Origin of Indian Constitution - Salient and Special Features, Fundamental Rights, Legislature, Judiciary, Executive, Adult Franchise, Human Rights

1. Origin of the Indian Constitution

The Constitution of India is the supreme law of the country. Its origins are rooted in the history of India's struggle for independence from British rule and the subsequent need to establish a democratic republic. The journey began with various committees and commissions formed by the British government, which gradually introduced representative elements into governance.

1.1 Early Legislative Attempts and Constituent Assembly

The demand for a constitution framed by Indians themselves gained momentum in the early 20th century. The idea of a Constituent Assembly was first proposed by M.N. Roy in 1934 and later officially demanded by the Indian National Congress in 1935. The British government finally accepted this demand through the 'August Offer' in 1940 and later through the Cripps Mission in 1942, though these were not fully accepted by the Congress. The Constituent Assembly was finally constituted in November 1946 under the provisions of the Cabinet Mission Plan.

1.2 Composition and Working of the Constituent Assembly

The Constituent Assembly was indirectly elected by the elected members of the provincial legislative assemblies. It comprised 389 members, including representatives from princely states. Dr. Sachchidananda Sinha was the first temporary chairman, and Dr. Rajendra Prasad was elected as the permanent Chairman. The Assembly held its first meeting on December 9, 1946. It adopted the 'Objective Resolution' on January 22, 1947, which laid down the fundamental principles of the Constitution. The Assembly worked through various committees, the most important being the Drafting Committee, chaired by Dr. B.R. Ambedkar.

1.3 Drafting and Adoption of the Constitution

The Drafting Committee prepared the first draft of the Constitution in February 1948. After considerable discussion, debate, and amendments, the Constitution was finally adopted by the Constituent Assembly on November 26, 1949. This date is celebrated as Constitution Day. The Constitution came into effect on January 26, 1950, which is celebrated as Republic Day. This date was chosen because it was the anniversary of 'Purna Swaraj' declared by the Indian National Congress in 1930.

2. Salient and Special Features of the Indian Constitution

The Constitution of India is unique and has several distinctive features that set it apart from other constitutions around the world. These features reflect India's historical context, its diverse society, and its aspirations for a democratic and just future.

2.1 Lengthiest Written Constitution

The Indian Constitution is the longest written constitution of any sovereign country in the world. It originally contained 395 articles, 22 parts, and 8 schedules. Today, it has over 470 articles, divided into 25 parts, and 12 schedules, with numerous amendments. This comprehensiveness is due to the need to address the vast diversity and complexities of India, including specific provisions for different states and communities.

2.2 Drawn from Various Sources

The Constitution is often described as a "borrowed constitution" because its framers incorporated provisions from the constitutions of various other countries. Key influences include:

• Government of India Act, 1935: Federal scheme, office of the Governor, Public Service Commissions, administrative details.
• British Constitution: Parliamentary government, rule of law, legislative procedure, cabinet system, bicameralism.
• US Constitution: Fundamental rights, independence of the judiciary, judicial review, impeachment of the President, removal of Supreme Court and High Court judges.
• Irish Constitution: Directive Principles of State Policy, method of Presidential election, nomination of members by the President to the Rajya Sabha.
• Canadian Constitution: Federation with a strong Centre, appointment of Governors, advisory jurisdiction of the Supreme Court.
• Australian Constitution: Freedom of trade and commerce, concurrent list.
• Weimar Constitution (Germany): Emergency provisions.
• Soviet Union Constitution: Fundamental duties, ideals of justice (social, economic, and political) in the Preamble.
• French Constitution: Republic and ideals of liberty, equality, and fraternity in the Preamble.

2.3 Blend of Rigidity and Flexibility

The Indian Constitution is neither completely rigid nor completely flexible. Some provisions can be amended by a simple majority of Parliament (like ordinary laws), while others require a special majority (two-thirds present and voting, plus absolute majority of total membership), and some require a special majority plus ratification by half of the state legislatures. This balance allows for necessary changes without making the Constitution too easy to amend or too difficult to adapt.

2.4 Federal System with Unitary Bias

India has a federal system, characterized by a division of powers between the Union and the State governments. However, it leans towards a unitary system, with a strong Centre. This is evident in features like a single Constitution, single citizenship, integrated judiciary, appointment of Governors by the President, and the Centre's power to alter state boundaries. This "quasi-federal" nature was adopted to maintain national unity and integrity.

2.5 Parliamentary Form of Government

India has adopted a parliamentary system at the Union level, modelled on the British system. This means the executive (Council of Ministers) is responsible to the legislature (Lok Sabha). The President is the nominal head of state, while the Prime Minister is the real executive head. Ministers are drawn from the legislature and are collectively responsible to it.

