Historical Evolution of the Indian Constitution for CLAT - Practice Questions & MCQ

1. Pre-Constitution Era:

• The journey of the Indian Constitution begins with the British colonial rule and the gradual shift towards self-governance.
• Regulating Acts (1773-93): These acts were a response to the economic and administrative challenges faced by the British East India Company. The Regulating Acts marked the initial involvement of the British Crown in Indian affairs, leading to greater control and influence.
• Government of India Act, 1858: Following the Indian Rebellion of 1857, the British Crown assumed direct control over India. This act, also known as the Queen's Proclamation, marked the beginning of the British Raj and set the stage for future constitutional developments.

2. Demand for Constitutional Reforms:

• As India moved closer to independence, the need for constitutional reforms became increasingly evident.
• Montagu-Chelmsford Reforms (1919): These reforms introduced the concept of dyarchy, where certain subjects were divided between British and Indian officials. It aimed to increase Indian participation in governance, although it fell short of complete self-rule.
• Government of India Act, 1935: This significant act introduced provincial autonomy, separate electorates, and a federal structure for India. While not fully realized due to World War II, it laid the groundwork for the future Constitution.

3. Making of the Constitution:

• The process of drafting the Constitution was a monumental task undertaken by the Constituent Assembly.
• Constituent Assembly: The Constituent Assembly, with Dr. Rajendra Prasad as its President, comprised representatives from various backgrounds, regions, and ideologies. It debated and deliberated on various issues to create a balanced and comprehensive Constitution.
• Dr. B.R. Ambedkar: As the Chairman of the Drafting Committee, Dr. Ambedkar played a pivotal role in shaping the Constitution. His leadership ensured that the document enshrined principles of equality, justice, and fundamental rights.

4. Key Features of the Indian Constitution:

• The Indian Constitution stands out for its innovative and inclusive provisions.
• Preamble: The Preamble lays down the fundamental values of the Constitution, such as justice, liberty, equality, and fraternity. It reflects the aspirations of a newly independent nation.
• Fundamental Rights: These rights ensure individual liberties and protect citizens from arbitrary actions by the state. They include rights like freedom of speech, right to life, and protection against discrimination.
• Directive Principles of State Policy: These principles guide the government in making laws and policies that promote the welfare of the people. They encompass social, economic, and political aspects of governance.
• Federal Structure: The Constitution establishes a dual polity, with powers divided between the central government and state governments. It outlines the distribution of powers and responsibilities, fostering unity in diversity.

5. Landmark Cases and Examples:

Case Law Example 1: Kesavananda Bharati v. State of Kerala (1973): 

• Background: The case centered around the challenge to the Kerala Land Reforms Act, 1969, by Swami Kesavananda Bharati, who argued that it violated his fundamental right to manage the properties of his religious mutt.
• Basic Structure Doctrine: The most significant outcome was the formulation of the "Basic Structure Doctrine," which established that while the Parliament has the power to amend the Constitution, it cannot alter its essential features or "basic structure."
• Essential Features: The "basic structure" wasn't precisely defined, but the court identified principles like democracy, federalism, secularism, and the rule of law as part of it. These principles are immune from arbitrary amendments.
• Doctrine of Prospective Overruling: The court introduced the doctrine of prospective overruling, allowing a declared unconstitutional law to continue for a specific period, giving the Parliament time to amend it.
• Limits on Amendment Power: The judgment implied that the Parliament's power to amend the Constitution is subject to judicial review. The court asserted its authority to review and strike down amendments that violate the basic structure.
• Fundamental Rights Protection: The case reinforced the importance of safeguarding fundamental rights from arbitrary amendments.
• Judicial Supremacy: The case established the principle of judicial supremacy, emphasizing the role of the Supreme Court as the guardian of the Constitution's core principles.
• Constitutional Philosophy: The case marked a turning point in Indian constitutional jurisprudence, shaping the philosophy of preserving fundamental constitutional principles from undue alteration.
• Legal Precedent: The Kesavananda Bharati case has had a lasting impact on constitutional law, influencing subsequent judgments and interpretations.
• Legacy: The case stands as a testament to the Indian judiciary's commitment to upholding democratic values, fundamental rights, and the rule of law.

Case Law Example 2 : Maneka Gandhi v. Union of India (1978)

• Background: Maneka Gandhi's passport was impounded by the Indian government without providing her with a chance to explain or contest the decision.
• Article 21 Interpretation: The case expanded the interpretation of Article 21 of the Indian Constitution, stating that personal liberty encompasses more than just physical restraint.
• Due Process: The concept of "due process" was introduced, requiring that any procedure affecting personal liberty must be fair, just, and reasonable, and must adhere to principles of natural justice.
• Right to Travel: The case reaffirmed the right to travel as an essential aspect of personal liberty, which cannot be arbitrarily curtailed.
• Opportunity to be Heard: It emphasized the principle of "audi alteram partem," stating that before depriving someone of their passport and the right to travel, they must be given a chance to be heard.
• Reasonable Restrictions: While acknowledging that the right to travel can be restricted for valid reasons like preventing evasion of the law or national security, such restrictions must be reasonable and not arbitrary.
• Unconstitutional Action: The Supreme Court ruled that impounding Maneka Gandhi's passport without allowing her an opportunity to present her case violated her fundamental rights and was unconstitutional.
• Influential Precedent: The case set significant precedents for the protection of personal liberties, due process, and fair procedures in Indian constitutional law.
• Importance in Jurisprudence: Maneka Gandhi v. Union of India marked a crucial milestone in shaping the understanding of fundamental rights and the limitations on governmental actions affecting those rights.
• Balancing Individual Rights: The case highlighted the need to strike a balance between individual rights and legitimate state interests when imposing restrictions on personal liberty.
• Evolution of Legal Principles: The ruling has had a lasting impact on subsequent legal interpretations in India, strengthening the safeguards against arbitrary governmental actions.
• Legal and Social Significance: This case underscored the role of the judiciary in upholding the principles of justice, fairness, and individual rights within a democratic framework.