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Historical Background of Indian Constitution

Last updated on March 11, 2024 by Alex Andrews George

The historical background of the Indian Constitution can be traced to many regulations and acts passed before Indian Independence. Read further to learn the evolution of the Constitution comprehensively.

Before 1947, India was divided into two main entities – British India which consisted of 11 provinces and the Princely states ruled by Indian princes under a subsidiary alliance policy.

The two entities merged to form the Indian Union, but many of the legacy systems in British India are followed even now. The historical underpinnings and evolution of the Indian Constitution can be traced to many regulations and acts passed before Indian Independence.

Table of Contents

Historical background of the Indian Constitution

Indian democracy is a Parliamentary form of democracy where the executive is responsible to the Parliament. The Parliament has two houses – Loksabha and Rajyasabha. Also, the type of governance is Federal, ie there is a separate executive and legislature at the Center and States. We also have self-governance at local government levels.

All these systems owe their legacy to the British administration. Let us see the historical background of the Indian Constitution and its development through the years.

Regulating Act of 1773

• The first step was taken by the British Parliament to control and regulate the affairs of the East India Company in India.
• It designated the Governor of Bengal (Fort William) as the Governor-General (of Bengal).
• Warren Hastings became the first Governor-General of Bengal.
• Executive Council of the Governor-General was established (Four members). There was no separate legislative council.
• It subordinated the Governors of Bombay and Madras to the Governor-General of Bengal.
• The Supreme Court was established at Fort William (Calcutta) as the Apex Court in 1774.
• It prohibited servants of the company from engaging in any private trade or accepting bribes from the natives.
• The Court of Directors ( the governing body of the company) should report its revenue.

Pitt’s India Act of 1784

• Distinguished between commercial and political functions of the company.
• Court of Directors for Commercial functions and Board of Control for political affairs.
• Reduced the strength of the Governor General’s council to three members.
• Placed the Indian affairs under the direct control of the British Government.
• The company’s territories in India were called “the British possession of India”.
• Governor’s councils were established in Madras and Bombay.

Charter Act of 1813

• The Company’s monopoly over Indian trade was terminated; Trade with India was open to all British subjects.

Charter Act of 1833

• Governor-General (of Bengal) became the Governor-General of India.
• The First Governor-General of India was Lord William Bentick.
• This was the final step towards centralization in  British India.
• The beginning of a Central legislature for India as the act also took away legislative powers of Bombay and Madras provinces.
• The Act ended the activities of the East India Company as a commercial body and it became a purely administrative body.

Charter Act of 1853

• The legislative and executive functions of the Governor-General’s Council were separated .
• 6 members in the Central Legislative Council. Four out of six members were appointed by the provisional governments of Madras, Bombay, Bengal, and Agra.
• It introduced a system of open competition as the basis for the recruitment of civil servants of the Company (Indian Civil Service open for all).

Government of India Act of 1858

• The rule of the Company was replaced by the rule of the Crown in India.
• The powers of the British Crown were to be exercised by the Secretary of State for India
• He was assisted by the Council of India , having 15 members
• He was vested with complete authority and control over the Indian administration through the Viceroy as his agent
• The Governor-General was made the Viceroy of India.
• Lord Canning was the first Viceroy of India.
• Abolished Board of Control and Court of Directors.

Indian Councils Act of 1861

• It introduced Indian representation in institutions like the Viceroy’s executive and legislative council (non-official). 3 Indians entered the Legislative Council .
• Legislative councils were established in centers and provinces.
• It provided that the Viceroy’s Executive Council should have some Indians as non-official members while transacting the legislative businesses.
• It accorded statutory recognition to the portfolio system.
• Initiated the process of decentralization by restoring the legislative powers to the Bombay and the Madras Provinces.

India Council Act of 1892

• Introduced indirect elections (nomination).
• Enlarged the size of the legislative councils.
• Enlarged the functions of the Legislative Councils and gave them the power to discuss the Budget and address questions to the Executive.

Indian Councils Act of 1909

• This Act is also known as the Morley- Minto Reforms.
• Direct elections to legislative councils; first attempt at introducing a representative and popular element.
• It changed the name of the Central Legislative Council to the Imperial Legislative Council.
• The member of the Central Legislative Council was increased to 60 from 16.
• Introduced a system of communal representation for Muslims by accepting the concept of a ‘separate electorate’.
• Indians for the first time in the Viceroy’s executive council . (Satyendra Prasanna Sinha, as the law member)

Government of India Act of 1919

• This Act is also known as the Montague-Chelmsford Reforms.
• The Central subjects were demarcated and separated from those of the Provincial subjects.
• The scheme of dual governance, ‘Dyarchy’, was introduced in the Provincial subjects.
• Under the dyarchy system, the provincial subjects were divided into two parts – transferred and reserved. On reserved subjects, the Governor was not responsible to the Legislative council.
• The Act introduced, for the first time,  bicameralism at the center .
• Legislative Assembly with 140 members and Legislative Council with 60 members.
• Direct elections.
• The Act also required that three of the six members of the Viceroy’s Executive Council (other than Commander-in-Chief) were to be Indians.
• Provided for the establishment of the Public Service Commission.

Government of India Act of 1935

• The GoI Act of 1935 provided for the establishment of an All-India Federation consisting of the Provinces and the Princely States as units, though the envisaged federation never came into being.
• Three Lists: The Act divided the powers between the Centre and the units into items of three lists, namely the Federal List, the Provincial List, and the Concurrent List.
• The Federal List for the Centre consisted of 59 items, the Provincial List for the provinces consisted of 54 items and the Concurrent List for both consisted of 36 items
• The residuary powers were vested with the Governor-General.
• The Act abolished the Dyarchy in the Provinces and introduced ‘Provincial Autonomy’.
• It provided for the adoption of Dyarchy at the Centre.
• Introduced bicameralism in 6 out of 11 Provinces.
• These six Provinces were Assam, Bengal, Bombay, Bihar, Madras, and the United Province.
• Provided for the establishment of the Federal Court.
• Abolished the Council of India.

Indian Independence Act of 1947

• It declared India as an Independent and Sovereign State.
• Established responsible Governments at both the Centre and the Provinces.
• Designated the Viceroy India and the provincial Governors as the Constitutional (normal heads).
• It assigned dual functions (Constituent and Legislative) to the Constituent Assembly and declared this dominion legislature as a sovereign body.

Points to be noted

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• Laws made before the Charter Act of 1833 were called Regulations and those made after are called Acts.
• Lord Warren Hastings created the office of District Collector in 1772, but judicial powers were separated from District Collector later by Cornwallis.
• From the powerful authorities of unchecked executives, the Indian administration developed into a responsible government answerable to the legislature and people.
• The development of the portfolio system and budget points to the separation of power.
• Lord Mayo’s resolution on financial decentralization visualized the development of local self-government institutions in India (1870).
• 1882: Lord Ripon’s resolution was hailed as the ‘Magna Carta’ of local self-government. He is regarded as the ‘Father of local self-government in India’.
• 1924: The Railway Budget was separated from the General Budget based on the Acworth Committee report (1921).
• From 1773 to 1858, the British tried for the centralization of power. It was from the 1861 Councils act they shifted towards devolution of power with provinces.
• 1833 Charter Act was the most important act before the Act of 1909.
• Till 1947, the Government of India functioned under the provisions of the 1919 Act only. The provisions of the 1935 Act relating to Federation and Dyarchy were never implemented.
• The Executive Council provided by the 1919 Act continued to advise the Viceroy till 1947. The modern executive (Council of Ministers) owes its legacy to the executive council.
• The Legislative Council and Assembly developed into Rajyasabha and Loksabha after independence.

Read: Indian Constitution: History and Evolution

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Page – 97 – Spectrum

Indirect elections were started by Govt of India Act 1892 Direct elections started by the Govt of India act 1919

Page 1.6 – Laxmikanth

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Variation from the Consitition of India in Seven Article and Seven Parts

1 Federal Goverment of India ( Article 1 Union Goverment means federal Goverment 2 Executive Article 52 3 Legislature Article 79 4 Judiciary Article 124 5 Political Party Article 309 and 10th Schedule Tribunal Act 323 A 323 B 6 Election 324 7 Federalism Article 245 Article 38 Article 368 Remove Inequalities and Variation bring them on Zero level and implement them Article 44 and Article 141 its a fixed constant in President of India Schedule Section 11 Sixth Schedule Basic Structure of the Constitution of India is Federalism Federal Princile single Act for whole parts of India

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what is “legacy systems” (in the first para)? or is it a typo for *legal systems?

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Constitution of India

Home  ≫  The Constitution Framers  ≫  B. R. Ambedkar

Constituent Assembly Members

B. R. Ambedkar

1891 - 1956

Key Information

Party: Indian National Congress , Scheduled Caste Federation

Constituency: West Bengal , Bombay

Religion: Buddhist

Caste: Scheduled Caste

Gender: Male

Mother Tongue: Marathi

Education: Doctorate

Committee Memberships

• Key Speeches

Bhimrao Ramji Ambedkar was born on 14 April 1891 in the Mhow Army Cantonment, Central Provinces (present-day Madhya Pradesh) to a Dalit family. His family’s low caste status resulted in his early life being marked by discrimination, segregation and untouchability.

Ambedkar’s academic life was prolific. He obtained a Bachelor’s degree in economics and political science from Elphinstone College , a Master’s degree from Columbia University in economics, a doctoral degree from the University of London in 1923, and another doctoral degree from Columbia University in 1927.

Ambedkar’s higher education in the USA had been sponsored by the Maharaja of Baroda, therefore he was obligated to return and serve under the Princely State. He joined the Accountant-General’s Office in Baroda in 1918, but he was forced to leave in only 11 days as he was unable to find any permanent place of residency due to his caste identity.

Role in India’s Independence Movement

Ambedkar’s role in the independence struggle was complex. Unlike the dominant political discourse that focused on persuading the British to cede greater power to Indians, and to eventually leave India, Ambedkar’s interventions and advocacy centred more around the protection and furtherance of Dalit rights. As a result, he often clashed with the Indian National Congress.

He worked towards putting in place political safeguards for untouchables, the first of which was his presentation to the Southborough Committee that was preparing the Government of India Act 1919. By the time of the Round Table Conferences in the early 1930s, he had become the preeminent leader of the Dalit community.

Here, he argued fervently for separate electorates for the ‘backward classes’, believing that this was necessary to transform them into a solid political interest group. But M.K. Gandhi felt that this would splinter the Hindu community, going on a fast unto death to reverse the British acceptance of Ambedkar’s demands. Consequently, Ambedkar had to give in under the Poona Pact of 1932, giving up separate electorates in exchange for reserved seats in provincial assemblies.

Ambedkar also played a key role in social movements that fought for the rights of Dalits. In 1924, he founded the ‘ Bahishkrit Hitakarani Sabha ‘ for the social upliftment of the ‘depressed classes’ with the motto: “Educate, Agitate, Organise”. In 1927, a Depressed Classes Conference was organised at Mahad, located in Raigad district. Here, Ambedkar led a historic protest that culminated in a large group of Dalits drinking water from a public tank, breaking repressive social and physical norms that had existed for centuries.

A few months later, he organised a public burning of the Manusmriti at the same place. This ancient Hindu law book was the most well known among several such scriptures which placed cruel social and legal constraints on the ‘untouchables’. The burning was a strong statement against the centuries old discrimination and repression faced by the Dalits.

Ambedkar was also a nominated member of the Bombay Legislative Council form 1926-34. He founded the Independent Labour Party of India in 1936 after the Government of India Act 1935 introduced responsible government at the provincial level. The party was able to win 15 of the 17 seats it contested in the Bombay Assembly elections of 1937. He then founded the All-India Scheduled Castes Federation in 1942 as a popular political front for the Dalits.

Contribution to Constitution Making

The Indian Constitution and its drafting process are often seen as synonymous with Ambedkar. He is often referred to as the father of the Indian Constitution, and is probably the most well-known of all Constituent Assembly members.

Ambedkar became a key figure in India’s constitution-making process due to the offices he held and his interventions and speeches in the Assembly. He was the Chairman of the Assembly’s most crucial committee – the Drafting Committee and a member of other important Committees. As its Chairman, he had to defend the Draft Constitution which the Committee prepared, and therefore intervened in nearly every debate.

On behalf of the Scheduled Caste Federation party, Ambedkar wrote and submitted States and Minorities to the Constituent Assembly’s Sub-Committee on Fundamental Rights . A mini-Constitution in itself, States and Minorities framed strong constitutional protection for the Scheduled Caste community.

Ambedkar’s interventions and speeches, on various aspects of the Constitution, were insightful, well-reasoned and scrupulously researched. This won him the support and respect of other members of the Assembly, who appreciated his leadership of the constitution-making project.

Later Contributions

Ambedkar was appointed as the first Law Minister of independent India in 1947. His most important intervention in this role was in the attempt to pass the Hindu Code Bill, to reform Hindu personal laws that dictated matters like marriage, divorce, succession and adoption. The Bill faced intense criticism from both within Parliament and outside. Ultimately the Government relented and withdrew the Bill, forcing Ambedkar to resign in frustration in 1951.

As a Scheduled Caste Federation party candidate, Ambedkar contested in India’s first general elections in 1952 from Bombay North Central constituency. The elections, dubbed as ‘the biggest experiment in democracy in human history’ by Sukumar Sen (then Election Commissioner) saw Ambedkar finish fourth in the race – an unknown candidate from the Congress party took home the seat. Despite his loss in the Lok Sabha elections, he was elected to the Rajya Sabha.

In 1956, Ambedkar along with 3,65,000 supporters converted to Buddhism, after having devoted several years to studying the religion. Ambedkar’s re-invention of Buddhism in the language of social justice is popularly referred to popularly as Dalit Buddhist movement, Navayana, or Neo-Buddhism.

In the later years of his life, his health worsened, and he passed away on 6 December 1956 in his sleep at his home in Delhi. His birth date is celebrated as ‘Ambedkar Jayanti’ in the form of a public holiday. He was posthumously given the Bharat Ratna in 1991.

Key Writings

Dr Ambedkar wrote several books in his lifetime. He wrote three books on economics – “ A dministration and Finance of the East India Company “; “ The Evolution of Provincial Finance in British India “; and “ The Problem of the Rupee: Its Origin and Its Solution “.  “ The Annihilation of Caste “ , based on a speech he was supposed to give, is considered one of the most authoritative works on Dalit life and politics till date. His other writings include “ What Congress and Gandhi have done to the Untouchables “, and “ Pakistan or the Partition of India “. The Ministry of External Affairs has also published his entire collection of written works and speeches in 17 volumes.

• When Ambedkar introduced the Draft Constitution on 4 November 1948 to the Assembly, he defended the inclusion of administrative provisions in the Draft by invoking ‘constitutional morality’.
• On 25 November 1949, a day before the Constitution was adopted, Ambedkar vehemently argued that India must strive to be a social democracy and not merely a political democracy. Social democracy, he noted ‘ is a way of life which recognizes liberty, equality and fraternity as the principles of life ’.
• While defending the inclusion of Directive principles of State Policy in the Draft Constitution, he argued that while the principles did not have force in law, they were binding. He believed that they were like instructions regulating the power of the Legislature and Executive for peace, order and good government. He also felt that periodic elections would enforce these principles as legislators would be accountable to the people of India.
• On the issue of centralisation of power, Ambedkar clarified that the fundamental principle of federalism is the division of Legislative and Executive powers between the Union and the States in the Constitution. He reassured that the States were in no way dependent upon the Union government for their legislative or executive powers and that the Union and States were co-equals.
• Ambedkar stated that in choosing a parliamentary system of governance, the Indian constitution has prioritised responsibility and accountability over stability.
• Ambedkar’s World: The Making of Babasaheb and the Dalit Movement  by Eleanor Zelliot (Navayana, 2012).
• The Radical in Ambedkar: Critical Reflections  by Anand Teltumbde (Penguin Allen Lane, 2018)
• No Laughing Matter : The Ambedkar Cartoons, 1932–1956  by Unnamati Syama Sundar (Navayana, 2019)
• Writings and Speeches of Dr. Babasaheb Ambedkar  (Ministry of External Affairs, Government of India)
• Ambedkar-Towards An Enlightened India  By Gail Omvedt (Penguin, 2008)
• Dr. Ambedkar-Life and Mission  by Dhananjay Keer (Popular Prakashan, 1954)
• Deconstructing Ambedkar  by Anand Teltumbde (Economic and Political Weekly, 2015)
• Waiting for a Visa by Dr. B.R. Ambedkar (Govt. of Maharashtra, 1993)

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7 Constitutional Identity

Gary Jeffrey Jacobsohn is H. Malcolm MacDonald Professor of Constitutional and Comparative Law, Department of Government, University of Texas at Austin

• Published: 06 February 2017
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This chapter examines the concept of constitutional identity as it applies to the Indian Constitution. It first considers the problem of constitutional identity, with particular emphasis on the preservative function of the constitution. It then explains how the constitution acquires an identity that emerges dialogically and represents a combination of political aspirations and commitments reflective of a nation’s past. It also explores the static and dynamic perspectives on identity with regard to the transformational agenda of Indian constitutionalism, along with the underlying politics of constitutional identity and the judiciary’s articulation of the meaning of constitutional identity. The chapter concludes by reviewing two highly controversial cases that have important implications for India’s constitutional identity.

