Constitutional Developments – KPSC Mains
Introduction
Constitutional development refers to the historical evolution and transformation of a nation’s constitutional framework. In India, this evolution is deeply rooted in colonial legacies, nationalist movements, and post-independence reforms. The Indian Constitution, which came into force on 26th January 1950, is a result of these cumulative developments.
Key Concepts & Stages of Constitutional Development
1. Pre-1858 Phase: Company Rule
- Regulating Act, 1773: First attempt to bring administrative reforms in East India Company’s rule.
- Pitt’s India Act, 1784: Introduced dual government system (Board of Control and Court of Directors).
- Charter Acts (1793–1853): Gradual extension of British control and inclusion of Indians in civil services.
- Government of India Act, 1858:
- Abolished East India Company.
- Established direct control of the British Crown.
2. Indian Councils Acts (1861–1909)
- Indian Councils Act, 1861:
- Introduced legislative councils with limited Indian representation.
- Indian Councils Act, 1892:
- Expanded legislative councils and allowed indirect elections.
- Indian Councils Act, 1909 (Morley-Minto Reforms):
- Introduced separate electorates for Muslims.
- Increased Indian participation in administration.
3. Government of India Acts
- Government of India Act, 1919 (Montagu-Chelmsford Reforms):
- Introduced Diarchy in provinces: division of powers between reserved and transferred subjects.
- Created a bicameral legislature at the center.
- Government of India Act, 1935:
- Proposed All-India Federation.
- Provincial autonomy established.
- Introduced Federal Court (1937).
- Blueprint for the current Indian Constitution.
4. Indian Independence Act, 1947
- Passed by British Parliament.
- Declared India and Pakistan as independent dominions.
- Granted legislative sovereignty to the Constituent Assembly.
5. Constitution of India (1950 Onwards)
- Drafting:
- Constituent Assembly set up (1946).
- Drafting Committee chaired by Dr. B.R. Ambedkar.
- Adopted on 26th November 1949; enforced on 26th January 1950.
- Salient Features:
- Lengthiest written constitution.
- Parliamentary system.
- Fundamental Rights and Duties.
- Directive Principles of State Policy (DPSPs).
- Federal structure with unitary bias.
Challenges & Issues in Constitutional Development
- Colonial Legacy: Arbitrary laws and lack of democratic participation.
- Communal Representation: Separate electorates led to division.
- Slow Democratization: Indian aspirations often overlooked in reforms.
- Federal Tensions: Centre-State conflicts (reorganization, fiscal autonomy).
- Judicial Interpretation: Evolving reading of Fundamental Rights and Basic Structure.
Government Interventions & Schemes
- States Reorganization Act, 1956: Language-based state formation.
- 73rd & 74th Constitutional Amendments (1992): Empowered local self-governments (Panchayati Raj & Urban Local Bodies).
- Right to Education Act (2009): Operationalized Article 21A.
- One Nation One Election Proposal: Under discussion to streamline electoral processes.
Important Committees & Reports
- Simon Commission (1927): Excluded Indians; led to nationwide protest.
- Nehru Report (1928): First Indian attempt to draft a constitution.
- Cripps Mission (1942): Offered dominion status post-WWII.
- Cabinet Mission Plan (1946): Laid groundwork for Constituent Assembly.
- Sarkaria Commission (1983): Reviewed Centre-State relations.
- Punchhi Commission (2007): Strengthened cooperative federalism.
Current Affairs & Relevance
- Article 370 Abrogation (2019): Revoked special status of Jammu & Kashmir.
- Uniform Civil Code (UCC) debates ongoing.
- Judicial Pronouncements:
- Kesavananda Bharati Case (1973): Basic Structure Doctrine.
- Recent EWS Reservation Judgement upheld 10% quota.
- Digital Constitution Awareness Campaigns: Particularly in Karnataka schools and Panchayats.
Examples & Karnataka-Specific Insights
- Mysore Representative Assembly (1881): One of the earliest forms of democratic representation in princely India.
- Karnataka’s proactive implementation of 73rd Amendment:
- Gram Sabhas in Karnataka have been models for community participation.
- Karnataka Lokayukta:
- Empowered under constitutional spirit for probity in governance.
Conclusion & Way Forward
Constitutional development in India showcases a unique journey from colonial subjugation to democratic empowerment. It reflects India’s ability to assimilate diverse ideologies and needs within a single constitutional framework. However, continuous engagement, reforms, and awareness—especially at the grassroots—are necessary for the Constitution to remain a living document. Karnataka’s inclusive and participatory governance structures can serve as a model for other states.
Salient Features of the Indian Constitution – KPSC Mains
(Including Preamble, DPSPs, Indian Federation, and more)
Introduction
The Constitution of India, adopted on 26th November 1949 and enforced on 26th January 1950, is the supreme law of the land. It outlines the political, legal, and administrative framework of the country and serves as a guiding document for governance. Its salient features reflect India’s civilizational ethos and modern democratic values.
Key Features of the Indian Constitution
1. Preamble: The Soul of the Constitution
- Text: “We, the people of India…” emphasizes popular sovereignty.
