Sources of the Indian Constitution

The Constitution of India is the supreme law of the land and serves as the backbone of the nation’s democratic structure. As the longest written constitution in the world, it not only outlines the powers and duties of the government but also safeguards the rights and freedoms of the citizens. 

The sources of the Indian Constitution are diverse, drawing inspiration from various national and international legal frameworks. Understanding these sources is essential for grasping the constitutional structure and legal principles that govern the world’s largest democracy. 

In this article, we will explore the primary and secondary sources that have contributed to the formation of the Indian Constitution, along with how these sources have influenced its development and application.

Primary Sources of the Indian Constitution

The primary sources of constitutional law in India are the fundamental legal documents that directly form the Constitution itself. These sources can be categorised into the Constitution of India (1950), constitutional amendments, and judicial pronouncements. Let’s take a closer look at each of these sources.

The Constitution of India (1950)

The Constitution of India, enacted on 26th January 1950, is the cornerstone of India’s legal and political system. It is a written and comprehensive document that outlines the framework for governance, the structure of the government, the distribution of powers between various organs of the state, and the rights of citizens. The Indian Constitution has been drafted after careful study and consideration of various international constitutions, adapting them to India’s unique socio-political conditions.

Key Characteristics of the Constitution of India:

• Written and Comprehensive: Unlike many countries, India has a single written document that serves as the law of the land.
• Supreme Law: The Constitution is the supreme law of India. Any law inconsistent with its provisions is considered invalid.
• Incorporates Global Influences: The Constitution draws from various global constitutional experiences, including the British, American, Irish, and Canadian constitutions.
• Flexible Yet Robust: Though it is a written document, the Constitution has been designed to evolve with changing times. Some provisions are flexible and can be amended through ordinary procedures, while others require a more rigorous process.

The Constitution of India consists of a Preamble, 395 Articles, and 8 Schedules. The Preamble, in particular, encapsulates the aspirations of the Indian people and reflects the core values of justice, liberty, equality, and fraternity. These ideals are deeply rooted in the socio-political context of post-independence India, which aimed to secure a democratic republic for its citizens.

Constitutional Amendments

Article 368 of the Indian Constitution provides for its amendment. Amendments are critical sources of constitutional law, allowing the Constitution to adapt to evolving social, political, and economic conditions. The ability to amend the Constitution ensures that it remains relevant and responsive to the needs of the country.

Significant amendments have included:

• Expansion of Fundamental Rights: Over the years, several amendments have been made to enhance the scope and protection of fundamental rights.
• Centre-State Relations: Amendments have been made to clarify and redefine the distribution of powers between the Union and State governments.
• Judicial Review: Amendments have further defined the scope of judicial review, ensuring that the judiciary has the power to review the constitutionality of laws passed by the legislature.

These amendments have contributed to the dynamic nature of the Indian Constitution, making it adaptable while retaining its core principles.

Judicial Pronouncements and Precedents

The judiciary, particularly the Supreme Court of India, plays a pivotal role in shaping and interpreting constitutional law. Judicial pronouncements are crucial sources of constitutional law, as they help clarify the meaning and application of constitutional provisions. The Supreme Court’s decisions on important constitutional matters set precedents that guide future cases.

Landmark Judgments: The Supreme Court’s landmark judgments have helped in the evolution of constitutional law by interpreting the Constitution in light of contemporary issues. Some significant cases include:

• Kesavananda Bharati Case (1973): The Court held that the basic structure of the Constitution cannot be amended, establishing the doctrine of the ‘basic structure’.
• Minerva Mills Case (1980): Reinforced the principle of the balance between Fundamental Rights and Directive Principles of State Policy (DPSPs).
• Maneka Gandhi Case (1978): Expanded the scope of the right to life and personal liberty under Article 21.

Through such judgments, the judiciary not only resolves conflicts in constitutional understanding but also ensures the Constitution remains a living document that adapts to societal changes.

