Shahbaz Rasheed Bhoru
The first batch of white men traders landed in the territory of India, a land of peace and tranquility, in 1608 under the banner of the East India Company, ostensibly for commercial purposes, but internally driven by political ambitions.They started as traders but gradually ended up as rulers of the land. The British governed Indian territories through Company rule from 1773 to 1858. Thereafter, in 1858, in the wake of the Sepoy Mutiny, the British Crown assumed direct control over India, a rule that lasted for nearly one hundred years. India finally gained independence in 1947; however, the legal and constitutional framework of the country had already begun to take shape from 1946. Ultimately, these efforts were consolidated and synthesized into a well documented Constitution, which came into force on January 26, 1950. Tracing the Indian Constitution historically, it is evident that its foundations lie deeply rooted in British rule. British governance, therefore, acted as a precursor to the framing and development of the Indian Constitution. Various regulations and acts by the Company, such as the Regulation Act of 1773, Pitt’s India Act of 1784, and the Charter Acts of 1793, 1813, 1833, and 1853, played an unintentional role in preparing the institutional framework for the Indian Constitution. Company rule was exploitative and undemocratic, yet it introduced methods of modern administration, legal and judicial systems, and legislative practices. The Indian Constitution absorbed these institutions and transformed them into democratic, value based, and people oriented structures.
After the Company’s rule, Crown rule began in 1858 and lasted for the next hundred years, which had a direct impact on the structure, philosophy, and content of the Indian Constitution. During Crown rule, each major act served as a source of guidance for the constitutional journey of the country. While no single act of this period can be regarded as a major contributor to the Constitution,Even there is a general consensus that the Government of India Act 1935 is major contributor and is often called the blueprint of the Indian Constitution. The idea of a body to frame the Constitution was first propounded by M. N. Roy in 1934. This idea gradually gained acceptance and ultimately crystallized into reality with the formation of a full fledged Constituent Assembly in November 1946, following a phase of demand, acceptance, and draft proposals.
The Constituent Assembly comprised representatives from all sections of Indian society in order to prepare a Constitution that would truly reflect the aspirations of every Indian. The Constituent Assembly acted as a synthetic machinery for the Constitution, much like a factory responsible for producing a particular product. The same role was performed by the Constituent Assembly in shaping the Constitution. The philosophy of the Constitution can be well understood by examining the famous Objective Resolution moved by Jawaharlal Nehru, on the basis of which the preface or introduction of the Constitution generally regarded as the essence or summary of the Constitution was framed. This introductory part is known as the Preamble.
“The Indian Constitution balances flexibility through its amendment process with stability via the “Basic Structure” doctrine, which prevents the repeal or destruction of its core identity under Article 368. Beyond a legal framework, it serves as a document of intellect and peace that demands citizens prioritize constitutional adherence over personal bias or arbitrary interpretation.”
The systematic and scientific approach adopted by the makers of the Indian Constitution is truly remarkable and reflects the political wisdom and constitutional genius of these legal luminaries. The Constitution of India appears not merely as a static legal document but as a dynamic seed endowed with immense potential, capable of nurturing India into a fully mature democracy and even serving as a beacon for humanity at large. If the Constitution is sincerely respected and faithfully implemented by all sections of society and all organs of government, India can genuinely emerge as an ideal reference for the world in upholding justice, liberty, equality, and fraternity.
The Indian Constitution is unique in the global legal framework for transcending its scope from the basic legal unit of the country the individual to the larger custodian and protector of its units, the State. The Constitution has balanced the relationship between individuals and the State or Union by dividing responsibilities between them. It talks about the Union and its States by describing their legal existence and defining their respective roles. At the same time, the Constitution throws light on the members of the Indian Union by acknowledging their rights and privileges and designating them as citizens of India. Along with rights and privileges, the Constitution also makes citizens responsible for owing duties to the Union. This is the basic way to strengthen the integrity of the Union by incorporating citizens into the Union and the Union into the hearts of the citizens. In this way, the Constitution blends these two elements to represent a harmonious synthesis of beauty, uniformity, and stability to the world.
The Constitution also denotes ideals that the state should keep in mind while formulating policies and enacting laws, as laid down through the Directive Principles of State Policy. These directive principles are like instruments of instruction to the state to ensure the implementation of the ideals of justice, liberty, equality, and fraternity as outlined in the Preamble. They aim to make India a successful welfare state and not a police state. The Indian Constitution exhibits a dynamic nature through its amendment procedure and a stable position through the limited application of Article 368, which grants the power to amend the Constitution but does not confer the right to repeal, abrogate, or destroy the basic structure of the Constitution. The Constitution of India is a document of intellect, peace, and love. We, as the citizens of India, must abide by its articles, and not by our bias, hatred, prejudices, or arbitrary interpretations.
(The author is a freelancer. The views, opinions and conclusions expressed in this article are those of the author and aren’t necessarily in accord with the views of “Kashmir Horizon”)
