Source, Historical Background, and Making of Indian Constitution

The Indian Constitution is a very important document in India. It is the source of supreme law in the country. The Constitution was made by the Constituent Assembly. It was adopted in 1949 and was implemented in 1950. The implementation of the Constitution marked the official ending of British dominion over India after which the country was declared free, sovereign, and a democracy. It’s a written constitution and was created in the backdrop of the country attaining its freedom at the cost of religious divide and disharmony. The Partition of India and the creation of Pakistan was the historical context. 

Constitution

The Constitution is the source of fundamental rights and regulations that protect and safeguard the security of Indian citizens. Republic Day in India is celebrated to commemorate the implementation of the Constitution on the 26th of January, 1950. A constitution is a body of laws and regulations that direct and inform the government of a country. There are different kinds of constitutions all over the world which include:

• Codified constitution
• Uncodified Constitution
• Republican Constitution
• Flexible Constitution
• Monarchical Constitution
• Inflexible Constitution
• Unitary Constitution
• Federal Constitution
• Parliamentary Constitution
• Unitary Constitution
• Legal Constitution
• Political Constitution

From these types of constitutions, a country’s constitution can reflect one, two, or more of these characteristics at the same time. India’s constitution is a mix of codified. Flexible, republican, unitary, federal constitution. The sources of the Indian constitution are also varied and not based on a singular pool of knowledge. 

Sources of Indian Constitution

The sources of Indian Constitution include:

• The Government of India Act, 1935
• United Kingdom’s uncodified Constitution 
• Ireland
• The United States of America
• Australia
• Canada
• France
• Germany and South Africa
• Japan
• Russia

The Act of 1935 gave the Constitution concepts of the federal scheme, judiciary, Public Services, Emergency provisions, and Governor’s office. The sources of Japan gave Indian constitution Law procedures, Germany was the source for Union’s emergency powers and suspension of Rights during the Emergency time. Russia was the source for ideas about political, social, and economic justice that is mentioned in the Preamble as well as the fundamental duties. Amendment procedure and Rajya Sabha election were taken from South Africa. Ideals of liberty, fraternity, and equality were derived from the French source. A concurrent list and trade-related rules and regulations were drawn from Australia. The election method for President and Directive principles were adopted from the Irish constitution. Canadian constitution was the source of the quasi-federal structure of the constitution. Other sections were derived from British and American sources.

Historical Background of Indian Constitution

The historical background of Indian Constitution was that it was created from 1928-to 1950. The main activity of creating the constitution started in 1946 and continued through the Partition of India. People like B. R. Ambedkar, B. N. Rau, Rajendra Prasad, Sachchidananda Sinha, H.C. Mookerjee, V.T. Krishnamachari, and many eminent political leaders of that time were involved in the creation of the constitution. It was largely drafted under the Cabinet Mission process. 

Making of Indian Constitution

The making of the Indian Constitution was a historical process. The Constituent Assembly created the constitution over 165 days, through 11 sessions, and took almost 3 years (1946-1950) to complete. There were originally 389 members but after Partition, there were 299 members.  

Conclusion

The makers of the Indian Constitution were aware of the pluralistic nature of our society and were eager to bring together different points of view and legal systems to best address the diversity. That is why the sources of the Indian constitution are varied.