Indian Constitution – historical underpinnings, evolution, features, amendments, significant provisions and basic structure

The Indian Constitution is the supreme law of India, and it lays down the framework demarcating the political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. Here is a detailed overview:

Historical Underpinnings

1. Ancient and Medieval Influences:
   • Ancient texts like the Arthashastra by Kautilya and the Manusmriti provided early concepts of governance and law.
   • The Maurya and Gupta empires, as well as the Mughal Empire, contributed to the administrative framework.
2. Colonial Period:
   • Regulating Act of 1773: The first step towards central administration in India.
   • Government of India Act 1858: Transferred control from the East India Company to the British Crown.
   • Indian Councils Act 1909 (Morley-Minto Reforms): Introduced a limited increase in the involvement of Indians in governance.
   • Government of India Act 1919 (Montagu-Chelmsford Reforms): Introduced diarchy in provincial governments.
   • Government of India Act 1935: Provided the blueprint for the current federal structure, including the division of powers between the Centre and states.

Evolution

1. Demand for a Constituent Assembly:
   • The demand was first articulated in 1934 by M.N. Roy.
   • The Indian National Congress also demanded a Constituent Assembly in 1936.
2. Formation of the Constituent Assembly:
   • Constituent Assembly formed in 1946 following the Cabinet Mission Plan.
   • Dr. B.R. Ambedkar was appointed the Chairman of the Drafting Committee.
3. Adoption:
   • The Constitution was adopted on 26th November 1949 and came into effect on 26th January 1950.

Features

1. Length and Detail:
   • One of the lengthiest constitutions in the world with 448 articles, 12 schedules, and numerous amendments.
2. Federal Structure with Unitary Bias:
   • A dual polity consisting of the Union at the centre and states at the periphery, but with a strong centralizing tendency.
3. Parliamentary System:
   • The President is the head of state, and the Prime Minister is the head of government.
4. Secularism:
   • Equal respect and recognition to all religions without endorsing any state religion.
5. Independent Judiciary:
   • Judiciary is independent of the executive and legislative branches, with the power of judicial review.
6. Fundamental Rights and Duties:
   • Part III of the Constitution guarantees fundamental rights, while Part IVA lists fundamental duties of the citizens.
7. Directive Principles of State Policy:
   • Guidelines for the creation of a social order characterized by social, economic, and political justice.

Amendments

1. Procedure:
   • Article 368 provides for three types of amendments: simple majority, special majority, and special majority with ratification by states.
2. Key Amendments:
   • First Amendment (1951): Added Ninth Schedule to protect land reforms and other laws from judicial review.
   • Seventh Amendment (1956): Reorganized states on linguistic lines.
   • Twenty-fourth Amendment (1971): Affirmed Parliament’s power to amend any part of the Constitution.
   • Forty-second Amendment (1976): Known as the "Mini-Constitution"; added the terms "socialist", "secular", and "integrity" to the Preamble, among other changes.
   • Forty-fourth Amendment (1978): Reversed many changes made by the Forty-second Amendment.
   • Seventy-third and Seventy-fourth Amendments (1992): Strengthened local self-governance through Panchayati Raj institutions and urban local bodies.
   • Eighty-sixth Amendment (2002): Made education a fundamental right for children aged 6 to 14 years.

Significant Provisions

1. Preamble:
   • Declares India to be a Sovereign, Socialist, Secular, Democratic Republic.
2. Fundamental Rights:
   • Right to Equality, Freedom, Against Exploitation, to Freedom of Religion, Cultural and Educational Rights, and Constitutional Remedies.
3. Directive Principles:
   • Aim to create social and economic conditions under which citizens can lead a good life.
4. Fundamental Duties:
   • Lists the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India.

Basic Structure Doctrine

1. Evolution:
   • The concept was established by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973).
   • The Court ruled that while Parliament has wide powers to amend the Constitution, it cannot alter the 'basic structure'.
2. Components:
   • Includes the supremacy of the Constitution, secularism, democracy, the rule of law, separation of powers, and the objectives specified in the Preamble, among others.