Indian Constitution- the beginning

A constitution is a document of people’s faith and aspirations that has a special legal sanctity. It is the fundamental law of a country. There are various forms of government prevalent across the world. The philosophy embodied in a nation’s constitution determines the kind of government present there.

The idea of constitutionalism suggests ways and means to work out a governmental form, which exercises power and ensures at the same time, individual freedom and liberty.

Moreover, these government institutions are essential for the smooth functioning of society. But, the power of the state should not be absolute.

Constitutionalism suggests a way for reconciling the power of the state with individual liberty, by presenting the principles of organizing the state.

The constitution outlines the vision of the state and is its most important document. It is an expression of faith and hopes that people have from the state and promises that they wish to make for the future.

A constitution ensures certain rights to its citizens as well as defines their duties, e.g. Part III of the Indian Constitution.

Is Constitution Static?

A constitution is an extension of the philosophical and organization frameworks into the future.

But a state has to face the challenges of changing social, economic and political conditions in society.

All living constitutions provide for procedures for introducing changes in them by means of amendments. So, the constitution is not static.

Written and unwritten constitutions: Constitutions of most countries came into existence as a result of a conscious decision to have such a document. There are written constitutions, which provide institutional arrangements and procedures. But, the laws and institutions of British Constitution have gradually evolved over the centuries. The British Constitution is unwritten constitution. It comprises constitutional conventions that act as precedents for the working of institutions and other documents such as the statutes and Acts of Parliament. Here the Parliament is supreme, unlike the countries which have adopted a written Constitution, where the Constitution is supreme.

In Britain, any change in the Constitution is possible by means of laws passed by Parliament. There is no distinction between an ordinary law and a constitutional law. This is an example of the most flexible constitution.

FRAMING OF THE CONSTITUTION

The Indian Constitution was framed and adopted by the Constituent Assembly of India. As per the Cabinet Mission Plan of 1946, the Constituent Assembly was set up in November, 1946. It was not a sovereign body since it had to work within the limits imposed by the Cabinet Mission. After the passage of the India Independence Act of 1947, granting independence to India, the sovereign character of the Constituent Assembly was established per se. 

However, this could still not be technically considered sovereign because it was not elected by the populace of India as part of its decision making, which could only begin in 1951/2 when the nation voted for the first time to decide its own future. But, by then the Constitution had been fully adopted and the elections were also held in accordance with the procedures laid down in the same Constitution. But, the Constituent Assembly got its validity and hence legality considering the fact that the leaders of the body were those who had genuine support of the masses, as was evidenced during the first general and assembly elections across the length and breadth of the country. 

Technically speaking the Constituent Assembly could be called quasi-sovereign, but that was the most suitable possibility for the an emerging nation, which was yet to fully understand the concept and functionality of the modern nation-state.

Members of the Constituent Assembly were elected indirectly by the Provincial Assemblies in the ratio of one member per one million population. There were a total of 389 members in the Constituent Assembly, of which 296 seats were elected by the members of the Provincial Assemblies and the rest were nominated by the Princely States. The first meeting of the Constituent Assembly was held on 9^th December, 1946 with Sachidanand Sinha elected as its interim president. Later, Dr Rajendra Prasad was elected as the President of the Constituent Assembly.

The Constituent Assembly formed thirteen important committees for framing the Constitution. The Drafting Committee was headed by Dr BR Ambedkar and the draft constitution was published in January 1948. The Constituent Assembly discussed the draft and finally adopted the Constitution on 26^th November 1949 with some of the provisions taking effect immediately. The Constitution was implemented and made fully operational on 26^th January, 1950.