Constitutional Framework: Historical Background & Preamble
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens.
Historical Background
The British came to India in 1600 as traders, in the form of the East India Company, which had the exclusive right of trading in India under a charter granted by Queen Elizabeth I. In 1765, the Company, which till now had purely trading functions obtained the ‘diwani’ (i.e., rights over revenue and civil justice) of Bengal, Bihar and Orissa.
The Company Rule (1773-1858)
- Regulating Act of 1773: It was the first step taken by the British Government to control and regulate the affairs of the East India Company. It designated the Governor of Bengal as the ‘Governor-General of Bengal’ (Lord Warren Hastings).
- Pitt’s India Act of 1784: Distinguished between commercial and political functions of the Company. Created the Board of Control for political affairs.
- Charter Act of 1833: Final step towards centralization in British India. Made the Governor-General of Bengal the ‘Governor-General of India’ (Lord William Bentinck).
- Charter Act of 1853: Separated the legislative and executive functions of the Governor-General’s council.
The Crown Rule (1858-1947)
- Government of India Act of 1858: Known as the Act for the Good Government of India. Abolished the East India Company and transferred powers to the British Crown. Created the office of Secretary of State for India.
- Indian Councils Act of 1861, 1892, and 1909: Introduced representative institutions, increased the size of legislative councils, and (in 1909 – Morley-Minto Reforms) introduced communal representation for Muslims.
- Government of India Act of 1919 (Montagu-Chelmsford Reforms): Introduced dyarchy at the provincial level and bicameralism at the center.
- Government of India Act of 1935: Provided for the establishment of an All-India Federation, introduced provincial autonomy, and established a Federal Court. It forms the core blueprint for the present Indian Constitution.
- Indian Independence Act of 1947: Ended British rule in India, partitioned India into two independent dominions (India and Pakistan).
Making of the Constitution
The Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan. It took 2 years, 11 months, and 18 days to finalize the Constitution. Dr. B.R. Ambedkar was the Chairman of the Drafting Committee.
The Preamble
The Preamble is the introduction or preface to the Constitution. It contains the summary or essence of the Constitution. It is based on the ‘Objectives Resolution’, drafted and moved by Pandit Nehru.
“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation…”
Key Words in the Preamble
- Sovereign: India is neither a dependency nor a dominion of any other nation, but an independent state.
- Socialist: Added by the 42nd Amendment (1976), implies democratic socialism (mixed economy).
- Secular: Added by the 42nd Amendment (1976), all religions have the same status and support from the state.
- Democratic: Supreme power lies with the people.
- Republic: The head of the state (President) is elected, not a hereditary monarch.
Conclusion
Understanding the historical underpinnings and the philosophy of the Constitution (as reflected in the Preamble) is critical for UPSC and MPSC aspirants to grasp the functioning of the Indian polity.