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type: faq
question: What ideologies and influences shaped the drafting of the Indian Constitution?
topic: constitutionalism
topic_title: India's Constitution
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# What ideologies and influences shaped the drafting of the Indian Constitution?

India gained independence from Britain on 15 August 1947. The Constitution of India was approved on 26 November 1949 (celebrated every year as Constitution Day) and came into force on 26 January 1950 (celebrated as our Republic Day). Shedding its colonial status, India became a sovereign, democratic republic - a free country that governs itself.



A free nation needed a constitution of its own to govern. In 1946, while India was still under British rule, a Constituent Assembly was formed to draft the constitution. The composition of the Assembly and the outcome of its deliberations have been critiqued for not being truly representative of the Indian people, for being dominated by a single party, and for borrowing elements from the constitutions of other countries.



A law passed by the British, the Government of India Act 1935, had granted limited autonomy to Indian Provinces, a “self-rule” concession given mainly to pacify growing political unrest of the independence movement. First elections to these Provincial Assemblies were held in 1937. The government denied universal adult franchise - only one-sixth of India’s adult population could vote. Using a “divide and rule” strategy, separate electorates were created based on religion (Muslims, Christians, Sikhs), communities (Europeans, Anglo-Indians, Backwards Tribes) and special interest groups like landowners, university constituencies (graduates vote for candidates within their academic community), business owners, labour representatives and women. Only 2.5% of women were permitted to vote, against 41 reserved seats, which were further reserved along religious lines. 



Contrast such special-interest electorates to the electoral system we now have - geographically identified constituencies where all adult residents can vote where they live. 



So these Provincial Assemblies were hardly a fair representation of the country’s electorate at the time. Members elected in the January 1946 elections went on to play a key role in the formation of the Constituent Assembly, acting as an electoral college that elected delegates to the Constitution Drafting Committee (created on 29 August 1947). Of the 299-member Constituent Assembly, 229 were elected from 12 Indian Provinces, which included 15 women, and 70 nominated from 29 Princely States. Apart from inadequate representation of India’s adult population, the Assembly was dominated by the Congress party (82% of members), which was criticised for turning the drafting proceedings into a one-party show.  

The Indian Constitution borrowed heavily from colonial laws, especially the Government of India Act 1935. Constitutions of the United Kingdom also shaped it, along with those of the United States of America, Ireland, France, Australia, Japan, etc. These influences had a significant impact on the concepts of the rule of law, fundamental rights, the independence of the judiciary, the separation of powers, fair legal procedure, and the directive principles of state policy. The Preamble to our Constitution, in which the notions of liberty, equality and fraternity are incorporated, shows the influence of the French Constitution. 



From Britain’s common law tradition, India inherited the rule of law, judicial review with binding precedents (Supreme Court judgments are binding on all courts and the government), an adversarial court system (where lawyers argue their case before a neutral judge), and prerogative Writs (extraordinary powers of the Supreme Court and High Courts to issue orders to stop governments from acting unlawfully). These common law principles influence the procedural framework of our legal system; some have been codified in the Constitution and other laws.



The Indian Constitution stands as the highest law of the country - no person or law is above the Constitution. Parliament has the power to amend the Constitution, but cannot change or destroy its “basic structure” - the core principles the Constitution is built on - which includes supremacy of the Constitution, rule of law, judicial review, federalism, and balance between Fundamental Rights and Directive Principles of State Policy to ensure political, social and economic justice for the people.