India is a unique and remarkable nation, with a history and culture that stretches back thousands of years. But while its storied past is certainly impressive, it's the nation's modern political structure that's truly extraordinary.
The Constitution of India is the supreme law of the land, and like other modern constitutions, it protects the fundamental rights of its citizens. But what makes the Indian Constitution truly remarkable is its origins—it was drafted by a committee led by Dr. B. R. Ambedkar, who was inspired by many different sources to create a document that truly reflected the values and beliefs of India's people.
In this article, we'll explore the history of India's remarkable Constitution and how it came to be one of the most respected documents in the world today. You'll learn about Ambedkar and his team's vision for a free and democratic society which still stands as an inspiration for millions of Indians around the globe.
Drafting India's Constitution: The Constituent Assembly
Did you know that India's Constitution was the longest written constitution in history? It took two years, eleven months, and eighteen days to write this remarkable document. So how did it all begin?
It was finally in 1946 that the Constituent Assembly was set up by the British Parliament to formulate India’s constitution. The Assembly's first sitting took place on the 9th of December 1946 and was made up of some of India's greatest minds. It had Dr. B.R Ambedkar as its leader who drafted the Constitution along with several other leaders such as Jawaharlal Nehru, Sardar Patel and Maulana Abul Kalam Azad.
The creation of India's Constitution was a momentous effort from a diverse group of individuals coming from different backgrounds and ideologies who worked together to create this historic document that is the cornerstone for India's democracy today.
Fundamental Rights and Principles: Ensuring Justice and Equality
The Indian Constitution, considered one of the most progressive modern constitutions in the world, was created to ensure justice and equality for all citizens. It guarantees fundamental rights such as equality, freedom of speech, life and liberty, and the pursuit of happiness to every citizen. The constitution also codifies several fundamental principles, such as 'Grievance Redressal', which ensures that citizens can address their grievances to government officials without fear of persecution or retribution.
The constitution also provides for certain economic and social rights such as the right to food, shelter, health and education for all its citizens. This is why India is one of the few countries in the world where poverty alleviation has been so successful: by granting all its citizens these basic fundamental rights. On top of this, special provisions have been made in the Constitution to promote harmony among different religious communities: it prohibits discrimination on grounds of religion or caste, and promotes equality among all sections of society.
Overall, India’s remarkable Constitution establishes a framework for justice, equality and harmony among its citizens — something that has become even more relevant in a rapidly globalizing world.
Division of Power: The Union and State Governments
You likely know that India has a federal structure of government, meaning that power is divided between the union (central) and states. It wasn't always like this, though. You may not know that India has what's called a quasi-federal system, which governs divisions of power—like that between the union and state governments—with some aspects of federalism and some not.
Balanced Sharing of Legislative Power
The Indian Constitution divides legislative power between the Union and State legislatures in a balanced way. The Union list includes subjects like defense, foreign affairs, railways and banking, while subjects like agriculture, public health and sanitation fall under the State list. This means that both levels of government can share responsibility for enacting laws related to any given subject.
Division by Residual Power
The Constitution also divides legislative power by what's referred to as residual power: any subject not included in either list goes to the Central government automatically. This means that states have more latitude than some other federations—and it's key to preserving a healthy balance between national and state governments in India.
The Indian Constitution is unique due to its division of powers among different levels of government:
Union list: Defense, Foreign Affairs, Railways, Banking
State list: Agriculture, Public Health & Sanitation
Residual Power: Central Government
The President, Prime Minister and Parliament: India's Governing Bodies
Under the Indian Constitution, India's three central governing bodies, the President, Prime Minister and Parliament, were established to ensure that India's government functions smoothly.
The President
The President is responsible for appointing Supreme Court judges and other high-ranking government officials.
The Prime Minister
The Prime Minister is the head of the government, who serves a five-year term. The Prime Minister must remain a member of one of India’s lower houses of Parliament—the Lok Sabha or Rajya Sabha. He has the power to dissolve both houses if necessary and to call for new elections at any time. The current Prime Minister of India is Narendra Modi, who took office in May 2014 and was recently re-elected for another five-year term in 2019.
Parliament
Parliament have of two houses: the lower house (Lok Sabha) and the upper house (Rajya Sabha). Members are elected by popular vote. Parliament is responsible for making laws related to taxation, finance, foreign trade and defense. It can also amend or repeal existing laws or create new ones.
An Independent Judiciary: The Supreme Court and High Courts
Did you know that the Indian constitution provides for an independent judiciary? The judiciary is composed of the Supreme Court, and High Courts in each state.
The Supreme Court is the top court in the Indian legal system. It has appellate jurisdiction, meaning it hears appeals from lower courts and tribunals, as well as original jurisdiction to settle disputes between various states or between a state and the Center.
The High Courts are established by Parliament, and hear civil and criminal appeals from lower courts. They also have original jurisdiction to hear cases involving constitutional matters within their provinces.
The judiciary plays an important role in protecting citizens’ rights under the constitution, including enforcing fundamental rights such as freedom of speech and expression, freedom of religion, cultural rights, economic rights and more. In addition to safeguarding citizens’ rights, it also ensures that laws made by Parliament are followed properly.
Amending the Constitution: How India's Laws Have Evolved
When India created its constitution over 70 years ago, it was designed to change with the times. Its framers made sure of this by including a list of procedures for amending the constitution. In fact, between 1950 and 2019, there were a total of 101 constitutional amendments—more than one amendment per year!
So how does the amendment process work?
The Process
In India, amending the constitution goes through a rigorous process starting in either the Lok Sabha or Rajya Sabha, where it must pass with a majority vote. If it passes in either house, it then goes to the other house for voting and discussions. If passed again with a majority vote, then it is sent to the President who gives notification of adoption or sending back for further consideration by both houses. After this process is complete and the amendment passes both houses of Parliament, then the bill becomes an actual constitutional amendment.
What Changes Can Be Made?
Amendments to India's constitution can be made to any part of it—shifting from federal to unitary systems of government, changing electoral laws, altering rights and duties of citizens etc. The amendments simply need to adhere to principles established by court rulings from the Supreme Court or High Courts.
Indian parliament's ability to quickly adapt their Constitution has kept them ahead of other countries in terms of adapting their laws to suit current needs and times—a feat that is not easy!
Conclusion
It’s been nearly 72 years since the Indian Constitution was adopted and the country achieved independence. This remarkable document was the result of countless years of hard work and dedication from the framers, and it has served as the framework for India’s democracy and stability ever since.
The Constitution of India is a living document, a testament to the courage and wisdom of its framers. It has withstood the test of time and helped India become one of the oldest and most stable democracies in the world. It is a reminder of the vibrant and diverse culture of India, and the unity and collective spirit of its citizens. The Indian Constitution continues to inspire and guide the nation forward, and it will remain an integral part of the Indian identity for many years to come.