Constitution was constituted in 14th-century English as a word indicating an established law or custom. It is from Latin constitutus, the past participle of constituere, meaning “to set up,” which is based on an agreement of the prefix com- (“with, together, jointly”) with the verb statuere (“to set or place”). Statuere is the root of statute, which, like constitution, has a legal background; it refers to a set law, rule, or regulation. Constitution is also the name for a system of laws and principles by which a country, state, or organization is governed or the document written as a record of them. Outside of law, the word is used in reference to the physical health or condition of the body (“a person of hearty constitution”) or to the form or structure of something (“the molecular constitution of the chemical”)

• The Constitution of India is the backbone of democracy in our country. It is an umbrella of rights that gives the citizens an assurance of a free and fair society.
• The Constituent Assembly adopted the Constitution on 26th November 1949 and it came into effect on 26th of January 1950.
• Our constitution is unique. It is unique in many ways. We know that our constitution was framed by the constituent assembly in a long time of 2 years, 11 months and 18 days. It must be noted that the idea of the constituent assembly was not of congress. The idea was put forward by MN Roy in 1934.

Since 2015, Constitution Day is being celebrated on 26th November to commemorate the adoption of the Constitution of India by the Constituent Assembly in 1949.

Definitions of Constitution

• Woolsey : “ Constitution is the collection of principles according to which the powers of government , the rights of the governed and relation between the two are adjusted”.

• Lord Bryce: A constitution is “ the aggregate of laws and customs under which the life of the state goes on”.

• MacIver: A constitution is “the law which governs the state”.

Why is it called Indian Constitution

The Indian Constitution is called a living document because it can be amended or changed. Our Constitution accepts the necessity of modifications according to changing needs of the society. Secondly, in the actual working of the Constitution, there has been enough flexibility of interpretations. The Constitution is an instrument that societies create for themselves. Thus, both political practice and judicial rulings have shown maturity and flexibility in implementing the Constitution.

Who has written the Constitution of India?

Prem Behari Narain Raizada was the calligrapher of the Indian Constitution. The original constitution was handwritten by him in a flowing italic style. The original version was beautified and decorated by artists from Shantiniketan including Nand Lal Bose and Beohar Rammanohar Sinha. 

The calligraphy of the Hindi version of the original constitution was done by Vasant Krishnan Vaidya and elegantly decorated and illuminated by Nand Lal Bose. 

Constitution of India – Preamble

The first constitution to start with a preamble was the American Constitution. The Indian constitution also starts with one. The Preamble is basically the introduction or preface to the constitution. It sums up the essence of the constitution. N A Palkhivala, a constitutional expert, referred to the Preamble as the ‘Identity card of the Constitution’.

The Preamble is based on Pandit Nehru’s Objective Resolution that he moved and was adopted by the Constituent Assembly. The Preamble has been amended in 1976 by the 42nd Amendment which added words ‘socialist’, ‘secular’ and ‘integrity’ to it.

Ingredients of the Preamble

The Preamble gives 4 components

1. Source of authority of the Constitution: it mentions that the constitution derives its power from the people of India.
2. Nature of the Indian State: it says India is a sovereign, socialist, secular, democratic and republican State.
3. Objectives of the Constitution: it gives the objectives as – justice, liberty, equality and fraternity.
4. Constitution date of adoption: 26th November 1949.

Drafting committee of Indian constitution

On 29th August 1947, the Constituent Assembly through a resolution appointed a Drafting Committee to

‘…scrutinise the draft of the text of the Constitution of India prepared by Constitutional Adviser, giving effect to the decisions already taken in the Assembly and including all matters which are ancillary thereto or which have to be provided in such a Constitution, and to submit to the Assembly for consideration the text of the draft constitution as revised by the committee…‘

Towards the end of October 1947, the Drafting Committee began to scrutinise the Draft Constitution prepared by the B.N Rau, the Constitutional Advisor. It made various changes and submitted the Draft Constitution to the President of the Constituent Assembly on 21 February 1948.

The Drafting Committee and its members were very influential in Indian constitution-making during the Committee stages and the deliberations of the Constituent Assembly. Majority of the debates in Constituent Assembly revolved around the Draft Constitution(s) prepared by the Drafting Committee. Out of 166 sittings of the Constituent Assembly, 114 were spent debating the Draft Constitution(s).

In 1946, the Constituent Assembly met for the first time in New Delhi in the Constitution Hall which is currently known as the Central Hall of Parliament House. The Constitution of India was drafted by several eminent people in various fields.

