What are the main sources and influencing factors in the making of the Constitution of India? How does it reflect the diversity and unity of Indian democracy? (250 Words) (GS-3 Polity)

The Constitution of India was adopted by the Constituent Assembly on November 26, 1949, and came into force on January 26, 1950. It stands as a testament to the nation’s rich cultural, social, and political heritage. It amalgamates influences from various global constitutions while being deeply rooted in India’s unique historical and cultural context.

Main Sources and Influences of the Indian Constitution

• Government of India Act, 1935: It provided for a federal scheme, bicameral legislature, judiciary, public service commission, emergency provisions, and administrative details. These features were largely adopted by the Constitution with some modifications.
• British Constitution: It influenced many aspects of the Indian Constitution, such as parliamentary democracy, rule of law, legislative procedure, single citizenship, cabinet system, prerogative writs, parliamentary privileges, and bicameralism.
• US Constitution: It inspired many features of the Indian Constitution, such as fundamental rights, independence of judiciary, judicial review, impeachment of the President, removal of Supreme Court and High Court judges, and post of Vice-President.
• Irish Constitution: It influenced some features of the Indian Constitution, such as directive principles of state policy, nomination of members to Rajya Sabha, and method of election of the President.
• Canadian Constitution: It inspired some features of the Indian Constitution, such as federation with a strong centre, vesting of residuary powers in the centre, appointment of state governors by the centre, and advisory jurisdiction of the Supreme Court.
• Australian Constitution: The Indian Constitution took features such as concurrent list, freedom of trade, commerce within the country, and joint-sitting of the two Houses of Parliament from the Australian Constitution.
• French Constitution: It influenced some features of the Indian Constitution, such as republicanism and ideals of liberty, equality, and fraternity in the Preamble.
• South African Constitution: It influenced some features of the Indian Constitution, such as the procedure for amendment in the Indian Constitution and the election of members of Rajya Sabha.
• Japanese Constitution: The Japanese Constitution influenced the inclusion of ‘procedure established by law’ in the Indian Constitution, emphasising legal processes in Article 21.

Constitution: The Reflection of Diversity of Democratic India

• Languages: The Indian Constitution, in its Eighth Schedule, recognises 22 languages, thereby safeguarding linguistic diversity.
  • Example: The inclusion of languages like Assamese, Konkani, and Sanskrit ensures their preservation and promotion in a linguistically diverse country like India.
• Protection of Cultural & Educational Rights of Minorities: Articles 29 and 30 are instrumental in safeguarding the rights of minorities to conserve their distinct culture and administer educational institutions.
  • Example: The Ahmedabad St. Xavier’s College vs State of Gujarat (1974) reinforced the autonomy of minority educational institutions, underscoring their cultural significance.
• Personal Laws: India’s acknowledgement of different personal laws for communities like Hindus, Muslims, and Christians (Articles 25-28) respects cultural and religious plurality, covering areas such as marriage, divorce, and inheritance.
• Emphasis on Composite Culture: Under Article 51A(f), it is the fundamental duty of every citizen to value and preserve the rich heritage of our composite culture. This underlines the significance the Constitution places on celebrating India’s diverse cultural heritage.
• Protection of Indigenous Rights: The Fifth and Sixth Schedules of the Constitution provide for the administration and control of Scheduled Areas and Scheduled Tribes, ensuring their traditional rights and cultural identity are preserved.
• Representation in Parliament: The reservation of seats for Scheduled Tribes and Scheduled Castes in the Lok Sabha (Article 330) and state assemblies (Article 332) ensures diverse representation.

Constitution: The Reflection of Unity of Democratic India

• Article 1: By defining India as a “Union of States,” it subtly underlines the foundational unity amidst the vast diversity. The reorganisation of states based on linguistic lines, while recognising diversity, also ensured that the unity of the nation was paramount.
• Preamble: Serving as the philosophical bedrock of our Constitution, it highlights India’s intrinsic unity by emphasising it as a sovereign, socialist, secular, and democratic republic.
  • Example: The inclusion of the term “secular” underscores India’s commitment to treating all religions equally (Articles 25-28).
• Directive Principles (Part IV): These guidelines, directed by Articles 36-51, though non-justiciable, direct the state to ensure socio-economic welfare, fostering a unified approach to development. Landmark judgements like the Kesavananda Bharati case reinforced the importance of social justice as a unified goal.
• Single Citizenship (Articles 5-11): India’s provision for a single unified citizenship ensures that all Indians, irrespective of their domicile state, enjoy the same set of rights.
• Uniform Civil Code (Article 44): It proposes a vision for a common personal law system for all, irrespective of religion or ethnicity. While not fully realised, the Goa Civil Code exemplifies a state where people of all religions follow a common civil code.
• Integrated Judiciary: A cohesive structure, from the subordinate courts to the Supreme Court, governed by Articles 124-147, ensures that legal precedents set in one part of India apply uniformly. Landmark judgements like the Right to Privacy have a pan-India impact, emphasising unity.

Conclusion

The Indian Constitution, while drawing inspiration from various global sources, is uniquely tailored to India’s socio-cultural milieu. It not only accommodates India’s staggering diversity but also continually emphasises its foundational unity, weaving together a tapestry that is as rich as India’s millennia-old heritage.