I. Introduction

As constitutions go, India’s has been around for a long time. Sixty-four years may not seem so very long—the American counterpart, after all, has been with us for 227 years—but when one considers that the average lifespan of constitutions is nineteen years, 1 a document that has governed a nation since 1950 may have earned the right to be viewed as durable—perhaps even venerable. If, as this chapter presumes, constitutions possess an identity, the Indian Constitution will have had a longer period of time to acquire and develop one than comparable documents in a clear majority of the world’s nations. As we shall see, a constitution’s continuity over time is important to the inquiry of this chapter; for the same reason that a person’s identity is not fixed in the distinctive makeup of the infant who first emerges from the womb, the identity of a constitution is only imperfectly knowable through the provisions promulgated upon its framing and adoption.

Still, those provisions can hardly be ignored, and indeed they are the most obvious source for commencing an examination of constitutional identity. Even if a document avoids self-identification through explicit textual pronouncement—be it in a preamble or some other declaratory section—evidence for establishing a preliminary account of its identity must surely be connected to specific textual commitments, as in the way that a constitution configures its regime of rights. But what if this configuration is not particularly distinctive, such that its resemblance to other constitutions turns out to be more striking than its particularity? For example, in one exhaustive study of the evolution of global constitutionalism it was found that ‘constitutions share a substantial and growing generic component … [that] casts doubt upon the notion that constitutions are unique statements of national identity and values’. 2 From this the authors conclude that with respect to the expressive function of constitutions, ‘[p]erhaps they should be considered expressions not of national identity, but of membership in the global community or a constitutional family’. 3 Or it might even suggest that ‘national identity is itself becoming increasingly globalized and less distinctive’. 4

Plausible as such inferences might be, they are unsustainable absent a more searching exploration of specific constitutional orders. That the generic component of constitutional development is increasingly evident in linguistic, textual convergence is significant, but in itself it cannot be the basis for denuding constitutions of their particular identities. Hence in what follows I accept Walter Murphy’s wise counsel to avoid ‘conflating the political values and arrangements under which a people live with the values and arrangements that a constitutional document specifies’. 5 Thus, ‘no constitutional document long remains coextensive with the constitutional order’. 6 Or as Andras Sajo has argued, ‘The text itself has only limited potential for forging identity. A legally binding document is but a first step on the long and winding road from a political design for collective identity to a socially embedded institution that actually fosters such identity.’ 7 What is required is some independent empirical demonstration that the text is in fact mainly consistent with constitutional experience. This argues for withholding judgments about identity until confirmation that the codified rules and principles of the document actually resonate in the practices and culture of the body politic. A constitution’s language may indicate a commitment on the part of its authors, and conceivably its subsequent interpreters, to establish a constitutional identity, but until corroborated in the accumulated practice of a constitutional community, the goal, however noble, will remain unfulfilled. Who would say, for example, that the constitutional identity of the former Soviet Union was discernible within the folds of its governing charter?

Drawing upon this more capacious rendering of the constitution, the chapter’s first section presents a brief conceptual orientation to the problem of its identity, focusing on its preservative function. A constitution acquires an identity through experience; this identity neither exists as a discrete object of invention, nor as a heavily encrusted essence embedded in a society’s culture, requiring only to be discovered. Rather, identity emerges dialogically and represents a mix of political aspirations and commitments that are expressive of a nation’s past, as well as the determination of those within society who seek in some ways to transcend that past. Yet if this suggests, as it should, a dynamic understanding of constitutional identity, the practical purpose to which the concept is frequently put—resisting radical change—entails a more static view that, as will be evident in the Indian case, complicates the task of comprehending its specific meaning.

The idea of constitutional identity has received ample consideration in Indian constitutional jurisprudence. Thus the Supreme Court has been unusually self-conscious in its elaboration of the concept. The Court has done so mainly by developing the controversial doctrine of ‘basic structure’, in which it has designated a number of constitutional features to be of such importance that it would be prepared to challenge any action perceived as a threat to their existence, including an amendment to the Constitution. On the other hand, there has been less consideration given—among theorists generally and also judges in India—to the concept of identity as a dynamic factor in constitutional development. A theory of constitutional identity that cannot account for significant departures from constitutional continuity is an incomplete theory. What has been said of the identities that make up a nation’s social order can be said of its constitutional identity as well:

Collective identities constitute the most basic components of any social order and are products of culture, but they are not fixed social and political variables. They are flexible, oscillating, and changeable, sometimes dramatically and visibly, other times subtly and gradually. They include a wide range of different identities that individuals and collectivities hold simultaneously. 8

The acuity of this observation is particularly relevant to India, and the second section of the chapter explores its jurisprudential implications in the context of one of the Court’s basic structure commitments: secularism.

Whether viewed statically or dynamically, in what respect is it correct to pronounce that in the more than sixty years in which the Indian Constitution has been in existence a clear and unambiguous identity has emerged from the often tumultuous course of that post-Independence history? The final section addresses the uncertainty surrounding this question by focusing briefly on two high-profile controversial cases, the outcomes of which revealingly cast doubt on the reliability of any confident response, leaving us to ponder the still very vexed status of Indian constitutional identity.

II. Revolution and the Constitution: Static Identity

‘The Constitution is a precious heritage; therefore you cannot destroy its identity.’ 9 Such was the declaration that accompanied the Indian Supreme Court’s reaffirmation of its jurisprudential commitment to the idea that constitutional amendments may be declared unconstitutional. Earlier, in the landmark Kesavananda case, 10 the Court had famously asserted its authority to do so when an amendment—even one adopted in full conformity with constitutionally prescribed procedure—was in defiance of the ‘basic structure’ of the Indian Constitution. Under the theory that constitutional change cannot destroy what it modifies, the judgment in effect arrogated to the judiciary a supervisory role over any codified transformation that threatened regime essentials.

Although the assumption of this role can be compellingly told as a story of a beleaguered court’s defence of its institutional prerogatives, its broader meaning and significance for Indian constitutional identity will more clearly come into focus if the novel review power is featured within an even more evocative story that one could tell about revolutionary change. In his First Inaugural Address Abraham Lincoln said, ‘This country … belongs to the people who inhabit it. Whenever they should grow weary of the existing government, they can exercise their constitutional right of amending it, or their revolutionary right to dismember or overthrow it.’ 11 In effect, what the Supreme Court in India did in the series of cases that extended its review powers beyond the confines of ordinary law was to reject the exercise of the amendment power as a means for accomplishing revolutionary change. Thus, in the sentence preceding the injunction against destroying the Constitution’s identity, Chandrachud J wrote: ‘Amend as you may even the solemn document which the founding fathers have committed to your care, for you know best the needs of your generation.’ 12 His point was Lincolnian: the people who inhabit India are entitled to shape the Constitution in a manner that mirrors their sense of what the changing times require; but to the degree that their efforts become so radical as to eviscerate the very identity of the Constitution, their actions are illegitimate and hence must be resisted. As Madhav Khosla has observed, ‘More than a struggle for power, the [basic structure] doctrine represents an effort to distinguish between a constitutional amendment and revolutionary action.’ 13

Lincoln and the American experience—in which, it should be said, the idea of an unconstitutional constitutional amendment has never taken hold—was not a direct source of inspiration for Indian jurists. Instead it was Germany—where the Basic Law’s explicitly preservative entrenchment provisions had become the touchstone for the post-War Constitutional Court’s recognition of its authority to invalidate an identity-nullifying amendment—that figured most prominently in the development of Indian jurisprudence. 14 Designed as a hedge against any retreat from the ‘new’ Germany to the ‘old’, the invocation of these ‘eternity’ provisions came to be regarded as a defining assertion of constitutional identity, as an expression of how at its highest legal competence a post-revolutionary German nation conceived of itself and how it expected to be perceived by others. Indeed, the German interest in the subject of constitutional identity is historically obvious, as would be the interest in the individual identity of anyone who had been close to another whose personality appeared at some point to have drastically changed for the worse. As was said in Kesavananda , ‘The personality of the Constitution must remain unchanged.’ 15

While the emergence of a nation’s constitutional identity may be imbued with revolutionary significance, once established it quite naturally mutates into the focal point for resistance to radical change. ‘[N]o constitution can contain rules which allow its abolishment altogether; this would permit revolution, whereas it is the very meaning of constitutions to avoid revolutions; and to make them dispensable.’ 16 But if constitutions do not explicitly contain rules for their own eradication, most do not provide insurance against the possibility of this happening. Germany is the most notable exception; its eternity clauses are, in Ulrich Preuss’s depiction, intended to render revolutions dispensable. Stated differently, its document is structured to prevent a transformation of such principled magnitude that its constitutional identity would become something very different from what it is. The illegitimacy of this negation of constitutional identity is now well recognised in theorising about the subject; thus the repudiation of the founding assertion of identity-instantiating constituent power—a term imbued with both descriptive and normative significance—cannot later be annulled through means of a subsequent amendment. However elevated its legal status may be relative to ordinary law, such formal constitutional modifications are deficient in those attributes that would enable one to equate them with the legitimating authority of the original affirmation of identity.

The framers of India’s Constitution did not include eternity clauses in their handiwork, yet they clearly saw themselves as exercising the constituent power of the Indian nation. As formulated by Dietrich Conrad, the relevant question became, ‘[H]as the original constituent power been spent in the effort, or have the people retained it, to exercise it, if they wish to replace the existing Constitution by a new one?’ 17 Conrad’s answer is apparent in the Indian Court’s amendment jurisprudence. ‘[A]n ordinary legislative assembly can never be said to exercise the original constituent power.’ 18 Thus the underlying assumption in these cases is that Parliament’s Article 368 amending power is subordinate to the creative authority that first established the Constitution’s basic structure. Another way of putting this is that the implicit substantive limits to the amending power are inscribed in constitutional provisions in whose contents are to be found an articulation of a fixed constitutional identity. As Bhikhu Parekh has observed, ‘There was an extensive debate … in the Constituent Assembly, resulting in the Indian Constitution, which provides the clearest statement of the country’s self-given identity.’ 19

The substance of this articulation is of course contestable, but in addition to the obvious point that controversy will always attend the question of identity, we should consider that judicial reliance on its defensive properties suggests a further supposition that is surely much in doubt, namely that constitutional identity is to be equated with, or confined to, preservative, status quo goals and aspirations. Properly rendered, however, the concept of identity embodies a dynamic dimension that enables it to facilitate as well as hinder dramatic changes in constitutional development. Understandably in Germany viewing identity as fixed and immutable allows one to embrace the appealing logic that preventing things from getting radically better is a price worth paying to ensure that they do not become radically worse. Yet the static position on identity, important as it is, represents only a partial account of the subject. Particularly with reference to the transformational agenda of Indian constitutionalism, it must be accompanied by a more dynamic understanding of the phenomenon.

III. Reform and the Constitution: Dynamic Identity

To be sure, much of the aspirational content of a nation’s specific constitutional identity consists of goals and principles whose permanent and entrenched qualities are shared by other nations, and that are indeed part of a common stock of aspirations we have come to associate more generally with the enterprise of constitutionalism. These aspirations may be described collectively as ‘the inner morality of law’ 20 or the requirements of ‘generic constitutionalism’ 21 implicit in a nation’s discourse of justice. Such fixed norms need to be reconciled with the particularistic commitments of local traditions and practices; the substance of a nation’s constitutional identity will to a large extent reflect how the essentials of constitutionalism combine and interact with the attributes of a constitution that are expressive of unique histories and circumstances.

A constitutional amendment may therefore be considered problematic in one of two ways: (i) the change it portends could subvert the fundamentals of constitutional government, at the core of which is the rule of law and the administration of impartial justice; (ii) the change it portends could substantially transform or negate a defining political commitment of the constitutional order that had been central to the nation’s self-understanding. The second possibility implicates the distinctive character of a constitution; the first is more consequential as it concerns the realisation of constitutionalism in a given polity.

For example, in India the commitment to secularism can be found, among other places, under the constitutional rubric of basic structure, but so far this judicial placement has not led to any Court decision invalidating an amendment. If such were to occur the Court would doubtless contend that its action was a justifiable defence of constitutional identity, perhaps referencing Khanna J in Kesavananda : ‘The word “amendment” postulates that the old constitution survives without loss of its identity despite the change and continues even though it has been subjected to alterations.’ 22 In the case of secularism, however, the identity in question would be very specific to the Indian experience, and for that reason predictably contestable given the competing versions of the concept that have struggled for ascendancy in the course of the nation’s history.

On the other hand, where the Indian Court has declared an amendment unconstitutional, it has done so in response to egregious political aggrandisement—notably involving Indira Gandhi’s efforts to hold on to power—and the perceived threat to the fundamentals of constitutionalism related thereto. The ringing affirmations of the basic structure doctrine in Indira Gandhi (1975) and Minerva Mills (1980) were occasioned by amendment provisions that, in the opinion of a justice in the first of these cases, offended ‘[t]he common man’s sense of justice’. 23 This was the sense of justice that instinctively triggers resistance to an assault on the very possibility of constitutional government, as opposed to any challenge to its specific variants. ‘If by constitutional amendment’, wrote another justice in the latter case, ‘Parliament were granted unlimited power of amendment, it would cease to be an authority under the Constitution, but would become supreme over it, because it would have power to alter the entire Constitution including its basic structure and even to put an end to it by totally changing its identity.’ 24 Such invocations, as Khosla has noted, stress ‘abstract principles rather than particular provisions’, 25 which is to say they speak to general attributes that we associate with the necessary requirements of governing within constitutional parameters. Or as Edmund Burke said of Warren Hastings’ crimes in India, they were ‘not against forms, but against those eternal laws of justice, which are our rule and our birthright’. 26

Once we descend from the more abstract conceptual heights of constitutional identity, we find ourselves in the trenches of a dialogical developmental account that incorporates an easily overlooked feature of the universal constitutional condition, which is that in one way or another all constitutions confront or embody the problem of disharmony . Sometimes this condition exists in the form of contradictions and imbalances internal to the constitution itself, and sometimes in the lack of agreement evident in the sharp discontinuities that frame the constitution’s relationship to the surrounding society. 27 The question of identity is prominently implicated in the various permutations of the disharmonic constitution, embodied principally in the determination to eliminate or maintain the discordant aspects of the constitutional predicament. Disharmony is a precondition for change, and efforts to reduce or defend it reveal that, taken as a whole, constitutional identity is not a static or fixed thing. To apprehend the full complexity of the idea is to see its dynamic quality, which results from the interplay of forces seeking either to introduce greater harmony into the constitutional equation or, contrariwise, to create further disharmony. One could imagine the latter development culminating in a rupture of constitutional continuity, thereby setting in motion a process whose goal might be the reconstituting of the polity.

In relation to India there are two powerful claims on constitutional identity, both firmly rooted in centuries of conflict and contestation. Since Independence one of these claims—for a secular composite culture nation—has been in ascendance, but the other—for a Hindu nation—has influenced the aspirational content of constitutional identity, and at times posed a distinct threat to the hegemony of the predominant view. The identity that has emerged from this extended discordant chronicle reflects the entrenched realities of both visions; the constitutional text embodies them (by no means equally given one side’s effective control of the framing process), as does the history of constitutional construction and interpretation. Along the way there have been efforts to reinvent the past, most notably by those determined to create a history expunged of the truths that complicate their ethno/religious story.

Often the debate in India over judicial enforcement of the Basic Structure doctrine concerns its application to the issue of secularism. The Constitution was adopted against a backdrop of sectarian violence that was only the latest chapter in a complex centuries-old story of Hindu–Muslim relations on the Asian subcontinent. Much of that history had been marked by peaceful coexistence; nevertheless, the bloodbath that accompanied Partition reflected ancient contestations and ensured that the goal of communal harmony would be a priority in the constitution-making process. Thus, ‘India, with its complex and cross-cutting variations along the lines of religion, language, and caste, is the pre-eminent instance of the use of multicultural policies to maintain democracy and represent culturally inflected interests.’ 28

But it was not the only priority. If not as urgent, then certainly as important, was the goal of social reconstruction, which could not be addressed without constitutional recognition of the State’s interest in the ‘essentials of religion’. So deep was religion’s penetration into the fabric of Indian life, and so historically entwined was it in the configuration of a social structure that was by any reasonable standard grossly unjust, that the framers’ hopes for a democratic polity meant that State intervention in the spiritual domain could not be constitutionally foreclosed. As a former Indian Chief Justice has observed, ‘The multi-dimensional jurisprudence woven around the Preamble has a revolutionary thrust as it seeks to transform the socio-economic structure of our society.’ 29 The design for secularism in India required a creative balance between socio-economic reform that could limit religious options and political toleration of diverse religious practices and communal development. Taken together, the ameliorative and communal provisions—often in tension with one another—evince a constitutional purpose to address the social conditions of people long burdened by the inequities of religiously inspired hierarchies.

