Unit 1: The Constitution: Foundation and Philosophy

Making of the Indian Constitution, Salient Features and Philosophy

Making of the Indian Constitution

The Constitution of India was not drafted overnight. It was the culmination of a long historical process and the hard work of the **Constituent Assembly**.

• Demand for a Constituent Assembly: The idea was first put forward by M.N. Roy in 1934 and was officially demanded by the Indian National Congress in 1935.
• Formation: The Constituent Assembly was formed in 1946 under the **Cabinet Mission Plan**. Its members were elected indirectly by the members of the Provincial Legislative Assemblies.
• Composition: Initially, it had 389 members, which was reduced to 299 after the partition of India. Dr. Sachchidananda Sinha was the temporary president, and later, **Dr. Rajendra Prasad** was elected as the permanent President.
• Drafting Committee: The most important committee was the Drafting Committee, chaired by **Dr. B.R. Ambedkar**, who is rightly called the 'Father of the Indian Constitution'.
• Timeline: The Assembly took **2 years, 11 months, and 18 days** to complete its task. The Constitution was adopted on **November 26, 1949**, and came into full effect on **January 26, 1950**.

Salient Features of the Constitution

The Indian Constitution is unique and draws from the best features of various other constitutions.

1. Lengthiest Written Constitution: It is the most detailed and comprehensive constitution in the world.
2. Drawn from Various Sources: It borrows heavily from other constitutions (e.g., Parliamentary system from the UK, Fundamental Rights from the USA, Directive Principles from Ireland).
3. Blend of Rigidity and Flexibility: Some provisions can be amended by a simple majority, while others require a special majority, making it neither too rigid nor too flexible.
4. Federal System with Unitary Bias: It establishes a federal structure (two governments, division of powers) but with a strong central government.
5. Parliamentary Form of Government: The executive is responsible to the legislature.
6. Secular State: The state does not have an official religion and treats all religions equally.
7. Universal Adult Franchise: Every citizen above 18 years has the right to vote without any discrimination.
8. Independent Judiciary: A hierarchical and independent judicial system to protect the rule of law and fundamental rights.
9. Fundamental Rights, Duties, and Directive Principles: A comprehensive charter of rights and duties for citizens and directives for the state.

Philosophy of the Constitution

The philosophy is best reflected in the **Preamble** to the Constitution. The Preamble declares India to be a **Sovereign, Socialist, Secular, and Democratic Republic** and aims to secure for all its citizens:

• 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.

Fundamental Rights and Duties, Directive Principles of State Policy

Fundamental Rights (Part III, Articles 12-35)

These are basic human rights guaranteed to all citizens. They are **justiciable**, meaning one can go to court if they are violated.

There are six fundamental rights:

1. Right to Equality (Articles 14-18): Equality before law, prohibition of discrimination, and equality of opportunity.
2. Right to Freedom (Articles 19-22): Freedom of speech, assembly, association, movement, residence, and profession.
3. Right against Exploitation (Articles 23-24): Prohibits human trafficking, forced labor, and child labor.
4. Right to Freedom of Religion (Articles 25-28): Freedom of conscience and the right to practice, profess, and propagate religion.
5. Cultural and Educational Rights (Articles 29-30): Protects the interests of minorities.
6. Right to Constitutional Remedies (Article 32): The right to move the Supreme Court for the enforcement of rights. Dr. Ambedkar called it the "heart and soul" of the Constitution.

Directive Principles of State Policy (DPSP) (Part IV, Articles 36-51)

These are ideals that the state should keep in mind while formulating policies and enacting laws. They are **non-justiciable**, meaning they are not enforceable by courts.

Purpose: To establish a social and economic democracy—a **welfare state**.

They are broadly classified into:

• Socialist Principles: e.g., to secure a living wage, promote equal justice and free legal aid.
• Gandhian Principles: e.g., to organize village panchayats, prohibit the consumption of intoxicating drinks.
• Liberal-Intellectual Principles: e.g., to secure a uniform civil code, protect monuments of national importance.

Fundamental Duties (Part IVA, Article 51-A)

Added by the **42nd Amendment in 1976** on the recommendation of the **Swaran Singh Committee**. Like DPSPs, they are **non-justiciable**.

There are 11 fundamental duties, which include:

• To abide by the Constitution and respect its ideals and institutions.
• To cherish the noble ideals of the freedom struggle.
• To uphold and protect the sovereignty, unity, and integrity of India.
• To defend the country and render national service.
• To promote harmony and the spirit of common brotherhood.
• To value and preserve the rich heritage of our composite culture.