Evolution of the Indian Constitution

Introduction

Prior to drafting the Indian constitution, the people who came together for this purpose were aware of the country’s condition and problems and thus considered it wise to borrow the provisions of laws and legal documents framed previously by the British. By far, the most crucial document in the evolution of the Indian Constitution is the Indian Independence Act of 1947. However, the following legal documents and provisions within them have also been used to frame and prepare the constitution as we know it.

The British Influence

Before India achieved independence, British rule could broadly be classified into two periods:

• The Company Rule from 1773 to 1858
• The Crown Rule from 1858 till independence in 1947

The evolution of the Indian Constitution adopted certain elements of legal provisions of British administrative rules from the aforementioned periods. These included the Regulating Act 1773, Pitts Act India 1784, Charter Acts of 1813, 1833, and 1853, and lastly, the Government of India Act 1858.

Indian Influence over Existing British Procedures

In the mid 18th to 19th century, the following laws and acts served as a foundation to the evolution of the Indian Constitution:

1. The Indian Councils Acts 1861 and 1892. The latter was a significant influence over our present-day constitution. It expanded the legislative councils that existed then and gave the council the power to discuss budgets and question the executive.
2. The Indian Council Act of 1909–known as the Morley-Minto Reforms of 1909. This was also significant as it allowed for direct elections to the legislative council, thereby increasing the number of members in this council from 16 to 60. For the first time, an Indian (Satyendra Prasad Sinha) was made a member of the Viceroy’s Executive Council.
3. Montagu-Chelmsford Reforms, 1919. As part of this act, a dual-body legislature was introduced in the centre for the first time. This went on to become our Lok Sabha and Rajya Sabha. This act also made provisions for a public service commission in India.
4. Government of India Act, 1935. This is an important act as it continued until our Indian constitution replaced it. It’s important provisions included the creation of a federal court and abolishing the Indian Council.
5. Indian Independence Act, 1947. The most important law in the evolution of the Indian Constitution, this act declared India a free and sovereign country, meaning a self-governed country not ruled by any other foreign state or country. This act was also influential in setting up governments at state and central levels.

Immediate Foreground of the Evolution of the Indian Constitution

Unprecedented in Indian history, an All-Party Conference was held in 1928 in Lucknow. Its purpose was to prepare the constitution as it is currently known. It was then called the Nehru Report.

Although India received independence in August 1947, we continued to remain a dominion of the British until 26th January 1950, when the constitution became effective for our country. During this time, several princely states needed to sign articles of integration with India. Following this, the Government of India Act of 1935 and the Indian Independence Act of 1947 were repealed (the legal term for cancelled or nullified) and the constitution was formally adopted and enforced.

Brief Timeline (19th century onwards) of the Formation of the Constitution of India

• The constitution of India was drafted by members of the Constituent Assembly formed on 6th December 1946. Its first meeting was held on 9th December, and Sachchidananda Sinha was its temporary president.
• This Constituent Assembly appointed Rajendra Sinha as its president on 11th December the same year. On 13th December, Jawaharlal Nehru presented an “Objective Resolution” which went on to become the preamble to the constitution. This “Objective Resolution” was adopted without any opposition on 22nd January 1947 and it established the principles of the constitution as it is currently known.
• On 29th August 1947, the drafting committee of the constitution was appointed with Dr B. R. Ambedkar as chairman.
• On 26th November 1949, the Constitution of India Act was formally passed and adopted.
• It finally came into force on 26th January 1950.

Important Leadership in Drafting the Constitution:

The chief architect of the Indian Constitution is Dr B.R. Ambedkar. The six other members of the Drafting Committee were N. Gopalaswami Ayyangar, K.M. Munshi, Syyed Muhammed Saadulah, Alladi Krishnaswami Iyer, N Madhava Rau, and D.P. Khaitan.

Conclusion

The evolution of the Indian Constitution has roots in the earlier administrative laws and provisions of British rule. However, it was essentially great Indian leaders like Jawaharlal Nehru and Dr B.R. Ambedkar, among others, who came together to draft the constitution. At the time of its formation, it had 395 articles, 8 schedules, and 22 parts. It has since been amended numerous times.