Lengthy Drafting Process: The Constitution of India underwent an extensive drafting process spanning almost three years, from December 1946 to November 1949. This process involved intense deliberation among members of the Constituent Assembly, led by Dr. B.R. Ambedkar as the Chairman of the Drafting Committee, to meticulously outline the legal and constitutional framework governing the nation.
Influence of Other Constitutions: During the drafting process, the Constituent Assembly drew inspiration from various constitutional models, including those of the United States, Canada, Ireland, and Australia. This indicates the comparative approach adopted by the framers to incorporate suitable provisions while customizing them to suit India’s socio-political context.
Handwritten Copies: The original copies of the Constitution were handwritten in both Hindi and English. This traditional method of transcription underscores the historical significance and ceremonial importance attributed to the foundational document of independent India.
Calligraphy by Prem Behari Narain Raizada: Noteworthy is the role of Prem Behari Narain Raizada, a renowned calligrapher, who meticulously rendered the handwritten copies of the Constitution. His calligraphic expertise lent an aesthetic appeal to the document, reflecting the reverence accorded to the Constitution.
Borrowed Language: The Preamble of the Indian Constitution incorporates the terms “socialist” and “secular,” derived from the objectives resolution moved by Jawaharlal Nehru in the Constituent Assembly. This linguistic borrowing signifies the ideological underpinnings and historical context shaping the constitutional vision of the nation.
Lengthiest Constitution: With 448 articles, 12 schedules, and 97 amendments, the Constitution of India stands as one of the lengthiest in the world, embodying a comprehensive legal framework governing various aspects of governance, rights, and duties.
Universal Adult Franchise: The Constitution of India enshrines the principle of universal adult franchise from its inception, granting every citizen above the age of 18 the right to vote, thereby ensuring broad-based political participation and representation.
B.R. Ambedkar’s Contribution: Dr. B.R. Ambedkar, the chief architect of the Indian Constitution, played a pivotal role in articulating and incorporating principles of social justice, equality, and fundamental rights into the constitutional framework. His leadership and expertise profoundly influenced the drafting process and the eventual shape of the Constitution.
Rural Inspiration: The Directive Principles of State Policy incorporated into the Constitution draw inspiration from the Irish Constitution, emphasizing the state’s obligation to secure social and economic justice for all sections of society, particularly the marginalized and vulnerable.
Article 370: Initially, Article 370 granted special autonomous status to the state of Jammu and Kashmir. However, its abrogation in 2019 by a Presidential Order led to significant constitutional amendments and alterations in the governance structure of the region.
Emergency Provisions: The Constitution of India provides for the declaration of three types of emergencies: national emergency, state emergency (commonly known as President’s Rule), and financial emergency. These provisions empower the executive to take extraordinary measures to address crises threatening the security, integrity, or financial stability of the nation or a state.
Fundamental Rights: The Constitution guarantees six fundamental rights to its citizens, namely the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies. These rights form the cornerstone of individual liberty and dignity, safeguarding citizens against arbitrary state action.
Amendment Procedures: The Constitution delineates two distinct procedures for amending its provisions: the ordinary procedure requiring a simple majority in both houses of Parliament and the special procedure necessitating a two-thirds majority in Parliament along with ratification by half of the state legislatures. These procedures balance the need for constitutional flexibility with the requirement for consensus-building among stakeholders.
Constitutional Amendments: The 42nd Amendment to the Constitution, enacted during the period of national emergency in 1976, introduced several significant changes aimed at consolidating central authority and curbing certain fundamental rights. This amendment has since been subject to critical scrutiny for its implications on constitutional democracy and the separation of powers.
Judicial Review: The Constitution vests the judiciary, particularly the Supreme Court and High Courts, with the power of judicial review to adjudicate on the constitutionality of laws and executive actions. This mechanism serves as a check on legislative and executive overreach, ensuring conformity with constitutional principles and protecting fundamental rights.
Federal System with Unitary Features: India’s constitutional structure exhibits elements of federalism with a strong unitary bias, characterized by a division of powers between the central and state governments. While the states enjoy autonomy in certain areas, the Constitution confers residual powers to the central government, maintaining a delicate balance between federal and unitary principles.
Residual Powers: Unlike traditional federal systems, the Constitution of India allocates residual powers, i.e., those not specifically assigned to the states, to the central government. This arrangement enhances administrative efficiency and facilitates uniformity in governance across the nation.
Schedules of the Constitution: The Constitution contains 12 schedules, which serve as adjuncts to the main text, providing supplemental details on various administrative and procedural matters, such as the allocation of seats in the Rajya Sabha, forms of oaths, and provisions related to tribal areas.
Constitutional Amendments on Languages: The Constitution has been subject to several amendments aimed at recognizing and preserving linguistic diversity in India. These amendments, particularly those adding languages to the Eighth Schedule, reflect the constitutional commitment to promoting multilingualism and cultural pluralism.
Constitutional Bodies: The Constitution establishes various independent bodies, such as the Election Commission, Finance Commission, and Union Public Service Commission, to ensure the impartial functioning of democratic institutions and uphold the principles of transparency, accountability, and meritocracy.
Federalism and Centre-State Relations: The Constitution delineates the distribution of powers and responsibilities between the central and state governments, delineating their respective spheres of authority. This framework fosters cooperative federalism, wherein both levels of government collaborate to address national and regional challenges while respecting the autonomy of states.
Living Document: The Indian Constitution is often characterized as a “living document” due to its capacity for adaptation and evolution over time. Through the mechanism of constitutional amendments and judicial interpretation, the Constitution has remained responsive to changing societal norms, technological advancements, and emergent challenges, thereby ensuring its continued relevance and efficacy in governing a dynamic and diverse nation.
These detailed explanations provide a comprehensive legal perspective on the various facets of the Indian Constitution highlighted in the article.
In conclusion, the Constitution of India emerges as a meticulously crafted document forged through an extensive drafting process spanning several years. Drawing inspiration from diverse constitutional models, it reflects a comparative approach tailored to India’s unique socio-political landscape. Handwritten copies, adorned with calligraphy, symbolize the historical significance attributed to the document. Dr. B.R. Ambedkar’s leadership ensured the incorporation of principles of social justice and equality. The Constitution, among the lengthiest globally, enshrines universal adult franchise and fundamental rights, balanced by mechanisms for amendment and judicial review. It embodies a federal structure with unitary features, facilitating cooperative federalism while preserving central authority. Through its schedules and amendments, it addresses linguistic diversity and institutionalizes key bodies to uphold democratic principles. The Constitution’s adaptability renders it a “living document,” responsive to evolving societal dynamics, ensuring its enduring relevance and efficacy in governing a diverse nation.