India After Independence 

Chapter 1 to 5

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Harshit Sharma

Political Science (BHU)

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Table of Contents

CH1.  Introduction

  • India’s independence marked the beginning of a new era with a vision to overcome colonial legacies.
  • The country aimed to address economic underdevelopment, poverty, illiteracy, disease, and social inequality.
  • 15 August 1947 signified the end of colonial political control, initiating a process to fulfill freedom struggle promises and meet people’s hopes.
  • Nation-building was approached with determination and confidence, as reflected in Jawaharlal Nehru’s ‘Tryst with Destiny’ speech.
  • There was broad social consensus on nationalism, secularism, democracy, rapid economic development, and radical social change.
  • The national movement had mapped out these values and goals over seventy years.
  • Continuous widening and building upon this consensus were recognized as crucial.
  • Nehru played a significant role in shaping and promoting these ideas.

The Basic Goals

  • The primary task was to preserve and strengthen India’s unity and build a national state for development and social transformation.
  • India’s unity required recognition of its regional, linguistic, ethnic, and religious diversity.
  • The concept of Indianness needed continuous redefinition to accommodate multiple identities and regional interests.
  • Secularism was essential for building a society and state, despite the Partition and ensuing riots.
  • Economic and social transformation were necessary beyond mere political changes.
  • India aimed to raise technological and productivity levels in agriculture and industry.
  • The economy was to be based on self-reliance, with planning and a large public sector rather than just market forces.
  • India sought to develop an integrated national economy with an indigenous industry focusing on the domestic market.
  • Social transformation was crucial, addressing caste system dominance, male domination, and women’s oppression.
  • Despite lower caste movements and campaigns against untouchability, significant social inequalities persisted.
  • The founders of the Republic committed to building a democratic and civil libertarian society among an illiterate population.
  • Economic development and democracy were to coexist within a democratic political structure with free and fair elections.
  • The state aimed to minimally interfere with rival civil power sources like universities, the Press, and trade unions.
  • The leadership rejected the ‘rice-bowl theory’, affirming that democracy must address basic needs like food, clothing, and shelter.
  • Democracy was seen as essential for national integration and social change, with the hope that the poor would use their vote to influence social order.
  • Economic development and democratic order required rapid social transformation to eliminate inequalities and raise living standards.
  • The transformation was to be broadly socialist but not Soviet-style Communism.
  • A broad social consensus was necessary to achieve the freedom struggle’s vision and democratic objectives.
  • Rising expectations of prosperity, equity, and equality had to be met swiftly, avoiding gaps between expectations and fulfillment.
  • The goal was to achieve in decades what others took a century or more to accomplish, through democracy and accommodating diverse interests.
  • Agrarian reforms, state planning, and a strong public sector were key instruments.
  • Political stability was crucial for achieving these tasks, combining stability with growth, social transformation, and political deepening.
  • The revolution aimed to be gradual, non-violent, and based on political stability.

A Troubled Democracy

  • Since 1947, doubts have been expressed about India’s ability to sustain development, democracy, and societal design.
  • Critics have predicted that freedom, democracy, and socialism would not last, and that India might disintegrate into linguistic and ethnic fragments.
  • Concerns included India’s diversity, poverty, social inequality, unemployment, and socio-economic problems undermining unity and democratic institutions.
  • The rise of regional parties in the 1960s and later decades fueled speculation about India’s disintegration.
  • Critics renewed their doubts during crises such as wars, political upheavals, and violence.
  • Selig S. Harrison predicted in 1960 that India’s freedom and survival were in jeopardy.
  • Neville Maxwell declared in 1967 that India’s democratic experiment had failed and anticipated the end of elections.
  • The imposition of the Emergency was seen by some as a sign of India’s political future and a permanent eclipse of democracy.
  • Some argued that India’s political system could not achieve developmental goals without coercion or dictatorship.
  • Left-wing sceptics believed that only violent revolution could lead to social, economic, and political development.
  • They anticipated a peasant or worker-peasant-based revolution to overthrow capitalism, feudalism, and bourgeois democracy.
  • Predictions included the Green Revolution leading to further inequality and dependency, with India entering neo-colonialism.
  • Critics who did not share this scepticism were often labeled as apologists or sentimentalists.
  • Observers puzzled over India’s success despite failures in land reforms, industry growth, population control, and social inequalities.
  • They noted issues such as caste oppression, discrimination, a dysfunctional education system, and corruption.
  • Democracy in India had been indigenized through the freedom struggle and modern intelligentsia.
  • While the prophets of doom were often right in their criticisms, many analysts see India facing a ‘crisis of governability’.
  • These analysts argue for structural and institutional changes, advocating radical reforms based on Gandhian and Nehruvian principles.

Political Leadership

  • India’s survival and growth as a nation and democracy depended on long-term socio-economic and political forces, as well as the quality of its leaders.
  • Early progress benefited from the high calibre of leaders who were dedicated, imaginative, and idealistic.
  • These leaders enjoyed significant popular support, effectively communicated national goals, and reflected people’s aspirations.
  • They had confidence in democratic institutions and depended on them for legitimacy and power.
  • Leaders were skilled in negotiating diverse interests, working consensually, and taking a long-term national view.
  • High-quality leadership was evident not only in the Congress party but also in other groups: C. Rajagopalachari (Swatantra), J.B. Kripalani (dissident Congress), Shyama Prasad Mookerjee (Hindu communalists), B.R. Ambedkar (non-Congress dalits), Acharya Narendra Dev and Jayaprakash Narayan (Socialists), P.C. Joshi, Ajoy Ghosh, and E.M.S. Namboodiripad (Communists).
  • In recent decades, a decline in the quality of political leadership has been noted, with fewer leaders possessing broad appeal or vision.
  • Post-Indira Gandhi, political leadership has increasingly focused on regional, religious, or caste-based appeal.
  • Many Indians have sought broader, all-India leadership, while others have aligned with leaders and parties pursuing populist, opportunist, or communal politics.

Our Approach

  • This work narrates the story of India’s gradual revolution and efforts to realize the freedom struggle’s vision.
  • Writers have aimed for cool, dispassionate analysis but may reflect personal passion and biases.
  • The approach is critical yet broadly optimistic.
  • 1947 marked the beginning of change and development, with new problems emerging from these changes.
  • Gandhiji predicted that post-independence, societal weaknesses would surface but believed in solving them with balance.
  • Historians will assess how well aspirations for national unity, democracy, secularism, economic development, equality, and poverty reduction have been fulfilled.
  • In the early years of the Nehru era, there was optimism and a sense of achievement, reflected in Nehru’s confident communications.
  • Nehru was optimistic due to progress in individual freedom, social justice, popular participation, planned development, and national self-reliance.
  • Despite hopes for more progress, optimism remained during the Nehru and early Indira Gandhi years but gradually gave way to frustration and cynicism.
  • Significant achievements justify hope and confidence in India’s future.
  • Verrier Elwin’s optimism about India, despite criticism and problems, reflects the sentiment of the authors.
  • Gopal Krishna Gokhale’s view suggests accepting current failures as part of the progress and trusting future generations to achieve greater successes.

