BPSC 102

Evolution of the Indian Constitution 1858-1935

The evolution of the Indian Constitution from 1858 to 1935 unfolded under British colonial rule, marked by a series
of acts that introduced governance structures primarily to serve colonial interests rather than foster genuine
democratic rights. This period laid critical foundations for India's eventual constitutional framework.

Colonial Legislative Framework

The process began with the Government of India Act, 1858, which transferred power from the East India
Company to the British Crown. It established a centralized governance structure in British India provinces, with all
powers vested in the Secretary of State for India, assisted by a council, while princely states retained
decentralized autonomy under British oversight. No separation of powers existed, concentrating authority in the
Crown's representative.
The Council of India Act, 1909, introduced a limited "representative element" with elected non-official members
and separate representation for Muslims, reflecting colonial strategies of control. The Government of India Act,
1919, devolved some authority to provinces, dividing subjects into "transferred" (governed by the governor) and
"reserved" (under legislative control), though central dominance persisted.
The Government of India Act, 1935, was a pivotal development. Unlike earlier unitary acts, it granted provincial
autonomy and proposed a federal structure with three lists—federal, concurrent, and provincial—for power
division. It included a federal court and "safeguards" for minorities, such as separate representations for Muslims,
Sikhs, and others. However, the federal government failed to form due to princely states' reluctance, though the
act significantly influenced the Indian Constitution.

Indian Initiative: The Nehru Report

Amidst colonial reforms, the Nehru Report (1928) emerged as the first Indian-led constitutional effort. Chaired by
Motilal Nehru, it demanded universal suffrage, responsible government at the center and provinces, and outlined
fundamental rights and subject lists. While advocating Dominion Status rather than full independence, it signaled
growing Indian aspirations, reinforced by the Indian National Congress's 1934 demand for an Indian-made
constitution.

Features of the Government of India Act, 1935

The Government of India Act, 1935 marked a significant departure from previous Acts and introduced several
important features that later influenced the framing of the Indian Constitution. The Act was distinct in multiple
respects, particularly in its attempt to introduce provincial autonomy and federal structure.

1. Provincial Autonomy:
Unlike earlier Acts which followed a unitary structure, the 1935 Act provided for provincial autonomy.
Provincial governments were to function independently of the central government within their sphere of
subjects.

2. Division of Powers:
The Act introduced a three-fold division of legislative powers between the centre and provinces – federal,
provincial, and concurrent lists. This provided a more structured federal arrangement.

3. Federal Court:
A federal court was established to adjudicate disputes between the federation and the provinces, laying the
foundation for judicial federalism.

4. Representation and Safeguards for Minorities:

The Act included provisions for separate electorates and reserved seats for various communities such as
Muslims, Sikhs, Indian Christians, Anglo-Indians, and Europeans, aiming to safeguard minority interests.

5. Role of the Governor:

The Governor, as the executive head of the province, enjoyed significant discretionary powers. He could veto
legislative decisions and was required to act under the control of the Governor-General and Secretary of
State, not being accountable to the provincial legislature.

6. Proposed Federal Government:

BPSC 102 1
 Though the Act provided for a federal government comprising British Indian provinces and princely states, this
structure could not materialize due to the lack of consensus among princely states.

7. Elections and Indian Participation:

Elections under this Act were held in 1937, resulting in the formation of Congress-led governments in eight
provinces. However, these governments resigned later the same year.

8. Foundation for Future Constitution:

Despite its colonial intent, the Act served as a structural basis for the Constituent Assembly while framing the
Indian Constitution, particularly in federal arrangements and administrative provisions.

This Act, though introduced under colonial rule, had lasting impacts on India’s constitutional development and
served as a precursor to many federal features enshrined in the Indian Constitution.