Secondary Sources of the Indian Constitution

In addition to the primary sources, secondary sources of constitutional law have played a significant role in shaping the Indian Constitution. These include historical documents, colonial legal traditions, international conventions, and scholarly writings.

Historical Documents and Legislative Influences

Government of India Act, 1935: The Government of India Act of 1935 was a significant pre-independence legislative document that laid the groundwork for the Indian Constitution. Many provisions of the Indian Constitution were inspired by this Act, particularly in terms of the federal structure and distribution of powers.

Key Features Borrowed from the Government of India Act, 1935:

• Federal Structure: The Act introduced a federal structure of governance, dividing powers between the central and provincial governments. This was carried forward in the Indian Constitution.
• Bicameral Legislature: The Act established a bicameral legislature, which was adopted in the Indian Constitution with the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
• Office of Governor: The position of the Governor in the Indian states is based on the office of the Governor-General under the 1935 Act.
• Public Service Commissions: The Act provided for the establishment of public service commissions, a feature carried over into the Indian Constitution to ensure fair recruitment and promotion in government services.
• Colonial Legal Traditions: The British legal system, with its principles of common law and parliamentary sovereignty, has also influenced the Indian Constitution. The concepts of judicial review, the rule of law, and the separation of powers are deeply rooted in British legal traditions.

International Conventions and Treaties

International legal instruments have also influenced constitutional interpretation in India, even though they are not directly binding on Indian law. Key international conventions such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) have helped shape the human rights framework in India. These documents emphasise the protection of fundamental rights, which are enshrined in the Indian Constitution.

Scholarly Writings and Commentaries

Scholars and legal experts have made substantial contributions to the understanding and interpretation of constitutional provisions. Eminent scholars like M.P. Jain, Granville Austin, and Nani Palkhivala have written extensively on constitutional law, offering insights into the historical context and the evolving nature of the Constitution. Their writings help in interpreting constitutional principles and understanding the broader implications of judicial rulings.

International Sources of the Indian Constitution

Apart from domestic influences, the Indian Constitution has borrowed several features from international constitutions. These sources reflect the country’s aspiration to balance traditional values with modern governance practices.

• United Kingdom: India adopted the Westminster model of parliamentary democracy from the UK, along with the Rule of Law, the bicameral legislature, and the Cabinet system.
• United States: The Bill of Rights in the US inspired India’s Fundamental Rights. The judicial review mechanism and federal structure were also borrowed from the US Constitution.
• Ireland: The Directive Principles of State Policy (DPSPs) in the Indian Constitution were inspired by the Irish Constitution, aiming to guide the government in formulating policies for social welfare.
• Canada: The division of powers between the Centre and States and the concept of emergency provisions in times of crises were influenced by the Canadian Constitution.
• Australia: India borrowed the idea of a Concurrent List, where both the Centre and States share legislative powers over certain matters.
• Germany and Soviet Union: Fundamental duties and social justice provisions in India were influenced by the German and Soviet constitutions, respectively.
• France: The ideals of liberty, equality, and fraternity enshrined in the Preamble of the Indian Constitution were inspired by the French Revolution’s motto.
• South Africa and Japan: The South African Constitution influenced India’s transformative legal principles, focusing on equality and social justice. Japan’s post-war democratic model and its commitment to peace were adopted in the Indian Constitution’s commitment to non-violence.

Conclusion

The sources of the Indian Constitution are diverse, reflecting the country’s unique blend of historical legacies, democratic values, and global influences. The Constitution of India itself serves as the primary source, providing a comprehensive framework for governance. Amendments and judicial pronouncements have further enriched the document, allowing it to evolve with time.

Secondary sources, including historical documents, colonial legal traditions, international conventions, and scholarly writings, have played a crucial role in shaping the Constitution’s provisions. Also, features borrowed from various countries’ constitutions have helped craft a system that is both unique to India and aligned with global democratic principles.

Thus, the Constitution of India is not just a product of one single source but a carefully crafted amalgamation of ideas and experiences from around the world, tailored to meet the specific needs and aspirations of the Indian people.