75 Years of Indian Constitution: Achievement and Challenges

Introduction

Our constitution stands as the foundation of rights and responsibilities of our nation that guides every citizen. It outlines the framework within which our legislative, administrative, and judicial bodies operate that is crucial for the efficient governance of our country. From the Lok Sabha and Rajya Sabha protocols to the roles of Supreme Court and High Courts, and the pivotal oversight of the Election Commission, every facet is carefully designed to preserve democracy and ensure justice to everyone.

This year, we commemorate 75 years since the inception of our constitution in India. Over these decades, it has evolved dynamically and amended to reflect the evolving needs and aspirations of our people. It has influenced not just the structure of government but also the protection of each person's fundamental rights.

Our constitution is a written record of our shared quest for a society that is more equitable and inclusive than a mere legal document. In the following paragraphs, we will explore the background of its origin, underlining its significance, what we have achieved through this, and what are the key challenges we still need to address.

Historical Background

After gaining independence from British rule in 1947, there arose a critical necessity for a comprehensive written document that would enshrine the rights of our citizens and establish the functioning of pivotal legislative, judicial, and administrative bodies. Additionally, it was imperative to address issues such as tribal rights and provisions for emergencies.

In response to this urgent need, the interim government formed after 1947 constituted a drafting committee tasked with the monumental responsibility of creating a document which would later be recognized as our constitution. Dr. B.R. Ambedkar led this drafting committee with the key members comprising distinguished experts such as B.N. Rau, D.P. Khaitan, N. Gopalaswami, Mohammad Saadulla, and others.

2 years, 11 months and 18 days of careful consideration and hard work later, the drafting group accomplished its goal of forming our constitution which was then legally adopted on November 26, 1949, and later enacted on January 26, 1950.

This historic document not only defines the fundamental framework of our nation but also symbolizes the aspirations and commitments of our founding leaders towards justice, equality, and democratic governance.

Parts of Our Constitution

Preamble

The preamble serves as the soul of our constitution. It is a concise yet profound declaration that outlines the foundational ideals and principles upon which our constitution is built. It draws its authority directly from the people of India, as reflected in its opening declaration “We the people”. The preamble, originally presented as our nation's Objectives Resolution by Jawaharlal Nehru on 13th December 1946, laid the groundwork for the principles enshrined in our constitution. The preamble is recognized as an inseparable component of the Constitution and stands as a testament to our dedication to justice, liberty, equality, and fraternity that guide our nation toward a future built on these eternal virtues.

Parts

Part I – The Union and its Territories

Part II – Citizenship

Part III – Fundamental Rights

Part IV – Directive Principles of State Policy

Part IV A – Fundamental Duties

Part V – The Union

Part VI – The States

Part VII – The States in Part B of First Schedule [Repealed]

Part VIII – The Union Territories

Part IX – The Panchayats

Part IXA – The Municipalities

Part IXB – The Co-operative Societies

Part X – The Scheduled and Tribal Areas

Part XI – Relation between the Union and the States

Part XII – Finance, Property, Contracts and Suits

Part XIII – Trade, Commerce and Intercourse within the territory of India

Part XIV – Services Under the Union and the States

Part XIVA – Tribunals

Part XV – Elections

Part XVI – Special provisions relating to certain classes

Part XVII – Official language

Part XVIII – Emergency Provisions

Part XIX – Miscellaneous

Part XX – Amendment of the Constitution

Part XXI – Temporary, Transitional and Special Provisions

Part XXII – Short Title, Commencement, Authoritative Text in Hindi and Repeals

Schedules

1st Schedule - It contains the name of states and union territories, and territorial jurisdiction of states.

2nd Schedule - The provisions in relation to allowances, privileges, emoluments of all the major legislature, judicial, and administrative office holders including President, Governors, Supreme and High court judges, and Comptroller and Auditor General, among others.

3rd Schedule - It contains the forms of oath and affirmation for all the major legislature, judicial, and administrative office holders.

4th Schedule - It contains the provisions in relation to the allocation of seats for states and union territories in the Rajya Sabha.

5th Schedule - It contains provisions in relation to the administration and control of scheduled areas and scheduled tribes.

6th Schedule - It contains provisions in relation to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.

7th Schedule - This schedule deals with the division of powers between the union government and state governments (union list, state list, and concurrent list).

8th Schedule - It deals with the 22 official languages recognized by the Constitution.

9th Schedule - It deals with the state acts and regulations that deal with land reforms and the abolition of the Zamindari system.

10th Schedule - It contains provisions relating to disqualification of the members of Parliament and State Legislatures on the ground of defection.

11th Schedule - It contains the provisions that specify the powers, authority and responsibilities of Panchayats.

12th Schedule - It deals with the provisions that specify the powers, authority and responsibilities of Municipalities.

Major Sources of our constitution

Though our constitution was adopted 75% from the previously enforced Government of India Act, 1935, there are still many provisions inspired and adopted from the constitutions of many countries. Some of the major provisions adopted are described in brief below.