Dr. B R Ambedkar is the chief architect of the Constitution of India. As per Article 395, the Government of India Act of 1935 and the Indian Independence Act of 1947 got repealed with the beginning of the Constitution of India.

The Constituent Assembly selected 22 committees to deal with diverse tasks of Constitution-making. Out of these, 10 were on procedural affairs and 12 on substantive affairs.

Drafting committee members

Chairman – Dr. BR Ambedkar

Members:

• N Gopalaswamy Ayyangar
• Muhammad Saadullah
• Alladi Krishnaswami Ayyar
• KM Munshi
• BL Mittar substituted by N Madhava Rao following his resignation on health issues
• Dr. DP Khaitan (died in 1948 and was substituted by TT Krishnamachari)

The committees of Procedural affairs include:

• Steering Committee
• Rules of Procedure Committee
• Committee on the effect of Indian Independence Act of 1947
• Orders of Business Committee Credentials Committee
• House Committee
• Hindi Translation Committee
• Urdu Translation Committee
• Finance and Staff Committee
• Press Gallery Committee

The committees of substantive affairs include

Major Committees of the Indian Constituent Assembly	Chairmen
Ad hoc Committee on the National flag	Rajendra Prasad
Advisory Committee on Fundamental Rights,	Vallabhbhai Patel
Committee on the Functions of the Constituent Assembly	G.V. Mavalankar
Committee on Minorities and Tribal and Excluded Areas	Vallabhbhai Patel
Committee on the Rules of Procedure	Rajendra Prasad
Special Committee to Examine the Draft Constitution	Alladi Krishnaswami Ayyar
Provincial Constitution Committee	Vallabhbhai Patel
Drafting Committee	B.R. Ambedkar
Excluded and Partially Excluded Areas  Sub-Committee	A.V. Thakkar
Finance and Staff Committee	Rajendra Prasad
Fundamental Rights Sub-Committee	J.B. Kripalani
House Committee	B. Pattabhi Sitaramayya
Minorities Sub-Committee	H.C. Mukherjee
North-East Frontier Tribal Areas and Assam, Excluded and Partially Excluded Areas Sub-Committee	Gopinath Bardoloi
Order of Business Committee	K.M. Munshi
States Committee	Jawaharlal Nehru
Steering Committee	Rajendra Prasad
Union Constitution Committee	Jawaharlal Nehru
Union Powers Committee	Jawaharlal Nehru

Sources of Indian Constitution:

A. Constitution Of United States Of America:

• Separation of Power: The doctrine of separation of power was derived from the USA constitution. Aristotle proposed the Idea of separation of power as at that time all power was vested in the King. Later, Montesquieu said that for a better living environment, divide the state into legislative, executive, and judiciary; later, these thoughts become the doctrine of separation of power. In the U.S.A. every three power is independent and strictly separated but in India, it’s quite free of strictness. A legislature can play the role of judiciary and vice versa for each of the three. Also, it can be said that in India it’s the Doctrine of separation of functions which means there is a check n the balance of these powers. There is no strict separation in India.
• Federalism: The spirit of federalism is based on the constitution of the U.S.A. The United States of America is the union of many states which form a union of a big nation. The U.S.A. Is a true federation while India is quasi-federal in nature.
• Preamble: It was copied from the preamble of the US constitution and also the idea of a written constitution. The USA was the first country to put a preamble in its constitution. “We the people” states that the real source of the constitution is the people.
• Fundamental Rights: Not even India but many nations have taken the idea of fundamental rights from the USA; which is the most important part of our constitution. It is a guaranteed right of the US constitution.
• Equal protection of Law: the ideology of equal protection of the law of all citizens under article 14 was also taken by the US constitution.
• Impeachment of the President: Formal removal of the president by impeachment given under article 61 of the Indian constitution was also taken from the US constitution.
• Judicial Review: In Marbury v. Madison, the chief justice of the Supreme Court of U.S.A held that judicial review is the power that the courts must have in order to declare any law/policy by the government is illegal or not. The Supreme court and High Court have made vast judicial reviews over the amendment of the constitution.
• Post of Vice-president: Analogous work done by the vice president is the same both in India and the USA but the power & scope are different in both countries. The Vice president of the USA is more powerful than the vice president of India.

