2.1.1 Colonial Legacy and National Movement
The historical background of Indian constitutional law is deeply intertwined with the colonial legacy and the national movement for independence, which significantly shaped the evolution of the Indian Constitution.
(1) Colonial Legacy:
British Rule and Governance: India was under British colonial rule for nearly two centuries, during which the British implemented various governance structures and laws to administer the country. The Government of India Act of 1858 marked the beginning of direct British rule after the end of the East India Company’s control.
Legislative Measures: The British introduced several legislative measures to govern India, including the Indian Councils Acts, Government of India Acts, and other regulations aimed at consolidating British control and managing the diverse Indian population.
Impact on Indian Society: The colonial rule had a profound impact on Indian society, economy, and administration. It led to the exploitation of resources, economic exploitation, social stratification, and political marginalization of Indians.
(2) National Movement for Independence:
Emergence of Indian Nationalism: The colonial exploitation and suppression of Indian interests led to the emergence of Indian nationalism. Leaders like Mahatma Gandhi, Jawaharlal Nehru, Subhas Chandra Bose, and others spearheaded movements demanding self-governance and independence from British rule.
Struggles and Movements: The Indian National Congress (INC) played a crucial role in the Indian independence movement, organizing protests, civil disobedience campaigns, and advocating for the rights of Indians.
Demand for Self-Governance: The demand for self-governance grew stronger over time, leading to the call for a constituent assembly to draft a constitution for an independent India.
(3) Constitutional Developments:
Formation of the Constituent Assembly: The Constituent Assembly of India was formed in 1946, comprising elected representatives from various provinces and princely states, with the task of drafting an independent India’s constitution.
Drafting of the Constitution: Dr. B.R. Ambedkar chaired the drafting committee, and after rigorous deliberations and inputs from various leaders and experts, the Constituent Assembly adopted the Constitution of India on November 26, 1949.
Key Influences: The Indian Constitution drew inspiration from various sources, including the principles of liberty, equality, and fraternity from the French Revolution; the parliamentary system from the UK; the fundamental rights from the US Constitution; and the Directive Principles of State Policy from Ireland.
(4) Key Features and Influences in the Indian Constitution:
Federal Structure: The Indian Constitution adopted a federal structure, balancing power between the central government and states.
Fundamental Rights: It guaranteed fundamental rights to citizens, ensuring liberties and protections akin to those in democratic nations.
Directive Principles of State Policy: The Constitution included Directive Principles guiding the government in socioeconomic policymaking.
Parliamentary Democracy: It established a parliamentary form of government, with the President as the head of state and the Prime Minister as the head of government.
2.1.2 Influence of Other Constitutions
The Indian Constitution, while being a unique document tailored to India’s needs and circumstances, drew inspiration from various sources and was influenced by several other constitutions from around the world. Here’s an exploration of the influences of other constitutions on Indian constitutional law:
(1) United States Constitution:
Influence on Fundamental Rights: The Indian Constitution was influenced by the US Constitution’s emphasis on fundamental rights. The Indian Constitution’s Part III, which guarantees fundamental rights, draws inspiration from the Bill of Rights in the US Constitution.
Independent Judiciary: The idea of an independent judiciary, entrusted with the power of judicial review, was borrowed from the US Constitution. The Supreme Court of India has the authority to interpret the Constitution and strike down laws inconsistent with its provisions, similar to the US Supreme Court’s role.
(2) United Kingdom Constitution:
Parliamentary System: The Indian Constitution adopted the parliamentary system of government from the UK. Features such as the parliamentary form of government, the role of the Prime Minister, Council of Ministers, and the President’s ceremonial role draw influence from the British system.
Rule of Law: The concept of the rule of law, which is a fundamental principle in the UK’s unwritten constitution, also influenced the Indian constitutional framework, ensuring that the government is subject to the law.
(3) Irish Constitution:
Directive Principles of State Policy: The concept of Directive Principles of State Policy, which aim to guide the government in formulating policies for socio-economic justice, was borrowed from the Irish Constitution. These principles, though not legally enforceable, serve as guidelines for governance in India.
(4) Canadian Constitution:
Federal Structure: The Indian Constitution adopted a federal structure similar to the Canadian model, balancing power between the central government and the states. The distribution of powers between the center and the states draws influence from the Canadian federal system.
Residuary Powers: The Canadian Constitution’s provision on residuary powers vested in the central government also influenced the distribution of powers in India.
(5) Soviet Union Constitution:
Social and Economic Rights: The Indian Constitution was influenced by the Soviet Union Constitution in terms of including socio-economic rights. The Directive Principles of State Policy in the Indian Constitution aim to ensure social and economic justice, akin to the socialist principles in the Soviet Union’s constitution.
(6) French Constitution:
Liberty, Equality, Fraternity: The Indian Constitution was inspired by the principles of liberty, equality, and fraternity from the French Revolution. These principles form the bedrock of Indian democracy and are reflected in various parts of the Constitution.