Government of India Act 1935

Federal Scheme
Emergency Provisions
Public Service Commissions
Office of Governor
Judiciary
Administrative Details

The United Kingdom

Parliamentary form of government
The idea of single citizenship
The idea of the Rule of law
Writs
Institution of Speaker and his role
Lawmaking procedure
Procedure established by Law

The United States of America

Preamble
Fundamental Rights
Federal structure of government
Electoral College
Separation of powers among the three branches of the government
Judicial review
President as Supreme Commander of Armed Forces
Equal protection under law

Ireland

Directive Principles of State Policy
Nomination of members to Rajya Sabha
Method of Election of President

Canada

A federal system with a strong union
Distribution of powers between the central and state government
Residual powers retained by the central government

France

Republic state structure
The ideals of Liberty, Equality and Fraternity in the Preamble

Australia

Freedom of trade and commerce
Power of the union legislature for implementing treaties
Concurrent List
The language of the Preamble

South Africa

Procedure for amendment
Election of Rajya Sabha members

Germany

Emergency powers of the Union
Suspension of Fundamental Rights during emergency

Japan

Procedure Established by Law

Soviet Union/Russia

Fundamental Duties under Article 51-A
Planning Commission
Idea of Social, Economic, and Political Justice in Preamble

Notable Amendments

1st Amendment Act, 1951

Provision (Article 31A) to validate certain laws related to land reform and the abolition of zamindari systems.

7th Amendment Act, 1956

The then existing terminology of Part A, Part B, Part C, and Part D states was altered.

24th Amendment Act, 1971

Affirmed the power of Parliament to amend any part of the constitution including Fundamental Rights.

42nd Amendment Act, 1976

Due to the large number of amendments this act has brought to the Indian Constitution, it is also known as ‘Mini-Constitution.’

Reduced the power of the Supreme Court and the High Courts
Fundamental Duties for citizens
Socialist, Secular and Integrity added to the Preamble

44th Amendment Act, 1978

Safeguards to prevent future instances of transient majorities overriding fundamental rights.

52nd Amendment Act, 1985

Amendment act on anti-defection was passed and addition of the 10th Schedule.

61st Amendment Act, 1989

Lowered the voting age of elections to the Lok Sabha and to the Legislative Assemblies from 21 years to 18 years.

73rd Amendment Act, 1992

Re-introduced panchayats as the institutions of local self-governance at three administrative levels.

74th Amendment Act, 1992

Urban local bodies as self governing institutions.

86th Amendment Act, 2002

The State shall provide free and compulsory education to all children of the age of six to fourteen years.

97th Amendment Act, 2012

Gave constitutional status and protection to cooperative societies.

101st Amendment Act, 2016

Allowed both the centre and states to levy the Goods and Services Tax (GST).

Achievements

Social Justice

The Indian Constitution is widely recognized for its broad perspective on defending fundamental rights and promoting secularism and social justice ideals.
It established affirmative action policies to address inherent societal hierarchies and ensure fair chances for underrepresented communities.

Global Influences

The Indian Constitution goes beyond traditional liberties to include specific social and economic rights for citizen welfare.
The Universal Declaration of Human Rights had an influence in expanding the scope of people's rights and safeguards.

Drafting Process

The Constituent Assembly crafted the constitution through an organized and all-inclusive process.
Fundamental beliefs were universally acknowledged and accepted with consensus of diverse stakeholders.

Legitimacy and Supremacy

Over the past half-century, the legitimacy of the Indian Constitution has remained unchallenged by major social organizations or political parties.
Unlike many countries that revise their constitutions, our constitution continues to serve as the bedrock of governance.

Challenges

Quasi-Federal Structure

India's federal structure faces challenges including centralized amendment power under Article 368, which vests sole authority in the Central Government, and unequal representation in the Rajya Sabha, where states lack formal influence over amendments that limit equitable federal representation and governance.

Colonial Legacy

The Indian Constitution faces challenges rooted in its colonial origins and outdated provisions.

Some advocate for a return to foundational principles and dismisses minor amendments as insufficient to address contemporary governance needs.

Linguistic Conflicts

India's rich cultural diversity includes over 22 constitutionally recognized languages and numerous dialects. However, language conflicts can strain federal unity when dominant regions impose their languages on others that often undermine the spirit of cooperative federalism and cultural harmony.

Religious Challenges

India's religious diversity includes multiple faiths and beliefs, and presents complex challenges to its federal structure. Religious tensions and intolerance occasionally disrupt communal harmony that poses significant obstacles for inclusive governance and upholding the secular fabric of the nation.

Conclusion

In conclusion, as we commemorate the Indian Constitution's 75 years as the fundamental basis of our country's governance and ideals, we must unite as responsible citizens to secure a future in which each person's rights are protected and guided by the ideals of justice, equality, and fraternity. The Constitution was written to protect fundamental rights, promote social justice through affirmative action, and provide a solid framework for democratic government. Over time, it has evolved to reflect the changing requirements of our diverse society. The phrase "We the people" in the preamble emphasizes our shared commitment to promoting an inclusive and just society.

Though it serves as the foundation of our democracy, there are still a lot of challenges related to our constitution that need to be resolved. The Constitution's responsiveness to modern challenges is at times restricted by its colonial-era roots and centralized amendment procedure. Also, religious and linguistic diversity pushes our federal structure's integrity to the test and demands continuous attempts to promote peace and cooperation among every community.

Nevertheless, the Indian Constitution still stands as a strong testament to our shared goals and values. We must promise its continued significance in forming a nation that embraces diversity, democracy, and dignity for all of its residents by adhering to its principles.