Indian Polity

1. British Rule Shaped India's Governance Framework

Various features of the Indian Constitution and polity have their roots in the British rule.

Legacy of British Administration. The British East India Company's rule, followed by the British Crown's direct governance, left an indelible mark on India's administrative and legal systems. The Regulating Act of 1773 marked the first attempt by the British government to control the Company's affairs, laying the groundwork for centralized administration. Subsequent acts, such as Pitt's India Act of 1784, further refined the governance structure, distinguishing between commercial and political functions.

Evolution of Centralization. The Charter Acts, particularly the Act of 1833, were pivotal in centralizing power, establishing the Governor-General of India and granting exclusive legislative powers. The Government of India Act of 1858, enacted after the Sepoy Mutiny, transferred powers to the British Crown, leading to the creation of the Viceroy and the Secretary of State for India. These developments shaped the administrative machinery that would later influence independent India's governance.

Seeds of Representation. The Indian Councils Act of 1861 initiated the association of Indians with the law-making process, marking a shift towards representative institutions. The Morley-Minto Reforms of 1909 introduced communal representation, while the Government of India Act of 1919 brought about dyarchy and direct elections. The Government of India Act of 1935 further expanded provincial autonomy and laid the foundation for the federal structure adopted in the Indian Constitution.

2. The Constitution's Genesis: A Deliberate Assembly

The demand was finally accepted in principle by the British Government in what is known as the ‘August Offer’ of 1940.

Demand for Self-Governance. The idea of a Constituent Assembly for India was first proposed by M.N. Roy in 1934, with the Indian National Congress officially demanding it in 1935. Jawaharlal Nehru declared in 1938 that free India's Constitution must be framed without external interference, elected on the basis of adult franchise. This demand was eventually accepted by the British Government in the August Offer of 1940.

Formation of the Assembly. The Constituent Assembly was constituted in November 1946 under the Cabinet Mission Plan, comprising 389 members, partly elected and partly nominated. Elections for the 296 seats allotted to British India were held in July-August 1946, with the Indian National Congress winning 208 seats and the Muslim League 73 seats.

Key Resolutions and Changes. The Assembly's first meeting was held on December 9, 1946, and Jawaharlal Nehru moved the historic 'Objectives Resolution' on December 13, 1946, laying down the fundamentals of the constitutional structure. The Indian Independence Act of 1947 made the Assembly a fully sovereign body, also serving as a legislative body. The Assembly ratified India's membership of the Commonwealth in May 1949 and adopted the national flag on July 22, 1947.

3. India's Constitution: A Synthesis of Global Wisdom

Dr. B.R. Ambedkar proudly acclaimed that the Constitution of India has been framed after ‘ransacking all the known Constitutions of the World’.

Borrowing from Global Sources. The Indian Constitution draws inspiration and provisions from various constitutions worldwide, including the Government of India Act of 1935, the American Constitution, the Irish Constitution, and others. The structural part is largely derived from the 1935 Act, while the philosophical part is inspired by the American and Irish Constitutions.

Key Influences. The Government of India Act, 1935, served as the most profound influence, contributing the Federal Scheme, Judiciary, Governors, Emergency Powers, and Public Service Commissions. The American Constitution inspired Fundamental Rights, independence of the judiciary, and judicial review, while the Irish Constitution influenced the Directive Principles of State Policy and the method of election of the president.

Synthesis and Adaptation. The Constitution of India is not merely a collection of borrowed features but a synthesis adapted to suit Indian conditions. The framers made necessary modifications to the borrowed features, avoiding their faults and accommodating the country's unique needs. This approach ensured the Constitution's relevance and effectiveness in the Indian context.

4. The Preamble: India's Aspirations Defined

N.A. Palkhivala, an eminent jurist and constitutional expert, called the Preamble as the ‘identity card of the Constitution.’

Essence of the Constitution. The Preamble serves as an introduction to the Constitution, encapsulating its summary and essence. Based on the 'Objectives Resolution' by Pandit Nehru, it declares India to be a Sovereign Socialist Secular Democratic Republic and outlines the objectives of justice, liberty, equality, and fraternity.

Key Components. The Preamble reveals four key components: the source of authority of the Constitution (the people of India), the nature of the Indian State (sovereign, socialist, secular, democratic, and republican), the objectives of the Constitution (justice, liberty, equality, and fraternity), and the date of adoption (November 26, 1949).

Core Values. The Preamble embodies the fundamental values and philosophy on which the Constitution is based, reflecting the dreams and aspirations of the founding fathers. It secures to all citizens of India justice, liberty, and equality, and promotes fraternity, assuring the dignity of the individual and the unity and integrity of the Nation.

5. India's Territory: Unity Amidst Diversity

The country is an integral whole and divided into different states only for the convenience of administration.

Defining India's Territory. Article 1 describes India as a 'Union of States,' emphasizing that the Indian Federation is not the result of an agreement by the states and that no state has the right to secede. The territory of India includes the territories of the states, union territories, and territories that may be acquired by the Government of India.

Parliament's Power to Reorganize. Article 3 authorizes the Parliament to form new states, increase or diminish the area of any state, alter the boundaries, and change the name of any state. This power is subject to the President's recommendation and consultation with the state legislature concerned.

Territorial Integrity. The Constitution authorizes the Parliament to form new states or alter existing states without their consent, making India 'an indestructible union of destructible states.' This contrasts with the USA, where the territorial integrity of a state is guaranteed by the Constitution.