Herein lies the dilemma of Indian constitutional identity. The original vision of the secular constitution had emphasised the rights and sensibilities of religious minorities (especially Muslims), to the point that the secular ideal of religious freedom came to be inscribed, paradoxically, in both the aspiration for a uniform civil code and in the implicit invitation to frustrate its realisation. The constitutive domain of religion is, by the terms of the Constitution, open to encroachment by forces of political and social transformation; but the legitimacy of this undertaking is at least partially dependent on preserving political space for religious identity. If it is indeed the case that a ‘revolutionary’ mission lies at the core of Indian constitutionalism, then inevitably there will be a tension between that commitment and the promise of continuity that has dominated all reflection on the problem of identity at least since the seventeenth century. What Thomas Reid wrote then of personal identity, that it manifested ‘an uninterrupted continuance of existence’, 30 is, as we have seen, applicable to constitutional matters as well. So while the depiction in the landmark Bommai case of secularism as ‘the soul of the Constitution’ 31 was doubtless done without any conscious awareness of the soul’s significance for early modern theories of identity, the association calls attention to the fact that the concept of identity is closely allied with the idea of continuity rather than transformation. To the extent, however, that the constitutional ‘soul’ in India was intended to be ornery—that is to say, confrontational and militant in relation to the social order within which it was embedded—the Indian case presents an interesting challenge to the dominant theory of identity.

Still, it is a less formidable challenge if the fundaments of constitutional identity—most importantly its dynamic aspect—are not overlooked. If continuity—or in Burke’s famous account, prescription (‘a presumption in favour of any settled scheme of government against any untried project’ 32 )—is critical for establishing the core of such identity, critical too is the recognition that what is settled is also mutable. At the constitutional level, identity is often shaped through the creative interaction between divergent strands within an extant tradition; thus continuity need not connote internal agreement so much as ‘continuities of conflict’ 33 —in other words, the dynamic of disharmony. Conflicting and enduring understandings of the constitutional self play off against one another within the circumscribed parameters of the national historical narrative. And so the ameliorative and communal strands within the Indian constitutional firmament represent aspirations that, while in tension with one another, provide a measure of animation to the nation’s constitutional identity, and as such defy efforts to sanctify any particular rendering of this identity with the mantle of immutability.

What, then, follows from these reflections on identity? First, constitutional identity can accommodate an aspirational aspect that is at odds with the prevailing condition of the society within which it functions. The idea of the prescriptive constitution might suggest that what is must be (identity as pure discovery), but a strictly positivistic inference need not be drawn from the principle of inheritance. In the case of the framers of India’s Constitution, the prevailing social structure, while deeply rooted in centuries of religious and cultural practice, was contestable in accordance with sources from within the Indian tradition that are also a part of its prescriptive Constitution. History revealed disharmony within established traditions and between the dominant strand and society. ‘One of the remarkable developments of the present age’, wrote Nehru shortly before Independence, ‘has been the rediscovery of the past and of the nation.’ 34 Nehru was one of several delegates at the Constituent Assembly to invoke the name of Ashoka, whose famous edicts have endured as a source of moral and ethical reflection for more than a millennium. Used both as an emulative model for behaviour towards society’s destitute and as a basis for criticising the Hindu nationalist rejection of Indian nationhood as rooted in a composite culture, the Ashokan example shows how continuity in the construction of a constitutional identity can draw upon alternative (and even dissenting) sources within one tradition, and then reconstitute them to serve at times as a reproach to other strands (and their societal manifestations) within the same tradition. In other words, it exemplifies ‘continuities of conflict’.

A defence of secularism as a central feature of the Indian Constitution’s Basic Structure inevitably finds people differing in the meanings they assign to this fundamental commitment. For example, the Hindu Right has often assured Indians that it accepts the constitutional centrality of secularism, which it embraces as a version of the strict separationist model endorsed by many in the United States, which requires it to oppose Muslim personal law, and which it contrasts with the ‘pseudo-secularism’ championed by its political opponents. 35 The latter include the Justices on the Supreme Court, most of whom have incorporated the differing perspectives of Gandhi, Nehru, Ambedkar, and others to articulate a uniquely Indian understanding that has been aptly described by Rajeev Bhargava as ‘contextual secularism’. At the core of this position is the strategy of ‘principled distance’, which, according to Bhargava, means that ‘[T]he State intervenes or refrains from interfering, depending on which of the two better promotes religious liberty and equality of citizenship.’ 36 Thus the specific forms that secular States take should reflect the particular constitutive features of their respective polities. In India this means (as is so enshrined in the Constitution) that for certain purposes—for example, establishing separate sectarian electorates—the State cannot recognise religion, but for others—for example, establishing a limited regime of personal laws—it may do so. The State need not relate to all religions in the same way; the bottom line, however, is that public policy regarding intervention, non-interference, or equidistance be guided by the same non-sectarian principle of equal dignity for all.

The process by which this concept of secularism emerged as a mark of constitutional identity, then to be extended protected status under the Court’s Basic Structure jurisprudence, is roughly analogous to the dialogical formation of personal identity. Much as a self evolves interactively within the specific contours of its environment, India’s constitutional identity, as refracted largely through the determinative lens of secularism, is the product of historically conditioned circumstances in which choices are limited by the dual realities of complex communalism and religiously inspired societal inequality. As Anthony Smith has noted, ‘The Indian example reveals the importance both of manufactured political identity and of pre-existing ethno-religious ties and symbols from which such an identity can be constructed.’ 37 The nation as an ‘idea of continuity’, in which, as Burke said, a constitution discloses itself ‘only in a long space of time’, 38 can go far to explain how the main outlines of a secular identity are discoverable as a contingent part of the political and moral order.

IV. Constitutional Identity and the Court: The Elusive Promise

Just as it is tempting to locate constitutional identity in the text of a constitution, it is similarly alluring to imagine finding a definitive articulation of its meaning in the decisions and opinions of the judiciary. As has already been suggested, the text can only provide at best limited service in delivering to us what we desire, much the same as when we look to the judiciary for certain discovery of that elusive object of our interest. The reason for this is only partly accounted for by the wrongness of assuming that the ‘constitution is what the Supreme Court says it is’. 39 At least as significant as the acknowledgement of the Court’s fallibility is the unyielding fact that its interpretive powers are constrained by the decisions of other institutional actors involved in the writing of a nation’s constitutional narrative. Indeed, the absence of monopolistic authority over the shaping of constitutional identity is amply illustrated in Indian politics and jurisprudence. As is shown in the following brief discussion of two landmark court cases, the ambiguity that surrounds the portrayal of Indian constitutional identity is to a large degree attributable to the nation’s indeterminate path of post-judicial developments.

1. Identity and the Vagaries of Ordinary Politics

As Sanjay G Reddy has noted, ‘India’s public institutions function in the context of a “long democratic revolution”.’ 40 Among other things, this means that the well-known description of the judiciary as an ‘arm of the social revolution’ 41 should not convey a sense that the courts in India, even when they have arguably acted in conformity with this expectation, have had a revolutionary impact on the nation’s development. That the attainment of a democratic revolution was a major component in the vision animating many of the framers of the Constitution is undeniable and abundantly manifest in some key provisions in the document they cobbled together. Even as an unfulfilled aspiration it must be considered highly germane to any assessment of Indian constitutional identity; 42 its fulfilment would remove any tentativeness from an assessment of its relevance.

The case of SR Bommai v Union of India is known for many things, not the least of which are its signal contributions to discussions of emergency power, federalism, and secularism. Of course, all of these subjects pertain to the question of identity, but there is an aspect of that case that is particularly illuminating, specifically of the ways in which a juri-centric understanding of the entrenchment of Indian constitutional identity must be considered problematic. Much like the United States Supreme Court’s decision in Brown v Board of Education , 43 where the congealing of racial equality into the core of American constitutional identity occurred only in the wake of legislative and executive actions flowing from that landmark case, the ultimate significance of Bommai rests not so much in the folds of that decision as in political developments that could emanate from its holding. Thus the Court pointed out, ‘The Indian Constitution is both a legal and social document. It provides a machinery for the governance of the country. It also contains the ideals expected by the nation. The political machinery created by the Constitution is a means to the achieving of this ideal.’ 44

Inherent in the Indian constitutional condition is a plainly articulated gap between foundational ideals and existing realities; the question is whether the radical disharmony between law and society establishes a constitutional obligation for the State to resolve the most severe of these contradictions. Arguably, this obligation is inscribed in the Constitution in several ways, including the various invitations extended to the State to regulate religious practices in the interest of social welfare and equality. The most visible constitutional expression of the aspirations that stamped the document with a distinctive identity is to be found in Part IV, the Directive Principles of State Policy. The provisions contained in this section are not enforceable by the judiciary, but, as stated in Article 37, ‘the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws’. As has been noted with only slight exaggeration, the ‘Directive Principles of State Policy constitute the soul, the very spirit of the ethos of the Constitution. These principles are the epitomes of social policy whereupon the State has been enjoined to embark on the goals of distributive justice.’ 45

Earlier, we saw how in Kesavananda the Supreme Court invoked basic structure as a defensive move to preserve what it designated as the Constitution’s identity. On paper, at least, this breakthrough was enough to vault the Court to the forefront of the world’s most activist judiciaries. But precisely because Kesavananda was not about ordinary politics, the actual impact of basic structure jurisprudence was likely to be experienced more symbolically than tangibly. Bommai adapted the doctrine for application to the politics of day-to-day governance, establishing it not only as a standard against which the Court could judge the constitutionality of others’ actions, but also as a potential touchstone for directing the course of actions not yet taken. The great challenge of Indian constitutionalism is to deliver on the promise of its transformative aspirations. That arguably requires a Court performing more ambitiously than in the familiar naysayer role of the orthodox judicial review model, but also one attuned to the limitations of judicial power and the hollowness that is so often the fate of the more grandiose hopes for judicial interventions in policymaking.

The principal result in Bommai was the approval given to the dismissal of three elected State governments deeply implicated in the violence associated with the destruction of a mosque. Yet the broader meaning of the decision may be found in the connection drawn in some of the opinions between the basic structure doctrine—specifically as it relates to secularism—and the responsibility of the Union government to advance the constitutional essentials of the polity. Thus the immediate consequence of the ruling was to affirm the Centre’s finding of a ‘failure of constitutional machinery’ in the States; more interesting were the long-term possibilities: that the Indian political system had a positive responsibility to abide by the spirit of the Constitution, that the Directive Principles of State Policy would henceforth be imbued with more than hortatory significance. As SP Sathe wrote, ‘[F]or the first time the Supreme Court used secularism as a reference for judging the validity of State action.’ 46

The development of constitutional identity may thus be conceptualised as a maturation process involving ongoing interactions among multiple actors operating within the parameters of text and history. Of the Constitution, Reddy J noted in Bommai , ‘[I]ts material provisions are inspired by the concept of secularism. When it promised all the citizens of India that the aim of the Constitution is to establish socio-economic justice, it placed before the country as a whole, the ideal of a welfare state.’ 47 India’s Constitution is explicitly and implicitly an affirmative action constitution. By invoking the basic structure doctrine in support of the national government’s dismissals of State governments for their derelictions of duty, the Court in effect was liberating the Centre to be a proactive player in fulfilling the aspirations that it, the Court, had certified as high-priority goals. Of course, the attainment of these goals will depend on whether the government in New Delhi is sympathetic to this constitutional agenda; moreover, yet to be determined is whether the Court will require it to be sympathetic. If it does, then the familiar doctrine of affirmative constitutional obligations will have been ratcheted up significantly. In this Indian incarnation it will mean that governments, even those that may not have been complicit in actively working to undermine constitutional provisions, will be required to expend resources to advance ends whose fulfilment the Court designates as necessary to further constitutional identity. The likely resistance to such an order could precipitate a constitutional crisis, which is one reason to think the Court will be reluctant to push the envelope very far.

2. The Meandering Path of Identity

The forging of constitutional identity is not a preordained process in which one comes to recognise in the distinctive features that mark a constitution as one thing rather than another the ineluctable extension of some core essence that at its root is unchangeable. The disharmonies of constitutional law and politics ensure that a nation’s constitution—a term that incorporates more than the specific document itself—may come to mean quite different things, even as these alternative possibilities retain identifiable characteristics enabling us to perceive fundamental continuities persisting through any given regime transformation.

In 2009, the High Court of Delhi decided a case that very quickly came to be seen as emblematic of Indian constitutional identity, but whose overturning a few years later by a two-judge bench of the Supreme Court cannot but cast doubt upon the stability of such a reading. In Naz Foundation v Government of India , 48 the lower court declared unconstitutional a long-standing provision of the Indian Penal Code that had criminalised ‘unnatural’ consensual sexual acts between consenting adults in private; that is, homosexual conduct. 49 The Court fashioned a constitutional right of privacy largely out of materials appropriated from abroad, with copious references to American precedents. The Indian judges saw themselves as defending ‘a constitutional morality derived from constitutional values’, and they embraced the teaching of BR Ambedkar, who had said at the Constituent Assembly: ‘[I]t is perfectly possible to pervert the Constitution, without changing its form by merely changing its form of administration and to make it inconsistent and opposed to the spirit of the Constitution.’ 50 But these judges failed to elucidate the relevance of the many pages of their opinion devoted to other peoples’ constitutions for maintaining the spirit of their constitution.

Fortunately, others have provided explanations. Sujit Choudhry, for example, persuasively argues that ‘the missing link between the comparative jurisprudence on same-sex rights and the basic premises of the Indian Constitution is the analogy between sexual orientation and untouchability’. 51 He points out that the judgment’s invocation of the ideals animating the adoption of the Indian Constitution, in particular the intention to advance a ‘social revolution’, provided the broader context within which the criminalisation of same-sex relations was assessed. The Court explicitly appealed to Nehru’s passionate devotion to the constitutional goal of inclusiveness; in addition, Choudhry reveals that what was not explicit in the text of the opinion—a specific reliance on the South African judiciary’s linkage of discrimination based on caste and sexual orientation—played an important role in the outcome of the case in India. ‘The idea of a constitution as a dynamic, evolving instrument of social change is arguably the principal influence of the Indian constitutional experience … ’ 52 In this account, the Delhi High Court ruling is an embodiment of the identity-marking commitment to ‘transformative constitutionalism’. And so, ‘ Naz Foundation demonstrates that under the dialogical model, comparative materials can be used in a way that not only acknowledges, but also affirms, a distinct constitutional identity.’ 53

Four years later, however, this affirmation was in effect challenged, if not rejected, when the Supreme Court overturned the decision in Naz Foundation. The reversal was obviously a major disappointment to those who had been encouraged by the lower court’s ringing endorsement of a progressively inclusive political community, but also to anyone expecting to find in the opinion of the three-judge panel an engagement with the substantive arguments in the nullified judgment. Still, the Court’s ruling in Suresh Kumar Koushal v Naz Foundation rested on two related arguments about judicial power that are important to this chapter’s consideration of Indian constitutional identity: the sanctity of the ‘principle of presumption of constitutionality’ 54 and the impropriety of ‘extensively rel[ying] upon the judgments of other jurisdictions’. 55

Clearly, these jurisprudential commitments are a direct repudiation of the idea that the Court is ‘an arm of the social revolution’. Also manifest in the deference to Parliament as the source for legitimate expression of the indigenous will of the people is the presumption that determining the nation’s constitutional identity is not to be achieved through the imposition of the judicial will. Thus even if we assume that inclusiveness is one of the essentials of Indian constitutionalism and that an extensive documentary record is supportive of such an assumption, the dynamic quality of identity and the dialogical process by which it emerges mean that the nature and boundaries of the inclusive constitutional ethos is embedded in a deep cultural matrix from which counter-pressures to the dominant creed exert a continuing, if irregular, force seeking a more favourable standing for a less inclusive identity reflective of vital strands within the nation’s Hindu and Muslim traditions.

Taken together, then, the two decisions offer a window into the development of constitutional identity in India. The ruling by the Delhi High Court did not culminate in a definitive statement of identity, as was made clear by the Supreme Court’s subsequent decision to transfer the struggle over same-sex rights from the judicial arena to that of the legislature. Thus, the episodic and untidy process of defining constitutional identity, with its thrusting and counter-thrusting in and out of courtrooms, will proceed in tandem with the evident disharmony between aspirations and behaviour, and with the uncertainty that accompanies a progression whose end-point is necessarily elusive. A pivotal idea of this chapter has been that disharmony, whether manifest in the incongruities lodged within a constitution, or in the gap between inscribed commitments and external realities, is the main impulse behind the shaping of constitutional identity. Yet to understand how it works requires serious engagement with sources from within the traditions of a polity that extend much further back in time than the occasions that trigger the impulse. Therefore, while the Indian Constitution, as framed and amended, is permeated by a transformative ethos that establishes a radically egalitarian playing field upon which a constitutional identity is to be constructed, the document also expresses in more muted fashion an exclusivist voice with deep resonance in the history of the subcontinent. The interactive process intrinsic to a constitutional work in progress ensures that the outcome in Koushal will not be the final word on its subject, or for that matter on the bigger idea of identity to which it is connected.

