stability and continuity in governance, serving as a framework for guiding successive governments and preventing abrupt changes in the political system.  National Unity – It fosters national unity by recognizing and respecting the diversity of the populace while also promoting a sense of common citizenship and allegiance to the nation.  Legal Framework – The constitution serves as the legal foundation upon which all laws and regulations are based, providing consistency and coherence in the legal system.  Adaptability – While providing a stable framework, the constitution also allows for necessary amendments to accommodate changing societal needs and values, ensuring its relevance over time. Sources of the Constitution of India   Government of India Act of 1935 – Federal Scheme, Office of Governor, Judiciary, Public Service Commissions, Emergency Provisions, and Administrative Details.  British Constitution – Parliamentary System of Government, Rule of Law, Legislative Procedure, Single Citizenship, Cabinet System, Prerogative Writs, Parliamentary Privileges, and Bicameralism.  US Constitution – Fundamental Rights, Independence of the Judiciary, Judicial Review, Impeachment of the President, Removal of Supreme Court and High Court Judges, and the Post of the Vice-President.  Irish Constitution – Directive Principles of State Policy, the Nomination of Members to Rajya Sabha, and Method of Election of the President.  Canadian Constitution – Federation with a strong Centre, vesting of residuary powers in the Centre, appointment of state governors by the Centre, and advisory jurisdiction of the Supreme Court.  Australian Constitution – Concurrent List, Freedom of Trade, Commerce & Intercourse, and a Joint Sitting of the two Houses of Parliament.  Weimar Constitution of Germany – Suspension of Fundamental Rights during Emergency.  Soviet Constitution (USSR, now Russia) – Fundamental duties and the ideal of Justice (Social, Economic, and Political) in the Preamble.  French Constitution – Republic and the ideals of Liberty, Equality, and Fraternity in the Preamble.  South African Constitution – Procedure for amendment of the Constitution and election of members of Rajya Sabha.  Japanese Constitution – Procedure established by law. Need and Importance most countries in the world have a constitution. While all democratic countries are likely to have a constitution, it is not necessary that all countries that have a Constitution are democratic. There can be several purposes for drafting a constitution, they are:  To provide a set of basic rules that allow for minimal coordination amongst members of society.  To specify who has the power to make decisions in a society. It decides how the government will be constituted.  To set some limits on what a government can impose on its citizens. These limits are fundamental in the sense that government may never trespass on them.  To enable the government to fulfil the aspirations of a society and create conditions for a just society. Therefore, it can be understood that the constitution allows coordination and assurance. On the other hand, it can limit the powers of the government. The Indian Constitution stands as a testament to the nation’s democratic ideals and aspirations. Its meticulous crafting, rooted in historical struggles and visionary principles, continues to guide India’s journey towards a more just, inclusive, and prosperous society. The Indian Constitution stands as a testament to upholding its values, fostering unity amidst diversity, and safeguarding the rights and liberties of every citizen, thus ensuring a brighter future for generations to come. Indian Constitutional Development The Indian Constitution's evolution can be traced back to the colonial era under British rule. Starting from 1773, a series of acts were passed by the British Government to govern India. However, these acts failed to satisfy Indian aspirations as they were imposed by foreign rulers. The period of British Constitutional experiments in India can be broadly divided into two phases: 1. Phase 1- Constitutional experimentation during the rule of the East India Company (1773-1857) 2. Phase 2 – Constitutional experimentation under the British Crown (1857-1947) Constitutional Evolution during the East India Company Rule (1773 – 1857) The period from 1757 to 1857 witnessed the enactment of five major laws to regulate the British East India Company's operations and help them govern India. Here are the details of these five acts. Regulating Act of 1773 The Regulating Act of 1773 marked the initiation of the centralization process in India. 1. This Act was the first passed by the British Parliament to control and regulate the affairs of the East India Company in India. 2. The Governor of Bengal was appointed the Governor-General as per this Act. 3. Warren Hastings became the first Governor-General of India. 4. The Act made the Governors of Bombay and Madras subordinate to the Governor of Bengal. 5. The Governor-General was empowered to make rules and regulations. 6. The Governor-General was assisted by a council of four members. 7. The number of Directors in the Company was fixed at four. 8. The Governor-General had to follow the orders of the Directors of the Company. 9. The company's revenue should be reported by The Court of Directors, who were the governing body of the company. 10. A Supreme Court was established at Calcutta in 1774, as per the provisions of the Regulating Act 1773. 11. The Supreme Court comprised a Chief Justice and three Assistant Judges. Pitts India Act of 1784 The Pitts India Act of 1784 brought significant changes to the constitutional history of India. 