2.6 Integrated and Independent Judiciary

The Constitution establishes an integrated judiciary, with the Supreme Court at the apex, followed by High Courts and subordinate courts. The judiciary is independent of the executive and legislature, ensuring impartial justice. It also has the power of judicial review, meaning it can declare any law unconstitutional if it violates the provisions of the Constitution.

2.7 Fundamental Rights

Part III of the Constitution guarantees six fundamental rights to all citizens, aiming to protect them from arbitrary state actions and promote individual liberty and equality. These are:

• Right to Equality (Articles 14-18)
• Right to Freedom (Articles 19-22)
• Right against Exploitation (Articles 23-24)
• Right to Freedom of Religion (Articles 25-28)
• Cultural and Educational Rights (Articles 29-30)
• Right to Constitutional Remedies (Article 32)

Initially, the Right to Property (Article 31) was also a fundamental right, but it was removed by the 44th Amendment Act, 1978, and made a legal right (Article 300A).

2.8 Directive Principles of State Policy (DPSP)

Part IV of the Constitution contains DPSP, which are guidelines for the government to establish a welfare state. These are not justiciable (cannot be enforced by courts) but are fundamental in the governance of the country. They aim to promote social and economic justice.

2.9 Fundamental Duties

Added by the 42nd Amendment Act, 1976, these are a set of 11 duties for citizens, emphasizing their responsibilities towards the nation, society, and fellow citizens. They are also non-justiciable.

2.10 Secular State

The Indian Constitution establishes India as a secular state, meaning the state has no official religion and treats all religions equally. Citizens have the freedom to practice, profess, and propagate any religion.

2.11 Universal Adult Franchise

The Constitution grants the right to vote to all adult citizens (above 18 years of age) without discrimination based on caste, creed, sex, or religion. This is a cornerstone of Indian democracy, ensuring political equality.

2.12 Single Citizenship

Unlike federal states like the US, which have dual citizenship (national and state), India has single citizenship. This means all citizens enjoy the same rights and privileges, irrespective of the state they reside in, fostering national unity.

2.13 Emergency Provisions

The Constitution includes detailed provisions for dealing with national emergencies (Article 352), state emergencies (President's Rule, Article 356), and financial emergencies (Article 360). These provisions empower the Union government to protect the country from internal and external threats.

3. Fundamental Rights

Fundamental Rights are the bedrock of the Indian Constitution, ensuring civil liberties and protecting citizens from arbitrary state actions. They are enshrined in Part III of the Constitution and are justiciable, meaning individuals can move the courts for their enforcement.

3.1 Right to Equality (Articles 14-18)

• Article 14: Equality before the law and equal protection of laws. The state shall not deny any person equality before the law or equal protection of the laws within the territory of India.
• Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
• Article 16: Equality of opportunity in matters of public employment.
• Article 17: Abolition of Untouchability. Practicing untouchability is an offence punishable by law.
• Article 18: Abolition of titles. No titles, except military and academic, shall be conferred by the State.

3.2 Right to Freedom (Articles 19-22)

• Article 19: Protection of certain rights regarding freedom of speech and expression, assembly, association, movement, residence, and profession. These rights are subject to reasonable restrictions.
• Article 20: Protection in respect of conviction for offences. No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the offence.
• Article 21: Protection of life and personal liberty. No person shall be deprived of his life or personal liberty except according to procedure established by law. This article also includes the right to privacy, right to live with dignity, etc.
• Article 21A: Right to Education. The State shall provide free and compulsory education to all children between the ages of 6 and 14 years. (Added by the 86th Amendment Act, 2002).
• Article 22: Protection against arrest and detention. Safeguards against arbitrary arrest and detention are provided.

3.3 Right against Exploitation (Articles 23-24)

• Article 23: Prohibition of traffic in human beings and forced labour.
• Article 24: Prohibition of employment of children in factories, mines, or other hazardous occupations. No child below the age of 14 years shall be employed in any hazardous employment.

3.4 Right to Freedom of Religion (Articles 25-28)

• Article 25: Freedom of conscience and free profession, practice, and propagation of religion.
• Article 26: Freedom to manage religious affairs.
• Article 27: Freedom as to payment of taxes for promotion of any particular religion.
• Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

3.5 Cultural and Educational Rights (Articles 29-30)

• Article 29: Protection of interests of minorities. Any section of citizens having a distinct language, script, or culture has the right to conserve the same.
• Article 30: Right of minorities to establish and administer educational institutions.