- Keywords:
- Sovereign: Free from external control.
- Socialist: Aiming for economic and social equality.
- Secular: Equal respect to all religions.
- Democratic: Power rests with people.
- Republic: Elected head of state (President).
- Justice, Liberty, Equality, Fraternity: Guiding ideals.
Significance:
- Acts as the philosophical foundation.
- Aids in interpretation of constitutional provisions (as held in Kesavananda Bharati case, 1973).
2. Lengthiest Written Constitution
- Contains 395 Articles, 12 Schedules, and 100+ Amendments.
- Integrates features from British, American, Irish, and Australian Constitutions.
- Detailed provisions for governance, administration, rights, and duties.
3. Blend of Rigidity and Flexibility
- Some provisions (e.g., Article 368) require special majority for amendment.
- Others can be amended by a simple majority.
- Flexible enough to adapt to changing socio-political needs.
4. Parliamentary System of Government
- Inspired by British model.
- President is nominal head; Prime Minister and Council of Ministers exercise real power.
- Accountable to Lok Sabha.
5. Federal System with Unitary Bias
- Dual polity: Union and State governments.
- Division of powers via Union, State, and Concurrent Lists.
- Unitary features:
- Strong Centre (Articles 249–250, 352–360).
- Single Constitution and citizenship.
- Residuary powers with the Union (Article 248).
Karnataka Context:
- Belagavi border issue with Maharashtra highlights federal tensions.
- Karnataka’s demand for fiscal autonomy in GST matters is a case of evolving federalism.
6. Fundamental Rights (Part III, Articles 12–35)
- Ensures individual liberties.
- Six major rights:
- Right to Equality.
- Right to Freedom.
- Right against Exploitation.
- Right to Freedom of Religion.
- Cultural & Educational Rights.
- Right to Constitutional Remedies.
Notable Case: Maneka Gandhi v. Union of India widened the scope of Article 21.
7. Directive Principles of State Policy (Part IV, Articles 36–51)
- Inspired by Irish Constitution.
- Non-justiciable, but fundamental to governance.
- Aim at economic and social democracy.
- Categories:
- Gandhian (Article 40: Panchayats),
- Liberal-Intellectual (Article 44: Uniform Civil Code),
- Socialist (Article 39(b): Equal distribution of wealth).
Karnataka Implementation:
- Grama Swaraj through effective Panchayati Raj Institutions.
- Karnataka State Policy for Senior Citizens aligns with DPSPs.
8. Fundamental Duties (Article 51A)
- Added by 42nd Amendment (1976).
- 11 duties like respecting national symbols, promoting harmony, safeguarding public property, etc.
- Emphasis on civic nationalism and responsible citizenship.
9. Independent Judiciary with Judicial Review
- Supreme Court as guardian of Constitution (Article 32, 136).
- Power to declare laws unconstitutional.
- Basic Structure Doctrine (Kesavananda Bharati case).
10. Universal Adult Franchise
- Right to vote for all citizens 18 years and above, irrespective of caste, gender, religion, etc.
- Ensures political equality.
11. Single Citizenship
- Unlike the federal U.S., India provides for single citizenship.
- Promotes national unity.
12. Emergency Provisions (Articles 352–360)
- National Emergency (Article 352),
- President’s Rule (Article 356),
- Financial Emergency (Article 360).
13. Bicameral Legislature
- At the Centre: Lok Sabha and Rajya Sabha.
- In States: Some like Karnataka have Legislative Councils (Vidhan Parishad).
Karnataka’s Bicameral Setup:
- One of the few states with a permanent Legislative Council.
- Helps in scrutiny of bills and policies.
14. Special Provisions for States
- Article 371(J): Special status to Hyderabad-Karnataka (Kalyana Karnataka) region for equitable development.
- Karnataka has implemented local reservation in education and jobs.
Relevant Committees & Reports
- Swaran Singh Committee (1976): Recommended inclusion of Fundamental Duties.
- Sarkaria Commission (1983): Strengthening Centre-State relations.
- Punchhi Commission (2007): Advocated for cooperative federalism.
Current Affairs & Relevance
- Uniform Civil Code (UCC) in discussion, especially post Uttarakhand UCC Bill.
- Basic Structure doctrine reaffirmed in EWS Reservation Case (2022).
- Karnataka’s role in NITI Aayog’s Good Governance Index is a reflection of constitutional ideals in practice.
Case Studies & Karnataka Examples
- Case Study: Grama Panchayat System in Karnataka:
- Karnataka is among the leaders in empowering local bodies.
- Implemented e-Governance in Panchayats through e-Grama project.
- Kalyana Karnataka Development Board (KKDB):
- Based on Article 371(J) to bridge regional disparities.
Conclusion & Way Forward
The Indian Constitution reflects the country’s diverse aspirations and unity in diversity. While it has successfully anchored India’s democratic journey, emerging challenges like federal tensions, judicial overreach, and inequality need continuous engagement and reform. States like Karnataka have demonstrated that progressive implementation of constitutional provisions can lead to inclusive and empowered governance.