V. Conclusion

A constitution is a large piece of a nation’s constitutional identity, but it is not coterminous with it. In most cases it lays down key markers of that identity, then to be adapted to changing political and social realities in ways that modify, clarify, or reinforce it through the dialogical engagement of various public and private sources of influence and power. As suggested at the outset, until a convergence is apparent between constitutional rules and principles on the one hand and actual constitutional practices on the other, one would be well advised to withhold definitive conclusions about a nation’s constitutional identity.

Circumspection in this regard is particularly warranted in India, where the question of identity is so closely linked with transformative aspirations. The very notion of a confrontational constitution hints at the magnitude and daunting nature of the challenge of reconstruction; what an Indian jurist once called a ‘militant environment’ 56 is unlikely passively to submit to the transformative designs of a hostile constitution. For that reason, the success of such a constitution in delivering on its promise of radical change is by no means assured. Indeed, the one explicit mention of revolution in the Indian Constitution is quite revealing in this respect. It appears in the Statement of Objects and Reasons that serves as a preamble to the Forty-Second Amendment adopted in 1976. ‘The question of amending the Constitution for removing the difficulties which have arisen in achieving the objective of socio-economic revolution … has been engaging the active attention of Government and the public for some years now.’ The response: dramatically increase the powers of the government while diminishing the authority of the judiciary.

In invoking the radical design behind the document, the amendment reflects an accurate rendering of original constitutional aspiration—at least the dominant view—but also the enormous challenge of delivering on its promise. What is more, the dubious auspices under which the constitutional course correction was arranged—the emergency government of Indira Gandhi—suggest that there may be a heavy price to pay for seeking fulfilment of the redemptive ambitions of political leaders. More generally, the Indian example suggests a larger point about constitutional identity and change, namely that aspirational considerations necessarily entail a high measure of uncertainty in establishing their ultimate transformative significance.

This uncertainty is also, as we have seen, inextricably tied to a constitutional commitment—to social tradition and communal integrity—that has always coexisted uneasily with constitutive transformative aspirations. As perhaps most poignantly illustrated in the famous Shah Bano case 57 —in which the decision by the Supreme Court to override Muslim personal law in favour of a section of the criminal code precipitated a massive political backlash that culminated in the adoption of legislation denying divorced Muslim women maintenance rights under the law—the goal of societal reconstruction along egalitarian lines is easier inscribed than achieved. The story in this instance was one of ‘gender justice … rendered hostage to community identity’. 58 But the broader implication of the case and its aftermath is this: that so long as communal identities remain a salient and entrenched feature of the Indian social scene, and so long as these identities continue to draw upon the ample resources of the local constitutional tradition, any depiction of Indian constitutional identity will need to accept the inevitability of flux and ambiguity.

Finally, we must appreciate that constitutional democracy incorporates a commitment that necessarily muddies the waters of identity: democracy. Elections matter, particularly those having dialogical implications for the adjustments and modifications that accompany the progression of a nation’s constitutional identity. Whether, for example, the outcome in the 2014 elections in India ‘entails nothing short of an attempt to roll back the long social revolution that has been effected in this country over the last one hundred years’ 59 remains to be seen. Still, such speculation about a social counter-revolution reminds us that commitments widely imagined as firmly entrenched—even those displaying the markings of constitutional inscription—possess a more contingent quality than may commonly be assumed. This, of course, does not mean that the substance of constitutional identities tracks the vagaries of electoral politics; indeed, with regard to those constitutional essentials that represent the necessary, if not sufficient, elements of the totality of constitutional identity they should have little, if any, determinative impact. In relation, however, to the dynamic components of identity, those making up the core of the expressive function of a constitution, a major displacement in political power can affect the relative standing of competing strands within the disharmonic constitutional order, and thus the shape of constitutional identity. Such is certainly the case in the world’s largest constitutional democracy.

Zachary Elkins , Tom Ginsburg , and James Melton , The Endurance of National Constitutions (Cambridge University Press 2009) 129 . Of India the authors write, ‘According to the predictions of our epidemiological model, India’s framers have built a document to last generations’: ibid 151 .

David S Law and Mila Versteeg , ‘The Evolution and Ideology of Global Constitutionalism’ (2011) 99 California Law Review 1163, 1243 .

Law and Versteeg (n 2 ) 1244 .

Walter F Murphy , Constitutional Democracy: Creating and Maintaining a Just Political Order (Johns Hopkins University Press 2007) 13 .

Murphy (n 5 ) 14 .

Andras Sajo , ‘Constitution Without the Constitutional Moment: A View from the New Member States’ (2005) 2 International Journal of Constitutional Law 243, 243 .

Baruch Kimmerling , Clash of Identities: Explorations in Israeli and Palestinian Societies (Cambridge University Press 2008) 271 .

Minerva Mills v Union of India (1980) 3 SCC 625 [16] (Chandrachud J).

Kesavananda Bharati v State of Kerala (1973) 4 SCC 225.

Minerva Mills (n 9 ) [16] (Chandrachud J).

Madhav Khosla , The Indian Constitution (Oxford University Press 2012) 159 .

Southwest State Case , 1 BverfGE 14 (1951):

That a constitutional provision itself may be null and void, is not conceptually impossible just because it is a part of the constitution. There are constitutional provisions that are so fundamental and to such an extent an expression of a law that precedes even the constitution that they also bind the framer of the constitution, and other constitutional provisions that do not rank so high may be null and void, because they contravene those principles.

The German constitutional theorist, Dietrich Conrad, was the key figure in transferring the German understanding to the Indian subcontinent. His work was cited by Indian Justices in several of the Indian cases concerning amendment provisions found unconstitutional by the Supreme Court.

Kesavananda Bharati (n 10 ) [651].

Ulrich K Preuss , ‘Constitutional Powermaking for the New Polity: Some Deliberations on the Relations Between Constituent Power and the New Constitution’ in Michel Rosenfeld (ed) Constitution, Identity, Difference, and Legitimacy (Duke University Press 2004) 157 .

Dietrich Conrad , ‘Constituent Power, Amendment and Basic Structure of the Constitution: A Critical Reconsideration’ (1977–78) 6–7 Delhi Law Review 1, 13 .

Conrad (n 17 ) 14 .

Bhikhu Parekh , ‘The Constitution as a Statement of Indian Identity’ in Rajeev Bhargava (ed) Politics and Ethics of the Indian Constitution (Oxford University Press 2008) 46 .

Lon Fuller , The Morality of Law (Yale University Press 1964) .

David S Law , ‘Generic Constitutional Law’ (2005) 89 Minnesota Law Review (2005) 652, 659 .

Kesavananda Bharati (n 10 ) [1426].

Indira Gandhi v Raj Narain (1975) Supp SCC 1 [680].

Minerva Mills (n 9 ) [86].

Khosla (n 13 ) 159 .

Edmund Burke , ‘Speech in Opening the Impeachment of Warren Hastings, Esq.’ in David Bromwich (ed) On Empire, Liberty, and Reform (Yale University Press, 2000) 388 .

Consider here what BR Ambedkar had to say in the period leading up to the new Constitution’s implementation, Constituent Assembly Debates , vol 12 (Lok Sabha Secretariat 1986) 979, 25 November 1949 :

On the 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality. In politics we will be recognizing the principle of one man one vote and one vote one value. In our social and economic life, we shall, by reason of our social and economic structure, continue to deny the principle of one man one value. How long shall we continue to live this life of contradictions?

Narendra Subramanian , Nation and Family: Personal Law, Cultural Pluralism, and Gendered Citizenship in India (Stanford University Press 2014) 7 .

AM Ahmadi , ‘The Constitution—Its Tryst with Destiny: Flawed or Fulfilled?’ (Conference on Fifty Years of Indian Republic, Toronto, Canada, 1 April 2000) .

Thomas Reid , Works of Thomas Reid , vol 2 (Samuel Etheridge 1814) 339 .

SR Bommai v Union of India (1994) 3 SCC 1 [144].

Edmund Burke , ‘Speech on a Motion Made in the House of Commons, the 17th of May 1782, for a Committee to Inquire Into the State of the Representation of the Commons in Parliament’ in David Bromwich (ed) On Empire, Liberty, and Reform (Yale University Press 2000) 274 .

Alaisdair MacIntyre , After Virtue: A Study in Moral Theory (University of Notre Dame Press, 1981) 206 .

Jawaharlal Nehru , The Discovery of India (Oxford University Press 1997) 515 .

This position has been often espoused by Arun Shourie, perhaps the leading ideologue of the Hindu Right, who insists, in explicit reference to American church/state separatism, that the State must take no formal cognisance of religion. See Arun Shourie , A Secular Agenda (HarperCollins 1997) .

Rajeev Bhargava , ‘What is Secularism For?’ in Rajeev Bhargava (ed) Secularism and Its Critics (Oxford University Press 1998) 515 .

Anthony D Smith , National Identity (University of Nevada Press 1991) 113 .

Burke (n 32 ) 274 .

Chief Justice Charles Evans Hughes , ‘Speech before the Elmira Chamber of Commerce (May 3, 1907)’ in Addresses of Charles Evans Hughes, 1906–1916 (2nd edn, GP Putnam’s Sons 1916) 185 .

Sanjay G Reddy , ‘A Rising Tide of Demands: India’s Public Institutions and the Democratic Revolution’ in Devesh Kapur and Pratap Bhanu Mehta (eds), Public Institutions in India: Performance and Design (Oxford University Press 2000) 457 .

Granville Austin , The Indian Constitution: Cornerstone of a Nation (Oxford University Press 1966) 164 .

This is consistent with Pratap Bhanu Mehta’s contention that ‘[T]he constitution was a radical idea, without itself containing guarantees that the social transformation it promised would come about … ’ Pratap Bhanu Mehta , The Burden of Democracy (Penguin Books 2003) 56 .

347 US 483 (1954).

SR Bommai (n 31 ) [3].

Sudesh Kumar Sharma , Directive Principles and Fundamental Rights: Relationship and Policy Perspectives (Deep & Deep Publications 1990) 5 .

SP Sathe , Judicial Activism in India (Oxford University Press 2002) 177 . SR Bommai (n 31 ) [434] (Reddy J): ‘Any State government which pursues unsecular policies or an unsecular course of action contrary to the constitutional mandate renders itself amenable to action under Article 356.’

SR Bommai (n 31 ) [305], citing Gajendragadkar J , Seminar on Secularism: Its Implications for Law and Life in India .

(2009) 160 DLT 277.

Indian Penal Code 1860, s 377.

Constituent Assembly Debates , vol 7 (Lok Sabha Secretariat 1986) 38, 4 November 1948 .

Sujit Choudhry , ‘How to Do Comparative Constitutional Law in India: Naz Foundation , Same Sex Rights, and Dialogical Interpretation’ in Sunil Khilnani , Vikram Raghavan , and Arun K Thiruvengadam (eds) Comparative Constitutionalism in South Asia (Oxford University Press 2013) 78 .

Choudhry (n 51 ) 82 .

Choudhry (n 51 ) 48 .

Suresh Kumar Koushal v Naz Foundation (2014) 1 SCC 1 [32].

Suresh Kumar Koushal (n 54 ) [77].

VR Krishna Iyer , ‘Towards an Indian Jurisprudence of Social Action and Public Interest Litigation’ in Indra Deva (ed) Sociology of Law (Oxford University Press 2005) 308 .

Mohd Ahmed Khan v Shah Bano Begum (1985) 2 SCC 556.

Neera Chandhoke , Beyond Secularism: The Rights of Religious Minorities (Oxford University Press 1999) 9 .

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The Republic of India is located in South Asia and bordered by Pakistan, China, Bangladesh, Myanmar, Nepal and Bhutan – all historically part of the Indian subcontinent or greater India. It is the world’s seventh largest country in terms of geographical size. It is also the world’s largest democracy demographically and the second most populous country after China. It is also a very diverse country with different cultures and religions mutually coexisting. Hindi and English are the official languages for federal business while the constitution recognizes the existence of many other languages.

Political system and history

Present day India is a federal state with 28 federated entities divided among seven unions. Its system of government is parliamentary and based on the Westminster model. India first came into contact with the west in the early 18th century when it was annexed by the British East India Company. In the mid 19th century, it fell under British colonial rule. The colonial administration in British India or British Raj – as it was also called - was headed by a Viceroy who also cumulated the title of Governor General until 1947 when a struggle for independence, marked by a widespread non violent resistance movement resulted in independence from the British Colonial Empire.

Constitutional history and development

Prior to the constituent assembly that convened in 1948 to draft the Indian constitution adopted in 1950 and still in force to date, the fundamental law of India was mostly embodied in a series of statutes enacted by the British Parliament. Key among them was the Government of India Acts of 1919 and 1935.

The Government of India Act of 1919

Passed as a measure of gratitude for India’s role in world war one, the primary purpose of this act was to expand native participation in the government. Key reforms of the Act were the establishment of a dual form of government with limited powers for the major provinces. The imperial legislative council was transformed into a bicameral legislature for all India. Finally, the Act established the position of a High Commissioner with residence in London to Represent India in the United Kingdom.

The Government of India Act of 1935

This Act was adopted in response to opposition and criticisms from the National Congress of India to the 1919 Act for doing too little in terms of granting autonomy. Its key provisions included:

• Abolition of the dual form of government or diarchy and the granting of a larger degree of autonomy for the provinces
• Establishment of a Federation of India (which never came into force though)
• Introduction of direct suffrage and extension of the franchise to 37 million people from the original 5 million
• Membership of the provincial assemblies was altered so as to include more elected Indian representatives, who were now able to form majorities and be appointed to form governments
• The establishment of a Federal Court

The Constituent Assembly of 1948 and the Constitution of 1950

In 1946, the British decided to examine the possibility of granting independence to India. As a result, a British cabinet mission was despatched to India to (1) hold discussions with the representatives of British India and the Indian States in order to agree on the framework for writing a constitution, and (2), set up a constituent body and an executive council. Following this mission and the ensuing negotiations, a Constituent Assembly was indirectly elected by the provincial legislatures comprising 278 representatives and 15 women. Parties represented in the CA were the Congress Party which had a majority, Muslim League, Scheduled Caste Federation, the Indian Communist Party and the Union Party. The CA met for the first time in December 1946 and by November 1949 the draft constitution was approved. The constitution went into effect in January 1950 and the CA was transformed into a Provisional Parliament.

The Constitution which is still in force has been amended over 90 times making it one of the most frequently amended constitutions in the world. It is also known to be one of the longest and most detailed in the world with 395 articles and 10 appendixes called schedules. Extensively modeled on western legal and constitutional practice, its key features include:

• The establishment of a federal system with residual powers in a central government
• A list of fundamental rights
• A Westminster style parliamentary system of government

Key timelines in the 1948 constitutional process

Voices from the field

Related resources

Analysis States Reorganization and Accommodation of Ethno-Territorial Cleavages in India Occasional Paper Number 29 by external source

Analysis Constitution-building in states with territorially based societal conflict by IDEA

Other Tokenism or Empowerment? A Comparative Analysis of Public Policies and Institutions of Disadvantaged Communities in India by external source

Other The Basic Structure of the Indian Constitution by external source

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Essay on Indian Constitution in 100, 250, and 350 words

• Updated on  
• Jan 3, 2024

The constitution of India was written and adopted by the Constituent Assembly on 26th November 1949 but it became effective on 26th January 1950. It is a set of rules and regulations that guide the administration of the country. It is the backbone of every democratic and secular fabric of the nation. The Indian Constitution is the longest in the world and describes the framework for political principles, procedures and powers of the government. This is just a brief paragraph on the Indian constitution, we have provided samples of essay on Indian Constitution. Let’s explore them!

Table of Contents

• 1 Essay on Indian Constitution in 100 words
• 2 Essay on Indian Constitution in 250 words
• 3 Essay on Indian Constitution in 350 words
• 4 Indian Constitution Defines the Fundamental Rights and Duties of Indian Citizens
• 5 The Constitution Defines the Structure and Working of the Government
• 6 Conclusion

Learn more about the Making of Indian Constitution

Essay on Indian Constitution in 100 words

The Indian Constitution became effective on the 26th of January 1950 although the Constituent Assembly adopted it on the 26th of November 1949. Dr. B. R. Ambedkar headed the drafting committee that wrote it. Hence, it was the longest-written constitution of India and provides a detailed account of the fundamental rights and duties of the citizens of India. The original constitution of India is the lengthiest in the world and is hand-written and calligraphed. It is the supreme law of India that is drafted by the Constituent Assembly which is even superior to the Parliament. After the constitution came into effect, the status of India changed from “Dominion of India” to “Republic of India”. Hence, 26th January is celebrated as The Republic Day of India.

Also Read:- Importance of Internet

Essay on Indian Constitution in 250 words

The Indian Constitution was drafted under the chairmanship of Dr. B. R. Ambedkar who is known as the ‘Father of Indian Constitution’. It took almost 3 years to draft the same. Various aspects of the society such as economic, socio-political, etc were taken into consideration while drafting the constitution. While drafting the Indian Constitution, the drafting committee took into consideration various constitutions of other countries such as France, Japan and Britain to seek valuable insights. 