3.6 Right to Constitutional Remedies (Article 32)

This article is considered the 'heart and soul' of the Constitution by Dr. B.R. Ambedkar. It empowers individuals to move the Supreme Court (and High Courts under Article 226) for the enforcement of their fundamental rights by issuing writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

4. Legislature, Judiciary, and Executive

These three organs of the government are crucial for the functioning of a democratic state. The Indian Constitution establishes a system of governance where these organs operate with distinct functions and a system of checks and balances.

4.1 Legislature

The Legislature is responsible for making laws. In India, it is bicameral at the Union level, consisting of the Parliament. The Parliament comprises the President, the Lok Sabha (House of the People), and the Rajya Sabha (Council of States).

• Lok Sabha: The lower house, directly elected by the people on the basis of adult suffrage. Its members represent constituencies.
• Rajya Sabha: The upper house, indirectly elected by the elected members of the State Legislative Assemblies. It represents the states.

State legislatures can be unicameral or bicameral, depending on the state.

4.2 Executive

The Executive is responsible for implementing laws and administering the country. At the Union level, the executive consists of the President (nominal head), the Vice-President, the Prime Minister (head of government), the Council of Ministers, and the bureaucracy (civil services).

• President: Elected indirectly by an electoral college. Acts on the advice of the Council of Ministers.
• Prime Minister & Council of Ministers: Real executive authority, collectively responsible to the Lok Sabha.

At the state level, the executive consists of the Governor (nominal head), the Chief Minister (head of government), the Council of Ministers, and the state bureaucracy.

4.3 Judiciary

The Judiciary is responsible for interpreting laws and administering justice. It is an independent organ, designed to uphold the Constitution and protect the rights of citizens. The Indian judiciary is structured hierarchically:

• Supreme Court: The apex court of the country, located in Delhi. It has original, appellate, and advisory jurisdiction. It is the guardian of the Constitution.
• High Courts: One in each state or a common High Court for two or more states. They have original and appellate jurisdiction over cases within their states.
• Subordinate Courts: District courts and other lower courts that handle cases at the district and local levels.

The principle of separation of powers is followed, but with a system of checks and balances to prevent any single organ from becoming too powerful.

5. Adult Franchise

Article 326 of the Constitution provides for universal adult franchise as the basis of elections to both the Lok Sabha and the State Legislative Assemblies. This means that every citizen who is 18 years of age or above, irrespective of their caste, creed, sex, religion, or economic status, has the right to vote in elections.

5.1 Significance of Adult Franchise

Universal adult franchise is a cornerstone of Indian democracy. It upholds the principle of political equality and ensures that the government is formed by the will of the people. It empowers citizens and makes them active participants in the democratic process. It also promotes social inclusion by giving a voice to all sections of society.

5.2 Evolution of Voting Age

Initially, the voting age was 21 years. However, the 61st Constitutional Amendment Act, 1988, reduced the voting age from 21 years to 18 years. This significant reform aimed to bring more young people into the democratic process and reflect their growing maturity and stake in the country's future.

6. Human Rights

Human Rights are fundamental rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. They are universal, inalienable, and indivisible. The Indian Constitution, through its Fundamental Rights and Directive Principles, provides a strong framework for the protection of human rights.

6.1 Constitutional Provisions for Human Rights

• Fundamental Rights (Part III): Rights like the right to equality, freedom of speech and expression, right to life and personal liberty, freedom from exploitation, and freedom of religion directly protect various human rights.
• Directive Principles of State Policy (Part IV): These principles guide the state to promote social justice, economic well-being, and provide adequate means of livelihood, which are essential aspects of socio-economic human rights.
• Fundamental Duties (Part IVA): While not directly enforceable, they emphasize duties towards fellow citizens and society, indirectly promoting a rights-respecting environment.

6.2 Protection of Human Rights Act, 1993

To provide for the better protection of human rights and for the constitution of Commissions for the better protection of such rights and for matters connected therewith or incidental thereto, the Parliament enacted the Protection of Human Rights Act in 1993. This act led to the establishment of the National Human Rights Commission (NHRC) at the national level and State Human Rights Commissions (SHRCs) at the state level.

6.3 National Human Rights Commission (NHRC)

The NHRC is an autonomous body responsible for the protection and promotion of human rights. It inquires into complaints of human rights violations, either suo motu or on a petition presented to it by a victim or any person on his behalf. It can make recommendations to the government for compensation, prosecution, or other measures.

6.4 International Recognition

India is a signatory to several international human rights conventions, including the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR). These international commitments reinforce the domestic framework for human rights protection.