The Nehru Report, 1928

The Nehru Report of 1928 marked the first Indian attempt to draft a constitution independently, without British
involvement. Unlike the previous constitutional reforms introduced solely by the colonial rulers to serve imperial
interests, this initiative was driven by Indian leaders themselves, reflecting the aspirations of the national
movement.
The report was named after Motilal Nehru, who chaired the drafting committee formed during a conference of
established All India political parties. Major participants included the Indian National Congress, Swaraj Party, and
the Muslim League, though some regional parties like the Justice Party of Madras and the Unionist Party of
Punjab abstained.
Key features of the Nehru Report included the demand for universal adult suffrage, ensuring voting rights for
both men and women. It advocated for a responsible government at both the central and provincial levels,
indicating a shift towards democratic self-governance. The report proposed a division of subjects into central
and provincial categories and also introduced a list of fundamental rights, laying the groundwork for civil liberties
in India’s future constitution.
Notably, the report supported Dominion Status rather than complete independence. This meant that India would
retain a symbolic association with the British Crown while enjoying legislative autonomy over designated subjects.
Although this stance was later revised with the Congress’ 1934 resolution demanding a constitution free from
external influence, the Nehru Report remained a significant milestone.

Formation of the Constituent Assembly of India

The formation of the Constituent Assembly of India was a pivotal moment in the country’s constitutional
development. Initially, the British colonial authorities were reluctant to permit the creation of a constitution by
Indians. However, significant global and domestic changes—particularly the outbreak of World War II and the
formation of a Labour-led coalition government in Britain—compelled the British to reconsider.

In 1942, the British government sent the Cripps Mission, led by Sir Stafford Cripps, to present a draft declaration
proposing that India be granted Dominion Status after the war, with a constitution to be framed by an elected
Indian Constituent Assembly. The plan also allowed provinces or princely states to opt out of the proposed union.
However, both the Indian National Congress and the Muslim League rejected the proposal due to differing
visions—most notably the League’s demand for Pakistan and separate Constituent Assemblies.
Subsequently, in 1946, the British government dispatched the Cabinet Mission, comprising Lord Pethick-
Lawrence, Sir Stafford Cripps, and A.V. Alexander. Though the mission failed to mediate between the Congress
and the League, it proposed a Union of India that would include British Indian provinces and princely states, with
the union handling only foreign affairs, defense, and communications. Residuary powers were to lie with the
provinces, which were also allowed to form groups to determine provincial subjects.
Elections to the Constituent Assembly were held as per the Cabinet Mission’s plan. Members were elected by
provincial legislative assemblies. However, disputes over the interpretation of the grouping clause led the British
government to issue a statement on December 6, 1946, recognizing the possibility of two Constituent
Assemblies. Consequently, the Muslim League boycotted the inaugural meeting on December 9, 1946, and the
Assembly functioned without its participation.

Thus, the formation of the Constituent Assembly was shaped by a complex interplay of colonial proposals and
nationalist aspirations.

The Cripps Mission (1942)

BPSC 102 2
 In early 1942, amidst World War II and growing Indian demands for self-rule, the British government dispatched Sir
Stafford Cripps to India. Tasked with securing Indian support for the war effort, Cripps arrived bearing draft
proposals for India’s constitutional future once hostilities ceased.

Key Proposals

1. Dominion Status: India would attain status equal to other members of the British Commonwealth of Nations,
enjoying full legislative autonomy while retaining the Crown’s symbolic link.

2. Indian Union: All British Indian provinces and princely states would form a single Union under the British
Constitution.

3. Elected Constituent Assembly: A body elected by Indians would draft India’s constitution.

4. Provincial Opt-Out: Any province or princely state unwilling to accept the new constitution could retain its
existing arrangements or negotiate separate constitutional settlements.

Political Response

Both the Indian National Congress and the Muslim League rejected Cripps’s offer. The Congress found the
proposals vague on timing and safeguards, while the Muslim League insisted on full partition along communal
lines, demanding a separate Pakistani constituent assembly. With neither major party’s agreement, the Cripps
Mission failed to secure Indian commitment to Britain’s wartime and postwar objectives.

The Cabinet Mission Plan (1946)

In March 1946, the British government dispatched a three-member delegation—Lord Pethick-Lawrence, Sir
Stafford Cripps, and A.V. Alexander—to India to resolve the impasse between the Indian National Congress and
the Muslim League. Announced simultaneously in London and Delhi on 16 May 1946, the Cabinet Mission Plan laid
out the following framework:

1. Union of India

Composition: All British Indian provinces and princely states would form a single Union.

Union Subjects: The Union government would alone legislate on Foreign Affairs, Defence, and
Communications.

2. Residuary Powers

All subjects not allocated to the Union would vest in the provinces and princely states.

