History Ge Assignment

QUESTION- Discuss about the making of Indian constitution since the colonial times and also
evaluate the functioning of Indian constitution.
ANSWER-
Introduction
The journey toward conceptualizing a Constitution for India can be traced to Mahatma Gandhi’s vision in
1922, which firmly articulated that true independence, or Swaraj, should reflect India’s aspiration for self-
governance, rather than being a mere concession from colonial powers. Gandhi envisioned a framework
that emerged from the collective will of the Indian populace. The growing dissatisfaction with the
Government of India Act of 1935 galvanized the Indian National Congress to assert that any Constitution
must be exclusively crafted by Indians. In 1938, Pandit Jawaharlal Nehru further articulated this vision by
advocating for a Constituent Assembly elected through universal suffrage.
External pressures during World War II led to the British reconsidering their stance on Indian self-rule,
which was evident in the 1942 Cripps Mission. Despite tensions between the Indian National Congress
and the Muslim League, the Constituent Assembly was established in 1946.
The Assembly adopted the Constitution on November 26, 1949, with its governance beginning on
January 26, 1950, marking a crucial milestone in India's quest for self-governance.
FUNCTIONING AND FEATURES
The functioning of the Indian Constitution is guided by the principles and features outlined in its text.
Here's a breakdown of how these elements come together in practice to ensure the smooth functioning of
the Indian democratic system:
• Length and Detail- Being one of the longest constitutions globally, the Indian Constitution
encompasses a comprehensive framework that addresses the varied complexity of Indian
society. It began with 395 articles and 8 schedules, reflecting a commitment to detail.
• Sovereignty in Action- The Constitution empowers the people of India to elect their
representatives at the local, state, and national levels. This is done through elections, ensuring
that the **sovereignty** of the nation rests with its people. The elected representatives from the
government, which functions based on the trust and consent of the citizens.
• Democracy and the Parliamentary System- India operates under a parliamentary system of
government, where the executive (Prime Minister and Council of Ministers) is responsible to the
legislature (Parliament). The President is the ceremonial head of the state, while the Prime
Minister is the real executive authority. The Lok Sabha (House of the People) is directly elected
by the citizens, while the Rajya Sabha (Council of States) represents the states. This ensures that
both the central and state governments are democratically elected and function with the people's
mandate.
• Fundamental Rights and Judicial Safeguards- Citizens are guaranteed Fundamental Rights
such as the right to equality, freedom, and protection from exploitation. These rights are protected
by an independent judiciary, with the Supreme Court and High Courts acting as the guardians of
the Constitution. If any law or action of the government violates these Fundamental Rights,
citizens can approach the courts, which have the power to strike down unconstitutional laws
through judicial review.
Enshrined in Part III, Fundamental Rights are guaranteed to every citizen, encompassing:
- Right to Equality (Articles 14-18)
- Right to Freedom (Articles 19-22)
- Right against Exploitation (Articles 23-24)
- Right to Freedom of Religion (Articles 25-28)
- Cultural and Educational Rights (Articles 29-30)
- Right to Constitutional Remedies (Article 32)
These rights are legally enforceable, ensuring protection against state infringement.
• Secularism in Governance- In practice, the Indian government maintains secularism by

ensuring that no religion is given preference by the state. Laws and policies are made without
religious bias, and the government respects the rights of all religious communities. Citizens are
free to practice and propagate their religion, but religious practices are subject to public order,
morality, and health.
• Federalism with a Strong Centre- The Constitution divides powers between the Centre and the
states. This federal structure ensures that both levels of government have their own areas of
authority (as per the Union, State, and Concurrent Lists). During a national emergency, the
Centre can assume greater control over state affairs. This balance helps maintain the integrity
and security of the nation.
• Directive Principles in Policy Making- Though not enforceable by courts, Directive Principles of
State Policy guide the government in making laws and policies aimed at promoting social and
economic welfare. For instance, laws related to labor welfare, public health, and education draw
inspiration from these principles.
• Independent Judiciary and Judicial Review- The functioning of the Constitution is safeguarded
by an independent judiciary. The Supreme Court and High Courts have the power to interpret the
Constitution and ensure that the laws and executive actions are in line with constitutional
provisions. Judicial review allows courts to declare laws unconstitutional if they violate
Fundamental Rights or other key principles of the Constitution.
• Amendment Process: Adaptability and Stability- The Constitution includes provisions for
amendments (Article 368), allowing it to evolve with changing times. For instance, over 100
amendments have been made to address new challenges or correct issues in the original text.
Major amendments, like the 42nd and 44th Amendments, have been crucial in shaping the
direction of Indian democracy while ensuring that the basic structure of the Constitution remains
intact.
• Universal Adult Franchise and Free Elections- The principle of universal adult suffrage
ensures that every Indian citizen above the age of 18 has the right to vote, making the
government accountable to the people. The Election Commission of India, an independent body,
conducts free and fair elections, further reinforcing the democratic fabric of the nation.
• Emergency Provisions in Action- The emergency provisions of the Constitution have been
invoked several times, notably during the 1975-77 National Emergency. These provisions grant
the central government extensive powers, including suspension of Fundamental Rights and
greater control over state governments. However, after the misuse of emergency powers in the
1970s, amendments were made to limit the arbitrary declaration of emergencies.
• Special Provisions for States- The Constitution acknowledges India's diverse nature by
providing special provisions for certain states (like Nagaland, Mizoram, and previously Jammu
and Kashmir under Article 370). This ensures the protection of the cultural, religious, and social
practices of different regions while maintaining the unity of the nation.
• Checks and Balances (Legislative, Executive, and Judicial Interaction)- The separation of
powers between the legislative, executive, and judiciary ensures a system of checks and
balances. The legislature makes laws, the executive implements laws and the judiciary interprets
them.
CONCLUSION
The Indian Constitution is a dynamic document that synthesizes global influences with indigenous
realities. It effectively champions individual rights while addressing collective societal needs, providing a
solid framework for democracy and social justice. The vision of its architects, particularly Dr. B.R.
Ambedkar, continues to shape an India where the Constitution serves as the supreme law, reflecting the
aspirations of its diverse populace.

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QUESTION- Discuss about the making of Indian constitution since the colonial times and also

evaluate the functioning of Indian constitution.

FUNCTIONING AND FEATURES

- Right to Equality (Articles 14-18)

- Right to Freedom (Articles 19-22)

- Right against Exploitation (Articles 23-24)

- Right to Freedom of Religion (Articles 25-28)

- Cultural and Educational Rights (Articles 29-30)

- Right to Constitutional Remedies (Article 32)

• Secularism in Governance- In practice, the Indian government maintains secularism by

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