The Fundamental Rights and Duties of the Indian Citizens, the Directive Principles of State Policy and the Federal Structure of the Government of India, all were included in the Indian Constitution. Every policy, duty and right has been explained at length in the Indian Constitution hence making it the lengthiest written constitution in the world. 

There were more than 2000 amendments that had to be made to the Indian Constitution to get it approved. The same was adopted on November 26th, 1949 and was enforced on January 26th, 1950. From that day onwards, the status of India changed from “Dominion of India” to “Republic of India”. And that is why since then, 26th January is celebrated as the Republic Day. On this occasion, the National Flag of India is hoisted at various places across the nation and the National Anthem is sung to rejoice the day. There is a special day that is dedicated to the Indian Constitution known as the ‘National Constitution Day’ that came into existence in 2015. 

Also Read:- Essay on Pollution

Essay on Indian Constitution in 350 words

The Indian Constitution is the supreme document that gives a very detailed account of what the citizens of India can and also cannot do. It has been set up as a standard that needs to be followed to ensure law and order in society and also to help it develop and prosper.

Indian Constitution Defines the Fundamental Rights and Duties of Indian Citizens

The duties and the Fundamental Rights of the Indian citizens have been clearly stated and defined in the Constitution of India. The Fundamental Rights include:

• The Right to Equality
• The Right to Freedom
• The Right to Freedom of Religion
• Cultural and Educational Rights
• Right Against Exploitation
• Right to Constitutional Remedies

These are the basic rights and all the citizens across the country are entitled to the same irrespective of their colour, caste, creed, or religion.

Fundamental Duties of the Indian CItizens that are included in the Indian Constitution are:-

• Respecting the Constitution of India
• To always honour the National Anthem and the National Flag
• To protect the unity
• Preserving the heritage of the county
• Protecting the integrity and sovereignty of India
• Promoting the spirit of brotherhood
• To have compassion for living creatures
• To strive for excellence 
• To protect public property and contribute your bit to maintaining peace

These are also mentioned in detail in the Indian Constitution. 

The Constitution Defines the Structure and Working of the Government

The working of the Government as well as its structure is also mentioned in detail in the Indian Constitution.  The Indian Constitution mentions that India has a parliamentary system of government that is present at the centre as well as in states. The power to take major decisions lies with the Prime Minister and the Union Council of Ministers. The president of India on the other hand, has nominal powers.

Also Read: Essay on Human Rights

The Constitution of India was approved after several amendments by Dr. B. R. Ambedkar who, along with his team of six members, was a part of the drafting committee that came up with the Indian Constitution.

Ans: The Indian Constitution became effective on the 26th of January 1950 although the Constituent Assembly adopted it on the 26th of November 1949. Dr. B. R. Ambedkar headed the drafting committee that wrote it. Hence, it was the longest-written constitution of India and provides a detailed account of the fundamental rights and duties of the citizens of India. The original constitution of India is the lengthiest in the world and is hand-written and calligraphed. It is the supreme law of India that is drafted by the Constituent Assembly which is even superior to the Parliament. After the constitution came into effect, the status of India changed from “Dominion of India” to “Republic of India”. Hence, 26th January is celebrated as The Republic Day of India.

Ans: The constitution of India was written and adopted by the Constituent Assembly on 26th November 1949 but it became effective on 26th January 1950. It is a set of rules and regulations that guide the administration of the country. It is the backbone of every democratic and secular fabric of the nation. The Indian Constitution is the longest in the world. And describes the framework for political principles, procedures and powers of the government.

Ans: The Indian Constitution is the supreme document that gives a very detailed account of what the citizens of India can and also cannot do. It has been set up as a standard that needs to be followed to ensure law and order in society and also to help it develop and prosper.

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• IAS Preparation
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• Historical Background Of Constitution Of India

History of Indian Constitution - UPSC History Notes

This article talks about the Historical Background of the Constitution of India and is an important topic for the IAS Exam .

Questions from important acts of India have often been asked in the examination hence candidates can also get the list of such acts in the linked article. In this article, aspirants can read about the history of Indian Constitution, the historical background of the Constitution, the various pieces of legislation from the British era that influenced the current Indian Constitution, and other important details for the UPSC exam.

History of Indian Constitution Download PDF Here

Background of Indian Constitution

In 1928, the All Parties Conference convened a committee in Lucknow to prepare the Constitution of India, which was known as the Nehru Report.

Most of India was under direct British rule from 1857 to 1947. Upon independence, it became clear a new constitution was needed to be created. But for that, all of India needed to be brought into the union. This meant the Princely States needed to be convinced to become a part of the Indian Union either by force or diplomacy. Sardar Vallabhbhai Patel and V.P Menon did this unenviable task. Until this happened India was still legally a dominion under the British, responsible for external security.

Thus, the Constitution of India repealed the Indian Independence Act 1947 and Government of India Act 1935 when it became effective on 26 January 1950. India ceased to be a dominion of the British Crown and became a sovereign democratic republic with the Constitution.

Historical Evolution of the Indian Constitution

There are various layers in the background of the Indian Constitution:

• Regulating Act 1773
• Pitt’s India Act 1784
• Charter Act of 1813
• Charter Act of 1833
• Charter Act of 1853
• Government of India Act 1858
• Indian Councils Act 1861
• India Councils Act 1892
• Morley-Minto Reforms 1909
• Montague-Chelmsford Reforms 1919
• Government of India Act 1935
• Indian Independence Act 1947

These acts were in some way instrumental in the development of the Indian Constitution.

Download the compilation of topic-wise UPSC prelims questions PDF from the linked article.

History of Indian Constitution – Regulating Act 1773

• The first time the British Parliament resorted to regulating the affairs of the East India Company.
• The Governor of Bengal was made the Governor-General of Bengal ( Warren Hastings ).
• An Executive Council of the Governor-General was created with 4 members.
• Centralised the administration with the Presidencies of Madras and Bombay being made subordinate to the Bengal Presidency.
• Supreme Court was established at Calcutta as the Apex Court in 1774.
• Prohibited company officials from engaging in private trade and from accepting gifts from Indians.

Read more about Regulating Act 1773  as an important act in the History of the Indian Constitution, at the linked article.

History of Indian Constitution – Pitt’s India Act 1784

• Commercial and political functions of the company are separated. The Court of Directors managed the commercial activities while the Board of Control managed political affairs.
• The company territories in India were called ‘British possessions in India’.
• Governor’s Councils were set up in Madras and Bombay as well.

Read more about Pitt’s India Act 1784  in the linked article.

History of Indian Constitution – Charter Act 1813

• This act ended the East India Company’s monopoly over trade with India except in tea and opium. Trade with India was open to all British subjects.

Read more about the Charter Act 1813 in the linked article.

History of Indian Constitution – Charter Act 1833

• Governor-General of Bengal was designated the Governor-General of India ( Lord William Bentinck ).
• The legislative powers of the Bombay and Madras Presidencies were removed.
• This act ended the commercial activities of the company and it was transformed into an administrative body.

Read more about the Charter Act 1833 in the linked article.

History of Indian Constitution – Charter Act 1853

• The legislative and executive powers of the Governor-General’s Council were separated.
• A Central Legislative Council was created of 6 members out of which 4 were appointed by the provisional governments of Madras, Bombay, Agra and Bengal.
• The Indian civil service was opened as a means to recruit officers for administration through open competition.

Read more about the Charter Act 1853 in the linked article.

History of Indian Constitution – Government of India Act 1858

• After the 1857 revolt , the rule of the company was ended and the British possessions in India came directly under the British Crown.
• The office of the Secretary of State for India was created. He was assisted by a 15-member Council of India.
• The Indian administration was under his authority and the Viceroy was his agent. The Governor-General was designated the Viceroy as well ( Lord Canning ).
• The Court of Directors and the Board of Control were abolished.

Read more about the Government of India Act 1858 in the linked article.

History of Indian Constitution – Indian Councils Act 1861

• Indians were given representation in the Viceroy’s Councils. 3 Indians entered the Legislative Council.
• Provisions were made for the entry of Indians in the Viceroy’s Executive Council also as non-official members.
• Portfolio system was recognised.
• Decentralisation initiated with the presidencies of Madras and Bombay being restored their legislative powers.

Read more about the Indian Councils Act 1861 in the linked article.

History of Indian Constitution – Indian Councils Act 1892

• Indirect elections (nominations) were introduced.
• Legislative Councils expanded. Gave more functions to the legislative councils such as the discussion of budget and questioning the executive.

Read more about the Indian Councils Act 1892 in the linked article.

History of Indian Constitution – Indian Councils Act 1909 (Morley-Minto Reforms)

• Direct elections to the legislative councils were introduced for the first time.
• Central Legislative Council became the Imperial Legislative Council.
• The number of members of the legislative council was increased from 16 to 60.
• The concept of the separate communal electorate was accepted.
• For the first time, an Indian was made a member of the Viceroy’s Executive Council. (Satyendra Prasad Sinha – Law Member).

Read more about the Indian Councils Act 1909 in the linked article.

History of Indian Constitution – Government of India Act 1919 (Montague-Chelmsford Reforms)

• Central and provincial subjects were separated.
• Diarchy was introduced in the provincial governments with executive councillors being in charge of the reserved list and the ministers in charge of the transferred list of subjects.
• The ministers were nominated from among the elected members of the legislative council and were responsible to the legislature.
• A bicameral legislature was introduced for the first time at the centre. (Legislative Council and legislative assembly later to become Rajya Sabha and Lok Sabha respectively).
• It mandated 3 members of the Viceroy’s executive council to be Indians.
• This act provided for the first time, the establishment of a public service commission in India.
• This act extended the right to vote and with this, about 10% of the population acquired voting rights.

Read more about the Government of India Act 1919 in the linked article.

History of Indian Constitution – Government of India Act 1935

• An all-India Federation was proposed which would consist of British India and the princely states. This never materialised though.
• Subjects were divided between the centre and the provinces. Centre was in charge of the Federal List, provinces in charge of the Provincial List and there was a Concurrent List which both catered to.
• Diarchy was abolished at the provincial level and introduced at the centre.
• More autonomy was accorded to the provinces and in 6 out of 11 provinces, the bicameral legislature was introduced.
• A federal court was established and the Indian Council was abolished.
• Burma and Aden were severed from India.
• This act provided for the establishment of the RBI.
• This Act continued until it was replaced by the new Indian Constitution.

Read more about the Government of India Act 1935 in the linked article.

History of Indian Constitution – Indian Independence Act 1947

• India was declared independent and sovereign.
• The Viceroy and the Governors were made constitutional (nominal) heads.
• Set up responsible governments at the centre and the provinces.
• Assigned both legislative and executive powers to the Constituent Assembly of India.

Read more about the Indian Independence Act 1947 in the linked article.

The topic, ‘Historical Background of Indian Constitution,’ or ‘History of Indian Constitution’ is important from the perspective of both history and polity subjects asked in the IAS Exam. Hence, aspirants should be well-versed in the historical and political evolution of the Indian Constitution.

Frequently asked Questions about History of Indian Constitution

Who is father of indian constitution, what is 104th amendment of indian constitution, leave a comment cancel reply.

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Essay On Constitution Of India

The Constitution of India is a set of rules and regulations that was drafted by a committee headed by Dr. B.R Ambedkar. It contains the guidelines as per which our country is expected to function such that its political, legal, and social ecosystems stay maintained. Here are a few sample essays on “Constitution of India”.

100 Words Essay On Constitution of India

The Constitution of India is a legal document that outlines the political system's framework and the obligations, privileges, and restraints to which this country should adhere.

The Indian Constitution came into force on this date in 1950. Although Dr. Ambedkar is renowned for his significant contribution to the constitution's drafting, 299 people put a lot of effort into making it what it is today.

The Indian constitution is the lengthiest in the world. There are 25 parts, 448 articles, and 12 schedules in it. The people who wrote the constitution had to pay attention to even the most minor details because our country is vast, with many different cultures, castes, religions, and states.

200 Words Essay On Constitution of India

The Indian constitution is a document which contains the framework of our political system, the duties, rights, limitations, and structure of government that we should follow in this nation. In addition, it lays out the rights and obligations of Indian citizens. In India, nobody, not even the prime minister or the president, can violate the constitution.

Republic Day | India celebrates Republic Day on January 26 every year. This day is remembered as when the Indian Constitution became effective in 1950. Dr. Ambedkar played a significant role in drafting the constitution, but 299 others prominently contributed to its creation.

Length | The Indian constitution is the lengthiest in the world. It has 448 articles organised into 25 parts and 12 schedules. The drafting and enforcement of the constitution were democratic processes. It protects the fundamental rights of every Indian.

Provisions | The constitution divides the strengths of three governmental institutions: the executive, judiciary, and legislature. This means that the Indian Constitution advocates for a federal government. According to the Preamble, the country's unity and integrity must be safeguarded by achieving justice, liberty, and equality for all people. State governments and the central government share government powers. The constitution says India is a republic, meaning no dictator or king governs it. Individuals are the public authority. Citizens elect their leaders every five years.

500 Words Essay on The Constitution of India

The longest constitution of any sovereign state in the world, the Indian Constitution offers a comprehensive framework for governing the nation while considering its diversity in social, cultural, and religious beliefs.

Constituent Assembly

The members of the provincial assemblies chosen by the Indian people formed the Constituent Assembly of India, which drafted the constitution. Dr Sachidanand Sinha presided over the Constituent Assembly as its first president. Later, Dr Rajendra Prasad was chosen to serve as its leader.

Length Of The Constitution

The Indian Constitution is the world's longest-written constitution for any sovereign nation and is a unique document with many extraordinary features. The constitution's original text had 395 articles divided into 25 parts and 12 schedules. It became effective on January 26, 1950, and India celebrated Republic Day. Since then, 100 amendments have brought the total number of articles to 448.

Drafting Of The Constitution

The Indian Constitution, which offers a comprehensive and dynamic framework to guide and govern the country while keeping in mind its unique social, cultural, and religious diversity, is credited to Dr BR Ambedkar, chairman of its drafting committee. It creates the three main branches of government—executive, legislative, and judicial—and lays out their respective roles, responsibilities, and powers. It also governs their interactions with one another.

In the Preamble to the Constitution, India is described as a welfare state dedicated to securing justice, liberty, and equality for all citizens and fostering fraternity, the dignity of each person, and the unity and integrity of the country. The Preamble's objectives form the fundamental framework of the Indian Constitution, which cannot be changed. The Preamble's opening and closing clauses, "We, the People... adopt, enact, and give to ourselves this Constitution," indicate that the people ultimately hold the reins of power.

Fundamental Rights

The constitution grants citizens a wide range of fundamental rights. These include the following:

The right to equality

The right to freedom

The right against exploitation

The right to freedom of religion

The right to cultural and educational freedom

The right to constitutional remedies

These rights are actionable in court, and if one is violated, a person may file a petition with the Supreme Court or one of the High Courts. However, there are limitations to India's fundamental rights. It is possible to impose reasonable limitations. Fundamental duties were added to the constitution by the 42nd Amendment in 1976 to remind people that while exercising their rights as citizens, they also have obligations because rights and obligations are correlated.

Directive Principles Of State Policy

The constitution also has a chapter on the ‘Directive Principles Of State Policy’. These serve as instructions to the government on how to put them into practice to establish social and economic democracy in the country.

The fact that the constitution is a living document that can change over time through interpretation or amendment is one of its advantages. To avoid impeding the nation's and its people's progress, it is also among the most frequently amended constitutions in the world.

As a result, the success of the Indian Constitution for a nation as diverse and as complex as India continues to fascinate, astound, and incite experts worldwide.

Explore Career Options (By Industry)

• Construction
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• Information Technology

Data Administrator

Database professionals use software to store and organise data such as financial information, and customer shipping records. Individuals who opt for a career as data administrators ensure that data is available for users and secured from unauthorised sales. DB administrators may work in various types of industries. It may involve computer systems design, service firms, insurance companies, banks and hospitals.

Bio Medical Engineer

The field of biomedical engineering opens up a universe of expert chances. An Individual in the biomedical engineering career path work in the field of engineering as well as medicine, in order to find out solutions to common problems of the two fields. The biomedical engineering job opportunities are to collaborate with doctors and researchers to develop medical systems, equipment, or devices that can solve clinical problems. Here we will be discussing jobs after biomedical engineering, how to get a job in biomedical engineering, biomedical engineering scope, and salary. 

Ethical Hacker

A career as ethical hacker involves various challenges and provides lucrative opportunities in the digital era where every giant business and startup owns its cyberspace on the world wide web. Individuals in the ethical hacker career path try to find the vulnerabilities in the cyber system to get its authority. If he or she succeeds in it then he or she gets its illegal authority. Individuals in the ethical hacker career path then steal information or delete the file that could affect the business, functioning, or services of the organization.

GIS officer work on various GIS software to conduct a study and gather spatial and non-spatial information. GIS experts update the GIS data and maintain it. The databases include aerial or satellite imagery, latitudinal and longitudinal coordinates, and manually digitized images of maps. In a career as GIS expert, one is responsible for creating online and mobile maps.