1. This Act declared the territories of the East India Company as the "British Possessions in India." 2. The Act established a joint Government of British India run by the Crown and the Company, with the government holding the ultimate authority. 3. A Court of Directors was formed for Commercial Operations and a six-member Board of Control was appointed for Political affairs as per the provisions of the Pitts India Act 1784. 4. The Governor-General's Council was reduced from four members to three. 5. Governors Councils were established in Bombay and Madras. Charter Act of 1813 1. The Act ended the monopoly of the East India Company over trade with India.  2. Trade with India was opened for all British citizens, excluding the Tea Trade. Learn more about the Charter Act of 1813 at the given link. Charter Act of 1833 1. The Governor-General of Bengal was designated as the Governor-General of India. 2. Lord William Bentick became the first Governor-General of India. 3. The East India Company ceased to be a commercial body, becoming merely an administrative body. 4. The Governor-General was granted full control over revenue, civil, and military affairs. 5. The Charter Act of 1833 marked the final step in the process of centralization in India, a process that began with the Regulating Act of 1773. Charter Act of 1853 1. The Civil Service Examination was introduced. This was a competitive examination for recruitment into civil services. 2. The executive and legislative functions of the Governor-General were separated. 3. This Act allowed for the addition of six new members to the Legislative Council, four of whom were appointed by the Provisional Governments of Bengal, Bombay, Madras, and Agra. 4. As per the provisions of the Charter Act of 1853 , the Governor-General's Legislative Council was renamed the Central Legislative Council. 5. The Central Legislative Council began functioning as a mini-parliament, adopting the same procedures as the British Parliament. Constitutional Evolution under the British Crown (1857-1947) This marks the beginning of the second phase of constitutional development under the British Crown. Government of India Act of 1858 1. The Government of India Act of 1858 passed by the British Parliament marked the end of the rule of the East India Company, transferring powers to the British Crown. 2. The Secretary of State for India took over the powers and duties of the former Court of Directors and controlled the Indian administration through the Viceroy of India. 3. The Secretary of State for India was assisted by the Council of India, which consisted of 15 members. This council served as an advisory body. 4. The Governor-General of India was made the Viceroy of India. 5. Lord Canning became the first Viceroy of India. Indian Council Act of 1861 1. For the first time, Indians were nominated as non-official members to the Legislative Council of the Viceroy. 2. Legislative Councils were established at the provincial and central levels. 3. The legislative powers of the provinces of Bombay and Madras were restored. 4. Legislative Councils were introduced in the provinces of Punjab, North-Western Frontier Province (NWFP), and Bengal. For more information on the Indian Council Act of 1861 , visit the given link. Indian Council Act of 1892 1. The size of the Legislative Council was increased. 2. The Legislative Council was given more power. They could deliberate on the budget and question the executive. 3. Indirect elections were introduced for the first time. 4. The principle of representation was introduced as per the provisions given in the Indian Council Act of 1892. Indian Councils Act, 1909 – Morley Minto Reforms 1. The Indian Councils Act of 1909 is commonly known as the Morley Minto Reforms. 2. For the first time, direct elections were introduced for the Legislative Councils. 3. The Central Legislative Council was renamed the Imperial Legislative Council. 4. The system of communal representation was introduced by providing separate electorates. Seats were reserved only for Muslims and only Muslims could be polled. 5. For the first time, Indians were appointed to the Viceroy's Executive Council. Satyendra Sinha was the law member. Aspirants can learn more about Morley Minto Reforms in the given link. Government of India Act, 1919 – Montagu Chelmsford Reforms 1. The Government of India Act, 1919, also known as the Montagu Chelmsford Reforms, was introduced. 2. For the first time, bicameralism was introduced. 3. Provincial and Central Subjects were separated. 4. Dyarchy, a dual governance scheme, was introduced in Provincial Subjects. It was divided into Reserved and Transferred. The transferred list included agriculture, health, education, and supervision of local government. The Transferred list was given to the Government of Ministers answerable to the Provincial Council. The reserved list included communications, foreign affairs, defense; this transferred list was under the Viceroy's control. 5. Out of six members in the Viceroy's Executive Council, three were Indians. 6. The Act provided for the establishment of the Public Service Commission in India for the first time. 7. Communal representation was extended to Christians, Anglo-Indians, Sikhs. 8. The franchise was given to a limited population based on taxable income, property ownership, and payment of land revenue of Rs 3000. 