POLITY
1. Indian constitution - historical underpining ,
evolution , feature , amendment , significant provision
and basic structure
HISTORICAL UNDER PINING
Q- In what ways did the Nehru Committee Report and the Government of India Act, 1935
shape the Indian Constitution? Illustrate.
Indian constitution is shaped by several events during the Indian national movement and
incorporation of best features from several acts and constitution. Nehru report and GOI act
1935 are two of them which influenced Indian constitution in a major way.
Nehru report was prepared by INC sub-committee headed by Motilal Nehru as an answer to
the Birkenhead’s challenge for congress to prepare constitution. This was the first major
attempt by the Indians to draft a constitutional framework for the country. The committee
included Tej Bahadur Sapru, Subhash Bose and others. The report was submitted in 1928.
The Government of India Act was passed by the British Parliament in August 1935. It was
an outcome of 3rd round table conference and was majorly influenced by Simon
commission report.
Nehru committee report shaping Indian constitution:
• Secularism as fundamental feature was established when the report rejected
separate electorate. The report was cited when the constituent assembly took upon the
topic of separate electorate while framing the constitution. It is provided under different parts
of Indian constitution like the preamble, fundamental rights etc.,
• It provided full protection to cultural and religious interests of Muslims which was
extended by Indian constitution to all religions safeguarded under Article 25-30 as
fundamental rights.
• It tried to allay the minority fears with the concept of reservation which was
incorporated in the Indian constitution for Scheduled castes under article 334.
• Most of the 19 fundamental rights which was provided by the report was incorporated
under Part-3 fundamental rights of Indian constitution.
• Universal adult suffrage was suggested by the report which, the Indian constitution
provided under Article 326.
• Responsible government – both at the Centre and States was envisaged which is
provided in the Indian constitution as per article 75 and article 164.
GOI act 1935 shaping Indian constitution:
, • Federalism:
◦ 3 lists provided under the act- Federal, provincial and concurrent is defined in the
Indian constitution under 7th schedule as Union, State an Concurrent list.
◦ State representation in the Centre in the council of states (an evolution over
Bicameralism provided by GOI act 1919) which was provided as Rajyasabha under the
Indian constitution.
◦ Office of governor: as provincial head is also provided under Indian constitution as per
article 153.
◦
• Judiciary: Federal court was established as per the act in 1937. An integrated
judiciary with supreme court as the apex federal court is provided in the Indian constitution.
• UPSC, state public service commissions and joint public service commissions –
bulwarks of Indian democracy, merit watch dogs are established borrowing from bodies
envisaged under GOI act 1935.
• Emergency provisions: in part 18 to safeguard sovereignty, national unity and integrity
is provided as per the provisions under GOI act 1935.
• Administrative setup: with All India service as the fountain head of administration is
envisaged by the GOI act 1935. Protection to All India service under article 311, Split and
tenure system etc., of Indian bureaucratic setup is influenced by the act and incorporated in
Indian constitution.
Conclusion
Thus, GOI act provided the structure and as Ivor Jennings observed – it is the skeleton of
Indian constitution. Nehru report upheld the ideals of Indian national movement and the
same are seen in every part of the Indian constitution be it be socialistic nature of state,
popular sovereignty and so on.
EVOLUTION
Q- Is it fair to conclude that the Indian Constitution was an outcome of the deliberations of a selected elite who were members of
the Constituent Assembly? Was the Constituent Assembly even representative in the true sense? Critically comment.
A modern state without a constitution is unimaginable. A constitution is a vital necessity as it
determines the Power-relationship between the citizens of a country and between the
governors and the governed. For the purpose of determining the form and nature of
government and the nature of power relationship, the people set up a Constitution
Assembly. Thus the establishment of a representative body for framing of a constitution is
implicit in the very concept of democracy.
,Body
The Indian Constitution was an outcome of the deliberations of not only distinguished
personalities who were members of the Constituent Assembly but also and some nationalist
Leaders and People from all parts of the country and from different walks of life
• Constituent Assembly is not just a body of people or a gathering of able lawyers.