Data Analyst

The invention of the database has given fresh breath to the people involved in the data analytics career path. Analysis refers to splitting up a whole into its individual components for individual analysis. Data analysis is a method through which raw data are processed and transformed into information that would be beneficial for user strategic thinking.

Data are collected and examined to respond to questions, evaluate hypotheses or contradict theories. It is a tool for analyzing, transforming, modeling, and arranging data with useful knowledge, to assist in decision-making and methods, encompassing various strategies, and is used in different fields of business, research, and social science.

Geothermal Engineer

Individuals who opt for a career as geothermal engineers are the professionals involved in the processing of geothermal energy. The responsibilities of geothermal engineers may vary depending on the workplace location. Those who work in fields design facilities to process and distribute geothermal energy. They oversee the functioning of machinery used in the field.

Database Architect

If you are intrigued by the programming world and are interested in developing communications networks then a career as database architect may be a good option for you. Data architect roles and responsibilities include building design models for data communication networks. Wide Area Networks (WANs), local area networks (LANs), and intranets are included in the database networks. It is expected that database architects will have in-depth knowledge of a company's business to develop a network to fulfil the requirements of the organisation. Stay tuned as we look at the larger picture and give you more information on what is db architecture, why you should pursue database architecture, what to expect from such a degree and what your job opportunities will be after graduation. Here, we will be discussing how to become a data architect. Students can visit NIT Trichy , IIT Kharagpur , JMI New Delhi . 

Remote Sensing Technician

Individuals who opt for a career as a remote sensing technician possess unique personalities. Remote sensing analysts seem to be rational human beings, they are strong, independent, persistent, sincere, realistic and resourceful. Some of them are analytical as well, which means they are intelligent, introspective and inquisitive. 

Remote sensing scientists use remote sensing technology to support scientists in fields such as community planning, flight planning or the management of natural resources. Analysing data collected from aircraft, satellites or ground-based platforms using statistical analysis software, image analysis software or Geographic Information Systems (GIS) is a significant part of their work. Do you want to learn how to become remote sensing technician? There's no need to be concerned; we've devised a simple remote sensing technician career path for you. Scroll through the pages and read.

Budget Analyst

Budget analysis, in a nutshell, entails thoroughly analyzing the details of a financial budget. The budget analysis aims to better understand and manage revenue. Budget analysts assist in the achievement of financial targets, the preservation of profitability, and the pursuit of long-term growth for a business. Budget analysts generally have a bachelor's degree in accounting, finance, economics, or a closely related field. Knowledge of Financial Management is of prime importance in this career.

Underwriter

An underwriter is a person who assesses and evaluates the risk of insurance in his or her field like mortgage, loan, health policy, investment, and so on and so forth. The underwriter career path does involve risks as analysing the risks means finding out if there is a way for the insurance underwriter jobs to recover the money from its clients. If the risk turns out to be too much for the company then in the future it is an underwriter who will be held accountable for it. Therefore, one must carry out his or her job with a lot of attention and diligence.

Finance Executive

Product manager.

A Product Manager is a professional responsible for product planning and marketing. He or she manages the product throughout the Product Life Cycle, gathering and prioritising the product. A product manager job description includes defining the product vision and working closely with team members of other departments to deliver winning products.  

Operations Manager

Individuals in the operations manager jobs are responsible for ensuring the efficiency of each department to acquire its optimal goal. They plan the use of resources and distribution of materials. The operations manager's job description includes managing budgets, negotiating contracts, and performing administrative tasks.

Stock Analyst

Individuals who opt for a career as a stock analyst examine the company's investments makes decisions and keep track of financial securities. The nature of such investments will differ from one business to the next. Individuals in the stock analyst career use data mining to forecast a company's profits and revenues, advise clients on whether to buy or sell, participate in seminars, and discussing financial matters with executives and evaluate annual reports.

A Researcher is a professional who is responsible for collecting data and information by reviewing the literature and conducting experiments and surveys. He or she uses various methodological processes to provide accurate data and information that is utilised by academicians and other industry professionals. Here, we will discuss what is a researcher, the researcher's salary, types of researchers.

Welding Engineer

Welding Engineer Job Description: A Welding Engineer work involves managing welding projects and supervising welding teams. He or she is responsible for reviewing welding procedures, processes and documentation. A career as Welding Engineer involves conducting failure analyses and causes on welding issues. 

Transportation Planner

A career as Transportation Planner requires technical application of science and technology in engineering, particularly the concepts, equipment and technologies involved in the production of products and services. In fields like land use, infrastructure review, ecological standards and street design, he or she considers issues of health, environment and performance. A Transportation Planner assigns resources for implementing and designing programmes. He or she is responsible for assessing needs, preparing plans and forecasts and compliance with regulations.

Environmental Engineer

Individuals who opt for a career as an environmental engineer are construction professionals who utilise the skills and knowledge of biology, soil science, chemistry and the concept of engineering to design and develop projects that serve as solutions to various environmental problems. 

Safety Manager

A Safety Manager is a professional responsible for employee’s safety at work. He or she plans, implements and oversees the company’s employee safety. A Safety Manager ensures compliance and adherence to Occupational Health and Safety (OHS) guidelines.

Conservation Architect

A Conservation Architect is a professional responsible for conserving and restoring buildings or monuments having a historic value. He or she applies techniques to document and stabilise the object’s state without any further damage. A Conservation Architect restores the monuments and heritage buildings to bring them back to their original state.

Structural Engineer

A Structural Engineer designs buildings, bridges, and other related structures. He or she analyzes the structures and makes sure the structures are strong enough to be used by the people. A career as a Structural Engineer requires working in the construction process. It comes under the civil engineering discipline. A Structure Engineer creates structural models with the help of computer-aided design software. 

Highway Engineer

Highway Engineer Job Description:  A Highway Engineer is a civil engineer who specialises in planning and building thousands of miles of roads that support connectivity and allow transportation across the country. He or she ensures that traffic management schemes are effectively planned concerning economic sustainability and successful implementation.

Field Surveyor

Are you searching for a Field Surveyor Job Description? A Field Surveyor is a professional responsible for conducting field surveys for various places or geographical conditions. He or she collects the required data and information as per the instructions given by senior officials. 

Orthotist and Prosthetist

Orthotists and Prosthetists are professionals who provide aid to patients with disabilities. They fix them to artificial limbs (prosthetics) and help them to regain stability. There are times when people lose their limbs in an accident. In some other occasions, they are born without a limb or orthopaedic impairment. Orthotists and prosthetists play a crucial role in their lives with fixing them to assistive devices and provide mobility.

Pathologist

A career in pathology in India is filled with several responsibilities as it is a medical branch and affects human lives. The demand for pathologists has been increasing over the past few years as people are getting more aware of different diseases. Not only that, but an increase in population and lifestyle changes have also contributed to the increase in a pathologist’s demand. The pathology careers provide an extremely huge number of opportunities and if you want to be a part of the medical field you can consider being a pathologist. If you want to know more about a career in pathology in India then continue reading this article.

Veterinary Doctor

Speech therapist, gynaecologist.

Gynaecology can be defined as the study of the female body. The job outlook for gynaecology is excellent since there is evergreen demand for one because of their responsibility of dealing with not only women’s health but also fertility and pregnancy issues. Although most women prefer to have a women obstetrician gynaecologist as their doctor, men also explore a career as a gynaecologist and there are ample amounts of male doctors in the field who are gynaecologists and aid women during delivery and childbirth. 

Audiologist

The audiologist career involves audiology professionals who are responsible to treat hearing loss and proactively preventing the relevant damage. Individuals who opt for a career as an audiologist use various testing strategies with the aim to determine if someone has a normal sensitivity to sounds or not. After the identification of hearing loss, a hearing doctor is required to determine which sections of the hearing are affected, to what extent they are affected, and where the wound causing the hearing loss is found. As soon as the hearing loss is identified, the patients are provided with recommendations for interventions and rehabilitation such as hearing aids, cochlear implants, and appropriate medical referrals. While audiology is a branch of science that studies and researches hearing, balance, and related disorders.

An oncologist is a specialised doctor responsible for providing medical care to patients diagnosed with cancer. He or she uses several therapies to control the cancer and its effect on the human body such as chemotherapy, immunotherapy, radiation therapy and biopsy. An oncologist designs a treatment plan based on a pathology report after diagnosing the type of cancer and where it is spreading inside the body.

Are you searching for an ‘Anatomist job description’? An Anatomist is a research professional who applies the laws of biological science to determine the ability of bodies of various living organisms including animals and humans to regenerate the damaged or destroyed organs. If you want to know what does an anatomist do, then read the entire article, where we will answer all your questions.

For an individual who opts for a career as an actor, the primary responsibility is to completely speak to the character he or she is playing and to persuade the crowd that the character is genuine by connecting with them and bringing them into the story. This applies to significant roles and littler parts, as all roles join to make an effective creation. Here in this article, we will discuss how to become an actor in India, actor exams, actor salary in India, and actor jobs. 

Individuals who opt for a career as acrobats create and direct original routines for themselves, in addition to developing interpretations of existing routines. The work of circus acrobats can be seen in a variety of performance settings, including circus, reality shows, sports events like the Olympics, movies and commercials. Individuals who opt for a career as acrobats must be prepared to face rejections and intermittent periods of work. The creativity of acrobats may extend to other aspects of the performance. For example, acrobats in the circus may work with gym trainers, celebrities or collaborate with other professionals to enhance such performance elements as costume and or maybe at the teaching end of the career.

Video Game Designer

Career as a video game designer is filled with excitement as well as responsibilities. A video game designer is someone who is involved in the process of creating a game from day one. He or she is responsible for fulfilling duties like designing the character of the game, the several levels involved, plot, art and similar other elements. Individuals who opt for a career as a video game designer may also write the codes for the game using different programming languages.

Depending on the video game designer job description and experience they may also have to lead a team and do the early testing of the game in order to suggest changes and find loopholes.

Radio Jockey

Radio Jockey is an exciting, promising career and a great challenge for music lovers. If you are really interested in a career as radio jockey, then it is very important for an RJ to have an automatic, fun, and friendly personality. If you want to get a job done in this field, a strong command of the language and a good voice are always good things. Apart from this, in order to be a good radio jockey, you will also listen to good radio jockeys so that you can understand their style and later make your own by practicing.

A career as radio jockey has a lot to offer to deserving candidates. If you want to know more about a career as radio jockey, and how to become a radio jockey then continue reading the article.

Choreographer

The word “choreography" actually comes from Greek words that mean “dance writing." Individuals who opt for a career as a choreographer create and direct original dances, in addition to developing interpretations of existing dances. A Choreographer dances and utilises his or her creativity in other aspects of dance performance. For example, he or she may work with the music director to select music or collaborate with other famous choreographers to enhance such performance elements as lighting, costume and set design.

Social Media Manager

A career as social media manager involves implementing the company’s or brand’s marketing plan across all social media channels. Social media managers help in building or improving a brand’s or a company’s website traffic, build brand awareness, create and implement marketing and brand strategy. Social media managers are key to important social communication as well.

Photographer

Photography is considered both a science and an art, an artistic means of expression in which the camera replaces the pen. In a career as a photographer, an individual is hired to capture the moments of public and private events, such as press conferences or weddings, or may also work inside a studio, where people go to get their picture clicked. Photography is divided into many streams each generating numerous career opportunities in photography. With the boom in advertising, media, and the fashion industry, photography has emerged as a lucrative and thrilling career option for many Indian youths.

An individual who is pursuing a career as a producer is responsible for managing the business aspects of production. They are involved in each aspect of production from its inception to deception. Famous movie producers review the script, recommend changes and visualise the story. 

They are responsible for overseeing the finance involved in the project and distributing the film for broadcasting on various platforms. A career as a producer is quite fulfilling as well as exhaustive in terms of playing different roles in order for a production to be successful. Famous movie producers are responsible for hiring creative and technical personnel on contract basis.

Copy Writer

In a career as a copywriter, one has to consult with the client and understand the brief well. A career as a copywriter has a lot to offer to deserving candidates. Several new mediums of advertising are opening therefore making it a lucrative career choice. Students can pursue various copywriter courses such as Journalism , Advertising , Marketing Management . Here, we have discussed how to become a freelance copywriter, copywriter career path, how to become a copywriter in India, and copywriting career outlook. 

In a career as a vlogger, one generally works for himself or herself. However, once an individual has gained viewership there are several brands and companies that approach them for paid collaboration. It is one of those fields where an individual can earn well while following his or her passion. 

Ever since internet costs got reduced the viewership for these types of content has increased on a large scale. Therefore, a career as a vlogger has a lot to offer. If you want to know more about the Vlogger eligibility, roles and responsibilities then continue reading the article. 

For publishing books, newspapers, magazines and digital material, editorial and commercial strategies are set by publishers. Individuals in publishing career paths make choices about the markets their businesses will reach and the type of content that their audience will be served. Individuals in book publisher careers collaborate with editorial staff, designers, authors, and freelance contributors who develop and manage the creation of content.

Careers in journalism are filled with excitement as well as responsibilities. One cannot afford to miss out on the details. As it is the small details that provide insights into a story. Depending on those insights a journalist goes about writing a news article. A journalism career can be stressful at times but if you are someone who is passionate about it then it is the right choice for you. If you want to know more about the media field and journalist career then continue reading this article.

Individuals in the editor career path is an unsung hero of the news industry who polishes the language of the news stories provided by stringers, reporters, copywriters and content writers and also news agencies. Individuals who opt for a career as an editor make it more persuasive, concise and clear for readers. In this article, we will discuss the details of the editor's career path such as how to become an editor in India, editor salary in India and editor skills and qualities.

Individuals who opt for a career as a reporter may often be at work on national holidays and festivities. He or she pitches various story ideas and covers news stories in risky situations. Students can pursue a BMC (Bachelor of Mass Communication) , B.M.M. (Bachelor of Mass Media) , or  MAJMC (MA in Journalism and Mass Communication) to become a reporter. While we sit at home reporters travel to locations to collect information that carries a news value.  

Corporate Executive

Are you searching for a Corporate Executive job description? A Corporate Executive role comes with administrative duties. He or she provides support to the leadership of the organisation. A Corporate Executive fulfils the business purpose and ensures its financial stability. In this article, we are going to discuss how to become corporate executive.

Multimedia Specialist

A multimedia specialist is a media professional who creates, audio, videos, graphic image files, computer animations for multimedia applications. He or she is responsible for planning, producing, and maintaining websites and applications. 

Quality Controller

A quality controller plays a crucial role in an organisation. He or she is responsible for performing quality checks on manufactured products. He or she identifies the defects in a product and rejects the product. 

A quality controller records detailed information about products with defects and sends it to the supervisor or plant manager to take necessary actions to improve the production process.

Production Manager

A QA Lead is in charge of the QA Team. The role of QA Lead comes with the responsibility of assessing services and products in order to determine that he or she meets the quality standards. He or she develops, implements and manages test plans. 

Process Development Engineer

The Process Development Engineers design, implement, manufacture, mine, and other production systems using technical knowledge and expertise in the industry. They use computer modeling software to test technologies and machinery. An individual who is opting career as Process Development Engineer is responsible for developing cost-effective and efficient processes. They also monitor the production process and ensure it functions smoothly and efficiently.

AWS Solution Architect

An AWS Solution Architect is someone who specializes in developing and implementing cloud computing systems. He or she has a good understanding of the various aspects of cloud computing and can confidently deploy and manage their systems. He or she troubleshoots the issues and evaluates the risk from the third party. 

Azure Administrator

An Azure Administrator is a professional responsible for implementing, monitoring, and maintaining Azure Solutions. He or she manages cloud infrastructure service instances and various cloud servers as well as sets up public and private cloud systems. 

Computer Programmer

Careers in computer programming primarily refer to the systematic act of writing code and moreover include wider computer science areas. The word 'programmer' or 'coder' has entered into practice with the growing number of newly self-taught tech enthusiasts. Computer programming careers involve the use of designs created by software developers and engineers and transforming them into commands that can be implemented by computers. These commands result in regular usage of social media sites, word-processing applications and browsers.

Information Security Manager

Individuals in the information security manager career path involves in overseeing and controlling all aspects of computer security. The IT security manager job description includes planning and carrying out security measures to protect the business data and information from corruption, theft, unauthorised access, and deliberate attack 

ITSM Manager

Automation test engineer.

An Automation Test Engineer job involves executing automated test scripts. He or she identifies the project’s problems and troubleshoots them. The role involves documenting the defect using management tools. He or she works with the application team in order to resolve any issues arising during the testing process. 

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Constitution of India History, Evolution, Features, Timeline

Indian Constitution is the lengthiest written document in the world. Know more about constitution of India history, types, evolution, making , Features, Timeline for UPSC.

Table of Contents

What is a Constitution?

A Constitution is central to the administration of the country and to the existence and functioning of a country as a politico-legal entity. They are a set of rules and regulations for a state which set out the fundamental principles by which the state is governed.

It describes the main institution of the state (Executive, Legislature & Judiciary) and the relationship between these institutions. It places limits on the exercise of power and set out the rights and duties of the citizens.