9. The Montagu Chelmsford Reforms provided for the setting up of a statutory commission at the end of 10 years to review the Government's working. Government of India Act 1935 The Government of India Act 1935 was the longest and the last constitutional measure introduced by British India. It was the result of multiple round table conferences and a report by the Simon Commission. 1. Bicameralism was introduced in six out of 11 provinces (Bengal, Bombay, Madras, Assam, Bihar, United Provinces).  2. The legislature in the provinces was enlarged. 3. As per the Act, powers were divided into the Federal List, Provincial List, and Concurrent List. 4. Provincial autonomy was introduced in the provinces by abolishing the Dyarchy. 5. The Act provided for the adoption of Dyarchy at the Centre. 6. The Act provided for the establishment of the Federal Court and the Reserve Bank of India (RBI). 7. There was a provision for the establishment of an All India Federation consisting of Provinces and Princely States as units. 8. Due to the length of the Government of India Act 1935 , it was divided into two separate acts. Cripps Mission – 1942 In 1942, the Cripps Mission, led by Sir Stafford Cripps, was sent to India. Some of the proposals given by the Cripps Mission are as follows. 1. Dominion status would be granted to India after the Second World War. 2. Once the Second World War ended, an elected body would be set up in India to draft the Indian Constitution. 3. Even the Indian States would participate in the constitution-making body. 4. Almost all parties and sections in India rejected the proposals given by the Cripps Mission. Cabinet Mission – 1946 The Cabinet Mission plan included some main proposals, such as: 1. The Indian States and British Provinces would combine to form the Union of India. 2. A Constituent Assembly would be established, consisting of 389 members. 3. An interim government would be formed by 14 members from major political parties. 4. A representative body named the Constituent Assembly would be formed. 5. Until the Constitution was framed, the Constituent Assembly would act as the Dominion Legislature. 6. Until the Constitution was framed, India would be administered as per the Government of India Act, 1935. Mountbatten Plan – Indian Independence Act – 1947 1. British India was partitioned into India and Pakistan effective from August 15, 1947. 2. Complete legislative authority was conferred on the Constituent Assembly. 3. Governments were established in both provinces and states. Constitution of Independent India 1. The Indian Constitution was drafted by the Constituent Assembly, which took nearly three years to complete this monumental task. 2. The Constituent Assembly convened for the first time on December 9, 1946. 3. On August 14, 1947, a proposal was made for the creation of committees.  4. The Drafting Committee was established on August 29, 1947, and the Constituent Assembly began the process of writing the Constitution. 5. Dr. Rajendra Prasad, as the President, prepared the draft of the new constitution of Independent India in February 1948. 6. The Constitution was adopted on November 26, 1949. 7. The Constitution came into effect on January 26, 1950, marking India as a Republic. 8. On that day, the Assembly ceased to exist, transforming itself into the Provisional Parliament of India until a new Parliament was constituted in 1952. 1.3 Constituent Assembly of India Constituent Assembly of India formed the Constitution and played a major role in the formation and enactment of a lot of laws. How was the Constituent Assembly of India Formed? The Constituent Assembly of India was originally formed to frame the Constitution of India. Provincial Assembly were the ones who elected this committee. M. N. Roy, a pioneer of the Communist movement in India was the first person who proposed the idea of the Constituent Assembly in 1934. This idea was later proposed by the Indian National Congress in 1935. There was a session held by the Indian National Congress presided by Pt. Jawahar Lal Nehru in April 1935 at Lucknow. During this session, the members of Congress raised an official demand for the Constituent Assembly. Although this demand was rejected. In 1938, Pt. Jawahar Lal Nehru made an impactful statement regarding the Constitution and Assembly, ‘The constitution of free India must be framed, without outside interference, by a constituent assembly elected based on adult franchise’ Later on, C. Rajagopalachari who was an independence activist and at the same time an Indian statesman, writer and lawyer raised his voice for the making of Constituent Assembly of India on 15 November 1939. The British accepted the demand for a Constituent Assembly through their ‘August offer’ of 1940. The elections for the Assembly were held for the first time under the Cabinet Mission Plan of 1946. To fulfill the purpose of its making, the Constituent Assembly framed the Constitution of India and implemented it on 16 May 1946. How were Members of the Constituent Assembly Elected? The Provincial Assembly elected the members of the Constituent Assembly Of India by a single, transferable-vote system. The total number of members of the Assembly were 389. Among these members 292 represented the provinces, 93 were the representatives of the princely states and 4 were from the chief commissioner provinces: Delhi, British Baluchistan, Coorg and Ajmer-Merwara. The elections that were assigned to the British Indian provinces for the 296 seats were completed by August 1946. In this election, Congress won the majority of the seats: 208. On the other hand, Muslim League had only won 73 seats. As they have lost in this election, the Muslim League refused to work with Congress and the political situation got worse. The Hindu-Muslim