CH2. The Colonial Legacy

Basic Features

  • India’s colonial past significantly impacted its development since 1947.
  • British rule transformed India but led to ‘development of underdevelopment’ as described by A. Gunder Frank.
  • Changes in agriculture, industry, transport, finance, administration, and education were often positive but were part of the colonial framework, resulting in continued underdevelopment.
  • The colonial economic structure created poverty and dependence on Britain.
  • Four basic features of the colonial structure:
    • Integration of India’s economy with the world capitalist system in a subservient position.
    • Production of raw materials for Britain and import of British manufactured goods, with India’s foreign trade reflecting this colonial pattern.
    • Low net savings and capital formation in the Indian economy from 1914 to 1946 compared to later years.
    • Significant appropriation of social surplus by colonial state and indigenous landlords, with minimal investment in development.
  • The ‘Drain’ involved unilateral transfer of social surplus and potential capital to Britain, with no equivalent returns.
  • The colonial state played a crucial role in maintaining the colonial structure, with policies favoring British interests and denying support to Indian industry and agriculture.
  • Limited tariff protection was granted to Indian industries under national movement pressure but was generally inadequate.
  • The colonial state focused on meeting British administrative and trade needs, with minimal spending on agriculture, industry, or social infrastructure.
  • Public revenue was largely absorbed by military expenditure and civil administration.
  • The tax structure was inequitable, with peasants burdened by heavy land and salt taxes while upper-income groups paid minimal taxes.
  • By 1946-47, the number of income-tax payers was low, and land revenue and salt tax contributed significantly to total tax revenue earlier in the twentieth century.

Economic Backwardness

  • Colonialism hindered India’s agricultural and industrial development.
  • Agriculture stagnated, leading to extremely low yields and a decline in per capita agricultural production by 14% between 1901 and 1941.
  • Per capita foodgrain production fell by over 24%.
  • Agrarian structure became dominated by landlords, moneylenders, merchants, and the colonial state.
  • By the 1940s, landlords controlled over 70% of the land, and along with moneylenders and the colonial state, they appropriated more than half of the total agricultural production.
  • Colonial state focused on collecting land revenue and invested very little in improving agriculture.
  • Landlords and moneylenders found rack-renting and usury more profitable than productive investment in land.
  • Capitalist farming developed slowly and only in a few pockets.
  • Landlessness increased, with the number of landless agricultural laborers growing from 13% in 1871 to 28% in 1951.
  • Agricultural holdings became subdivided into small, fragmented parcels, leading to uneconomic cultivation.
  • Commercialization of agriculture diverted resources from food crops to commercial crops but did not lead to improved technology or capitalist farming.
  • Indian peasants continued using primitive agricultural implements and techniques, with limited use of improved seeds and fertilizers.
  • Agricultural education was neglected, with only 9 agricultural colleges and 3,110 students in 1946.
  • Irrigation saw some progress, with 27% of the cultivated area irrigated by the 1940s, but the overall modernization of agriculture was lacking.
  • Indian handicraft and artisanal industries collapsed due to competition from cheaper British imports and free trade policies.
  • Modern industries developed in India but remained stunted and concentrated mainly in cotton, jute, tea, sugar, cement, and paper.
  • By 1946, cotton and jute textiles accounted for 30% of factory workers and 55% of the total value added by manufacturing.
  • Industrial development did not compensate for the loss of handicraft industries and was limited compared to developed countries.
  • India lagged in the development of electric power, with underdeveloped banking and insurance sectors.
  • Capital goods and machine industries were virtually absent, with India relying on imports for 90% of its machine tools in 1950.
  • High rural-urban population ratio reflected economic backwardness, with 82.3% of the population rural in 1951.
  • Foreign capital dominated industries like coal mining, jute, shipping, banking, insurance, and tea plantations until the late 1930s.
  • Lopsided industrial development led to regional disparities in income and integration.
  • Positive changes in the 1930s and 1940s included the growth of transport and communication, with 65,000 miles of paved roads and 42,000 miles of railway track by the 1940s.
  • Railways primarily served to link raw material-producing areas with export ports, benefiting British industries rather than promoting Indian industrialization.
  • India developed a small Indian-owned industrial base in consumer industries like cotton, jute, sugar, soap, paper, and matches.
  • Intermediate capital goods industries like iron and steel, cement, basic chemicals, metallurgy, and engineering emerged on a small scale.
  • By 1947, India had a core of scientific and technical manpower but lacked adequate facilities for technical education, with only 7 engineering colleges and 2,217 students in 1939.
  • A strong indigenous capitalist class emerged after 1914, with an independent economic and financial base, controlling 60% of large industrial units by the end of World War II.
  • Indian capitalists were more enterprising than foreign capitalists, leading to faster investment growth under Indian capital.
  • Indian capital also made significant progress in banking and life insurance, with Indian joint-stock banks holding 64% of bank deposits and Indian-owned life insurance companies controlling 75% of life insurance business by 1947.
  • The small-scale industrial sector, based almost entirely on Indian capital, generated more national income than the large-scale sector.
  • Despite these positive features, Indian industry and capitalism remained stunted and limited due to the colonial economy.
  • Industrialization occurred without an industrial revolution, and economic development was hindered by colonial policies.
  • The economic legacy of colonialism included stagnating per capita income, extreme poverty, disease, and widespread famines.
  • The 1943 Bengal famine claimed nearly 3 million lives, highlighting the severe impact of colonial underdevelopment.
  • Per capita income stagnated throughout the 20th century, with the annual death rate at 25 per 1,000 and infant mortality between 175 and 190 per 1,000 live births during 1941-50.
  • Epidemics and diseases like smallpox, plague, cholera, dysentery, diarrhoea, malaria, and other fevers claimed millions of lives each year.
  • Health services were inadequate, with only 10 medical colleges, 18,000 graduate doctors, and 1,915 hospitals with 116,731 beds in 1951.
  • Modern sanitation and water supply systems were largely absent in villages and many towns, with electricity limited to urban areas.
  • Education was neglected, with an 84% illiteracy rate in 1951, including 92% among women, and limited access to schools.
  • Income inequality and lack of opportunities left a vast human potential untapped in societal development.
  • Population growth was not the primary cause of poverty, as the annual growth rate was only about 0.6% between 1871 and 1941.
  • The economic legacy of colonialism was marked by stagnating per capita income, low standards of living, stunted industrial development, and stagnating, low-productivity, semi-feudal agriculture.