Difference Between Constitution & Law

The Constitution of a nation is the supreme law of the land whereas Law is a set of rules to govern social and government institutions, however, there is no precise definition of it.

Read about: Important Articles of Indian Constitution

Purpose of Constitution

Rule of Law: Constitution establishes the doctrine of the Rule of Law at the place of the Rule of man. It is an important feature of a democracy, as in a democracy the power lies with the people.

Doctrine of Limited Government: it ensures that there should be legal constraints on the powers of government authorities, especially with respect to the rights of the people. It checks the arbitrary decisions of the authorities by providing the citizens with Fundamental Rights and an Independent Judiciary for its protection.

Ensure Fundamental Rights to its Citizens:   As Fundamental Rights provided to the citizens ensure rule of law by limiting the arbitrary actions of the government. Hence, it provides political freedom to the citizens.

Doctrine of Separation of Power and Checks & Balance:  It ensures the division of the functions of the three organs of the constitution and each checks and balances the functioning of other organs.

Independent Judiciary : Any constitution that wants to safeguard its citizens’ rights must protect and ensure the independence of the judiciary.

Read about: Preamble of Indian Constitution

Constitution Types

The Constitution helps check the country’s legal, political and social functions in different ways. Below are the types of constitutions:

Read about: Constitution Day of India

Constitution Features

There are some important features that are typically contained in the Constitution:

Constitution of India History

In 1600, the British arrived in India as traders in the form of the East India Company (EIC). Under a Charter granted by Queen Elizabeth I, the company had the exclusive rights to trading in India. Initially, they only engaged in trading and were not motivated by political gains. However, this scenario changed after their victory in the Battle of Buxar in 1764.

The company which until now was only engaged in trade gained Diwani rights (rights over revenue) of Bengal, Bihar and Orissa. This marked the rise of EIC as a territorial force. The company went on to administer India till 1858 when the British Crown directly assumed control of India’s affairs in the wake of the ‘ Revolt of 1857 ’. The British government went on to rule India till its independence on August 15, 1947.

India’s independence necessitated a Constitution for the country. In 1946, the Constituent Assembly was formed to draft the constitution. The Indian Constitution came into being on 26th January 1950.

Read about: 42nd Amendment of Indian Constitution

Evolution of Indian Constitution

The evolution of the Constitution of India can be traced back to various acts and policies were undertaken by the Company and the British administration. The constitution of India came into force on January 26, 1950 under Dr BR Ambedkar (Farther of the Constitution of India) and transformed the Dominion of India into the Republic of India. It had been drafted, discussed, and finalised by the Constituent Assembly between 1946 and 1949. The evolution can be studied under two broad timelines:

• The Company rule (1773-1858)
• The Crown rule (1858-1947)

Constitution of India History – Regulating Act of 1773

Due to the inefficiency of the dual system introduced by Robert Clive in 1765 British parliament considered it important to regulate the affairs of the company and passed the Regulating Act of 1773 .

It was the first step by the British parliament to regulate and control the affairs of the East India Company. It laid the foundation of centralised administration in India by making the Governors of Bombay and Madras presidencies subordinate to the Governor-General of Bengal. For the first time ever, the political and administrative functions of the company in India were officially recognised.

Constitution of India History – Pitt’s India Act of 1784

The Pitts India Act 1784 was passed by the British parliament to fix the flaws of the Regulating Act, of 1773.  It was in continuation of the policy of decentralisation of administration which began by enacting the Regulating Act, of 1773.

It introduced the system of double government. A Board of Control was created for managing political affairs and the Court of directors was entrusted with managing only the commercial affairs of the company.

Constitution of India History – Charter Act of 1793

The Charter Act of 1793 was passed by the British Parliament to renew the charter of the East India Company. This act authorised the trade monopoly of the company with India for the next 20 years.

Constitution of India History – Charter Act of 1813

The Charter Act of 1813 was passed to renew the company’s charter for another 20 years. The company’s monopoly to trade in the east was severely opposed by the local British merchants including some parliamentarians. It ended the trade monopoly of the company except for trade in tea and trade with China.

Constitution of India History – Charter Act of 1833

Centralization of the Indian administration reached its zenith after the elevation of the Governor General of Bengal as the Governor-General of India . India’s first Law commission was constituted which was responsible for drafting the Indian Penal Code (IPC) which was enacted later in 1860.

Constitution of India History – Charter Act of 1853

The Charter Act of 1853 was the last charter act passed by the British parliament. It was the first step towards the inclusion of Indians in administration and law-making. The governor-general’s Council’s legislative and executive functions were separated for the first time.

A separate Indian (Central) legislative council was constituted which included 6 members as legislative councillors. The Indian (Central) Legislative Council was like a small Parliament (along the same lines as the British Parliament).

Constitution of India History – Government of India Act, 1858

The Government of India Act, 1858 is also known as the Act of Good Government of India. The act was enacted to transfer the powers of the government, administration, revenue and territories to the British crown. Its objective was to keep the Indian Government in check. However, no substantial changes were brought in the system of Governance which prevailed in India.

Constitution of India History – Indian Councils Act 1861

Indian Councils Act 1861 marked the beginning of representative institutions by associating Indians with the law-making process.  It reversed the policy of centralisation under the Company’s rule which was started by the Regulating Act of 1773 and reached its climax under the Charter Act of 1833.

Constitution of India History – Indian Councils Act 1892

Indian Councils Act 1892 : In a very limited sense, it initiated the principle of representation. As a result, the number of Indians increased in the legislative councils. This enabled leaders like Gopal Krishna Gokhale to enter the councils and enhance political consciousness among the masses.

Constitution of India History – Indian Councils Act 1909

Indian Councils Act 1909: Also called the Minto-Morley reforms Indians were given membership in the Imperial Legislative Council for the first time. This act legalised ‘Communalism’, and Lord Minto came to be known as the Father of Communal Electorate in India.

Constitution of India History – Government of India Act 1919

The Government of India Act of 1919 was based on the recommendations of a report by Edwin Montague, the then Secretary of State for India, and Lord Chelmsford. It led to the seed for the formation of the Indian Constitution.

The Government of India Act intended to bring a completely responsible government to the British Indian provinces. Large-scale elections were also conducted for the first time in all the provinces in 1937 as per the provisions of the Act. Many of the provisions and the framework of the Indian constitution have been taken from this act, and hence, this act is also called the ‘ Mini Constitutio n’.

Constitution of India History – Indian Independence Act of 1947

The Mountbatten Plan was accepted by all parties. The INC initially opposed the partition of the country but finally accepted it as an inevitable process. The plan was accepted by both INC and the Muslim League. The proposal was given immediate effect by enacting the Indian Independence Act 1947 .

Historical Background of Indian Constitution

India is the largest democracy in the world, living and breathing in the air of sovereignty has been gifted with the lengthiest constitution of the world that consists of 448 Articles (395 originally), 25 Parts (22 originally), 12 Schedules (8 originally), 105 constitutional amendments (first was enacted in 1950).  The Story behind the making of the Indian Constitution receives a significant position in the history of India.

Government of India Act 1919: It announced that in 10 years from 1919, a royal commission will be set up to report on the working of the particular act, though the commission was appointed in 1928, even though it was to be appointed in 1929 as per the 1919 Act.

Indian Statutory Commission: Also came to known as  Simon Commission ’, was a group of seven Members of the British Parliament under the chairmanship of Sir John Simon. The commission arrived in India in 1928 to study constitutional reform in Britain’s largest and most important dominion. The purpose of this commission was to report on the working of the Indian established under the Government of India Act 1919 and to decide the political future of India.

Indians Response: The Indian National Congress along with the Muslim League boycotted the commission as a result of the protest Lord Birkenhead, the Secretary of State of India challenged Indian leaders to draft a Constitution for India which was accepted by the Indian leaders.

First Major Attempt: A committee was appointed with the task to draft Indian Constitution. The committee was under the leadership of Motilal Nehru with Jawaharlal Nehru as Secretary, Ali Imam, Tej Bahadur Sapru, Mangal Singh, M S Aney, Subhas Chandra Bose , Shuaib Qureshi and G R Pradhan where the other members. The draft of the constitution prepared by the committee was called the Nehru Committee Report or Nehru Report . The report was submitted in the Lucknow session of the all-party conference on August 28, 1928. This was the first major attempt by Indians to draft a constitution for India.

Demand of Constituent Assembly: The seed for the formation of the constituent assembly was sown initially in 1934 by the Pioneer of the Indian Communist Leader Mahendra Nath Roy (M.N Roy). Later, in 1935, the Indian National Congress (INC) officially demanded the setting up of a   for framing the Constitution of India.

British Response: In early 1940, the British responded to the above demand and proposed August Offer this proposal included the establishment of an advisory war council, the inclusion of more Indians in administration, and recognized the right of Indians to frame their own Constitution after the end of the Second World War. The offer was, rejected by both Congress Working Committee and the Muslim League.

Cripps Mission: The Cripps Mission , headed by Sir Stafford Cripps, was sent in March 1942. It was entrusted with drafting a draft proposal on the framing of an independent constitution after the end of World War II . However, it also failed in its objective.

Cabinet Mission: In 1946, the Cabinet Mission came to India with the aim to discuss the transfer of power from the British Government to the Indian leadership, with the aim of preserving India’s unity and granting it independence.

It held discussions with representatives of British India and the Indian States to set up a Constituent body. And, also put forth a scheme for the formation of the Constituent Assembly. Based on the recommendation the Constituent Assembly was formed on December 1946.

Indian Constitution Timeline

Here is the Timeline of the formation of the Indian Constitution:

Indian Constitution Time Taken

Before the Constitution was formed, the legislations that governed the functioning of Indian provinces were the Indian Independence Act of 1947 and the Government of India Act of 1935 which were repealed after the commencement of the Constitution on 26 January 1950.

The constituent assembly was constituted on November 1946 and the first meeting of the constituent assembly was held on December 1946. Under the chairmanship of Dr. BR Ambedkar, the constituent assembly established a drafting committee to come up with a draft of the Constitution for India

It took around 11 sessions and 167 days, precisely 2 years 11 months and 18 days to prepare the final draft of the constitution with a total of 2000 amendments (approx.)

Constitution Makers of India

India under British rule had two types of territories, the British Provinces & the Princely States. The constituent assembly was formed on the basis of the population of a region, hence there was one representative for 10 lakh people.

So, there were 398 representatives from the entire country of which 296 were from the British Province and 93 were from the Princely states. Although the Princely states dint took part in the constituent assembly which left 296 members from the British provinces in the constituent assembly.

The drafting committee of the Constitution had seven members namely Alladi Krishnaswami Ayyar, N. Gopalaswami, B.R. Ambedkar (Chairman of the drafting committee.), K.M Munshi, Mohammad Saadulla, B.L. Mitter, D.P. Khaitan.

Note: B.L.Mitter resigned due to health issues and he was replaced by N Madhav Rau. D.P. Khaitan died in 1948 and got replaced by TT Krishnamachari.

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What constitution means?

A constitution is the rule book for a state. It sets out the fundamental principles by which the state is governed.

Who is the father of Indian Constitution?

Dr. Bhimrao Ramji Ambedkar is known as the father of the Indian Constitution

Which is the smallest Constitution?

The Indonesian Constitution

Who is the mother of Constitution of India ?

Bhikaiji Rustom Cama

Who wrote India's first Constitution?

Prem Behari Narain Raizada was the calligrapher of the Indian Constitution. The original constitution was handwritten by him in a flowing italic style.

What is the meaning of the constitution?

They are rules and regulations on which a country is governed.

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Essay on Constitution of India for Students and Children

500+ words essay on constitution of india.

The constitution of India came into force from 26 January. A special committee is gathered to draw and outline the constitution. The constitution gives all the details related to what is legal and what is illegal in the country. In addition, with the enforcement of the constitution, the Indian sub-continent become the Republic of India . Besides, the drafting committee consists of seven members that were supervised by B.R. Ambedkar. Moreover, the constitution helps in maintaining prosperity and peace in the country.

Salient Features of the Constitution

The list of salient features of the Indian constitution is very long and there are many uniqueness about it that you won’t find in any other countries constitution.

Longest Written Constitution

The first thing that makes the Indian constitution different is its length. The constitution of India contains a preamble, 448fourhundred, and forty-eight Articles, twenty-five groups, twelve Schedules, and five appendices. Moreover, it takes around 3 years to complete the draft of the constitution.

The Rigidity and Flexibility of the Indian Constitution

The constitution is hard as well as soft both at the same time. While on one side the supreme power needs to be followed carefully to maintain the law and order in the country, on the other side the citizen can appeal to amend the outdated provisions. But there are certain provisions that can be easily amended and there are some that take a lot of time and resources to amend. Furthermore, there have been more than 100 amendments in the constitution from the day of its enforcement.

Get the huge list of more than 500 Essay Topics and Ideas

The original constitution does not have preamble but it was later on added to the constitution. Also, it gives a detailed account of the constitution’s philosophy. The preamble states that India is a Socialist, Secular, Sovereign, and Democratic republic. In addition, it believes in equality, justice, and freedom of its people . The constitution puts the welfare of its people first rather than the state.

A Secular State

According to the constitution of India is a secular country that means that it does not give special status to any religion. Anyone can perform his religion freely.

It means a dictator or monarch does not rule the country. Moreover, it nominates and elects its head every five years.

Fundamental Policies

The constitution of t5he country states every fundamental duty of its citizens under it. These duties have to be followed by all the citizens of the country equally whether it’s a rich person or a poor one. Besides, these duties include the respect of national flag and national anthem , integrity and unity of the country, the safeguard of public property, and various others.

Directive State Principle or Policy

This policy is simple guidelines to the state in which ensure the development of its socio-economy via its policies.

In conclusion, the constitution serves as guidelines for every citizen. Also, law and rule are completely defined in the constitution. The head of the drafting committee Dr. B.R. Ambedkar has done a remarkable job that no one can forget. He and his team draft constitution that no other country has bale to do till date. Besides, the constitution has helped India to attain the status of the Republic in the world.

FAQs about Essay on Constitution of India

Q.1 Define what is the Indian constitution in simple words? A.1 The constitution is the supreme law of the country. Everything is predefined in it. Besides, the constitution is a framework that guides the procedures, policies, and power of the government.

Q.2 Who is known as the father of the Indian constitution? A.2 Dr. B.R. Amberdkar is the father of the Indian constitution because he was the head of the drafting committee that completed the constitution.

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Essay on Constitution of India

Students are often asked to write an essay on Constitution of India in their schools and colleges. And if you’re also looking for the same, we have created 100-word, 250-word, and 500-word essays on the topic.

Let’s take a look…

100 Words Essay on Constitution of India

Introduction.

The Constitution of India is a significant document that outlines the country’s political code, structure, procedures, and powers. It is the longest written constitution in the world.

The constitution was adopted on 26th November 1949 and came into effect on 26th January 1950. Dr. B.R. Ambedkar was the chief architect.

It declares India as a sovereign, socialist, secular, and democratic republic. It also provides for a parliamentary system of government which is federal in structure.

The Constitution of India serves as the guiding light, ensuring justice, equality, and fraternity among its citizens.

Also check:

• 10 Lines on Constitution of India
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250 Words Essay on Constitution of India

The Constitution of India, the world’s lengthiest written constitution, is the supreme law of India. It lays the framework demarcating fundamental political principles, establishes the structure, procedures, powers, and duties of the government institutions, and sets out fundamental rights, directive principles, and duties of citizens.

Historical Background

Drafted by the Constituent Assembly, which was elected for undivided India, the Constitution was adopted on 26th November 1949 and came into effect on 26th January 1950, replacing the Government of India Act (1935). The drafting committee, chaired by Dr. B. R. Ambedkar, is credited for the constitution’s formulation.

Features of the Constitution

The Constitution declares India a sovereign, socialist, secular, and democratic republic, assuring its citizens justice, equality, and liberty, and promoting fraternity. It provides a parliamentary system of government, federal in structure with unitary features.

Amendments and Adaptability

The Constitution is a living document with a dynamic approach. As of 2021, it has been amended 105 times, reflecting its flexibility. The amendment procedure is detailed in Article 368, allowing changes to meet the evolving socio-political needs.

The Indian Constitution is not merely a legal document but a vehicle of the nation’s life. It reflects the aspirations and values of its people. Despite its imperfections and criticisms, it has served as a robust framework guiding India’s progress and upholding its democratic ethos.

500 Words Essay on Constitution of India

The Constitution of India is a symbol of the nation’s sovereignty, outlining the framework that defines political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out the fundamental rights, directive principles, and duties of citizens. Adopted on 26th November 1949 and put into effect on 26th January 1950, it replaced the Government of India Act (1935) as the governing document of India.

Historical Background and Framing of the Constitution

The decision to frame a constitution for India was made in 1934 by the Indian National Congress. The drafting committee, chaired by Dr. B.R. Ambedkar, was constituted in 1947. The committee took nearly three years to draft the constitution, drawing inspiration from various sources including the British, American, Australian, Canadian, and Irish constitutions, as well as the French Declaration of the Rights of Man.