riots began and the Muslims demanded their own Constituent Assembly for Muslims. On 9 December 1946, the Constituent Assembly of India met for the first time. Later on, they reassembled again on 14 August 1947 as a sovereign body. Due to the partition between India and Pakistan, a separate constituent assembly of Pakistan was framed on 3 June 1947. Since a new assembly was formed, new elections were held for West Punjab and East Bengal. West Punjab became part of Pakistan and East Bengal became Bangladesh. After this reorganization, the total members of the Constituent Assembly were 299 and they framed the Constitution of India. On 9 December 1946, these delegates sat for 2 years 11 months and 18 days to discuss what things and laws should be included in the Constitution. Over these two years, the Constituent Assembly had 11 sessions. This committee was chaired by B. R. Ambedkar. Functions of the Constituent Assembly of India:  Frame the Constitution of India and make sure that everyone in the country gets equal rights and opportunities.  The assembly adopted the National flag on July 22, 1947.  Enact the laws  In May 1949 the assembly approved India’s membership in the British Commonwealth.  On January 24, 1950, Dr Rajendra Prasad was elected the first President of India through this committee.  Adopted both the National anthem and National Song on January 24, 1950. Criticism of the Constituent Assembly of India: The major criticism of the Constituent Assembly of India was that it was not formed by universal suffrage. Many feel that it was dominated by Congress members and lawyer- politicians. There were allegations that since the Constituent Assembly was formed during the British order it was not a sovereign body. The committee took an unreasonable time to frame the Constitution. The committee consisted majorly of Hindus. Are all these criticisms true? Not at all! The constituent assembly consisted of members from all the religions, castes and cultures of the society. This means that equal opportunity is given to all. The time taken by the constituent assembly to frame the Constitution is reasonable since India is a big country and they have to account for people from all the sections of the society. The secular provisions in the Constitution is a proof that the Constitution gave equal rights and opportunities to everyone irrespective of their caste and religion. Hence, the formation of the Constituent Assembly was necessary since India urgently needed a body that can frame and enact laws. The assembly took a lot of great initiatives and made laws that guaranteed equal respect to all. There were a lot of difficulties in the formation of the Constituent Assembly. But, in the end, due to the support of all the Indians and prime leaders, the assembly was finally formed. The Constituent Assembly consisted of members from all sections of the society. They played a major role in the formation of the Constitution. DR. B.R. AMBEDKAR ROLE IN MAKING OF THE INDIAN CONSTITUTION B.R. Ambedkar has been an outstanding and multifaceted personality of India. He was a great academician, a research scholar, a economist , a political scientist, a philosopher, and humanitarian.He was the first man who understand the necessity for a democratic system in India and analyzed the social, economic and political system of India in relation to other countries. When he compared this system with the others countries; and subsequently, realized a very significant changes in the Indian socio- economic and political system. He understands the problems and requirements of Indians which can be fulfilled by establishing a democratic system in India and when Dr. B.R. Ambedkar became the chairman of drafting committee he did all to establish a great democratic constitution for India. INTRODUCTION Dr. Bhimrao Ambedkar has been an outstanding contribution by drafting the Constitution of India and he become a champion of human rights. Dr. Ambedkar was born on the 14th April, 1891 in Mhow (now in Madhya Pradesh). After graduating from Elfinstone College, Bombay in 1912, he joined Columbia University, USA where he was awarded Ph.D. Later he joined the London School of Economics & obtained a degree of D.Sc. (Economics) & was called to the Bar from Gray's Inn. On the 14th October, 1956, Baba Sahib Ambedkar embraced Buddhism. He continued the crusade for social revolution until the end of his life on the 6th December 1956. He was honoured with the highest national honour, 'Bharat Ratna' in April 1990. Dr. Babasaheb Ambedkar was one of the illustrious sons of India, who struggled to restructure the Indian society on the most egalitarian and humanitarian principles. He was the first Indian political thinker who realized the necessity and applicability of the western pattern of democracy to India. He was multi-dimensional personality—a parliamentarian, a scholar, an Indian jurist, an advanced thinker, a philosopher, an anthropologist, a historian, an orator, a prolific writer, an economist and a constitutionalist of world repute. He was indeed a crusader of the downtrodden and a savior of the untouchables. He dedicated his entire life to the cause of Dalits, untouchables, marginal sections of society in particular and to the cause of inclusive democracy in general. Dr. Ambedkar was not only a learned scholar and an eminent jurist but also a revolutionary who fought against social evils like untouchability and caste restrictions. Throughout his life, he battled social discrimination while upholding the rights of the Dalits and other socially backward classes. As a matter of