Evolution of the Indian Constitution | Historical Underpinnings

INTRODUCTION

The evolution of the Indian Constitution refers to the historical development and changes in India’s legal and political framework. It began during British colonial rule with laws like the Regulating Act of 1773, which laid the foundation for constitutional governance. Significant reforms, including the Government of India Acts of 1919 and 1935, further shaped its evolution. After gaining independence, the drafting of the Constitution by the Constituent Assembly in 1946 marked the culmination of these efforts. On January 26, 1950, India adopted its Constitution, establishing the nation as a democratic republic.

What is the Constitution?

The Constitution is a fundamental set of principles or established precedents according to which a state or organization is governed. It defines the structure of government, the distribution of powers among its different branches, and the rights and duties of citizens.

What is the Constitutional law?

Constitutional law is the body of law governing the interpretation, implementation, and operation of a constitution. It establishes the framework for creating and enforcing laws within a country or organization. It also regulates the relationship between different branches of government and between the government and its citizens.

Beginning of British Rule (1765-1858)

The period from 1765 to 1858 marked the foundation of British rule in India, starting with the British East India Company gaining control over Bengal after the Battle of Buxar in 1764. The Mughal Emperor granted the company “Diwani” rights, giving them control over revenue collection and governance in Bengal, Bihar, and Orissa.

 Beginning of British Rule (1765-1858) – Acts Introduced

1. Regulating Act (1773)

• Established British parliamentary control over the East India Company.
• I created the position of governor-general of Bengal and set up a council to assist with governance.
• Warren Hastings became the first Governor-General of Bengal.
• The Supreme Court was established at Fort William (Calcutta) as the Apex Court in 1774.

 

2. Pitt’s India Act (1784)

• Strengthened parliamentary oversight by creating the Board of Control.
• Divided company responsibilities between political and commercial functions.
• 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
• Governor’s councils were established in Madras and Bombay.

3. Charter Act (1793)

• Renewed the East India Company’s charter for another 20 years.
• Allowed the company to continue its trade monopoly in India.
• Ended the monopoly of the East India Company in trade, except for tea and trade with China.
• Allowed Christian missionaries to work in India.

 

5. Charter Act (1833)

• Centralized British power by making the Governor-General of Bengal the Governor-General of India.
• The First Governor-General of India was Lord William Bentick.
• The Act ended the activities of the East India Company as a commercial body and made it a purely administrative body.

6. Charter Act (1853)

• Introduced competitive examinations for the Indian Civil Service.
• First law to separate legislative and executive functions of the Governor-General’s Council.

 

End of British Company Rule (1858-1909) –

Government of India Act (1858)

• • Ended the rule of the East India Company after the Revolt of 1857.
  • Transferred control of Indian territories to the British Crown, with a Secretary of State for India.
  • Established the office of the Viceroy to represent the Crown in India. 
  • Lord Canning was the first Viceroy of India.
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Indian Councils Act (1861)

• Expanded the executive councils of the Governor-General and gave Indians a limited role in legislation.
• Allowed the establishment of legislative councils in provinces.

Indian Councils Act (1892)

• • Increased the number of members in legislative councils.
  • Allowed indirect elections, where local bodies could send representatives to legislative councils.
  • Introduced limited discussion of the budget and public matters in the councils.

Indian Councils Act (1909) (Morley-Minto Reforms)

• • Introduced separate electorates for Muslims, allowing them to elect their representatives.
  • Increased Indian participation in the legislative process.
  • Expanded legislative councils at the central and provincial levels.
• 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
• Indians for the first time in the Viceroy’s executive council. (Satyendra Prasanna Sinha, as the law member)

 The Era of Self-Government (1919-1947)

Government of India Act (1919) (Montagu-Chelmsford Reforms)

• • Introduced dyarchy (dual governance) at the provincial level, dividing subjects into “transferred” (under Indian ministers) and “reserved” (under British officials).
  • Expanded legislative councils and allowed Indians a larger role in governance.
  • Marked the beginning of limited self-governance, laying the groundwork for future reforms.
• The Act introduced, for the first time, bicameralism at the canter.
• The Legislative Assembly has 140 members, and the Legislative Council has 60 members. And Direct elections.
• The Act also required that three of the six members of the Viceroy’s Executive Council (other than the Commander-in-Chief) were to be Indians.
• Provided for the establishment of the Public Service Commission.

Rowlatt Act (1919)

• It gave the British government emergency powers to arrest and imprison people without trial for suspected revolutionary activities.
• It was seen as a betrayal after the hopes of self-rule, leading to widespread protests and the Jallianwala Bagh Massacre (1919), a moment that deeply wounded Indian hearts and sparked the freedom movement.

