Every society needs some rules and regulations to function smoothly, and the highest set of rules that governs a country is its constitution. A constitution is a body of fundamental principles according to which a state is governed. It defines the nature of the political system, the structure of government, the relationship between different organs of the state, and the rights and duties of citizens. Without a constitution, there would be no agreement on how power should be distributed, how decisions should be made, and how disputes should be resolved.
The Constitution of India, adopted on 26 January 1950, is the longest written constitution in the world. It was drafted by the Constituent Assembly over a period of about three years, with Dr. B. R. Ambedkar serving as the Chairman of the Drafting Committee. The making of the Constitution was a historic exercise in which representatives of the people deliberated on every important question of governance, drawing upon the experiences of constitutional democracies across the world as well as India's own long struggle for freedom.
A constitution serves several crucial functions. First, it provides a set of basic rules that all citizens can agree upon as the basis of their political life. These rules specify how the government will be composed, how power will be shared among different institutions, and how the rulers will be selected. Second, it specifies who has the power to make decisions in a society and how that power is to be exercised. It lays down the procedure for the government to function, preventing arbitrary exercise of power.
Third, a constitution can enable the state to take up certain positive tasks, such as ensuring a decent standard of living for its citizens, protecting the rights of disadvantaged groups, and providing social and economic justice. Fourth, and perhaps most importantly, the constitution expresses the fundamental identity of a people. The Preamble of the Indian Constitution declares India to be a sovereign, socialist, secular, democratic republic, and spells out the ideals of justice, liberty, equality, and fraternity. A constitution thus both empowers the state and binds it.
Why do we obey a constitution even when the rulers made by it act against our wishes? The reason is that a constitution embodies a higher, entrenched law that stands above ordinary legislation. The people who gave themselves the constitution did so through a legitimate, representative process, and therefore every subsequent government is bound by it. In a democracy, the ultimate authority of the constitution lies in the consent of the people.
The authority of the Indian Constitution derives from the fact that it was framed by the Constituent Assembly, which was composed of representatives elected by the provincial assemblies in 1946. Although the Constituent Assembly was not directly elected by universal adult franchise, its legitimacy was enormous because it was created by the people who had won freedom through a mass national movement. The framers argued that a Constituent Assembly was more important than a directly elected legislature, because its task was to frame the fundamental law, not ordinary laws.
The idea of a Constituent Assembly was first mooted by the Indian National Congress in 1934 and was accepted by the British government in the Cabinet Mission Plan of 1946. Elections to the Constituent Assembly were held in July 1946, and it first met on 9 December 1946. The Assembly had 389 members, and after the partition of India in 1947, the Constituent Assembly of India had 299 members. It worked through several committees, the most important being the Drafting Committee chaired by Dr. B. R. Ambedkar.
The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950, which is celebrated as Republic Day. The framing of the Constitution was a difficult task because India is a country of immense diversity, and the framers had to balance the claims of different regions, religions, castes, and languages while also responding to the social and economic challenges of a newly independent country.
The Constitution of India consists of a Preamble, 22 parts (originally), and 395 articles (originally), along with schedules. The Preamble is the most concise statement of the ideals and objectives of the Constitution. It declares India a sovereign, socialist, secular, and democratic republic, and assures justice (social, economic and political), liberty (of thought, expression, belief, faith and worship), equality (of status and of opportunity), and fraternity (assuring the dignity of the individual and the unity and integrity of the nation).
The Constitution establishes a parliamentary system of government, with the President as the nominal head of the state and the Prime Minister and Council of Ministers exercising real power. It provides for a bicameral legislature at the centre, an independent judiciary, a federal structure with a strong centre, universal adult franchise, and fundamental rights for citizens along with directive principles of state policy.
The framers borrowed extensively from other constitutions while adapting them to Indian conditions. From the Government of India Act 1935, they took the federal scheme, the office of governor, the judiciary, and the public service commissions. From the British constitution, they borrowed the parliamentary system, rule of law, and the legislative procedure. From the American constitution, they took the fundamental rights, the independence of the judiciary, judicial review, and the office of the President as head of the state.
From the Irish constitution, they adopted the directive principles of state policy and the method of presidential election. From the Canadian constitution, they took the idea of a federation with a strong centre, and residuary powers with the centre. From the South African constitution, they adopted the procedure for constitutional amendment and election of members of the Rajya Sabha. From the Weimar constitution of Germany, they took the provision for suspension of fundamental rights during an emergency.
| Country | Features Borrowed |
|---|---|
| Government of India Act 1935 | Federal scheme, office of governor, judiciary, public service commissions |
| Britain | Parliamentary system, rule of law, legislative procedure |
| USA | Fundamental rights, judicial review, independence of judiciary, President as head |
| Ireland | Directive Principles of State Policy, method of presidential election |
| Canada | Federation with strong centre, residuary powers with centre |
| South Africa | Procedure of constitutional amendment, Rajya Sabha election method |
| Germany (Weimar) | Suspension of fundamental rights during emergency |
| Aspect | Details |
|---|---|
| Adopted | 26 November 1949 |
| Came into force | 26 January 1950 |
| Original structure | 22 Parts, 395 Articles, 8 Schedules |
| Type | Longest written constitution in the world |
| Government | Parliamentary democracy, federal with strong centre |
| Preamble keywords | Sovereign, Socialist, Secular, Democratic, Republic |
| Head of the Drafting Committee | Dr. B. R. Ambedkar |
| First meeting of Constituent Assembly | 9 December 1946 |
A constitution is the fundamental law that creates the framework of governance and expresses the basic values of a society. The Indian Constitution, framed by a representative Constituent Assembly and drawing on the best constitutional practices of the world, reflects both the aspirations of the freedom struggle and the practical requirements of governing a diverse nation. It both empowers and limits the state, gives the people rights, and provides a vision of justice, liberty, equality and fraternity. Understanding why and how a constitution is made helps us appreciate that constitutions are living instruments of collective self-governance rather than mere documents.