Indian Constitution

Central idea

On Constitution Day, voices are emerging to replace India’s Constitution, a unique document created through extensive discussion and amendments.

Comparative Constitutionalism:

The comparison with other countries like France, Nepal, Chile, and Uzbekistan highlights India’s distinct process of constitution-making.
Critics label the present Constitution as “colonial,” citing similarities with the Government of India Act 1935, but the historical context and unique influences are acknowledged.

Dr. Rajendra Prasad asserted that India wasn’t bound to adhere strictly to global constitutional categories, emphasizing the influence of India’s historical realities.
The Nehru Report’s significance in shaping constitutional ideals, serving as a foundation for future constitutional struggles.

The challenge lies in addressing criticisms of the Constitution being “colonial” and responding to calls for a rewrite, balancing historical influences with contemporary needs.
Achieving political consensus, as witnessed in the unique drafting process, is a monumental task, especially considering the diverse opinions and interests.

Under Lord Linlithgow’s leadership, a committee drafted the Government of India Act 1935, which was passed by the British Parliament and implemented.
The Act drew from the Simon Commission Report, Round Table Conferences, White Paper of 1933, and Joint Select Committees’ reports to formulate its provisions.

Provisions of the GoI Act, 1935:

All India Federation: Established an All-India Federation comprising British Indian Provinces and Indian States, although its implementation was hindered by lack of princely state participation.
Provincial Autonomy: Introduced provincial autonomy where provinces functioned as autonomous units with responsible governments, though governors retained significant powers.
Division of Subjects: Introduced three lists—Federal, Provincial, and Concurrent—to delineate legislative authority between the Centre and provinces, aiming to clarify jurisdictional matters:

	Description	Example Subjects
Federal List	Subjects of all-India interest requiring uniform treatment across British India. Only the Federal Legislature had the authority to legislate.	Defence, Foreign Affairs, Currency, Railways, Taxes on Income
Provincial List	Subjects of local interest where Provincial Legislatures had exclusive jurisdiction.	Public Health, Police, Local Government, Agriculture, Education
Concurrent List	Subjects of both Provincial and Federal interest, requiring uniformity across the country. Both levels of government could legislate.	Criminal Law, Marriage and Divorce, Bankruptcy, Trusts, Trade Unions

Nehru Report: Draft constitution prepared in 1928 as a response to the challenge posed by Lord Birkenhead, emphasizing fundamental rights and democratic principles.
Government of India Act 1935: Considered by some as a “colonial” precursor to the Indian Constitution, but viewed differently by considering historical context.

The article navigates the complexities of assessing India’s Constitution, acknowledging historical influences while defending its efficiency in serving the nation.
The challenges of potential rewriting are highlighted, emphasizing the need for political consensus and the unique historical context.

The way forward involves careful consideration of the Constitution’s strengths, historical foundations, and the feasibility of rewriting in the context of contemporary needs.
Any potential rewriting should uphold the principles of a “fair measure of general agreement” among India’s diverse population, echoing the spirit of the Nehru Report.