3. Union Executive and Legislature

Both bodies would comprise representatives from provinces and states.

For legislation on major communal issues, a quorum would require the presence—and affirmative vote—of
a majority from each of the two largest communities, plus a majority of all members present.

4. Provincial Grouping

Provinces could form “Groups,” each with its own executive and legislature.

Each Group would determine which provincial subjects it would legislate upon collectively.

Although neither Congress nor the League accepted the Mission’s proposals outright, the Plan became the basis
for election to—and the eventual structure of—the Constituent Assembly.

Salient Features of the Indian Constitution

The Constitution of India, adopted on 26th January 1950, is a remarkable document that reflects the aspirations of
a diverse and newly independent nation. Framed after extensive debates and influenced by global constitutional
traditions, it seeks to establish a just, democratic, and inclusive society. The following are its salient features, as
derived from the Constituent Assembly's deliberations and the final adopted text:

1. Synthesis of Global Models

Drafted “after ransacking all the known Constitutions of the world,” it blends elements from multiple
sources:

Fundamental Rights from the U.S. Constitution

Parliamentary System from Britain

Directive Principles from Ireland

BPSC 102 3
 Emergency Provisions from Weimar Germany and the Government of India Act, 1935.

2. Length and Detail

At adoption it comprised 395 Articles and eight Schedules, making it the world’s longest written
constitution.

3. Dual “Rights” Framework

Recognises both justiciable rights (Fundamental Rights, enforceable in court) and non-justiciable rights
(Directive Principles of State Policy), reflecting a balance between civil liberties and socio-economic
welfare.

4. Universal Adult Suffrage

Guarantees one-person-one-vote for every adult citizen, enshrined in Article 326.

Abolished colonial-era separate electorates and introduced reserved seats within joint electorates, in line
with the Poona Pact.

5. Federal-Unitary Blend

While fundamentally federal (three lists: Union, Concurrent, State), it incorporates strong unitary features
like residuary powers and emergency provisions.

6. Secular, Socialist, Democratic Republic

Declares India a “Sovereign Socialist Secular Democratic Republic,” as amended by the 42nd Amendment
(1976).

7. Rigidity with Flexibility

Provides for constitutional amendments under Article 368, while safeguarding its basic structure, as laid
down by the Supreme Court..

Academic Debates on the Constituent Assembly – A Comprehensive Note

The Constituent Assembly of India, despite being a landmark institution in the nation’s democratic journey, faced
several academic critiques. One major contention was its method of formation; members were not elected
through universal adult franchise, but by a restricted electorate based on property and educational qualifications.
This led critics like Jayaprakash Narayan to label it a “restricted and curbed” body born of British imperialism.
Winston Churchill claimed it represented only “one major community,” while Vincent Simon dismissed it as a
“body of Hindus.”

The Congress Party's dominance post-Partition further fueled criticism, with Prof. Shibban Lal Saxena stating that
real deliberations occurred in Congress meetings, reducing the Assembly to a “mock Assembly.” Additionally,
critics pointed out the over-representation of politicians and lawyers, resulting in a constitution dubbed a
“lawyers’ paradise” due to its complexity.
Nevertheless, scholars such as S.K. Chaube praised the Assembly as the first sovereign Indian body balancing
stability and adaptability. Granville Austin highlighted its success in norm-setting for a newly independent society.
Subhash C. Kashyap emphasized the philosophical depth of the Objectives Resolution, moved by Nehru in 1946,
which provided the guiding values of the Constitution.

Despite its limitations, the Assembly played a crucial role in shaping India’s democratic and constitutional
foundations.

The Underlying Philosophy Behind the Constituent Assembly of India

The Constituent Assembly of India, tasked with drafting the nation's Constitution, was guided by a profound
philosophy that shaped India's democratic framework. This philosophy, reflects a blend of democratic ideals,
pragmatism, and a commitment to inclusivity and justice, tailored to India's unique socio-political context.
Sovereignty was a cornerstone, emphasizing that supreme power resides with the people. This ensured that all
governmental organs derive their authority from citizens, establishing India as a sovereign democratic republic.
Democratic values were equally vital, prioritizing equality and the voice of every individual, exemplified by the
adoption of universal adult franchise, a principle championed by leaders like Jawaharlal Nehru and Rajendra
Prasad, granting voting rights to all adults irrespective of caste, creed, or gender.
The Assembly's approach to decision-making by consensus, as noted by Granville Austin, fostered lasting
agreements through mutual understanding rather than majority rule. This was crucial in resolving complex issues
like federal and language provisions in a diverse nation. The principle of accommodation, hailed as India’s

BPSC 102 4
 original contribution to constitution-making, enabled the reconciliation of seemingly incompatible concepts—
balancing federalism with a strong central government and republic status within the Commonwealth.