fact, he was an economist and his various scholarly works and speeches indicate his deep understanding of the problems faced by the Indian society. He was appointed as the India’s first Law Minister. He is still considered as the Father of the Indian Constitution. His contribution in the Second Round Table Conference and its Federal Structure Committee which was well connected with the drafting of the new Constitution of India was highly appreciated. He was selected to the Federal Structure Committee not by the Indian National Congress but by the British after understanding his patriotic mind and fearless advocacy for common man and democracy. For him, it was not enough to make a distinction between the state and society; state and the government; and state and the nation; rather he went to the roots of these institutions to point out the essential element constituting these institutions i.e. the people. At the same time even the celebrated western writers like Harold Laski and Melver did not go further than suggesting a distinction between the state and society and so on. They made only superficial references to the social and economic status of the various classes of people who constitute the society and the state. Making of the constitution of India was by no means an easy task. It required the highest statecraft, statesmanship, scholarship, and intellectual acumen endowed with a flood of knowledge of the history of nations in the given context, and the working of Constitutions in the democratic, totalitarian, dictatorship and other forms of governments. Owing to his seminal role in the framing of the Indian Constitution, Dr. Bhimrao Ambedkar is popularly known all over India as the chief architect of the Indian Constitution. His efforts to eradicate social evils were remarkable and that is why he is called the “messiah” of the Dalits and downtrodden in India. Times of London wrote, “In the social and political life during the last period of the British Empire in India, Dr. Ambedkar’s name occupied a prime position. His face reflected his courage and resoluteness, and although his intellect had no parallel in the world, he was not too proud. He could never be flashy”. Considering the depth of his acumen and scholarship, On August 29, 1947 Dr. Ambedkar was appointed the Chairman of the Drafting Committee that was constituted by Constituent Assembly to draft a Constitution for independent India. The draft Constitution was the result of the collective efforts of a galaxy of great leaders and legal scholars in the Constituent Assembly such as Jawaharlal Nehru, Rajendra Prasad, B.R. Ambedkar, Sardar Patel, B.N. Rao, Alladi Krishnaswamy Ayyar etc. Speaking after the completion of his work, Ambedkar said: “I feel the Constitution is workable; it is flexible and it is strong enough to hold the country together both in peace time and in war time.” It has been in effect since January 26, 1950, which is celebrated as the Republic Day in India. The Columbia University at its Special convocation on June 5, 1952 conferred the LL.D. degree (HonorisCausa) on Dr Ambedkar in recognition of his drafting the Constitution of India. The citation read as: “The degree is being conferred in recognition of the work done by him in connection with the drafting of India’s Constitution”. The University hailed him as “one of India’s leading citizens, a great social reformer and valiant upholder of human rights”. To Ambedkar, the Constitution was not just the basic law for the governance of the country; rather it was a vehicle of the nation’s progress, reflecting the best in the past traditions of the country, to cope with the needs of the present and possessing enough resilience to meet the needs of the future. At the same time he was of the view that it must be a living organ, not for one or two generations, but for generations to come. Ambedkar kept the clauses of the Constitution flexible so that amendments could be made as and when the situation demanded. He provided an inspiring Preamble to the Constitution ensuring justice, social, economic and political, liberty, equality and fraternity. However, the creation of an egalitarian social order, however, remains an unfulfilled wishful thinking to this day. Dr Ambedkar played a seminal role in the framing of the Indian Constitution. He used all his experience and knowledge in drafting the Constitution. He has awarded a legal framework for the people of India on become India as Ganarajaya, as a result devolution of power to the people. To this end, his contribution was significant, substantial, and spectacular. Dr Ambedkar’s contribution to the evolution of free India lies in his striving for ensuring justice—social, economic and political—for one and all. Recognising the exceptional contribution of Ambedkar in drafting of the Constitution, Pandit Jawaharlal Nehru remarked: “Dr. Ambedkar had played a most important part in the framing of India’s Constitution. No one took greater trouble and care over Constitution-making than Dr. Ambedkar.” He carved a unique and impregnable pride of place and honour in the history of the free Indian nation. So long as the Indian Constitution survives, the name of Babasaheb Ambedkar will remain immortal. He lives forever in the hearts of every downtrodden. The first President of India, Dr Rajendra Prasad, praised for the services rendered by Dr Ambedkar in the constituting the Indian Constitution: “I have carefully watched the day-to-day activities from the presidential seat. Therefore, I appreciate more than others with how much dedication and vitality this task has been carried