Features of the Indian Constitution

The Indian Constitution is the world’s lengthiest written constitution, with a preamble and 470 articles, which are grouped into 25 parts with 12 schedules and five appendices. It declares India a sovereign, socialist, secular, and democratic republic, assuring its citizens of justice, equality, and liberty, and endeavors to promote fraternity among them.

The Constitution provides for a parliamentary form of government, which is federal in structure with unitary features. It also provides for a bicameral legislature consisting of an Upper House (Rajya Sabha), and a Lower House (Lok Sabha). The President of India is the head of state, while the Prime Minister is the head of government.

Directive Principles and Fundamental Rights

The Constitution of India guarantees six fundamental rights to its citizens: 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 are aimed at ensuring individual liberty and equality.

The Directive Principles of State Policy, on the other hand, are guidelines for the framing of laws by the government. These principles, though non-justiciable, aim to establish social and economic democracy, complementing the political democracy guaranteed by the fundamental rights.

Amendments to the Constitution

The Constitution of India has a provision for amendments to maintain its relevance. These amendments are carried out under Article 368. Till now, the constitution has been amended 104 times, reflecting the dynamic nature of the constitution.

The Constitution of India has stood the test of time, accommodating the changing needs of a growing nation. It has served as a robust framework guiding the country through its journey as a democratic republic. As the supreme law of the land, it continues to protect the rights of citizens and uphold the values of justice, equality, and liberty.

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Constitution of India Essay

The constitution of India became effective on 26 th  January 1950; though it was adopted by the Constituent Assembly on 26 th November 1949. It was written by a drafting committee headed by Dr. B. R. Ambedkar. It is the longest written constitution that defines the power, procedures and responsibilities of the government institutions of India and gives detailed account of the fundamental rights and duties of the citizens of our country.

The original Indian Constitution is hand written, calligraphed and also the lengthiest Constitution in the world. The Constitution of India is the supreme law of India drafted by the Constituent Assembly, superior even to the Parliament, as it cannot over rides it. With the Constitution coming into effect, India’s status from “Dominion of India” was changed to the “Republic of India”.

Long and Short Essay on Constitution of India in English

Here are long and short essay on Constitution of India to help you with the topic in your exam.

After going through the Constitution of India essay you will know about the features of Constitution, who was in the drafting committee of the constitution, which other constitutions is the Indian constitution inspired from, how long does it took to draft the Constitution, and other facts of the Constitution of India.

You can use these essays in your school’s essay writing competition, debate competition or other similar events.

Short Essay on Constitution of India (200 words)

The Constitution of India was drafted under the chairmanship of Dr. B. R. Ambedkar who is known as the Father of the Indian Constitution. It took almost three years to draft the Constitution. Various socio-political and economic aspects of the society were taken into consideration while drafting the Constitution. The drafting committee also referred to the Constitutions of various other counties including Britain, France and Japan to seek valuable inputs.

The Constitution of India includes the Fundamental Rights and Duties of the citizens, the Directive Principles of State Policy and the Federal Structure of the Government of India. Every policy, right and duty has been explained at length in the Indian Constitution thereby making it the longest written Constitution in the world.

More than 2000 amendments had to be made in the Constitution of India in order to get it approved. It was adopted on 26th November 1949 and was enforced completely on 26 th January 1950. This was the day when our country began to be known as the Republic of India. 26 th January is since then celebrated as the Republic Day. The Indian National Flag is hoisted at various places across the country and the National Anthem is sung to rejoice the day. National Constitution Day, a special day dedicated particularly to the Indian Constitution, came into being in 2015.

Essay on Importance of Constitution of India (300 words)

Introduction

The Constitution of India is known to be the supreme document that gives a detailed account of what the citizens of India can and cannot do. It has set a standard that needs to be followed to ensure law and order in the society and also to help it develop and prosper.

Constitution Defines the Fundamental Rights and Duties of Indian Citizens

The fundamental rights and duties of the Indian citizens have clearly been defined in the Constitution of the country. The Fundamental Rights of the Indian citizens include the Right to Equality, Right to Freedom, Right to Freedom of Religion, Cultural and Educational Rights, Right against Exploitation, Right to Constitutional Remedies. These are the basic rights that all the citizens of the country are entitled to irrespective of their caste, colour, creed or religion.

Some of the fundamental duties of an Indian citizen are to respect the constitution, honour the national flag and national anthem, protect the unity, preserve the heritage of the country, protect the integrity and sovereignty of India, promote the spirit of brotherhood, have compassion for living creatures, strive for excellence, protect public property and contribute his/ her bit in maintaining peace. These are also mentioned at length in the Indian Constitution.

Constitution Defines the Structure and Working of the Government

The structure and working of the government is also stated at length in the Constitution of India. The Constitution mentions that India has a parliamentary system of government. This system is present at the centre as well as in the states. The Prime Minister and the Union Council of Ministers have the power to take all the major decisions. The President of India, on the other hand, has nominal powers.

Dr. B.R. Ambedkar along with his team of six members who were a part of the drafting committee came up with the Constitution of India. The Constitution was approved after several amendments. Many amendments have also been done after the enforcement of the Constitution.

Essay on Formation of Constitution of India (400 words)

The Constitution of India came into form on 26 th November 1949. A special committee was formed to draft the Constitution that gives a detailed account of the practices that are deemed lawful and those deemed unlawful and are punishable. The Constitution was enforced on 26 th January 1950. With the enforcement of the Constitution, our country came to be known as the Republic of India.

Special Drafting Committee for the Constitution of India

The task of drafting the Constitution of India was that of great responsibility. The Constituent Assembly set up a special drafting committee to further this work. There were seven members in the drafting committee. These included prominent Indian leaders namely, B.R. Ambedkar, B.L. Mitter, K.M. Munshi, N. Gopalaswami Ayengar, Alladi Krishnaswami Ayyar, DP and Mohammad Saadullah. Dr. B.R. Ambedkar headed the drafting committee. Ambedkar is referred to as the Father of the Indian Constitution. This is because it was under his guidance and supervision that this big draft came into form.

Indian Constitution – Inspired by Constitutions of Other Countries

The constitution of India drew inspiration from the constitutions of various other countries. Many of the concepts and acts included in our constitution are borrowed from the constitutions of countries such as France, Germany, Japan, Australia, USA, Britain, Ireland, Russia and South Africa.

The drafting committee of the Indian Constitution also referred to the Government of India Act 1858, the Government of India Act 1919 and 1935 and the Indian Independence Act 1947 to get an idea about the acts and features to be included in the Constitution. These previous acts helped the committee understand the condition and requirement of the citizens of the country. Our Constitution is thus often referred to as the bag of borrowings. It consisted of as many as 395 articles, 22 parts and 8 schedules at the time of its enactment. It was handwritten and calligraphed.

After putting in immense efforts when the drafting committee presented the final draft of the Constitution of India, it was suggested to make several amendments. The committee sat together to make more than 2000 amendments to get the Constitution approved. The members conducted several discussions to make appropriate amendments for getting the approval. 284 members of the Constituent Assembly of India signed the Constitution to give their approval on the same. This was done two days before the enforcement of the constitution.

The Constitution of India is a massive piece of writing that includes a detailed account of the dos and don’ts for the Indian system. It has undergone around 100 amendments since it came into form.

Essay on Constitution of India (500 words)

Constitution of India – The Supreme Power of Country

The Constitution of India is rightly said to be the supreme power of the country. The laws, codes, rights and duties mentioned in the Indian Constitution need to be followed strictly by the citizens of the country. The decisions made in the parliament and Supreme Court of India are all based on the laws and codes defined in the Constitution of India. Parliament of India does not have the power to override the constitution.

Dr. B. R Ambedkar – The Chief Architect of Indian Constitution

Dr. B. R. Ambedkar headed the drafting committee formed to write the Constitution of India. He was the chairman of this committee. He contributed immensely in the formation of the Constitution by giving several valuable inputs and thus came to be known as the chief architect of the Constitution of India. There were six other members in the drafting committee which was formed by the Constituent Assembly of India. These members worked under the guidance of Dr. Ambedkar.

Constitution of India Replaced Government of India Act

The Government of India Act, 1935 acted as the fundamental governing document of India until the formation of the Constitution of India. The Constituent Assembly of India adopted the Constitution of India in November 1949. Many of the articles of the Constitution came into force at that time. The Constitution was effectively enforced on 26 th January 1950 which came to be known as the Indian Republic Day. The remaining articles became effective on this date. Our country which was until then called the Dominion of the British Crown thereafter came to be known as the Sovereign Democratic Republic of India.

Special Days to Celebrate the Constitution of India

Republic Day

The formation and enforcement of Indian Constitution is celebrated at a grand scale on the Republic Day each year. Republic Day is a national holiday in the country. A massive event is organized at India Gate, New Delhi on Republic Day to honour the Constitution of the country. The constitutional head of India, i.e., its president hoists national flag at Rajpath. The Prime Minister and President of India and several Chief Ministers of different states of the country are present at the event. Parades by school kids and armed forces are held on Rajpath. School children also perform dances and other cultural acts. Parade of beautiful tableau displaying the culture of various Indian states is also held during the event.

Several small events are organized at different offices and schools throughout the country to commemorate the Indian Constitution. Painting, essay and music competitions are held in schools and colleges. Patriotic songs are sung and speeches about the Constitution of India are delivered.

National Constitution Day

In the year 2015, Indian Prime Minister, Narendra Modi, gave the suggestion to dedicate an exclusive day to our constitution. Since the Indian Constitution was adopted on 26 th November 1949, this date was chosen to honour the constitution. 26 th November is being celebrated as the National Constitution Day since 2015.

Many small and big events are organized in schools, colleges and government institutions across India on this day. The importance of the Indian Constitution is emphasized during these events. Patriotic songs are sung and cultural activities are organized to celebrate the day.

The Constitution of India has been prepared with precision considering the interest of the common man as well as the overall interest of the country. It is a gift for the citizens of our country.

Long Essay on Constitution of India (600 words)

Enforced on 26 th January 1950, the Constitution of India was prepared by a committee consisting of seven members headed by Dr. B. R. Ambedkar. It guides the citizens of India, the country’s government bodies and other authorities to act in the right manner. It has played a significant role in maintaining peace and prosperity in the country.

Salient Features of the Constitution of India

Here are the top salient features of the constitution of India:

Longest Written Constitution

The Constitution of India is the longest written constitution in the world. It took almost three years to write this detailed constitution. It has a preamble, 448 articles, 25 groups, 12 schedules and 5 appendices. It is much lengthier than the US Constitution that includes only 7 Articles.

Amalgamation of Rigidity and Flexibility

The Constitution of India is a mix of rigidity and flexibility. While it is the supreme power that needs to be followed diligently to maintain law and order in the country, the citizens can appeal to amend the provisions they deem outdated or stern. While certain provisions can be amended with some difficulty others are easy to amend. As many as 103 amendments have been done in the Constitution of our country since its enforcement.

The Preamble

The well drafted Preamble of the Indian Constitution gives a detailed account of the philosophy of the constitution. It states that India is a Sovereign Socialist Secular Democratic Republic. It is a welfare state which puts its people first. It believes in equality, freedom and justice for its people. While democratic socialism was followed right from the beginning, the term Socialism was added only in 1976.

India – A Secular State

The Constitution has declared India a secular state. India does not give special status to any religion. It provides its citizens complete freedom to choose their religion. It condemns religious groups instigating people in the name of religion.

India – A Republic

The Constitution declares India to be a Republic. The country is not ruled by a nominated head or monarch. It has an elected head called the President. The President, elected indirectly by the people of the country, comes to power for a period of 5 years.

India – A Mix of Federalism and Unitarianism

The Constitution describes India as a federal structure with many unitary features. It is referred to as a Quasi-Federation or a Unitarian Federation. Just like a federation, India has divided power among the centre and states. It has a dual administration system. It has a written, supreme constitution that needs to be followed religiously. It includes an independent judiciary embedded with the power to decide centre-state disputes. At the same time it has unitary features such as a strong common constitution, common election commission and emergency provisions to name a few.

Fundamental Duties of Citizens

The Constitution of India clearly states the fundamental duties of its citizens. Some of these are to upload and protect the sovereignty, unity and integrity of India, respect the national flag and the national anthem, preserve the rich heritage of the country, protect the natural environment, safeguard public property and treat everyone equally.

Directive Principles of the State Policy

The Directive Principles of the State Policy are also mentioned in the Constitution of India. These principles are basically the guidelines provided to the state to further socio-economic development aims via its policies.

The Constitution of India serves as a guiding light for its citizens. Everything is well-defined in the Indian Constitution. It has helped India attain the status of a Republic. Dr. B. R. Ambedkar and the members of the drafting committee of the Indian constitution have indeed done a commendable job for which they will always be remembered.

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Constitution Day

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The volley of drones and missiles was the first time that Tehran directly attacked Israel from its own territory, one expert said.

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By Cassandra Vinograd

• Published April 14, 2024 Updated April 18, 2024

Follow live updates on Israeli military strikes in Iran.

For decades, Israel and Iran have fought a shadow war across the Middle East , trading attacks by land, sea, air and in cyberspace. The barrage of drones and missiles Iran launched at Israel on Saturday — though nearly all were shot down or intercepted — represented a watershed in the conflict.

It was the first time that Iran directly attacked Israel from its own territory, according to Ahron Bregman, a political scientist and expert in Middle East security issues at King’s College in London, who called it a “historic event.”

Iran has largely used foreign proxies such as Lebanon’s Hezbollah militia to strike Israeli interests, while targeted assassinations of Iranian military leaders and nuclear scientists have been a key part of Israel’s strategy. Here is a recent history of the conflict:

August 2019: An Israeli airstrike killed two Iranian-trained militants in Syria, a drone set off a blast near a Hezbollah office in Lebanon and an airstrike in Qaim, Iraq, killed a commander of an Iran-backed Iraqi militia. Israel accused Iran at the time of trying to establish an overland arms-supply line through Iraq and northern Syria to Lebanon, and analysts said the strikes were aimed at stopping Iran and signaling to its proxies that Israel would not tolerate a fleet of smart missiles on its borders.

January 2020: Israel greeted with satisfaction the assassination of Maj. Gen. Qassim Suleimani , the commander of the foreign-facing arm of Iran’s Islamic Revolutionary Guards Corps, in an American drone strike in Baghdad.

Iran hit back by attacking two bases in Iraq that housed American troops with a barrage of missiles, wounding about 100 U.S. military personnel .

2021-22: In July 2021, an oil tanker managed by an Israeli-owned shipping company was attacked off the coast of Oman, killing two crew members, according to the company and three Israeli officials. Two of the officials said that the attack appeared to have been carried out by Iranian drones.

Iran did not explicitly claim or deny responsibility, but a state-owned television channel described the episode as a response to an Israeli strike in Syria.

In November 2021, Israel killed Iran’s top nuclear scientist, Mohsen Fakhrizadeh , and followed up with the assassination of a Revolutionary Guards commander, Col. Sayad Khodayee , in May 2022.

December 2023: After Israel’s bombardment of Gaza began in response to the Oct. 7 Hamas-led assault, Iranian-backed militias stepped up their own attacks . And late last year, Iran accused Israel of killing a high-level military figure, Brig. Gen. Sayyed Razi Mousavi , in a missile strike in Syria.

A senior adviser to the Revolutionary Guards, General Mousavi was described as having been a close associate of General Suleimani and was said to have helped oversee the shipment of arms to Hezbollah. Israel, adopting its customary stance, declined to comment directly on whether it was behind General Mousavi’s death.

January 2024: An explosion in a suburb of Beirut, Lebanon, killed Saleh al-Arouri , a Hamas leader, along with two commanders from that group’s armed wing, the first assassination of a top Hamas official outside the West Bank and Gaza in recent years. Officials from Hamas, Lebanon and the United States ascribed the blast to Israel , which did not publicly confirm involvement.

Hezbollah, which receives major support from Iran, stepped up its assaults on Israel after Mr. al-Arouri’s death. Israel’s military hit back at Hezbollah in Lebanon, killing several of the group’s commanders .

March and April: An Israeli drone strike hit a car in southern Lebanon, killing at least one person. Israel’s military said it had killed the deputy commander of Hezbollah’s rocket and missile unit. Hezbollah acknowledged the death of a man, Ali Abdulhassan Naim, but did not provide further details.

The same day, airstrikes killed soldiers near Aleppo, northern Syria, in what appeared to be one of the heaviest Israeli attacks in the country in years. The strikes killed 36 Syrian soldiers, seven Hezbollah fighters and a Syrian from a pro-Iran militia, according to the Syrian Observatory for Human Rights, a British-based group that tracks Syria’s civil war.

Israel’s military did not claim responsibility. But the country’s defense minister, Yoav Gallant, wrote on social media, “We will pursue Hezbollah every place it operates and we will expand the pressure and the pace of the attacks.”

Three days later, strikes on an Iranian Embassy building in Damascus killed three top Iranian commanders and four officers, an attack Iran blamed on Israel.

Matthew Mpoke Bigg contributed reporting.