Government of India Act (1935)

• The largest constitutional reform aimed to appease growing unrest. It replaced dyarchy with provincial autonomy, giving Indians more control in the provinces.
• Three Lists: The Act divided the powers between the Centre and the units into items on three lists: 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.
• It introduced a federal structure but was never fully implemented due to opposition from princely states.
• Reserved significant powers for the British Crown, leaving Indians with limited control over the defence, foreign affairs, and finance. Despite this, it was a stepping stone, raising hopes of true freedom.
• 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 (1947)

• The final Act in India’s long struggle for self-rule.
• Ended British rule and partitioned India into two independent dominions, India and Pakistan, fulfilling the dream of freedom but with deep sorrow due to the violent division of the country.
• Granted full sovereignty to both nations, marking the birth of independent India after centuries of colonial dominance.

Constituent Assembly of India: Shaping the Destiny of a Nation

India’s Constituent Assembly story is one of vision, perseverance, and collective will to build a nation. After centuries of colonial rule, the Assembly was the beacon of hope, gathering the brightest minds to draft a Constitution embodying the ideals of justice, equality, and freedom. Here’s a detailed look into its journey:

1. Composition of the Constituent Assembly

Formation under British Rule: The Constituent Assembly was established under the Cabinet Mission Plan 1946. It was a monumental step, as it aimed to give Indians the power to draft their Constitution.

Members: The Assembly originally consisted of 389 members, later reduced to 299 after the Partition. They came from all walks of life—lawyers, scholars, freedom fighters, and social reformers—united by a common purpose. The Assembly had 93 Scheduled Caste members, and women like Sarojini Naidu and Hansa Mehta were also members, representing the voice of women.

Representation: Though elected indirectly by provincial legislatures, the Assembly was still inclusive, representing various sections of Indian society. However, it had flaws, as many princely states and political parties like the Muslim League chose not to participate initially.

2. Working of the Constituent Assembly

• Sessions: The Assembly held its first session on December 9, 1946. Dr Sachidanand Sinha was appointed provisional chairman, but later, Dr Rajendra Prasad took over as the permanent President. The Assembly met for almost three years, with 11 sessions and 165 days spent drafting the Constitution.
• Debates: The debates in the Assembly were filled with passion and deep ideological clashes. Some members called for an intense centre, while others fought for more autonomy for the states. Every word and every clause was debated with a sense of responsibility towards the future of a free India.
• Inclusivity and Democracy: The Constituent Assembly’s democratic ethos set it apart. Every opinion mattered. The Assembly reflected the core value of democracy—even when disagreements arose, they were resolved with mutual respect.

3. Objective Resolution: The Soul of the Constitution

• Proposed by Jawaharlal Nehru: On December 13, 1946, Jawaharlal Nehru moved the Objective Resolution, which outlined the Constitution’s fundamental goals and aspirations. It proclaimed India a sovereign republic, aiming to ensure justice, liberty, equality, and fraternity for all its citizens.
• Foundation of the Preamble: This resolution eventually became the guiding light for framing the Preamble. It was the heart and soul of the Indian Constitution, resonating with the ideals of the freedom struggle.

4. Committees of the Constituent Assembly

• Drafting Committee: The most crucial was the Drafting Committee, chaired by the legendary Dr. B.R. Ambedkar. Tasked with the daunting responsibility of compiling all discussions, debates, and suggestions into a coherent document, the committee worked tirelessly. Dr Ambedkar’s role was instrumental—he is rightly remembered as the architect of the Indian Constitution.
• Other Committees: There were 22 other important committees, including the Union Constitution Committee, chaired by Nehru, and the Provincial Constitution Committee, led by Vallabhbhai Patel. These committees handled various aspects, such as Fundamental Rights, State Reorganization, Minority Rights, and more.
• Each Committee’s Contribution: Every committee brought diverse perspectives and played a pivotal role in shaping specific areas of the Constitution—from safeguarding minority rights to laying down governance principles.

5. Enactment and Enforcement of the Constitution

• Adoption: After nearly three years of intense deliberation, the final draft was presented to the Assembly on November 26, 1949. The Constitution was adopted with overwhelming support, marking a historic moment for India. That day, we celebrated the birth of a document that would guide the destiny of a nation.
• Enforcement: The Constitution came into force on January 26, 1950, a day chosen to commemorate the declaration of Purna Swaraj (complete independence) in 1930. From that day, India transformed from a dominion to a sovereign democratic republic. The day became our Republic Day—a day filled with ride and promise.
• The Longest Constitution: India’s Constitution, with its 395 Articles and 12 Schedules, was the longest in the world. It reflected the complexity and diversity of Indian society. The drafters ensured it could evolve with time, which is why it includes provisions for amendments.

