📖 Historical Background of the Constitution of India

📌 Introduction

The Constitution of India, which came into force on 26th January 1950, is the supreme law of the land. It lays down the framework of governance, fundamental rights, directive principles, and the distribution of powers between the Union and the States. To fully understand the spirit of our Constitution, one must study its historical background—the legacy of British rule, the nationalist movements, and the constitutional developments that shaped it.

1. Sources of Indian Constitution

The Constitution of India did not emerge in a vacuum. It is the product of several historical processes:

1. British Colonial Laws & Charters:
   • Regulating Act, 1773 – First step towards Parliamentary control over East India Company.
   • Charter Acts (1833, 1853) – Introduced centralization and beginnings of a legislature.
   • Government of India Acts (1858, 1909, 1919, 1935) – Step-by-step evolution of self-government.
2. Indian Demands for Reforms:
   • Indian Councils Act, 1909 (Morley-Minto Reforms) – Introduced separate electorates.
   • Government of India Act, 1919 (Montagu-Chelmsford Reforms) – Dyarchy in provinces.
   • Government of India Act, 1935 – Introduced provincial autonomy, federal scheme (though not implemented), and basis for many provisions of present Constitution.
3. Indian National Movement:
   • Leaders like Dadabhai Naoroji, Bal Gangadhar Tilak, Mahatma Gandhi, Jawaharlal Nehru, B.R. Ambedkar demanded swaraj and constitutional reforms.
   • Nehru Report, 1928 – First major attempt at drafting a Constitution by Indians themselves.
   • Karachi Resolution, 1931 – Declared fundamental rights as essential for governance.

2. Cripps Mission & Cabinet Mission

• Cripps Mission, 1942: Offered Dominion status after World War II, but rejected by Indian leaders.
• Cabinet Mission, 1946: Proposed the formation of a Constituent Assembly to draft the Constitution of India.

3. Constituent Assembly of India

• Established under the Cabinet Mission Plan (1946).
• Total Members: 389 (later 299 after Partition).
• First meeting: 9th December 1946.
• Chairman: Dr. Rajendra Prasad.
• Drafting Committee Chairman: Dr. B.R. Ambedkar.
• The Assembly worked for 2 years, 11 months, and 18 days, holding 11 sessions and passing the final draft on 26th November 1949.

4. Influences from World Constitutions

The Indian Constitution borrowed features from several countries:

• UK → Parliamentary system, Rule of Law.
• USA → Fundamental Rights, Judicial Review, Federalism.
• Ireland → Directive Principles of State Policy.
• Canada → Quasi-federal system.
• Australia → Concurrent List, Joint Sitting of Parliament.
• France → Liberty, Equality, Fraternity.
• USSR → Fundamental Duties, Five-Year Plans.

5. Adoption of the Constitution

• Adopted on: 26th November 1949.
• Came into force: 26th January 1950 (chosen to commemorate “Purna Swaraj Day” of 1930).
• The Constitution originally had 395 Articles, 22 Parts, and 8 Schedules. Today it has 470+ Articles, 25 Parts, and 12 Schedules (after multiple amendments).

6. Significance of Historical Background

• Shows the gradual development of democratic institutions in India.
• Reflects the sacrifices of the freedom struggle and aspirations of the people.
• Explains why the Constitution is a blend of rigidity and flexibility.
• Helps interpret constitutional provisions in light of their historical evolution.

📌 Landmark Cases Referring to Historical Background

1. Kesavananda Bharati v. State of Kerala (1973) – Referred to Constituent Assembly Debates while formulating the Basic Structure Doctrine.
2. Indira Nehru Gandhi v. Raj Narain (1975) – Historical debates cited to safeguard democracy.
3. S.R. Bommai v. Union of India (1994) – Federalism and democracy discussed in light of constitutional history.

✍️ Conclusion

The historical background of the Indian Constitution is a story of gradual evolution, intense debates, and visionary leadership. It reflects not just the influence of British constitutional laws but also the aspirations of the Indian people for justice, liberty, equality, and fraternity. For law students and exam aspirants, studying this background is essential for a deeper understanding of constitutional provisions and judicial interpretations.

👉 Next in sequence: Salient Features of the Constitution of India