Topics: Indian Constitution — historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Q1. The Government of India Act of 1858 was important as it marked a shift in powers from the company to the Crown. Enumerate the main features of the Act. (10 marks)
Model Structure
Introduction
- The Government of India Act of 1858 was enacted as a reaction to the revolt of 1857, also known as the Sepoy Mutiny or the First War of Independence. It abolished the East India Company, and the powers and authority were transferred to the British Crown.
Main Body
- All the acquired territories, revenue system and residuary powers got transferred to the British government and crown. Main features of the act include-
- The system of double government introduced by Pitt’s India Act of 1784 was ended by abolishing the Board of Control and Court of Directors.
- From the enforcement of the act, India would be governed in the name of Her Majesty and the designation of Governor-General was changed to Viceroy because he was to be the direct representative of the British crown.
- For corporate affairs and smooth business, a secretary of state-in-council was established.
- Secretary of state for India was created as a new post having total authority over administration of India and was responsible to the British parliament.
- The act also formed a 15 member advisory council to assist the secretary of state who was the chairman of the council.
- This act was formed with the prime objective of improving administration and controlling it in a better way from England rather than introducing any reforms.
Conclusion
The Government of India Act of 1858 was enacted after the first war of independence as Britishers became aware of the rising nationalism and they sought to check it right at the outset. The effects were visible as the next tide of nationalism came after the founding of the Indian National Congress more than 25 years later.
Q2. “It is said that constitutionalism pervades the Indian Constitution.” Examine the statement. (10 marks)
Model Structure
(This question is simply asking to explain: "How the concept of constitutionalism is present throughout the Indian Constitution.")
Introduction:
- Constitutionalism is a set of political values and aspirations that reflect the desire to protect liberty through checks on government power. It means government according to the rule of law as opposed to arbitrary government.
- Constitutionalism is a philosophy which is essential for a democratic setup. It ensures that the freedoms of the individual are given primacy and the State does not encroach upon the liberty of the citizen.
Main Body:
Principles and norms which promote constitutionalism in India are:
- A written constitution containing the fundamental principles of governance and detailed administrative provisions.
- Constitutional Supremacy means that no laws or actions can violate a nation's Constitution.
- The Constitution provides a set of fundamental rights to every citizen, protecting individual freedoms and promoting equality.
- It also sets forth Directive Principles of State Policy, guiding the government to ensure social and economic justice.
- The Constitution's ability to adapt through amendments (Article 368) while maintaining its core principles demonstrates its strong foundation in constitutionalism.
- The preamble holds the spirit of constitutionalism, as it contains all the objectives of the constitution and conditions for a dignified life of citizens.
- An independent judiciary with the power of Judicial Review under Article 13 for upholding the rule of law and for safeguarding constitutional principles.
- The doctrine of separation of Power ensures all organs enjoy limited power within their framework. It creates a system of checks and balances among the actions of governmental organs.
- Free and fair elections to legislature and a democratic government accountable to the electorate. Independent Election Commission.
- Federalism, i.e. division of power between the centre and states, ensures diffusion of powers, necessitating different independent centres of decision-making.
- Decentralisation of power, i.e. power conferred on the institution within the state, is sufficiently dispersed so as to avoid abuse of power.
Conclusion
- In I.R. Coelho vs the State of Tamil Nadu, the Supreme Court held that the principle of constitutionalism is now a legal principle.
- The constitution seeks to decentralise power in India instead of concentrating it at one point. Thus, India does have not only a constitution but also constitutionalism.
Q3. Did the Indian Constitution inherently embody principles and provisions promoting secularism prior to the inclusion of the term “secular” through the 42nd Amendment? Justify. (10 marks)
Model Structure
Introduction
The term 'secular' was explicitly included in the Preamble of the Indian Constitution through the 42nd Amendment in 1976. However, the principles and provisions promoting secularism have been embedded in the Constitution since its inception.
Main Body
Indian Constitution and Secular Principles and Provisions
- Religious Freedom: Articles 25-28 provide the right to freedom of religion to all citizens. These articles ensure that everyone can follow, practice, and propagate a religion of their choice.
- Equality before Law: The Constitution ensures that there is no discrimination on the grounds of religion. Article 14 guarantees equality before the law, and Article 15 prohibits discrimination on religious grounds, promoting the principle of equal citizenship, irrespective of religion.