out by the Drafting Committee and by its chairman Dr Bhim Rao Ambedkar in particular. We never did a better thing than having Dr Ambedkar on the Drafting Committee and selecting him as its chairman.” CONTRIBUTION IN MAKING OF CONSTITUTION The Fundamental Rights Ambedkar was a champion of fundamental rights and said: “I came into the constitution assembly with a greater aspiration then to safeguard the interest of the scheduled castes. I had not the remotest idea that I would be called upon to undertake more responsible function. I was, therefore, surprised when the assembly elected to me the Drafting Committee. I was more than surprised when the Drafting Committee elected me to be its chairman”. The Part III of the Indian Constitution guarantees the fundamental rights to the citizens against the state. Some of the fundamental rights contained in Articles 15(2), 17, 23, and 24 are also enforceable against individuals as they are very significant rights relating to the prohibition of discrimination on grounds of religion, race, caste, sex or place of birth etc. The text prepared by Ambedkar provided constitutional guarantees and protections for a wide range of civil liberties for individual citizens, including freedom of religion, the abolition of untouchability and outlawing all forms of discrimination. Ambedkar argued for extensive economic and social rights for women. Dr. Ambedkar was rather more instrumental in incorporating Article 17 which provides for the ‘Abolition of Untouchability’ whereby “Untouchability’’ is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability’’ shall be an offence punishable in accordance with law. Based on this article, the Civil rights Protection Act 1965 and the Prevention of Atrocities (Scheduled castes Scheduled tribes) Act 1989 was enacted by the Parliament for the protection of Dalit rights. Even though, castebased discrimination and violence still remains a fact of life in Today’s India, there has been considerable progress for the historically disadvantaged sections of society. There were numerous political parties have emerged on the strength of voters from the oppressed sections, and the benefits of education and economic development have also been gradually reaching these sections. The attainment of genuine social equality is of course a gradual process and may be several generations away, but it was Dr. B.R. Ambedkar who set us on this path with a written constitution based on the philosophy considering its ‘people’ as the centre. It is not surprising that the invocation of his life and contributions continues to be a major factor in political mobilization, even today. He took all care to enshrine the progressive ideas and ideals of the National Congress into the Constitution. It is perhaps under his spell-binding impact that government of India introduced the bill in Lok Sabha prohibiting manual scavenging, with the provision to rehabilitate those engaged in such inhuman employment and impose stringent measures to stop such practices, quite recently. His role was equally crucial in introducing other fundamental rights whereby Constitution provides for equal justice, freedom and dignity to all Indian citizens irrespective of caste, creed or religion. It is in this context that New York Times wrote, “The whole world acknowledges him as the leader of untouchables. But few realized his permanent impact on the constitutional set up of India”. The text prepared by Ambedkar provided constitutional guarantees and protections for a wide range of civil liberties for individual citizens, including freedom of religion, the abolition of untouchability and the outlawing of all forms of discrimination. Though he made an outstanding contribution in framing the Constitution of India, his efforts in enacting the Article 32 in the Constitution which guarantees a citizen the fundamental right to move the Supreme Court directly for enforcement of his or her fundamental rights was a noteworthy one. The rationale was to secure speedy and inexpensive justice to orders or writs in the nature of habeas corpus, mandamus, certioraris etc. or any other appropriate remedy, as the case may be, for the enforcement of fundamental rights guaranteed by the Constitution. Dr Ambedkar regarded this provision as ‘‘the very soul of the Constitution and the very heart of it''. Socio-economic Justice for the people The concept of socio-economic justice, as envisioned by Dr. B.R. Ambedkar is very well reflected in the Directive principles of state policy. Part IV of the constitution, which is entitled as directive principles of state policy, includes the right to adequate means of livelihood, right against economic exploitation, right of both sexes to equal pay for equal work, right to work, right to leisure and rest and right to public assistance in case of unemployment, old age, sickness and like. This part also contains some principles of economic and social justice and certain ideals which the state should strive to attain. Article 38, for instance, directs the state to bring about a social order where justice- social, political and economic shall be uniform to all the institution of national life. Article 39, directs creation of conditions where there will be no ‘concentration of wealth and means of production to the common detriment’ and to see that the ‘ownership and control of the material resources of the community are so distributed as the best to sub-serve the common good’. Parliamentary Democracy According to B. R. Ambedkar “The Parliamentary system differs from a non- parliamentary system in as much as the