6. Citizenship: Defining Who Belongs

They enjoy all civil and political rights.

Rights and Duties of Citizens. Citizenship in India confers full membership in the Indian State, entailing allegiance and the enjoyment of civil and political rights. Aliens, on the other hand, do not enjoy all these rights. The Constitution guarantees certain fundamental rights to citizens, such as the right against discrimination, equality of opportunity in public employment, and freedom of speech and expression.

Constitutional Provisions. The Constitution deals with citizenship from Articles 5 to 11 under Part II, identifying those who became citizens of India at its commencement on January 26, 1950. It empowers the Parliament to enact laws regarding the acquisition and loss of citizenship, leading to the Citizenship Act, 1955.

Acquisition and Loss of Citizenship. The Citizenship Act of 1955 prescribes five ways of acquiring citizenship: birth, descent, registration, naturalization, and incorporation of territory. It also outlines three ways of losing citizenship: renunciation, termination, and deprivation.

7. Fundamental Rights: Cornerstones of Liberty

The Fundamental Rights are meant for promoting the idea of political democracy.

Guaranteed Freedoms. The Fundamental Rights, enshrined in Part III of the Indian Constitution, guarantee six essential rights to all citizens: equality, freedom, freedom against exploitation, freedom of religion, cultural and educational rights, and constitutional remedies. These rights promote political democracy and protect individual liberties against state tyranny.

Limitations and Exceptions. While fundamental, these rights are not absolute and are subject to reasonable restrictions. They can be curtailed or repealed by the Parliament through a Constitutional Amendment Act and suspended during a National Emergency, except for the rights guaranteed by Articles 20 and 21.

Judicial Enforcement. The Fundamental Rights are justiciable, meaning they are enforceable by the courts. Aggrieved individuals can directly approach the Supreme Court, which can issue writs like habeas corpus, mandamus, prohibition, certiorari, and quo warranto to restore their rights.

8. Directive Principles: Guiding Socio-Economic Progress

According to Dr. B.R. Ambedkar, the Directive Principles of State Policy is a ‘novel feature’ of the Indian Constitution.

Principles for Governance. The Directive Principles of State Policy, outlined in Part IV of the Constitution, are guidelines for the State to follow in making laws and policies. These principles, inspired by the Irish Constitution, aim to establish social and economic democracy and a 'welfare state' in India.

Classification and Implementation. The Directive Principles are classified into socialistic, Gandhian, and liberal-intellectual categories. Unlike Fundamental Rights, they are non-justiciable, meaning they are not enforceable by the courts. However, they impose a moral obligation on the state to apply these principles in governance.

Balance with Fundamental Rights. The Supreme Court has emphasized the importance of balancing Fundamental Rights and Directive Principles. While Fundamental Rights protect individual liberties, Directive Principles guide the State in promoting social and economic justice.

9. Fundamental Duties: Citizen's Obligations

The fundamental duties serve as a reminder to citizens that while enjoying their rights, they have also to be quite conscious of duties they owe to their country, their society and to their fellow-citizens.

Added Responsibilities. The Fundamental Duties, added to the Constitution by the 42nd Amendment Act of 1976, outline the obligations of citizens towards their country and society. These duties include respecting the Constitution, national flag, and national anthem, protecting the sovereignty, unity, and integrity of the country, and promoting the spirit of common brotherhood.

Non-Justiciable Nature. Like the Directive Principles, the Fundamental Duties are non-justiciable, meaning they are not enforceable by the courts. However, they serve as a moral compass for citizens, reminding them of their responsibilities while enjoying their rights.

Significance and Reminder. The fundamental duties serve as a reminder to citizens that while enjoying their rights, they have also to be quite conscious of duties they owe to their country, their society and to their fellow-citizens. However, like the Directive Principles, the duties are also non-justiciable in nature.

10. Amending the Constitution: A Balance of Rigidity and Flexibility

The Constitution of India is neither rigid nor flexible, but a synthesis of both.

Amendment Procedures. Article 368 provides for two types of amendments: some provisions can be amended by a special majority of the Parliament, while others require a special majority and ratification by half of the total states. Some provisions can be amended by a simple majority of the Parliament, without coming under Article 368.

Types of Amendments. The Constitution can be amended in three ways: by a simple majority of the Parliament, by a special majority of the Parliament, and by a special majority of the Parliament with the ratification of half of the state legislatures.

Criticisms and Balance. Critics have pointed out the absence of a special body for amendment and the dominance of the Parliament in initiating amendments. However, the procedure strikes a balance between flexibility and rigidity, allowing the Constitution to adapt to changing needs while maintaining its fundamental principles.

11. Basic Structure: The Unalterable Foundation

Elements of the Basic Structure.

Emergence of the Doctrine. The doctrine of basic structure emerged from the Kesavananda Bharati case (1973), where the Supreme Court ruled that the Parliament's power to amend the Constitution does not extend to altering its basic structure. This doctrine limits the Parliament's amending power, ensuring that the fundamental principles of the Constitution remain intact.

Key Elements. The 'basic structure' includes the supremacy of the Constitution, the sovereign, democratic, and republican nature of the Indian polity, the secular character of the Constitution, separation of powers, federalism, unity and integrity of the nation, welfare state, judicial review, and fundamental rights.

Judicial Review and Limitations. The Supreme Court's power of judicial review is a crucial component of the basic structure, allowing it to strike down amendments that violate fundamental principles. This ensures that the Constitution remains a living document, adapting to changing times while preserving its core values.

Last updated: April 8, 2025