75 Years of the Indian Constitution

Table of Contents

Introduction

November 26, 1949, marks a defining moment in Indian history as the Constituent Assembly finalized the Indian Constitution.
75 years later, this monumental document continues to stand as the cornerstone of the world’s largest democracy.
The longevity of India’s Constitution, far exceeding the global average lifespan of 17 years, is a testament to its robust design and adaptability.
Unlike neighboring nations such as Sri Lanka, Pakistan, and Nepal, which have replaced their constitutions multiple times, India’s has endured, embodying the vision and foresight of its founding fathers.

The Government of India Act, 1935: This Act was a British attempt to provide a constitutional framework for India. However, it was widely criticized by Indian leaders, particularly the Indian National Congress, for perpetuating colonial dominance rather than empowering Indians. It was rejected in 1936 as exploitative and inadequate.
The Cabinet Mission Plan, 1946: This plan laid the groundwork for the Constituent Assembly. It proposed a representative body with members from the Indian National Congress, the Muslim League, and princely states, ensuring inclusivity in drafting the Constitution.
The Constituent Assembly: The Constituent Assembly held its first session on December 9, 1946. Over the next three years, it meticulously debated and drafted a Constitution that would unite a diverse nation.
- The Assembly had 389 members, including prominent leaders like Dr BR Ambedkar, Jawaharlal Nehru, and Sardar Patel.
- The Assembly met for the first time on December 9, 1946, and was presided over by Dr Prasad.
- The final document consisted of 243 articles and 13 schedules, blending modernity with India’s rich traditions.

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BR Ambedkar is regarded as the chief architect of the Constitution.
India’s first president Rajendra Prasad was the first person to sign the document 75 years ago.
Indian Constitution’s first copy was handwritten by Prem Behari Narain Raizada and published by him in Dehradun.
Every page was decorated by artists from Shantiniketan, including Beohar Rammanohar Sinha and Nandalal Bose.
It took two years, 11 months and 18 days to complete the final draft. At present, it contains 395 Articles and 12 Schedules. The Constitution has been amended 106 times so far.
Fifteen women were a part of the Constituent Assembly like G Durgabai, Ammu Swaminathan, Begum Aizaz Rasul and Dakshyani Velayudhan during its entire tenure.
The Constituent Assembly met for the first time in Delhi on December 9, 1946, in the Constitution Hall, now known as the Central Hall of old Parliament House — called Samvidhan Sadan.

Parliamentary System: India adopted a parliamentary system of governance, aligning with its historical traditions and emphasizing collective decision-making and accountability.
Federal Structure with a Unitary Bias: The Constitution established a federal framework, dividing powers between the Union and the states. However, it grants overriding authority to the Union in critical situations, ensuring national unity.
Detailed and Written Framework: Unlike the unwritten conventions of countries like the UK, India’s Constitution provides an exhaustive blueprint for governance, defining the roles and responsibilities of the executive, legislature, and judiciary.
Fundamental Rights and Directive Principles: The Constitution enshrines Fundamental Rights, safeguarding individual liberties, and Directive Principles of State Policy (DPSP), which guide the government in achieving socio-economic justice and equity.

Strengthening Democracy: The Constitution transformed India into a sovereign, socialist, secular, and democratic republic. It institutionalized a governance system that ensures checks and balances among the executive, legislature, and judiciary.
Safeguarding Individual Rights: The Fundamental Rights enshrined in the Constitution have played a pivotal role in protecting individual freedoms and promoting equality, empowering citizens and marginalized groups alike.
Driving Social Transformation: The Constitution has been a powerful tool for affirmative action and social reform. It has driven movements for equality, addressing deep-rooted social hierarchies, and promoting justice.
Fostering Constitutional Literacy: Over the years, the Constitution has nurtured a culture of civic responsibility. Public debates, such as those around the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC), reflect its continued relevance in shaping public discourse.

Decline in Press Freedom: India’s ranking of 159 out of 180 in the 2024 World Press Freedom Index highlights concerns over declining freedom of expression and increasing restrictions on the media.
Suppression of Individual Liberties: The misuse of draconian laws like the Unlawful Activities (Prevention) Act (UAPA) has been flagged by civil society as a threat to dissent and personal freedoms. High-profile cases, including those of Father Stan Swamy and Umar Khalid, underscore these concerns.
Weakening of Democratic Institutions: Critics point to the politicization of key institutions such as the Election Commission and investigative agencies, which undermines their credibility and independence.
Reduction in Parliamentary Debates: The decline in meaningful discussions within Parliament and growing questions about judicial independence pose serious threats to the democratic fabric.
Corporate-Driven Policies: Critiques of government policies highlight their alignment with corporate interests, often at the expense of marginalized communities. For instance, the implementation of labor codes, forced land acquisitions, and the repression of farmers have drawn significant criticism.

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Limiting State Power: The Constitution must continue to act as a check on state authority, safeguarding individual freedoms and ensuring a balance of power.
Strengthening Democracy Beyond Elections: True democracy extends beyond electoral victories. It encompasses free speech, transparency, accountability, and adherence to constitutional principles.
Adhering to Directive Principles: Governments must actively implement the Directive Principles of State Policy to achieve inclusive growth and social welfare.
Protecting Institutional Integrity: The independence of democratic institutions like the judiciary and the Election Commission must be preserved to maintain public trust and accountability.
Fostering Civic Engagement: The Constitution’s success depends on active participation by citizens. Constitutional literacy and civic awareness must be promoted to ensure its ideals remain alive in public consciousness.