former is more responsible than the latter, but they also differ as to the time and agency for assessment of their responsibility. The Drift Constitution in recommending the Parliamentary system of executive has preferred more responsibility to more stability”. He was a strong advocate of the parliamentary form of government right from the inception of the Government of India Act of 1935. He firmly believed that the parliamentary system of government alone can usher in an egalitarian society through the application of the principles of social democracy. Dr Ambedkar’s social democracy comprised politicians, political parties with high standards of political morality, honesty and integrity and strong and highly responsible Opposition party or parties committed to the cause of the downtrodden and depressed classes. The Preamble of the Indian Constitution (drafted by Dr. Ambedkar) echoes the principles of parliamentary democracy ensuring 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….” Hence, Dr Ambedkar was a strong advocate of the federal structure of the Union and States based on the principles of a strong Centre and independent States. Dr Ambedkar also did great service to the nation by proposing the institution of a unified judicial system and common All India Services with a view to strengthen national unity and integrity. Protective Discrimination/Reservation for the people The real contribution of Ambedkar is reflected in the protective discrimination scheme or the reservation policy of the government envisaged under some provisions of Part III and many of Part IV dealing with the constitutional mandate to ameliorate the condition of the Scheduled Castes and Scheduled Tribes and the other backward classes. Provisions like Articles 15(4), 16 (4) and Article 30 dealing with the protection of minorities are some of the notable examples of Part III and Part XI, and Schedule V and VI dealing with the upliftment of the Scheduled Castes and Schedule Tribes speak clearly about the substantial and significant contribution of Ambedkar for the development of untouchables. Ambedkar made it his mission to uplift the untouchables and other downtrodden masses from the unequal position of inferiority to that of equal position of parity in socio-economic status with highcaste Hindus. For achieving this goal the reservation policy or the scheme of protective discrimination was advocated and implemented by him for ten years (from the date of enforcement of Constitution) at least to ameliorate the conditions of the down- trodden sections of Hindu society. State Socialism Dr Ambedkar advocated his economic doctrine of “state socialism” in the draft Constitution. He proposed state ownership of agriculture with a collectivized method of cultivation and a modified form of state socialism in the field of industry. But due to strong opposition in the Constitution Assembly, he could not incorporate his scheme of state socialism under the fundamental rights as a part of the Constitution. The core of Dr Ambedkar’s political thinking is contained in his statements like— ‘rights are protected not by law but by the social and moral conscience of society;’ and a democratic form of government presupposes a democratic form of society. Social conscience is the only safeguard of all rights, fundamental or non-fundamental. For Ambedkar, Democracy is essentially a form of society, a mode of associated living. The roots of democracy are to be searched in the social relationship, and in the terms of associated life between the people who form a society. Ambedkar knew that mere adoption of a democratic system of government in the Constitution would not be sufficient. Equality in society, equality before law and administration, constitutional morality, lack of tyranny of the majority and developing public conscience are conditions for the success of democracy in India. The foremost condition for democracy, in Ambedkar’s opinion, is equality in society as equality is the foundation stone where the notions of liberty and fraternity develop. Dr Ambedkar also recognized the fact that the lofty ideals expressed in the Constitution would remain as they were, given the nature of contradictions inherent in society. To deny equality in social and economic life would be putting political democracy in peril. If the contradictions are not removed, those who suffer from inequality will blow up the structure of political democracy which Constituent Assembly has laboriously built up. The observations made by Dr. Ambedkar on November, 25, 1949 are prophetic and relevant considering the present political situation in our country. However the good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot. The Constitution can provide only the organs of state such as legislature, the executive and the judiciary. The factors on which the workings of these organs of state depend are the people and the political parties they will set up as their instruments to carry out their wishes and policies. Social Philosophy Ambedkar was, par excellence, a spokesman of the ignored humanity—the workers, small peasants and landless labourers. He expressed the sorrows of the untouchables and tried sincerely to channel the activities of the depressed classes. In mobilising them, he created a sense of self-respect and pride in them. He dedicated his life to the cause of removal of untouchability and completely identified himself with the socially segregated section of the Indian society. He launched a life-long crusade for liberating them from their centuries-old enslavement and ostracism. It is this