The Colonial State

  • The British established a general educational system in India based on English, leading to a unified intelligentsia capable of critiquing colonialism.
  • English-based education created a wide gulf between the educated and the masses, persisting into independent India.
  • Emphasis on English hindered the development of Indian languages and the spread of education to the masses.
  • The colonial educational system encouraged rote learning, memorization, and authoritative proof, limiting critical thinking and independent thought.
  • There was a neglect of mass education and scientific and technical education, with minimal focus on girls’ education.
  • The colonial state was authoritarian but featured liberal elements like the rule of law and an independent judiciary, partially checking arbitrary administration.
  • Laws were often repressive and left significant power in the hands of civil servants and police.
  • The legal system promised equality but was biased against Europeans and favored the wealthy.
  • Civil liberties such as freedoms of the Press, speech, and association were curtailed during periods of mass struggle.
  • The British initially resisted representative governance but introduced elections and legislatures under pressure, with narrow franchise and limited legislative power.
  • Legislatures exposed the authoritarian nature of colonial government and provided experience in representative institutions for Indians.
  • The colonial state unified India politically and administratively, creating a single administrative entity and a unified economy.
  • Despite unification, the British practiced divide and rule, exacerbating social and regional cleavages, leading to India’s Partition.
  • The British ruled through a modern, efficient bureaucracy with Indian Civil Service (ICS) members gradually Indianized, but control remained largely British.
  • The ICS was rule-bound and honest at the top, but lower levels of administration experienced corruption, especially during the Second World War.
  • The British left behind a strong but costly armed force, kept separate from national life, and apolitical in nature.
  • Rabindranath Tagore criticized the legacy of British rule, lamenting the stark misery left behind in India.

CH3. The National Movement and its Legacy

Character of the National Movement

  • An analysis of post-1947 India requires appreciation of the hundred-year-old freedom struggle.
  • India inherited economic and administrative structures from precolonial and colonial periods, but values and ideology for nation building came from the national movement.
  • The national movement included various political trends committed to ideological goals, excluding communalists and colonial loyalists.
  • These ideals reached beyond intellectuals and middle classes, influencing common people in both urban and rural areas.
  • Ideals from the freedom struggle played a critical role in integrating and sustaining Indian society and polity.
  • The freedom struggle was one of the greatest mass movements in history, involving widespread political action.
  • Gandhi emphasized that mass movements are created by people, with leadership quality being crucial for success.
  • Satyagraha relied on active participation and support of the majority, unlike violent revolutions that could be led by a minority.
  • Founders of the Indian Republic, having experienced mass political participation, trusted in the political capacity of the people and introduced adult franchise despite poverty and illiteracy.
  • The national movement was committed to representative democracy and civil liberties, integrating these into Indian political thinking.
  • The movement popularized democratic ideas and parliamentary institutions and fought for adult franchise and protection of Press and speech freedoms.
  • Congress ministries of 1937 extended civil liberties to various movements and radical groups.
  • The Indian National Congress, since 1885, functioned democratically with policies formed through discussion, debate, and voting.
  • Key decisions in Congress history were made after extensive debate and voting.
  • Congress allowed dissent and different opinions, making democratic functioning a part of its style.
  • Other political organizations also functioned democratically, including Congress Socialist party, trade unions, and various associations.
  • Major leaders like Tilak and Gandhi were committed to civil liberties and democratic values.
  • Gandhi saw liberal democratic structures as inadequate for people’s control over power but was committed to civil liberties.
  • Nehru emphasized that suppression of civil liberties weakens a nation’s vitality.
  • The Karachi Congress resolution of 1931 guaranteed rights of free expression and association.
  • The national movement emphasized non-violence, discussion, and debate over violence and authoritarianism.
  • Civil liberties were defended across political trends, with diverse groups supporting each other’s rights.
  • The national movement indigenized and popularized democratic values, contrasting with colonial resistance to democracy.
  • Democracy and civil liberties became integral to Indian political ethos through the national movement, reflected in the Indian Constitution.
  • The tradition of democracy and civil liberties helped India maintain a democratic polity despite societal divisions.
  • The political culture that led to Pakistan lacked a strong tradition of civil liberties and democratic functioning, impacting its democratic trajectory.
  • The nationalist movement created an alternative political culture based on democracy and civil liberties, contrasting with precolonial and colonial authoritarianism.

Economic Underpinnings of the National Movement

  • The Indian national movement developed a critique of India’s colonial economy, focusing on its subordination to British economic needs.
  • This critique led to a broad economic strategy to address India’s backwardness and underdevelopment, shaping post-independence economic thinking.
  • The vision of self-reliance was popularized, defined as avoiding a subordinate position in the world economy rather than complete autarchy.
  • Jawaharlal Nehru emphasized that self-reliance should not exclude international trade but should avoid economic imperialism.
  • Nationalists aimed for economic development through modern agriculture and industry, stressing the need for industrialization to prevent underdevelopment.
  • Industrial development was linked to rural development, with a focus on creating an indigenous heavy capital goods sector and supporting small-scale and cottage industries.
  • The unrestricted entry of foreign capital was opposed as it suppressed Indian capital; self-reliant development was preferred through indigenous capital, with foreign capital used to supplement efforts.
  • The national movement sought a restructuring of agrarian relations, advocating for the abolition of intermediaries like zamindars and promoting peasant proprietorship.
  • An active state role in economic development was envisaged, with comprehensive policy and state intervention needed for rapid industrialization.
  • The 1931 Karachi Congress resolution supported state ownership or control of key industries, services, and resources.
  • The National Planning Committee was sponsored in 1938 to promote planning, while the Bombay Plan was formulated by Indian capitalists in 1943.
  • Gandhi initially disagreed with the focus on modern industry but later accepted it, provided that large-scale industries were state-controlled.
  • Gandhi’s economic approach was integrated into the nationalist agenda, influencing the Nehruvian Second Five Year Plan.
  • The national movement had a pro-poor orientation, with early critiques of colonialism highlighting poverty as a central issue.
  • Socialist ideas gained prominence in the late twenties, with figures like Nehru and groups such as the Congress Socialists, Communists, and Revolutionary Terrorists advocating for a socialist vision.
  • Although Congress did not fully adopt socialism, it aimed for an egalitarian society with equal opportunities and a civilized standard of life.
  • Socialist influence led to a radical orientation within the movement, focusing on equity, social justice, and economic equality.
  • The radical program included compulsory primary education, tax reductions for the poor, land reforms, debt relief, worker rights, and the protection of tenants’ rights.
  • The 1931 Karachi resolution emphasized that political freedom must include economic freedom for the masses.
  • Gandhi’s radical stance in 1942 declared that land belongs to those who work on it.
  • The movement opposed inequality and discrimination based on sex and caste, aligning with movements for the social liberation of women and lower castes.
  • The national movement advanced women’s rights, including work, education, and political rights, and prioritized the abolition of untouchability.
  • Despite lacking a strong anti-caste ideology, the movement’s efforts facilitated the introduction of reservations for Scheduled Castes and Tribes and the passage of the Hindu Code Bills in the fifties.