Rather, it is a nation on the move, throwing away the shell of its past political and possibly
social structure, and fashioning for itself a new garment of its own making. The Indian
Constitution was designed to break the shackles of traditional social hierarchies and to
usher in a new era of freedom, equality and justice.
• It is committed to freedom, equality, social justice, and some form of national unity. But
underneath all this, there is a clear emphasis on peaceful and democratic measures for
putting this philosophy into practice.
• The first point to note about the Constitution is its commitment to individual freedom.
This commitment did not emerge miraculously out of calm deliberations around a table.
Rather, it was the product of continuous intellectual and political activity of well over a
century. As early as the beginning of the nineteenth century, Rammohan Roy protested
against curtailment of the freedom of the press by the British colonial state. Roy argued that
a state responsive to the needs of individuals must provide them the means by which their
needs are communicated.
• It is not surprising therefore that freedom of expression is an integral part of the Indian
Constitution. So is the freedom from arbitrary arrest. After all, the infamous Rowlatt Act,
which the national movement opposed so vehemently, sought to deny this basic freedom.
• Once the idea of a nation took root among the elite, the idea of democratic self-
government followed. Thus, Indian nationalism always conceived of a political order based
on the will of every single member of society. The idea of universal franchise lay securely
within the heart of nationalism. As early as the Constitution of India Bill (1895), the first non-
official attempt at drafting a constitution for India, the author declared that every citizen, i.e.,
anyone born in India, had a right to take part in the affairs of the country and be admitted to
public office. The Motilal Nehru Report (1928) reaffirms this conception of citizenship.
• The Constitution constantly reinforces a common national identity. India strives to
retain regional identities along with the national identity. Common national identity was not
incompatible with distinct religious or linguistic identities. The Indian Constitution tried to
balance these various identities. This is clarified in the debate over separate electorates
based on religious identity which the Constitution rejects. Separate electorates were
rejected not because they fostered difference between religious communities as such or
because they endangered a simple notion of national unity but because they endangered a
, healthy national life. Rather than forced unity, our Constitution sought to evolve true
fraternity, a goal dear to the heart of Dr. Ambedkar. As Sardar Patel put it, the main objective
was to evolve ‘one community’.
In the true sense Constituent Assembly evenly represented.
• Though the Constituent Assembly was constituted through indirect election, yet it can
be emphatically said that its membership included almost all the distinguished personalities
with the only exception of Mahatma Gandhi who preferred to stay out.
• At that time of Constituent Assembly formation, adult franchise was not yet granted
and most members came from the advanced sections of the society. Does this make our
Constitution unrepresentative? Here we must distinguish two components of representation,
one that might be called voice and the other opinion. The voice component of representation
is important. People must be recognized in their own language or voice, not in the language
of the masters. If we look at the Indian Constitution from this dimension, it is indeed
unrepresentative because members of the Constituent Assembly were chosen by a
restricted franchise, not by universal suffrage. However, if we examine the other dimension,
we may not find it altogether lacking in representativeness. The claim that almost every
shade of opinion was represented in the Constituent Assembly may be a trifle exaggerated
but may have something to it. If we read the debates that took place in the Constituent
Assembly, we find that a vast range of issues and opinions were mentioned, members
raised matters not only based on their individual social concerns but based on the perceived
interests and concerns of various social sections as well.
• It is not a coincidence that the central square of every other small town has a statue
of Dr. Ambedkar with a copy of the Indian Constitution. Far from being a mere symbolic
tribute to him, this expresses the feeling among various section of people that the
Constitution reflects many of their aspirations.
Conclusion
Constitution is a living document. Legal provisions and institutional arrangements depend
upon the needs of the society and the philosophy adopted by the society. The Constitution
gives expression to this philosophy. The institutional arrangements are based on a core and
commonly agreed vision. That vision has historically emerged through our struggle for
independence. The Constituent Assembly was the platform on which this vision was stated,
refined and articulated in legal-institutional form.