6. Criticism of the Constituent Assembly

• Lack of Direct Elections: One of the most pointed criticisms was that the assembly members were not directly elected by the people but chosen by provincial legislatures. This led to questions about its actual representativeness.
• Minority Representation: Although efforts were made to include minority voices, many felt that the Assembly didn’t adequately represent some religious and social groups, especially after the Muslim League’s exit following Partition.
• Time Taken: The three-year time frame to draft the Constitution was seen as excessive by some critics, although, in retrospect, the time allowed for deep and meaningful discussions, which enriched the final document.
• Dependency on Colonial Influence: Some critics argued that the Constitution was too heavily influenced by colonial laws and Western models, leaving less room for indigenous governance systems.

The Framing of India’s New Constitution (1947-1950): A Journey of Vision and Dedication

The period between 1947 and 1950 was a time of transformation for India—a country that had just won its hard-fought freedom. The task ahead was monumental: to build a Constitution that would guide this diverse nation, protect the rights of its people, and lay the foundation for a democratic future. The framing of the Constitution was not just a legal exercise—it was a deep emotional commitment to shaping the destiny of millions. Here’s a detailed look at this historic process:

1. The Beginning of a New Era (1947)

• India’s Independence: On August 15, 1947, India gained independence from British rule. But freedom was only the beginning. The newly formed nation needed a framework to function—a guiding document that would embody its people’s aspirations.
• Formation of the Constituent Assembly: The Constituent Assembly was established in December 1946 under the Cabinet Mission Plan, even before India became free. This body, composed of 389 members (later reduced to 299 due to Partition), was entrusted with drafting the new Constitution.
• First Meeting: The Assembly first met on December 9, 1946. At this session, Dr. Sachidanand Sinha was elected as the interim President. The Assembly later chose Dr. Rajendra Prasad as its permanent chairman.

2. The Drafting Process

• Dr. B.R. Ambedkar: The Architect: The Drafting Committee, formed on August 29, 1947, was responsible for drafting the Constitution. Dr. B.R. Ambedkar was appointed chairman. His deep law knowledge and commitment to social justice made him the perfect leader for this task. Under his guidance, the committee carefully crafted a document to secure equality and dignity for all citizens.
• Key Contributors: Along with Ambedkar, figures like Jawaharlal Nehru, Sardar Patel, Alladi Krishnaswamy Iyer, and K.M. Munshi played significant roles. Each brought a unique perspective, shaped by their experiences in the freedom struggle and their vision for India’s future.

3. Objective Resolution: A Vision for India

• Nehru’s Historic Speech: On December 13, 1946, Jawaharlal Nehru introduced the Objective Resolution in the Assembly. This was a decisive and emotional moment. The resolution laid out the key principles the Constitution would embody—sovereignty, social, economic, and political justice, liberty of thought, expression, belief, and equality for all.
• Foundation of the Preamble: The ideals enshrined in the Objective Resolution became the foundation for the Preamble of the Constitution. It captured the dream of building an India where everyone would have equal rights and justice would be accessible.

4. The Role of Committees in Shaping the Constitution

• 22 Committees for a Diverse Nation: The Constituent Assembly formed 22 committees to focus on governance, fundamental rights, and social issues. Each committee played a crucial role in ensuring that the Constitution addressed every need and challenge of the new nation.
• Drafting Committee’s Herculean Task: The Drafting Committee, in particular, had the monumental task of collating all suggestions and discussions into one coherent document. Every clause was carefully debated, revised, and restructured to ensure it aligned with the vision of a free, just, and democratic India.
• Fundamental Rights and Directive Principles: Committees dedicated to Fundamental Rights and the Directive Principles of State Policy guaranteed individual freedoms while ensuring that the state worked toward the welfare of its citizens.

5. The Final Draft and Debate

• Completion of the Draft: After years of intense debates and discussions, the Constitution’s final draft was prepared and presented to the Assembly on November 4, 1948. For almost a year, from November 1948 to October 1949, the Assembly deliberated over this draft, clause by clause. It was a long and emotional journey, with each section of the Constitution scrutinized to ensure that it upheld the values of democracy and social justice.
• Final Adoption: On November 26, 1949, the Constituent Assembly adopted the Constitution of India. In his closing speech, Dr Rajendra Prasad emotionally acknowledged the hard work of all members and their collective will to build a new India. This day is celebrated as Constitution Day in India.
• Enforcement of the Constitution: The Constitution officially came into force on January 26, 1950. The date was chosen to honour the day in 1930 when the Indian National Congress declared Purna Swaraj (complete independence). India became a republic, with Dr Rajendra Prasad sworn in as the first President.

