Constitutional Design of India
Constitutional Design of India
🔹 1. Introduction
The Constitutional Design of India refers to the structure, framework, and guiding philosophy adopted by the Constituent Assembly while drafting the Constitution of India. It lays down the fundamental political code, rights and duties of citizens, directive principles, and the organization of government.
India's Constitution is not just a legal document—it is a blueprint for governance, social justice, and democratic ideals in a pluralistic society.
🔹 2. Historical Context
The Constituent Assembly of India was formed in 1946.
The Constitution was adopted on 26 November 1949 and came into effect on 26 January 1950.
The Assembly took 2 years, 11 months, and 18 days to complete the drafting process.
Dr. B.R. Ambedkar was the Chairman of the Drafting Committee.
🔹 3. Sources of the Constitution
India’s Constitution borrowed from several countries:
| Country | Borrowed Feature |
|---|---|
| UK | Parliamentary system, rule of law |
| USA | Fundamental Rights, judicial review, independence of judiciary |
| Canada | Federal system with strong centre |
| Ireland | Directive Principles of State Policy |
| Australia | Concurrent List, language of the Preamble |
| USSR (now Russia) | Fundamental Duties (added later by 42nd Amendment) |
🔹 4. Features of the Constitutional Design of India
1. Written and Lengthy Constitution
India has the longest written constitution in the world.
It contains 395 Articles (originally), now more than 470 Articles, divided into 25 parts and 12 schedules.
2. Federal Structure with Unitary Bias
Power is divided between the Centre and States (via the Seventh Schedule).
However, in times of emergency or crisis, Centre becomes more powerful (unitary tilt).
3. Parliamentary Form of Government
Based on the Westminster model.
Real executive power lies with the Council of Ministers headed by the Prime Minister.
4. Fundamental Rights
Enshrined in Part III (Articles 12–35).
Justiciable rights enforceable by courts.
5. Directive Principles of State Policy (DPSPs)
Enshrined in Part IV (Articles 36–51).
Not enforceable by courts but fundamental to governance.
6. Secularism
India is a secular State—it treats all religions equally and maintains religious neutrality.
7. Socialist Orientation
Focuses on reducing inequality, providing a welfare state, and securing economic justice.
8. Democratic Republic
India is governed by representatives elected by the people.
The head of the state (President) is elected, not hereditary.
9. Independent Judiciary
Ensures separation of powers and checks and balances.
Has the power of judicial review.
10. Single Citizenship
Despite being a federation, Indian citizens have only one citizenship (of India).
11. Universal Adult Franchise
Every citizen above 18 years has the right to vote, regardless of caste, gender, religion, etc.
🔹 5. Important Case Laws Supporting Constitutional Design
✅ 1. Kesavananda Bharati v. State of Kerala (1973)
Supreme Court ruled that Parliament cannot alter the “basic structure” of the Constitution.
Identified core features such as rule of law, separation of powers, federalism, secularism, and judicial review as part of the basic structure doctrine.
Reinforced the balance between constitutional flexibility and rigidity.
✅ 2. Minerva Mills v. Union of India (1980)
Reaffirmed the basic structure doctrine.
Held that Fundamental Rights and DPSPs must be balanced.
Declared that limited amending power is also part of the basic structure.
✅ 3. S.R. Bommai v. Union of India (1994)
Related to misuse of Article 356 (President’s Rule).
The Court ruled that secularism is a part of the basic structure.
Asserted that federalism and democracy are essential components of the Indian constitutional design.
✅ 4. Maneka Gandhi v. Union of India (1978)
Expanded the interpretation of Article 21 (Right to Life and Personal Liberty).
Introduced the idea of "due process of law" into Indian jurisprudence.
Strengthened the liberal and progressive nature of Indian constitutionalism.
✅ 5. Indira Nehru Gandhi v. Raj Narain (1975)
Struck down a constitutional amendment that tried to place the Prime Minister’s election beyond judicial scrutiny.
Reinforced the principle of separation of powers and free and fair elections.
🔹 6. Unique Aspects of Indian Constitutional Design
Flexibility and Adaptability: Though written, the Constitution has been amended 100+ times to adapt to changing needs.
Checks and Balances: Independent judiciary, accountable executive, and sovereign legislature.
Integration of Fundamental Duties (Article 51A): Reflects citizen responsibilities.
Emergency Provisions (Articles 352–360): Allow the Centre to override normal distribution of powers in extraordinary situations.
🔹 7. Conclusion
The Constitutional Design of India is a harmonious blend of rigidity and flexibility, centralization and decentralization, and liberty and responsibility. It provides a democratic framework that respects pluralism, ensures justice and equality, and empowers institutions and citizens alike.
India's constitutional design has evolved over the decades through amendments, judicial interpretation, and political practice, but its core values remain rooted in the Constitution’s Preamble: Justice, Liberty, Equality, and Fraternity.
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