KESAVANANDA BHARATI CASE
About the Kesavananda Bharati Case
The case dealt with a petition against the Kerala Government challenging the compulsory acquisition of his
land by the Government under the Kerala Land Reforms Act 1963, as a violation of Fundamental Rights
1. Indian constitution - historical underpining ,
evolution , feature , amendment , significant provision
and basic structure
HISTORICAL UNDER PINING
Q- In what ways did the Nehru Committee Report and the Government of India Act, 1935
shape the Indian Constitution? Illustrate.
Indian constitution is shaped by several events during the Indian national movement and
incorporation of best features from several acts and constitution. Nehru report and GOI act
1935 are two of them which influenced Indian constitution in a major way.
Nehru report was prepared by INC sub-committee headed by Motilal Nehru as an answer to
the Birkenhead’s challenge for congress to prepare constitution. This was the first major
attempt by the Indians to draft a constitutional framework for the country. The committee
included Tej Bahadur Sapru, Subhash Bose and others. The report was submitted in 1928.
The Government of India Act was passed by the British Parliament in August 1935. It was
an outcome of 3rd round table conference and was majorly influenced by Simon
commission report.
Nehru committee report shaping Indian constitution:
• Secularism as fundamental feature was established when the report rejected
separate electorate. The report was cited when the constituent assembly took upon the
topic of separate electorate while framing the constitution. It is provided under different parts
of Indian constitution like the preamble, fundamental rights etc.,
• It provided full protection to cultural and religious interests of Muslims which was
extended by Indian constitution to all religions safeguarded under Article 25-30 as
fundamental rights.
• It tried to allay the minority fears with the concept of reservation which was
incorporated in the Indian constitution for Scheduled castes under article 334.
• Most of the 19 fundamental rights which was provided by the report was incorporated
under Part-3 fundamental rights of Indian constitution.
• Universal adult suffrage was suggested by the report which, the Indian constitution
provided under Article 326.
• Responsible government – both at the Centre and States was envisaged which is
provided in the Indian constitution as per article 75 and article 164.
GOI act 1935 shaping Indian constitution:
, • Federalism:
◦ 3 lists provided under the act- Federal, provincial and concurrent is defined in the
Indian constitution under 7th schedule as Union, State an Concurrent list.
◦ State representation in the Centre in the council of states (an evolution over
Bicameralism provided by GOI act 1919) which was provided as Rajyasabha under the
Indian constitution.
◦ Office of governor: as provincial head is also provided under Indian constitution as per
article 153.
◦
• Judiciary: Federal court was established as per the act in 1937. An integrated
judiciary with supreme court as the apex federal court is provided in the Indian constitution.
• UPSC, state public service commissions and joint public service commissions –
bulwarks of Indian democracy, merit watch dogs are established borrowing from bodies
envisaged under GOI act 1935.
• Emergency provisions: in part 18 to safeguard sovereignty, national unity and integrity
is provided as per the provisions under GOI act 1935.
• Administrative setup: with All India service as the fountain head of administration is
envisaged by the GOI act 1935. Protection to All India service under article 311, Split and
tenure system etc., of Indian bureaucratic setup is influenced by the act and incorporated in
Indian constitution.
Conclusion
Thus, GOI act provided the structure and as Ivor Jennings observed – it is the skeleton of
Indian constitution. Nehru report upheld the ideals of Indian national movement and the
same are seen in every part of the Indian constitution be it be socialistic nature of state,
popular sovereignty and so on.
EVOLUTION
Q- Is it fair to conclude that the Indian Constitution was an outcome of the deliberations of a selected elite who were members of
the Constituent Assembly? Was the Constituent Assembly even representative in the true sense? Critically comment.
A modern state without a constitution is unimaginable. A constitution is a vital necessity as it
determines the Power-relationship between the citizens of a country and between the
governors and the governed. For the purpose of determining the form and nature of
government and the nature of power relationship, the people set up a Constitution
Assembly. Thus the establishment of a representative body for framing of a constitution is
implicit in the very concept of democracy.
,Body
The Indian Constitution was an outcome of the deliberations of not only distinguished
personalities who were members of the Constituent Assembly but also and some nationalist
Leaders and People from all parts of the country and from different walks of life
• Constituent Assembly is not just a body of people or a gathering of able lawyers.
