Introduction:
Crafted by the Constituent Assembly, elected to represent undivided India, the Indian Constitution came into effect on January 26, 1950. It reflects the culmination of diverse global perspectives and experiences accumulated during the liberation movement.
Body:
Experiences Gained During the Freedom Struggle:
- Provisions Borrowed from the Government of India Act, 1935: The Indian Constitution extensively incorporates elements from the Government of India Act, 1935, including the federal structure, provincial autonomy, a bicameral central legislature, and the roles of the Governor and the Judiciary.
- Principles Introduced by the Nationalist Movement: The nationalist movement, led by figures like Jawaharlal Nehru, significantly influenced the Constitutional Assembly’s deliberations. Motilal Nehru’s 1928 constitution draft and Nehru’s Objectives Resolution in 1946 laid the foundation for key constitutional principles.
- Emphasis on Democracy and Equal Representation: The freedom movement leaders advocated for democracy, equal representation, and addressing social and political disparities. These ideals aimed at empowering self-governance, including women’s participation.
- Quest for Equality: The need to overcome untouchability, affirmative action, and class divisions fueled a commitment to equality among all citizens, a cornerstone of the Indian Constitution.
- Incorporation of Gandhian Ideals: Mahatma Gandhi’s philosophy, encompassing non-violence, self-sufficiency, and village self-governance, influenced the foundational principles of the Indian Constitution.
Global Outlook and Other Constitutions:
The Indian Constitution draws inspiration from various global experiences:
- Russian Revolution (1917): Influenced ideals of justice in social, educational, economic, and political spheres.
- French Revolution (1789-1799): Inspired the Indian Constitution’s ideals of liberty, equality, and fraternity, and the concept of a republic.
- British Constitution: Contributed elements like the parliamentary form of government, rule of law, legislative procedure, and the principle of procedure established by law.
- United States Constitution: Impacted the Preamble, Fundamental Rights, federal structure, Electoral College, independence of the judiciary, judicial review, and the principle of equal protection under the law.
- Irish Constitution: Inspired the concept of Directive Principles of State Policy.
- Australian Constitution: Contributed ideas about freedom of trade and commerce and the notion of a Concurrent List.
- Weimar Constitution (Germany): Influenced provisions for emergency situations outlined in Article 356.
- Canadian Constitution: Impacted the adoption of a quasi-federal form of government and the retention of residual powers by the central government.
Conclusion:
The Indian Constitution, a result of decades of evolution, embodies cherished values and aspirations. It stands as a testament to the wisdom of its makers, ensuring enduring relevance in contrast to many other constitutions that have faded into history.
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