Secularism

  • From its early days, the national movement was committed to secularism, defined as the separation of religion from politics and the state, and equal respect for all religions.
  • Secularism included treating religion as a private matter, ensuring no discrimination based on religion, and actively opposing communalism.
  • The 1931 Karachi resolution declared freedom of conscience, equal rights irrespective of caste, creed, or sex, and state neutrality towards all religions.
  • Gandhi, initially emphasizing the connection between religion and politics due to his belief in morality as a basis for politics, eventually advocated for the separation of religion from politics.
  • Gandhi acknowledged in 1942 and 1947 that religion should be a personal matter and not involved in politics or national affairs.
  • Jawaharlal Nehru viewed communalism as a form of fascism and spoke passionately against it, critiquing British rule on economic, political, social, and cultural grounds rather than religious ones.
  • The national movement struggled to counter communalism effectively, contributing to the Partition and communal violence of 1946-47.
  • Despite these challenges, the secular commitment of the national movement led to secularism becoming a fundamental aspect of India’s Constitution and state and society.

Nation-in-the-making

  • The national movement recognized India as a nation-in-the-making and aimed to promote nation-formation through the common struggle against colonialism.
  • The movement acknowledged colonialism’s role in unifying India economically and administratively but criticized its divisive political tendencies.
  • The Indian National Congress was founded in 1885 as a nation-wide organization, emphasizing all-Indianness and political mobilization on all-India demands.
  • The Congress drew its leadership, appeal, and audience from all over India, stressing the unity and integrity of the country.
  • The alliance of state peoples’ movements within the all-India national movement facilitated the integration of princely states post-independence.
  • Other political parties and mass organizations also embraced all-Indianness, not just the Congress.
  • Nationalist leaders valued India’s cultural, linguistic, religious, ethnic, and regional diversity, seeing it as a source of strength rather than an obstacle.
  • Regional and cultural identities were considered complementary to the emerging national identity and not opposed to it.
  • The national movement did not hinder class organizations or struggles but aimed to unify Indian society despite class divisions.
  • The movement evolved the concepts of unity in diversity and national integration, with unity based on cultural diversity and federal polity, and integration focusing on a strong political center and composite Indian culture.

Foreign Policy

  • Independent India’s foreign policy was rooted in the principles and policies developed by the nationalists since the 1870s.
  • Indian leaders developed a broad international outlook based on opposition to colonialism and support for peoples fighting for independence.
  • In the 1930s and 1940s, the national movement took a strong anti-fascist stance.
  • Gandhi condemned Hitler for the genocide of the Jews and, for the first time, condoned violence in 1938, stating that a war against Germany to prevent persecution would be justified.
  • Jawaharlal Nehru expressed the nationalist approach to world problems in his 1936 Lucknow Congress address, aligning with progressive forces against fascism and imperialism.
  • Indian nationalism was not chauvinist or jingoist, avoiding reverse racism despite opposing British racism.
  • The movement trained its cadre to avoid hatred or bitterness towards the British people while opposing British imperialism.

Political Norms

  • In a mass-based struggle, ideology and its influence are critical, yet a movement must accommodate diverse political and ideological currents to mobilize millions.
  • The movement must be disciplined and strong but cannot afford to be monolithic or authoritarian.
  • Congress was highly ideological and disciplined but also open-ended and accommodative, representing the Indian people and not just one class or stratum.
  • Congress succeeded in uniting individuals with different ideologies and capacities for broad common objectives and principles.
  • It functioned democratically, allowing constant public debate and contention between divergent political-ideological tendencies.
  • The majority view prevailed, but minorities remained part of the movement, with even external groups forming complex and friendly relationships with Congress.
  • Communal, casteist, and loyalist parties were the only ones to adopt an adversarial approach towards Congress.
  • The national movement bequeathed a political tradition of compromise, accommodation, and reconciliation, which Nehru used in post-independence national policy formation.
  • The movement set high political norms and standards, exemplified by leaders with moral integrity and commitment, which helped mobilize millions.
  • The movement maintained harmony between means and ends, evolving and changing with the times and adapting to the urges of the masses and colonial policies.
  • The legacy of the national movement includes commitment to political and economic independence, modern economic development, ending inequality and oppression, representative democracy, civil liberties, internationalism, and an independent foreign policy.
  • Independent India has largely remained loyal to this legacy, reflected in the Constitution and political party manifestos.
  • The legacy endures but must be reinforced, developed, and transcended creatively to remain relevant in changing circumstances.

CH4. The Evolution of the Constitution and Main Provisions

  • The Constitution of India came into force on 26 January 1950, celebrated as Republic Day.
  • Before 1950, 26 January was known as Independence Day, marking the day people took the independence pledge from 1930 onwards.
  • The new republic’s establishment on 26 January signified continuity from the independence struggle to the Constitution.
  • The evolution of the Constitution began decades before 1950, rooted in the independence struggle and movements for responsible government in princely states.
  • The national movement’s key contribution was its practical political experience, promoting parliamentary democracy, republicanism, civil liberties, and social and economic justice.
  • The idea of a parliamentary form of government was introduced through the Indian National Congress’s structure, which resembled a parliamentary system.
  • The Congress organization, post-1920, followed the elective principle, with office-bearers chosen through elections, mirroring the parliamentary system.
  • The Indian Constitution’s adoption of a parliamentary system formalized practices already familiar to people from the nationalist movement.
  • The spirit of democracy, emphasized by the national movement, laid the foundation for the Constitution, including adult franchise and mass participation.
  • Gandhiji’s struggle, including entrusting parts of the Civil Disobedience movement to women, made it implausible to deny women the vote in 1950.
  • The struggle for press freedom, notably led by Lokamanya Tilak, ensured freedom of expression as a fundamental right in the Constitution.
  • Newspapers like Leader, Amrita Bazar Patrika, and others functioned as unpaid organs of the national movement, reinforcing the importance of press freedom.

Steps to the Constitution

  • Gandhiji in 1922 stated that Swaraj would not be a free gift but a declaration of India’s self-expression, ratified by the British Parliament as a mere formality.
  • British constitutional reforms were not initiated voluntarily but were responses to sustained Indian nationalist pressure.
  • The myth that British administrators initiated modern responsible and constitutional government is disproved by the fact that British concessions fell short of Indian demands.
  • The elective principle was first introduced by the British in the Indian Councils Act of 1892, but nationalist demands had far exceeded these provisions.
  • The Congress and Indian Press had long demanded elections to councils, elected majorities, and greater powers for non-official members.
  • Nationalist demands included half the councils being elected, male adult franchise, voting by ballot, and powers to vote on finance bills, contrasting with the limited British practice.
  • The Imperial Legislative Council under British rule was a nominated body with an official majority and minimal Indian representation.
  • The 1892 Act introduced elected members but still maintained them as a minority with limited powers.
  • The Constitution of India Bill (1895) and Home Rule Bill proposed basic human rights like freedom of expression, equality before the law, and right to property, which were not fully addressed by the Government of India Act, 1935.
  • Indian leaders did not see the need to abandon the pre-independence constitutional legacy; they retained valuable elements from the Government of India Act of 1935 in the new Constitution.
  • The Constitution borrowed from existing institutions due to their familiarity and utility but also incorporated new elements, rejecting unsuitable aspects.