The art of selection and modification showcased the Assembly’s ingenuity in adapting borrowed provisions to
suit Indian conditions, such as the flexible yet protective constitutional amendment process. Fundamental rights,
made justiciable under Vallabhbhai Patel’s influence, became enforceable by courts, safeguarding individual
liberties. Secularism ensured state neutrality in religious matters, essential for India’s multi-religious society, while
socialism was moderated, reflecting a balanced economic stance.
Reservation for minorities, advocated by figures like Amrit Kaur and Begum Aizaz Rasul, underscored inclusivity,
protecting marginalized communities. Guided by luminaries like Nehru, Patel, and Dr. B.R. Ambedkar, this
philosophy crafted a resilient Constitution, harmonizing diverse ideals into a cohesive framework for India’s
governance.

Ideological and Philosophical Background of the Indian Constitution

The ideological and philosophical foundation of the Indian Constitution is intricately tied to the diverse
composition and deliberations of the Constituent Assembly, as detailed in section 2.2 of the document. The
Assembly was a representative body, bringing together members from varied walks of life—spanning political
affiliations, castes, communities, and regions. This diversity, as noted by Granville Austin’s biographical sketches,
ensured that the Constitution emerged as a synthesis of multiple perspectives, reflecting India’s pluralistic society
rather than a singular ideological stance.
Despite their differences, the Assembly members forged a consensus on fundamental democratic principles that
shaped the Constitution’s philosophical core. These included republicanism, vesting sovereignty in the people;
individual and group rights, enshrined constitutionally; universal suffrage, ensuring broad participation;
parliamentary democracy, structuring governance; separation of powers, dividing authority among the
executive, legislature, and judiciary; and division of power, balancing Union and state responsibilities. These
values established a framework that harmonized individual freedoms with collective unity.

The Assembly deliberately rejected alternative visions, such as Gandhian decentralization and Hindu nationalist
ideals, opting for a constitution designed to evolve with time while retaining its essential structure. This
adaptability was seen as vital for India’s dynamic democratic future.

Influential leaders—Maulana Azad, Jawaharlal Nehru, Vallabhbhai Patel, and Rajendra Prasad—formed an
"oligarchy within the Assembly," steering its philosophical direction. B.N. Rau, as an advisor, enriched this process
with insights from Western constitutional traditions.

These philosophical premises manifest in the Constitution’s provisions, defining relationships between individuals,
communities, and the state, as well as among government branches and administrative units. Notably, the
Assembly’s diversity prompted special provisions for backward regions and classes, embedding inclusivity and
social justice.
The framers believed these principles blended seamlessly with Indian traditions, positioning the Constitution as a
living guide for India’s democracy. This fusion of ideologies and philosophies underpins its enduring strength,
fostering a governance system that is democratic, inclusive, and responsive to change.

Word count: 320

PREAMBLE OF THE INDIAN CONSTITUTION

The Preamble of the Indian Constitution serves as a profound statement of values, objectives, and the
philosophical foundations upon which the Constitution is based. The Preamble acts as the "window to the
Constitution", giving a glimpse of its core values and intended goals. It is a resolution passed by the people of
India, through their representatives in the Constituent Assembly, proclaiming India as a Sovereign, Socialist,
Secular, Democratic Republic. It ensures to all citizens Justice (social, economic, political), Liberty (of thought,
expression, belief, faith, and worship), Equality (of status and opportunity), and Fraternity (assuring individual
dignity and national unity).
Significance:

The Preamble holds immense legal and ideological importance. Though initially debated, the Supreme Court in the
Kesavananda Bharati case (1973) affirmed that the Preamble is part of the Constitution and reflects its basic
structure. It traces its philosophical lineage to the Objectives Resolution, introduced by Jawaharlal Nehru in

BPSC 102 5
 December 1946, which laid down the vision of an independent India and became the blueprint for the Constitution.
The Preamble was formally adopted on 26 November 1949 and came into force on 26 January 1950.