B. British Constitution:

1. Parliamentary Democracy: It has very vast role-playing in systems as:

• Bicameralism- Bicameral System of parliament means the parliament is divided into two houses, one upper house, and the other lower house. Rajya Sabha is the upper house and Lok sabha is the lower house.
• Cabinet System- It is a system in which the existence of the Cabinet, including the election of the Prime Minister, depends on parliamentary confidence in the Cabinet.
• Legislative Procedure- It means any type of being brought before the house of parliament to enact or pass it as an act or law.
• Parliament Privileges- These are some rights and immunities given under Article 105 provided as a privilege for cabinet ministers. And article 194 for state legislative assembly’s members.

2. Rule of law: Dicey gives the rule of law i.e. Law is supreme. In India rule of law also prevails but any law in the violation of fundamental rights will be deemed to be void. It is given under article 13.. Writs: The most important power of citizens against the violation of Fundamental & other rights is Writs. It is given under Article 32 in which citizens can move to the supreme court and under article 226 which gives power to the High court. Every five writs were adopted from the British constitution.

4. Single Citizenship: This gives the idea of brotherhood as every citizen is only Indian and nothing else. Unlike America as there is a dual citizenship system in India citizens have to take only single citizenship.

C. Constitution of Ireland:

• Directive Principles of State Policy: Part IV of the Constitution directs the state for the welfare of the public & it is derived from the Constitution of Ireland, 1937.
• The Presidential election method was also taken from the Irish Constitution.
• Nomination of members for Rajya Sabha by the president.

D. Constitution of Canada:

• Quasi-federal Structure: Spirit of federalism was taken by the U.S. constitution but the structure of federalism was adopted by Canada where most of the residuary powers are vested in the union. So, Residual powers to the union of India are taken from the Canadian Constitution.
• Advisory Jurisdiction of the Supreme Court (Article 143): Even the president can seek advice from the Supreme Court over any law.

E. Constitution of France:

• Ideas of liberty, equality, fraternity were taken from the French constitution and it is the important source of the constitution in the preamble.
• Constituent Assembly: The making of a constituent assembly for the Constitution was the most popular idea of the French constitution.

F. The Constitution of the U.S.S.R (Union of Soviet Socialist Republic):

• Fundamental Duties: By the 42nd amendment of the Constitution, the parliament added the fundamental duties (Article 51-A) which were adopted from the Constitution of the USSR. It imposes few liabilities to the citizens of India.
• Ideas of Justice: The idea of social justice, economic justice, political justice, and every other justice was taken from the USSR and expressed in the preamble which gives justice by health, wealth, living, etc. in the Constitution.
• Socialistic principle: The idea of socialism in the nation and between its citizens was a part of the USSR constitution.

G. Constitution of Germany:

• Suspension of Fundamental Rights during the Emergency in the country was adopted from the Weimar Republic of Germany. At the time of Hitler during the period of war, the fundamental rights of citizens of Germany were suspended in an emergency.

H. Australian Constitution:

• The concurrent list was adopted from the Constitution of Australia. The concurrent list is the list that deals with both the union and state. Both governments can make laws for the subject which comes under the concurrent list.

I. Constitution of South Africa:

• Amendment of Constitution: This power is given to the parliament to amend the Constitution under article 368. It allows the parliament to change, repeal or make any new laws or acts. But such laws must not be violative of fundamental rights.
• Election of members of Rajya Sabha.

J. Constitution of Japan:  

• The procedure established by law under Article 31 states that any law is valid only if it is enacted by the due procedure of making law.

K. Government of India Act,1935: 

The Constitution makers adopted 75% of the Indian constitution from the Govt. Of India Act, 1935. Few main provision which was adopted:

• Office of Governor: Article 153 provides that there must be a governor for every state and he has the executive power of such state.
• Judiciary: The Constitution empowers the judiciary to protect and save the Indian citizens from rule of law and supremacy. Judiciary is in the hierarchy system Supreme Court then High court and then Subordinate courts to the High Court.
• Public Service Commission: It was established by the Britishers in India and it is an integral part of the administration system today. Which was later added to the constitution.
• Emergency: Emergency provisions were adopted by GOI act 1935 which is given in part 18 from articles 352 to 360 in the Indian Constitution. The president has the power to impose an emergency over a nation or state or any part of the state from conditions like war, aggression or etc.

Conclusion:

The basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it Many critics believe that the Indian Constitution contains nothing new and original. Critics described it as a ‘borrowed Constitution’, a ‘bag of borrowings’, a ‘hotch-potch Constitution’, and a ‘patchwork’ of several documents of the world constitutions. Since 2015, Constitution Day is being celebrated on 26th November to commemorate the adoption of the Constitution of India by the Constituent Assembly in 1949.