Constitutional Development

  • The national movement, starting in the 1880s-1890s, shifted from seeking responsible government to advocating for self-determination and the right to frame India’s constitution.
  • Tilak and Annie Besant launched the Home Rule agitation inspired by the Irish movement during WWI.
  • The Congress-Muslim League Scheme of 1916 demanded that four-fifths of provincial legislature members be elected by a broad franchise.
  • In 1918, Congress claimed India should be recognized for self-determination based on principles articulated by international leaders.
  • The British responded to these demands with reforms in 1919, asserting they alone would decide the timing and pace of constitutional changes.
  • Gandhiji led the Non-cooperation Movement as a response, which ended in 1922, followed by Congress efforts to fight elections and renew the constitutional battle.
  • The Commonwealth of India Bill, supported by Annie Besant, Tej Bahadur Sapru, and V.S. Srinivasa Sastri, aimed for India to be on par with self-governing dominions but failed due to the defeat of the Labour government.
  • Motilal Nehru introduced a resolution in 1924 calling for a representative Round Table Conference to draft a constitution for India, which was passed by a large majority.
  • The British appointed the all-White Simon Commission in 1927, leading to widespread condemnation in India.
  • An All Parties Conference in 1928, chaired by Motilal Nehru, produced the Nehru Report outlining a draft constitution, which included a parliamentary system and fundamental rights.
  • The Nehru Report proposed joint electorates with reserved seats for minorities and emphasized fundamental rights, ten of which were later incorporated into the Constitution.
  • Congress declared complete independence as its goal in December 1929 and launched the Civil Disobedience Movement in April 1930.
  • The idea of a Constituent Assembly gained traction, with Nehru articulating it in 1933 and the Congress Working Committee endorsing it in June 1934.
  • The Congress manifesto for the 1936-37 elections included the demand for a Constituent Assembly.
  • Congress formed ministries in 1937 but ensured that this did not signify acceptance of the existing constitution.
  • In March 1937, Congress legislators met in Delhi and Nehru advocated for a Constituent Assembly to replace the current constitution.
  • By August 1937, all Congress provinces passed resolutions demanding the replacement of the Government of India Act 1935 with a new constitution from a Constituent Assembly.
  • The Congress reiterated the demand for a Constituent Assembly in September 1937 and February 1938.
  • During WWII, Congress ministries resigned and passed resolutions asserting India’s right to frame its own constitution.
  • Gandhiji and Nehru both supported the idea of a Constituent Assembly, with Gandhiji highlighting its importance for democratic Swaraj.
  • The August Offer of 1940 proposed a constitution-making body primarily composed of Indians, but was rejected by major Indian parties.
  • The Cripps Mission in March 1942 proposed a Constituent Assembly elected by provincial legislatures, but faced opposition due to divisive aspects.
  • The failure of the Cripps Mission led to the Quit India Movement in August 1942, demanding immediate independence and a Constituent Assembly.
  • After WWII, the Labour Party’s victory in July 1945 led to promises of a constitution-making body.
  • The Cabinet Mission arrived in March 1946 and proposed a scheme for a Constituent Assembly with detailed procedures for elections and provincial grouping.
  • Congress accepted the Cabinet Mission scheme but reserved the right of the Constituent Assembly to accept or reject proposals.
  • The Muslim League opposed the Constituent Assembly at all stages, aiming to delay the transfer of power.

The Constituent Assembly

  • Jawaharlal Nehru expressed hopes for the Constituent Assembly to free India, feed the starving, and provide opportunities for all Indians to develop.
  • The Constituent Assembly was to have 389 members: 296 from British India and 93 from princely states.
  • Initially, the Assembly had only members from British India, elected in July-August 1946.
  • Congress won 199 out of 210 general category seats and 3 out of 4 Sikh seats from Punjab.
  • Congress also won 3 of 78 Muslim seats and the seats from Coorg, Ajmer-Merwara, and Delhi.
  • Total Congress tally was 208; Muslim League won 73 out of 78 Muslim seats.
  • The Assembly, not elected on universal adult franchise, aimed to reflect India’s diversity by including Scheduled Castes, Parsis, Indian Christians, Anglo-Indians, tribals, and women.
  • Gandhiji suggested names of sixteen eminent persons for inclusion in the Congress list; thirty non-Congress members were elected on Congress tickets.
  • The Muslim League concentrated on refusing to join the Assembly’s deliberations.
  • On 20 November 1946, it was decided to convene the first session of the Constituent Assembly on 9 December 1946.
  • The Viceroy, Lord Wavell, was reluctant to call the Assembly; Congress insisted on its convening.
  • Nehru quashed the Viceroy’s desire to appoint the provisional president; Dr Sachchidanand Sinha became provisional president.
  • The Constituent Assembly’s first session began on 9 December 1946, marking the start of independent India’s constitutional framework.
  • The first session had 207 members; Muslim League members stayed away.
  • On 11 December 1946, Dr Rajendra Prasad was elected permanent Chairman.
  • On 13 December 1946, Jawaharlal Nehru moved the Objectives Resolution; its adoption was postponed to include the Muslim League and princely states.
  • The Objectives Resolution was passed on 22 January 1947.
  • The third session was held from 28 April to 2 May 1947; the Muslim League still did not join.
  • On 3 June 1947, the Mountbatten Plan was announced, leading to India’s partition.
  • With independence on 15 August 1947, the Constituent Assembly became sovereign and also the legislature.
  • The Assembly’s work was organized into five stages: committee reports, initial draft by B.N. Rau, detailed draft by the drafting committee chaired by Dr Ambedkar, public discussion and amendments, and final adoption.
  • The Congress party played a critical role, involving deep discussions and examining each provision of the Constitution.
  • Jawaharlal Nehru drafted the Objectives Resolution and was deeply involved in the process.
  • Sardar Patel was crucial in bringing princely state representatives into the Assembly and eliminating separate electorates.
  • Rajendra Prasad was praised for his impartiality and dignity; Maulana Azad contributed his scholarship.
  • The Congress adopted a non-sectarian approach, recruiting the best talent and striving for consensus.
  • Granville Austin noted that the Constituent Assembly, despite being a one-party body, expressed the will of the many rather than the needs of the few.

The Indian Constitution: Main Provisions

  • The Constitution of India establishes rules for ordinary laws to follow.
  • It provides a framework for a democratic and parliamentary form of government.
  • It includes Fundamental Rights as a guarantee against state encroachments.
  • Directive Principles are directives to the state for reforms to make Fundamental Rights effective.
  • The decision to adopt a parliamentary system was debated but favored over panchayat-based indirect elections and decentralized government.
  • The alternative of panchayat-based government, supported by some Gandhians, was discarded.
  • Members’ intellectual or emotional commitment to socialism supported the parliamentary government choice.
  • The goal was not to embody socialism in the Constitution but to frame a democratic constitution with a socialist bias.
  • This approach aimed to allow the nation to evolve towards socialism as desired by citizens or as needed.