Features:

1. Popular Sovereignty – It begins with "We, the People of India", emphasizing that the Constitution derives its
authority from the people.

2. Inclusion of Core Ideals – The insertion of terms like Socialist, Secular, and Integrity through the 42nd
Amendment (1976) further enriched its meaning.

3. Reflects Basic Structure – As affirmed by later judgments like S.R. Bommai (1994), the values in the Preamble
form part of the Constitution’s unalterable core.

4. Symbol of National Identity and Aspirations – It represents a pledge for national unity, human dignity, and
social transformation.

Thus, the Preamble is both a guiding light and a moral compass for the Indian republic.

Objectives Resolution: Foundation of India’s Constitutional Vision

The Objectives Resolution, presented by Jawaharlal Nehru on December 13, 1946, in the Constituent Assembly
and seconded by Purushottam Das Tandon, was a foundational document that outlined the core principles for
India’s future constitution. Introduced early in the Assembly’s debates, it served as a guiding framework,
articulating the aspirations of a newly independent India. Nehru described it as a pledge by the people, through
their representatives, to shape their future governance, emphasizing that India would be an Independent
Sovereign Republic—a term used for the first time in this context.

The Resolution laid down key "Fundamentals":

India as a sovereign republic and a union of British India, Indian States, and other willing territories.

Autonomy for constituent units with residuary powers, balanced by Union authority.

Power derived from the people, ensuring democratic governance.

Guarantees of justice (social, economic, political), equality, and freedoms, with safeguards for minorities and
backward classes.

Commitment to territorial integrity and global peace.

Though not legally binding, its significance lay in providing direction to the Constituent Assembly. Nehru clarified
that "republic" implied democracy, including economic democracy, hinting at a socialist vision. This Resolution
profoundly influenced the Preamble, encapsulating India’s constitutional ethos.

Comprehensive Note on the Meaning, Significance, and Features of Fundamental Rights

Fundamental Rights, enshrined in Part III of the Indian Constitution, are a cornerstone of India's democratic
framework. These rights provide essential freedoms and protections to individuals, ensuring dignity, liberty, and
equality in society. They are inspired by historical struggles against colonialism, where Indians consistently
demanded civil liberties and equal treatment, as reflected in various documents such as the Nehru Report (1928),
Sapru Report (1945), and the Commonwealth of India Bill (1925).
Meaning and Significance:

Fundamental Rights represent both natural and legal rights, essential for the holistic development of individuals.
They aim to establish a just and egalitarian society by restraining the state from arbitrary actions and ensuring that
every citizen is treated fairly. These rights are justiciable, meaning citizens can approach the courts for their
enforcement. The Supreme Court is empowered under Article 32 to issue writs to safeguard these rights, thus
positioning the judiciary as a protector of constitutional guarantees.
Salient Features:

1. Universality and Equality: All citizens are equal before the law and are entitled to equal protection without
discrimination on grounds of religion, race, caste, sex, or place of birth.

2. Protection from State and Private Actors: Certain rights also shield individuals from violations by other
citizens (e.g., abolition of untouchability, prohibition of forced labour).

3. Judicial Remedies: Citizens can directly approach the courts through Article 32 for enforcement. Writs like
habeas corpus, mandamus, and certiorari ensure protection against rights violations.

BPSC 102 6
 4. Diverse Coverage: They cover civil, political, and certain socio-economic aspects (e.g., Right to Education
under Article 21A).

5. Reasonable Restrictions: These rights are not absolute and can be reasonably restricted for public order,
morality, or national interest.

6. Basic Structure Doctrine: As per the Supreme Court’s ruling in Kesavananda Bharati v. State of Kerala (1973),
Fundamental Rights form part of the Constitution’s unamendable basic structure.

In conclusion, Fundamental Rights form the bedrock of Indian democracy, ensuring a balance between individual
liberty and the authority of the state. They reflect the commitment to justice, equality, and human dignity in the
Republic of India.

BPSC 102 7