crusade which “lifted him up high from a mere ghetto boy to a legend in his own lifetime”. He was born an untouchable and therefore he had an intense yearning to see that the untouchables are better placed in social, political and economic fields. He was for a total reorganisation and reconstruction of the Hindu society on two main principles—equality and absence of casteism. Dr. Ambedkar entertained a dream that political democracy can also be translated into social democracy. He tried to restructure a totally dilapidated structure. Ambedkar’s thinking arose out of his acute dissatisfaction with the anomalous treatment meted out to the people of his community. His mind was preoccupied with the social amelioration, political enlightenment, economic well-being and spiritual awakening of the downtrodden. He had a deep faith in fundamental human rights, in the equal rights of man and woman, in the dignity of the individual, in the promotion of better standards of life and, above all, in peace and security in all spheres of human life. He was a champion of a revolution to be brought about by the dynamics of public opinion through a change in the laws of the land. He was not a Utopian, but a realist. He saw a vast difference between a revolution and real social change. For him, the transfer of power must be accompanied by such distribution of power that the result would be a real social change in the relative strength of forces operating in society. Ambedkar was entirely committed to the annihilation of the caste system. According to him, caste system is not merely a division of labour but a division of labourers. It is a hierarchy in which the division of labourers is graded one above other. This division of labour is based on neither natural aptitude nor choice of the individual concerned. It is, therefore, harmful inasmuch as it involves the subordination of man’s natural powers and inclinations to the exigencies of social rules. Ambedkar reiterated: “The caste system prevents common activity and by preventing it, it has prevented the Hindus from becoming a society with unified life and a consciousness of its own being.” Hence, the Ambedkar’s great vision enjoined the abolition of casteism in every shape and form, since he was opposed to all divisive forces and aimed at strengthen the impulse of national integration. The greatly cherished ideals of “fraternity and equality were the cement with which he wanted to bind together a totally cohesive nation”. His long-range response was a direct attack against the root cause i.e. the caste system. Baba Sahib was indeed a friend, philosopher and a guide to the people belonged to low strata of society. All these people have seen a ray of hope through the eyes of Baba Sahab. It was a great expectation which has paved the way to lighten the path of the down-trodden people of India. OBJECTIVE Main objective of Dr. BR Ambedkar was to uproot the evil of deep rooted caste system and to transform this country from uncivilized state to civilized state. The Indian constitution is evolved as a result of Dr. BR Ambedkar’s relentless efforts and strategic approach to the system. The provisions made by Dr. BR Ambedkar in Indian Constitution which has enabled the Dalits and Women to enjoy the prospects of freedom, and to realize their individual identity. The all round development of disadvantaged groups in India (which is getting visible, though at a miniscule level) is only because of Dr. B.R. Ambedkar. What ails a sensible citizen today is the lack of interest for the effective implementation of Constitution. The need of the hour is to implement the constitution in its true spirit. It will enable the Indian society to overcome all social and economic evils that the Nation is facing. While Manu introduced social stratification on the basis of caste, Dr. Ambedkar envisioned annihilation of caste in India. Indian Hindu orthodoxy stood by Manu while Ambedkar stood for Dalits and women development in India. Ambedkar defeated Manu through Constitution by incorporating several articles in it to ensure individual human dignity, human rights, equal opportunities and most importantly social justice. The conditions of the untouchables and depressed sections of Indian society have not changed much. Social and economic justice is still evading them. The pathetic condition of the depressed classes has not shown the expected improvement. Social and economic inequalities continue to persist. Ambedkar’s dream of a society based on socio- economic justice, human dignity and equality is yet to be realised. Dr Ambedkar’s legacy will have to be retrieved and extended by activists committed to the social and cultural renaissance he had envisioned; and not by the political purveyors of an exhausted rhetoric who claim to speak in his name. His title to this dignity rests upon the social purposes he served and in the way he served them. His life is a saga of great struggles and achievements. His message to the people was: “You must have firm belief in sacredness of your mission. Noble is your aim and sublime and glorious is your mission. Blessed are those who are awakened to their duty to those among whom they are born”. In fact he played a pivotal role in the making of the Indian Constitution and chiefly responsible for drafting of the Constitution of India. Hence, the contribution of Baba Ambedkar is unforgettable for the people of India. The people of India have received the liberty through the Ballot Box. Indeed, the whole credit goes to the Baba Sahab Ambedkar for his outstanding contribution work for the country like India.