Adult Suffrage

  • The Congress had demanded adult suffrage since the 1920s and was committed to realizing it.
  • Some advocated for restricting adult suffrage to panchayat-level elections with indirect elections to higher bodies.
  • The consensus was in favor of direct elections by adult suffrage.
  • Adult suffrage was a significant achievement in a society dominated by Brahmanical, upper-caste, male-oriented, and largely illiterate groups.
  • Alladi Krishnaswami Ayyar highlighted the Assembly’s faith in adult franchise and the infeasibility of indirect elections.
  • Austin described direct election by adult suffrage as a transformative force for India.
  • K.M. Panikkar noted that adult suffrage had profound social implications, empowering previously marginalized groups.
  • The impact of adult suffrage continues as new social groups engage with political parties and candidates.
  • Adult suffrage forces elitist candidates to seek votes from the most humble voters.
  • Before independence, the franchise was limited to about 15% of the population due to property, educational, and other qualifications.

Preamble

  • The basic philosophy of the Constitution is found in the Preamble.
  • The Preamble was based on the Objectives Resolution drafted by Nehru and adopted on 22 January 1947.
  • The Preamble states goals of justice, liberty, equality, and fraternity.
  • The priority given to justice over liberty, equality, and fraternity was deliberate.
  • Fundamental Rights and Directive Principles are core to the Constitution’s commitment to social revolution.
  • Fundamental Rights are justiciable, whereas Directive Principles are not.
  • Directive Principles are guidelines for future legislatures and executives.
  • The distinction between Fundamental Rights and Directive Principles reflects the immediate vs. gradual realization of rights.
  • The decision to include written rights marked a departure from British practice.
  • Fundamental Rights include civil and political rights, while Directive Principles include economic and social rights.
  • The distinction was influenced by international trends and colonial experience.
  • Fundamental Rights ensure protection from state encroachment, while Directive Principles guide state policies.
  • The 1945 Sapru Report suggested the creation of justiciable and nonjusticiable rights.
  • Fundamental Rights are divided into seven parts, including equality, freedom, and rights against exploitation.
  • Directive Principles include goals for social and economic justice, education, and environmental protection.
  • The Preamble, Fundamental Rights, and Directive Principles aim to build an egalitarian society.
  • The relationship between individual liberty and social change is dynamic.
  • Conflicts between Fundamental Rights and Directive Principles led to several constitutional amendments.
  • The 1st Amendment in 1951 secured the validity of zamindari abolition laws and made certain rights nonjusticiable.
  • Subsequent amendments and Supreme Court rulings continued to address conflicts between individual rights and social good.
  • The tension between Fundamental Rights and Directive Principles represents the challenge of balancing individual freedom with public good.

A Secular State

  • The Constitution declares India a sovereign, socialist, secular, and democratic republic.
  • Secularism was formally added by the 42nd Amendment in 1976, but the Constitution’s spirit was already secular.
  • In 1973, the Supreme Court held that secularism is a basic feature of the Constitution.
  • Fundamental Rights include prohibition of discrimination on religious grounds and freedom of religion, including freedom of conscience and religious practice.
  • Fundamental Rights also cover the freedom to manage religious affairs, pay taxes for religious promotion, and attend religious instruction in certain educational institutions.
  • The meaning of secularism in India has been debated, differing from the Western concept which separates church and state.
  • In India, secularism emerged from nationalist struggles against communal forces seeking to divide the nation by religion.
  • Nehru described secularism as ensuring freedom of religion and conscience, including for those without religion, and allowing religions to coexist without interfering with each other or state principles.
  • Dr. S. Radhakrishnan emphasized secularism as not giving preferential status to any religion, ensuring equal rights and freedom from discrimination based on religion, and aligning with India’s religious traditions.

CH5. The Architecture of the Constitution: Basic Features and Institutions

Basic Features

  • The Constitution has a basic structure that cannot be altered, as established by the Supreme Court in the Kesavananda Bharati case (1973).
  • The Court held that certain basic features of the Constitution cannot be changed under Article 368’s amendment power.
  • D.D. Basu noted that amendments cannot alter the Constitution’s basic structure; such changes would equate to creating a new Constitution.
  • Justice S.M. Sikri identified basic features including the supremacy of the Constitution, republican and democratic form of government, secular character, separation of powers, and federal structure.
  • Additional basic features include free and fair elections, the rule of law, Preamble objectives, judicial review, individual freedom and dignity, national unity and integrity, equality, social and economic justice, balance between Fundamental Rights and Directive Principles, independence of the judiciary, and access to justice.
  • The 42nd Amendment (1976) attempted to remove limits on parliamentary amending power and prevented courts from questioning amendments.
  • In Minerva Mills vs. Union of India, the Supreme Court reaffirmed that judicial review is a basic feature that cannot be removed, even by amendment.
  • The Court can declare amendments ultra vires if they affect or alter the Constitution’s basic features.
  • The doctrine of “basic features” was judicially innovated to protect the Constitution from being subverted through parliamentary majorities.
  • Despite some judicial differences on the list of basic features, there is broad consensus on the doctrine’s applicability.

Federal Structure or Unitary

  • The Indian Constitution does not strictly fit into rigid definitions of federal or unitary systems.
  • Austin described India’s political structure as unique, with terms like ‘quasi-federal’ and ‘statutory decentralization’ being of limited use.
  • The Assembly avoided strict adherence to any federal theory, addressing unique Indian challenges by adopting a mixed approach from various federations.
  • The Constitution incorporates features of ‘cooperative federalism’, characterized by federal and regional government interdependence.
  • The decision for a federal constitution with a strong Centre was influenced by circumstances like Partition, communal riots, food crisis, and the need for national unity and development.
  • Initially, the Constituent Assembly favored a weak central government, but shifted towards a strong Centre after Partition was confirmed on 3 June 1947.
  • Dr B.R. Ambedkar explained that ‘Union of States’ was preferred over ‘Federation of States’ to emphasize India’s indestructible unity.
  • Indian federalism is distinct from others, with only Indian citizenship and specified legislative powers divided into Union, State, and Concurrent Lists.
  • The Union’s financial power and states’ dependence on Union grants limit federalism, but the system persists through diverse state governments and demands for more state powers.
  • Agitations for new states and financial autonomy, as well as state governments challenging central authority, indicate a vibrant federal system.
  • D.D. Basu noted that the Indian Constitution is primarily federal but can function as unitary or quasi-federal under exceptional circumstances.
  • The Constitution’s flexibility has allowed it to adapt to varying Centre-state relationships since independence.