- Abolition of Untouchability: Article 17 abolishes untouchability. This signifies the Constitution's attempt to reform regressive religious practices.
- No Religious Instructions in State-funded Institutions: Article 28 prohibits the imparting of religious instructions in any educational institution wholly maintained out of State funds. This ensures that the State does not promote any particular religion.
- Cultural and Educational Rights: Articles 29 and 30 provide minorities with the right to conserve their language, script, and culture and establish and administer educational institutions, which effectively ensures the protection of cultural and religious diversity.
- Directive Principles of State Policy: The Constitution, through various Directive Principles of State Policy, like Article 44 advocating for a Uniform Civil Code, envisages a society where religious scripts do not determine laws but are the same for every citizen, irrespective of religion.
Conclusion
While the explicit mention of 'secular' was introduced through the 42nd Amendment, the essence of secularism was always a part of the Indian Constitution. The inclusion of 'secular' in the Preamble merely made explicit what was already implicit.
Q4. The basic structure of the Constitution is an important premise on which many ideals of the Constitution rest. Discuss the historical development of basic structure in India. (10 marks)
Model Structure
Introduction
- Basic structure is an ever evolving concept with features getting added in subsequent court judgments even today. But it first found its shape in Kesavananda Bharati vs State of Kerala case of 1973.
Main Body
- Amendment powers of the parliament was the main thing which led to its origin because these powers were absolute initially as evident in Shankari Prasad case 1951 and Sajjan Singh case 1965.
- Here, Parliament had power to amend any part of the constitution including Fundamental rights.
- Later in the Golaknath case of 1967, the Supreme Court reversed its earlier verdict to take away the power of Parliament to amend Fundamental Rights. This was done by reinterpreting articles 368 and 13 of the Constitution.
- To bypass these judgments, 24th , 25th, 26th and 29th amendments to the Constitution were passed. These amendments were challenged in the Kesavananda Bharati case.
- In this case, relief against restrictions on supervision of religious property was sought under Article 26. The bench ruled by a 7-6 majority that Parliament could amend any part of the Constitution without altering basic structure.
- The term ‘basic structure’ was not defined in this judgment and has evolved since to include federalism, separation of powers, secularism, democracy, independence of the judiciary, rule of law, welfare state, etc.
- But there are some arguments against the basic structure like undemocratic unelected judges having authority to cancel a constitutional amendment.
Conclusion
Indian democracy works on the premise of checks and balances between parliament, executive and judiciary. Thus the basic structure is seen as a safety valve against authoritarian and majoritarian tendencies of the parliament.
Q5. The Preamble reflects the ideals and aspirations of the Indian Constitution. Elaborate. How far have these ideals been achieved? (15 marks)
Model Structure
Introduction:
- Preamble is the ‘identity card of the Constitution’ and offers a ‘key to the minds of the Constitution makers'. Aspirations are goals that the Constitution seeks to achieve and these goals are indicated as ideals in the Preamble.
Main Body:
Preamble reflects these ideals and aspirations in the following ways:
- Preamble is a recognition of the sovereignty of the people. Democracy and Republic are the logical outcomes of the declaration of the people as sovereign.
- Preamble declares India to be a socialist state, reflecting its aspiration for democratic socialism. This is also reflected in DPSPs.
- Preamble announces the secular nature of India, showing the importance given to religious pluralism and multiculturalism.
- Three components of justice: social, economic, and political justice, highlight the aspiration for ensuring distributive justice and extending equal political rights to all citizens.
- Terms like Equality, Liberty etc. prove our aspiration to have an inclusive and sustainable development process. The Constitution seeks to achieve these through fundamental rights and DPSPs.
- Unity, Integrity and fraternity show an aspiration to have a strong India characterised by cooperative federalism and brotherhood among citizens.
Over the years, these ideals and aspirations have guided the nation’s developmental trajectory. India has taken long strides towards these ideals; however, the realisation of these ideals has not been a complete success.
Conclusion
India is on the right path, but constitutional goals are still far away. A more focused approach and improvement in pace are needed to achieve these social, political and economic aspirations.
Mains Focus Group - GS Advance + Write UnLimited (for Mains 2027)
LIVE Answer Writing Sessions