6. Significance of the Constitution

• The Longest Written Constitution: India’s Constitution is the longest written in the world, with 395 articles and 12 schedules. It reflects India’s vast diversity and complexity, ensuring that every region, language, and community finds representation.
• A Living Document: One of the Constitution’s greatest strengths is its flexibility. While rooted in core principles like liberty, equality, and justice, it provides room for Amendment, allowing it to evolve as India changes and grows.
• A Vision for Social Justice: At the heart of the Constitution was the desire to uplift marginalized communities. Provisions like reservations for Scheduled Castes and Scheduled Tribes, as well as special protections for minorities, were included to ensure that every Indian, regardless of their background, could rise and thrive in free India.

7. Criticism and Challenges

• Lack of Direct Representation: One criticism of the Constituent Assembly was that its members were not directly elected by the people but chosen by provincial legislatures. However, this was more necessary as India emerged from colonial rule.
• Influence of Western Models: Some critics argued that the Constitution relied too heavily on Western governance models, especially British legal frameworks. They believed that more indigenous ideas could have been included. However, the framers ensured that the Constitution was adapted to India’s unique cultural and social realities.
• Balancing Unity and Diversity: Another challenge was ensuring that the Constitution struck the right balance between the central government’s power and the states‘ autonomy. India was a vast, diverse nation, and managing this balance was crucial for its stability.

Evolution of the Indian Constitution: A Living Document of Hope and Justice

The Indian Constitution, adopted in 1949, has undergone a remarkable journey of evolution, adapting to the changing needs of a vast and diverse society. Its story is about vision, struggle, adaptation, and resilience—rooted in freedom, equality, and justice. Let’s look at the key phases of its evolution:

1. The Foundations: Framing of the Constitution (1946-1950)

• The journey began with the Constituent Assembly, a body of thinkers, leaders, and visionaries who understood the challenges facing a newly independent nation. Led by Dr. B.R. Ambedkar, the Assembly carefully crafted the Constitution to balance individual rights with collective welfare and unity with diversity. The Constitution was born with the spirit of safeguarding democracy, ensuring justice, and promoting social equality.

2. Early Amendments and Challenges (1950-1970s)

• The first few decades of independent India saw rapid changes, and the Constitution was amended multiple times to keep pace. Landmark amendments like the First Amendment (1951) allowed the state to make laws that uplift the poor and marginalized while balancing the right to free speech. The Constitution’s flexibility was tested in moments like the Kesavananda Bharati case in 1973, which established the “basic structure doctrine”—ensuring that while the Constitution could evolve, its fundamental principles would remain untouched.

3. Emergency and Its Impact (1975-1977)

• The Emergency imposed by Indira Gandhi’s government from 1975 to 1977 was one of the darkest periods in India’s constitutional history. During this time, fundamental rights were suspended, and the Constitution was amended to threaten democratic norms. However, the resilience of Indian democracy emerged stronger after the Emergency, as the 44th Amendment Act of 1978 sought to restore and protect civil liberties, emphasizing that no government could erode the core values of the Constitution.

4. Social Justice and Empowerment (1980s-1990s)

The Constitution evolved to promote social justice, particularly through amendments that expanded the scope of reservations for Scheduled Castes, Scheduled Tribes, and Other Backward Classes (OBCs). The 73rd and 74th Amendments in 1992 gave constitutional status to Panchayati Raj Institutions, empowering local governance and bringing democracy to the grassroots level.

The Mandal Commission’s implementation in 1990 marked a significant moment for the Constitution’s commitment to social equity. Despite protests, this move reflected the Constitution’s evolving promise to uplift marginalized sections of society.

5. Globalization and Modernization (2000s)

As India opened its economy in the 1990s and 2000s, the Constitution had to balance economic liberalization with rights protection. The 86th Amendment (2002) made free and compulsory education a fundamental right, reinforcing the commitment to equitable development.

The Information Age also called for new laws and constitutional interpretations, especially concerning privacy and freedom of speech. In 2017, the Supreme Court’s landmark judgment on the right to privacy as a fundamental right showcased how the Constitution evolved to protect citizens in the digital era.

6. Recent Developments and Future Directions

• In recent years, the Constitution has faced new challenges—ranging from debates around secularism, freedom of expression, and the scope of fundamental rights to issues of federalism and autonomy (such as the abrogation of Article 370 in 2019). The courts and the people of India continue to test the Constitution’s ability to mediate between tradition and modernity, freedom and security, unity and diversity.

 

Conclusion

The Indian Constitution has evolved into a living, breathing document that has withstood the test of time and change. From its inception rooted in the values of democracy, justice, and social welfare to its amendments and reinterpretations in response to new challenges, it remains the foundation of India’s vibrant democracy.

 

 

 

 

 

The evolution of the Constitution will continue. It must strike a delicate balance between progress and tradition, individual rights and national interests, and social justice and economic growth. As India marches ahead, its Constitution will not just be a set of laws—it will remain the guiding light, shaping a future where liberty, equality, and justice endure for every citizen.