Institutions of Governance

The President

  • The Indian Constitution vests executive power in the President, who is a constitutional head, similar to the King in the English Constitution.
  • The real head of the Executive is the Prime Minister, who leads the Council of Ministers responsible to Parliament.
  • India’s parliamentary system closely resembles the British system, with an elected President as the symbolic head of state.
  • The President’s powers are exercised according to the Cabinet’s advice, but he is not merely a figurehead and may be active in certain situations.
  • Dr. Rajendra Prasad, the first President, had reservations about the Hindu Code Bill and sought a greater role, but experts advised against it to prevent dictatorial powers.
  • Presidential activism is less likely when a single party has a clear majority but may occur during fractured verdicts or coalition governments.
  • In 1979, President Neelam Sanjiva Reddy used discretion during a political crisis caused by a split in the ruling party, affecting government formation.
  • Recent elections have seen increased concerns about presidential roles, especially when no clear majority is obtained, such as in 1998 when President Narayanan required proof of support for government formation.
  • Presidential discretion can lead to potential abuse, as seen with President Zail Singh’s use of discretionary power and potential actions during the Bofors scandal.
  • The President’s role in dismissing state governments and imposing President’s Rule is debated; recent examples include the dismissal of the U.P. government by Governor Romesh Bhandari in 1998.
  • The 44th Amendment (1978) specifies that the President must act on Cabinet advice but allows him to ask the Cabinet to reconsider its advice.
  • The President’s powers include returning bills for reconsideration, with no discretion on money bills, and declaring Emergency only on Cabinet advice.
  • The President appoints high officials and exercises various powers on the Cabinet’s advice, including as Supreme Commander of the armed forces and issuing ordinances.
  • The President is elected for five years, eligible for re-election, and can be removed through impeachment.
  • The election process involves elected members of both houses of Parliament and state legislative assemblies using proportional representation through a single transferable vote.

Vice-President

  • If the President dies, is unable to perform duties, is removed, or resigns, the Vice-President acts as President according to Article 65.
  • This succession has occurred twice: when Dr. Zakir Hussain and Fakhruddin Ali Ahmed died in office, with Vice-Presidents V.V. Giri and B.D. Jatti stepping in.
  • The choice of Vice-President is crucial as they may need to assume the presidency.
  • The Vice-President is elected for five years by both houses of Parliament but is not a member of any legislature.
  • The main function of the Vice-President is to act as the chairperson of the Rajya Sabha.

The Council of Ministers and the Prime Minister

  • Real executive power under the Constitution rests with the council of ministers headed by the prime minister.
  • The President appoints the prime minister from the party with a Lok Sabha majority or a person with majority confidence if no clear majority exists.
  • The prime minister selects other ministers, who are appointed by the President.
  • Ministers may be appointed without being members of Parliament but must become members of either house within six months.
  • The council of ministers is collectively responsible to the Lok Sabha and must resign if it loses its confidence.
  • The prime minister is described as the ‘linchpin of Government’ and exercises most powers formally vested in the President.
  • Jawaharlal Nehru and Indira Gandhi’s influence enhanced the prime minister’s position and power.
  • The prime minister has the authority to choose and recommend dismissal of ministers, granting significant patronage power.
  • The Constitution does not specify categories of ministers beyond cabinet rank in Article 352.
  • Cabinet meetings, chaired by the prime minister, are crucial as important decisions are made there.
  • The Constitution mandates the presence of a council of ministers at all times; there is no provision for direct Presidential rule at the Centre.
  • Even after a vote of no-confidence, the resigning council of ministers must continue until a new one is in place.
  • A controversy arose in April 1999 when the BJP-led government refused to act as a caretaker government after being voted out, arguing that the Constitution did not mandate it.
  • The government’s refusal to follow established conventions, such as not transferring senior officials during election mode, was criticized as using the Constitution’s letter to defy constitutional practice.

The Parliament

  • The Indian Parliament consists of two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People).
  • The Rajya Sabha has 250 members: 238 elected by state legislative assemblies through proportional representation and 12 nominated by the President for expertise in various fields.
  • One-third of Rajya Sabha members retire every two years, but individual terms are six years, making it a permanent body.
  • The Vice-President of India is the chairperson of the Rajya Sabha, with a deputy chairperson elected from among its members.
  • The Lok Sabha is directly elected by the people for five years and may be dissolved earlier.
  • During an Emergency, the Lok Sabha’s term can be extended by one year at a time, up to six months after the Emergency ends.
  • In 1976, the Lok Sabha’s term was extended for a year due to Emergency.
  • All Indian citizens aged eighteen and above are eligible to vote, with the winner being the candidate with the most votes, without a requirement for a majority.
  • Constituencies are single-member and territorial, with reserved seats for Scheduled Castes and Scheduled Tribes based on their population.
  • There has been pressure for reserving one-third of constituencies for women, but the bill has faced delays due to conflicting demands from various groups.
  • Reservation as a policy has proven difficult to reverse, with increasing demands and extensions beyond the originally intended ten years.
  • The maximum number of Lok Sabha seats is 552, with 550 for territorial constituencies and 2 for nominated Anglo-Indian members.
  • Members of the Lok Sabha must be at least twenty-five years old.
  • The Lok Sabha is chaired by the Speaker, and in their absence, by the Deputy Speaker, elected by members from among themselves.
  • Recent conventions regarding the Speaker and Deputy Speaker have been challenged by unstable coalitions and political disputes.
  • The Speaker’s role is critical, with final authority in matters relating to the Lok Sabha.
  • Parliament has extensive legislative powers; bills must be passed by both houses and receive Presidential assent to become law.
  • The President can return bills for reconsideration, but cannot withhold assent if passed again.
  • Money-bills must be introduced in the Lok Sabha and then sent to the Rajya Sabha; if not returned within fourteen days, they are considered passed.
  • Recent disruptions, walkouts, and scuffles in Parliament have lowered its dignity and delayed legislative business, leading to public discontent and perceptions of wastefulness.

The Government in the States and Union Territories

  • The state government system is based on the parliamentary model, with the Chief Minister and Council of Ministers holding executive power and being responsible to the state legislature.
  • The Governor acts as a constitutional head like the President but becomes the effective executive under President’s Rule, running the state with advisers appointed by the Union Government.
  • Initially, governors were expected to be eminent non-politicians, but over time, they have increasingly been active politicians who often return to politics after their terms.
  • Governors have been accused of carrying out the directives of the ruling party in New Delhi and participating in provincial political maneuvering.
  • The convention of consulting state chief ministers before appointing governors has lapsed, though there are calls for its revival.
  • Notable misuse of governors’ discretionary powers includes:
    • On 2 July 1984, Jammu and Kashmir Governor Jagmohan dismissed Chief Minister Farooq Abdullah and installed G.M. Shah, which led to national controversy and accusations of central government interference.
    • In Andhra Pradesh, Governor Ram Lal dismissed Chief Minister N.T. Rama Rao on 16 August 1984, despite Rama Rao requesting time to prove his majority. Ram Lal’s action led to a public statement by Indira Gandhi, his resignation, and N.T. Rama Rao’s reinstatement.
  • States have legislative assemblies with 60 to 500 members and may have second chambers or legislative councils.
  • States have exclusive legislative rights on items in the State List and can legislate on items in the Concurrent List, but Union laws prevail in case of conflict.
  • Union Territories are directly administered by Lieutenant-Governors appointed by the President and may have legislatures and councils of ministers, though their powers are more restricted than those of state governments.