Rather, it is a nation on the move, throwing away the shell of its past political and possibly
social structure, and fashioning for itself a new garment of its own making. The Indian
Constitution was designed to break the shackles of traditional social hierarchies and to
usher in a new era of freedom, equality and justice.
• It is committed to freedom, equality, social justice, and some form of national unity. But
underneath all this, there is a clear emphasis on peaceful and democratic measures for
putting this philosophy into practice.
• The first point to note about the Constitution is its commitment to individual freedom.
This commitment did not emerge miraculously out of calm deliberations around a table.
Rather, it was the product of continuous intellectual and political activity of well over a
century. As early as the beginning of the nineteenth century, Rammohan Roy protested
against curtailment of the freedom of the press by the British colonial state. Roy argued that
a state responsive to the needs of individuals must provide them the means by which their
needs are communicated.
• It is not surprising therefore that freedom of expression is an integral part of the Indian
Constitution. So is the freedom from arbitrary arrest. After all, the infamous Rowlatt Act,
which the national movement opposed so vehemently, sought to deny this basic freedom.
• Once the idea of a nation took root among the elite, the idea of democratic self-
government followed. Thus, Indian nationalism always conceived of a political order based
on the will of every single member of society. The idea of universal franchise lay securely
within the heart of nationalism. As early as the Constitution of India Bill (1895), the first non-
official attempt at drafting a constitution for India, the author declared that every citizen, i.e.,
anyone born in India, had a right to take part in the affairs of the country and be admitted to
public office. The Motilal Nehru Report (1928) reaffirms this conception of citizenship.
• The Constitution constantly reinforces a common national identity. India strives to
retain regional identities along with the national identity. Common national identity was not
incompatible with distinct religious or linguistic identities. The Indian Constitution tried to
balance these various identities. This is clarified in the debate over separate electorates
based on religious identity which the Constitution rejects. Separate electorates were
rejected not because they fostered difference between religious communities as such or
because they endangered a simple notion of national unity but because they endangered a
, healthy national life. Rather than forced unity, our Constitution sought to evolve true
fraternity, a goal dear to the heart of Dr. Ambedkar. As Sardar Patel put it, the main objective
was to evolve ‘one community’.
In the true sense Constituent Assembly evenly represented.
• Though the Constituent Assembly was constituted through indirect election, yet it can
be emphatically said that its membership included almost all the distinguished personalities
with the only exception of Mahatma Gandhi who preferred to stay out.
• At that time of Constituent Assembly formation, adult franchise was not yet granted
and most members came from the advanced sections of the society. Does this make our
Constitution unrepresentative? Here we must distinguish two components of representation,
one that might be called voice and the other opinion. The voice component of representation
is important. People must be recognized in their own language or voice, not in the language
of the masters. If we look at the Indian Constitution from this dimension, it is indeed
unrepresentative because members of the Constituent Assembly were chosen by a
restricted franchise, not by universal suffrage. However, if we examine the other dimension,
we may not find it altogether lacking in representativeness. The claim that almost every
shade of opinion was represented in the Constituent Assembly may be a trifle exaggerated
but may have something to it. If we read the debates that took place in the Constituent
Assembly, we find that a vast range of issues and opinions were mentioned, members
raised matters not only based on their individual social concerns but based on the perceived
interests and concerns of various social sections as well.
• It is not a coincidence that the central square of every other small town has a statue
of Dr. Ambedkar with a copy of the Indian Constitution. Far from being a mere symbolic
tribute to him, this expresses the feeling among various section of people that the
Constitution reflects many of their aspirations.
Conclusion
Constitution is a living document. Legal provisions and institutional arrangements depend
upon the needs of the society and the philosophy adopted by the society. The Constitution
gives expression to this philosophy. The institutional arrangements are based on a core and
commonly agreed vision. That vision has historically emerged through our struggle for
independence. The Constituent Assembly was the platform on which this vision was stated,
refined and articulated in legal-institutional form.
KESAVANANDA BHARATI CASE
About the Kesavananda Bharati Case
The case dealt with a petition against the Kerala Government challenging the compulsory acquisition of his
land by the Government under the Kerala Land Reforms Act 1963, as a violation of Fundamental Rights