Local Government

  • The Constitution did not specify the exact form of local government institutions but mandated the organization of village panchayats as units of self-government (Article 40).
  • The directive for village panchayats was influenced by Gandhiji’s emphasis on local self-governance during the freedom struggle.
  • Initial progress was slow; the Central government focused on the Community Development programme, which used a block of about 100 villages for development activities.
  • The Community Development programme failed to make significant progress, leading to the establishment of the Mehta Committee in 1956.
  • The Mehta Committee recommended Panchayati Raj (PR) with three levels: gram panchayat (village level), panchayat samiti (block level), and zilla parishad (district level).
  • Between 1959 and 1962, states introduced Panchayati Raj legislation, but its functioning was hindered by irregular elections, lack of resources, and local dominance.
  • Committees like the Asoka Mehta Committee (1978), G.V.K. Rao Committee (1985), and L.M. Singhvi Committee (1986) provided suggestions for improvement.
  • In 1988, Rajiv Gandhi’s leadership led to a recommendation for constitutional recognition of Panchayati Raj bodies and regular elections every five years.
  • The Constitution 64th Amendment Bill of 1989 was blocked by opposition parties, fearing it would curtail state powers.
  • The same bill was reintroduced by the National Front government in 1990 but failed due to the collapse of V. P. Singh’s government.
  • The Congress eventually succeeded in passing the Constitution 73rd and 74th Amendment Bills in 1993.
  • The 73rd Amendment detailed the establishment, term, and membership of panchayats, including a Finance Commission for financial review.
  • It added the Eleventh Schedule to the Constitution, listing 29 subjects for panchayats, integrating Panchayati Raj institutions into the constitutional framework.

The Judiciary

  • Articles 124-147 and 214-237 of the Constitution detail the judicial system framework in India.
  • The judiciary is designed to uphold the Constitution with specific provisions for its independence and functionality.
  • The Indian judicial system has a single hierarchy of courts with the Supreme Court at its apex.
  • Before the Supreme Court’s establishment in January 1950, the Federal Court and the Privy Council in Britain handled appeals.
  • The Privy Council’s jurisdiction ended in October 1949, and the Federal Court was replaced by the Supreme Court in January 1950.
  • The Supreme Court consists of the Chief Justice and twenty-five other judges, appointed by the President after consultation.
  • Judges hold office until age sixty-five; the Chief Justice is always the seniormost judge (Article 124).
  • Indira Gandhi’s superseding of seniormost judges in 1973 and 1976 was criticized as an attack on judicial independence.
  • Supreme Court judges can only be removed through a parliamentary resolution supported by a majority and two-thirds of those present and voting (Article 124(4)).
  • Judges cannot plead before any court or authority in India after retirement to ensure independence (Article 124(7)).
  • The Supreme Court has original jurisdiction in cases relating to Fundamental Rights and disputes between the Union and states (Article 32).
  • It can transfer cases from lower courts, has appellate jurisdiction in constitutional, civil, and criminal cases, and allows public interest litigation.
  • Judicial activism includes judges intervening in executive duties; despite criticism, it provides a voice for the public.
  • The Supreme Court has a significant role in interpreting the Constitution and evolving the doctrine of ‘Basic Features’ to protect the Constitution’s core principles.
  • The Supreme Court’s function involves balancing individual liberty and social control, as noted by Alladi Krishnaswami Ayyar.
  • High Courts have authority over subordinate courts within their jurisdiction and can issue writs beyond Fundamental Rights violations.
  • High Court judges are appointed similarly to Supreme Court judges; their rulings are binding on all subordinate courts in the state.
  • Subordinate courts are controlled by the High Court, with district judges appointed by the governor in consultation with the High Court.
  • The lower judiciary often faces corruption, though it is less common at higher levels; case backlogs can lead to long delays.
  • Litigation is expensive and time-consuming, discouraging common people from seeking justice.
  • The judiciary is constrained by outdated laws, and despite promises, judicial reform has progressed slowly.

The Administrative Services

  • At independence, India inherited a colonial administrative structure used for maintaining power and co-opting locals.
  • Despite criticism of the ICS as overpaid, insensitive, and mostly British, the administrative structure was largely retained post-independence.
  • The ICS was replaced by the IAS (Indian Administrative Service), and the pre-independence structure of services was kept largely intact.
  • The Constitution’s Part XIV provides for Union and State legislation to detail recruitment and service conditions, with constitutional guarantees against arbitrary dismissal (Article 315).
  • Independent public service commissions conduct recruitment exams and advise on recruitment, appointment, promotion, and disciplinary actions.
  • The Constitution initially mentioned only the IAS and IPS as all-India services but allowed for additional services through Rajya Sabha resolution.
  • The Indian Forest Service and Indian Engineering Service were established under this provision.
  • All-India services promote national integration, with officers typically serving in multiple states and at various levels of administration.
  • Central services, like Audit and Accounts or Railway, recruit nationally and are posted across the country.
  • Provincial or state service officers are generally posted within their state unless on deputation or promoted internally.
  • Constitutional safeguards aim to ensure bureaucracy independence and integrity, though they can lead to sloth, lack of initiative, and corruption.
  • Politicians often pressurize officials for favors, influencing the bureaucracy.
  • The Emergency (1975-77) and Janata Government (1977-79) marked a shift in bureaucracy dynamics, with shifts in loyalty and favoritism based on political changes.
  • The Janata Government rewarded victims of the Emergency and sidelined ‘committed’ officers.
  • Recent trends include politicization of bureaucracy, with caste-based parties and large-scale transfers of officials for political purposes, like the BJP’s actions in 1999.

Conclusion

  • The framers of the Indian Constitution drew extensively from other constitutions, including those of the US, Ireland, and the UK, and the Government of India Act 1935.
  • Despite initial skepticism, the Indian Constitution has effectively established and maintained a democratic structure.
  • Institutions created by the Constitution have survived and adapted to meet evolving needs, maintaining a balance between elected legislatures, executives, and the judiciary.
  • The Constitution has provided a framework for protecting Fundamental Rights such as freedom of speech, expression, and association.
  • Courts have expanded the scope of rights, such as interpreting the right to life to include the right to livelihood and personal liberty protections.
  • The Constitution is amendable through Article 368, requiring a two-thirds majority in both houses of Parliament and, in some cases, approval by at least half the state legislatures.
  • The Supreme Court has imposed limits on amendments through the doctrine of ‘basic structure’ to prevent alterations that undermine core principles.
  • Suggestions for constitutional changes include adopting a Presidential system, proportional representation, and requiring a vote of confidence for a new government after a no-confidence vote.
  • The BJP-led NDA government appointed a Constitution Review Commission in 2000, but most parties and people prefer changes within the existing framework.
  • Failures in governance are attributed to implementation issues rather than the Constitution itself.
  • Even critics of the Indian political system acknowledge the Constitution’s strength and continued respect.
  • The Constitution’s commitment to democracy, secularism, egalitarianism, and civil liberties serves as a stabilizing force amidst political and social changes.
 

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