Analyze the impact of the 1935 Government of India Act on the creation of the Constitution of India. Talk about the differences and similarities with this previous constitutional structure.
Secularism can be defined as a social order where religion is neither actively promoted nor criticized. The western concept of secularism is based on the idea of mutual exclusion i.e both religion and state must stay away from each other. The Indian concept of secularism is different as we follow thRead more
Secularism can be defined as a social order where religion is neither actively promoted nor criticized. The western concept of secularism is based on the idea of mutual exclusion i.e both religion and state must stay away from each other. The Indian concept of secularism is different as we follow the idea of Principled Distance i.e there is no strict boundary between state and religion and they are not divided into water tight compartments as they share porous borders boundaries.
Originally the Indian constitution did not mention the word Secularism. It was added by the 42nd Amendment in 1976 but it does not mean that The Indian constitution was not secular on 26th November 1949 when the constitution was adopted. Through various articles Indian constitution has ascertained that India is a secular nation.
Indian secularism is based on the following ideologies:
Nehruvian – State should not have any religion and state should not discriminate anyone on the basis of religion. Article 15 and 27.
Gandhian – “Sarv Dharm Sambhav” i.e. all religions coexist. Religions should be treated equally and rights to practice ones religion. Article 25 and 14.
Dr. B.R. Ambedkar – Minorities right to religion. Article 29, 30 and 17.
Fundamental rights:
Article 14: Equality before law (irrespective of religion)
Article 15: State shall not discriminate on the basis of religion.
Article 25 – 28: Ensure freedom of religion to all.
Secularism forms the basics structures of the constitution. The Indian Union is not completely identified with a particular religion also it is not adverse to the use of religious symbols. Every citizen is equally entitled to the freedom of conscious and right to religion to freely profess, practice and propagate the religion of their own choice. Thus it would be correct to say that Indian constitution was secular even on 26 November 1949 before the word secularism was added in the Indian constitution by the 42nd constitutional amendment of 1976.
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The Government of India Act, 1935 had a significant influence on the drafting of the Indian Constitution, with both continuities and departures observed in the final constitutional framework. Continuities: Federal Structure: Both the Government of India Act, 1935 and the Indian Constitution adoptedRead more
The Government of India Act, 1935 had a significant influence on the drafting of the Indian Constitution, with both continuities and departures observed in the final constitutional framework.
Continuities:
Federal Structure: Both the Government of India Act, 1935 and the Indian Constitution adopted a federal structure, with a central government and provincial/state governments.
Distribution of Powers: The Constitution retained the broad division of powers between the Union and the states, as established in the 1935 Act, with the Union government having greater powers.
Bicameral Legislature: While the Indian Constitution ultimately opted for a unicameral Parliament at the Union level, the 1935 Act had established a bicameral legislature at the center, which was a reference point during the debates.
Gubernatorial System: The Constitution retained the gubernatorial system, with the President/Governor acting as the nominal head of the Union/state governments.
All-India Services: The Constitution continued the system of All-India Services, such as the Indian Administrative Service and the Indian Police Service, which were introduced in the 1935 Act.
Departures:
Constituent Assembly: The most significant departure was the drafting of the Constitution by a democratically elected Constituent Assembly, rather than being imposed by the British Parliament, as was the case with the 1935 Act.
See lessStrengthened Centre: The Indian Constitution granted the Union government significantly more powers compared to the 1935 Act, reflecting a stronger unitary bias.
Fundamental Rights: The Constitution incorporated a comprehensive Bill of Fundamental Rights, which was absent in the 1935 Act.
Directive Principles of State Policy: The Constitution introduced the novel concept of Directive Principles of State Policy, which were non-justiciable but guided the state’s policymaking.
Judiciary: The Constitution established a unified, integrated judiciary, unlike the dual judiciary system envisaged in the 1935 Act.
Electoral System: The Constitution introduced a system of direct elections to the Lok Sabha, as opposed to the indirect elections prescribed in the 1935 Act.
The influence of the Government of India Act, 1935 is evident in the Indian Constitution, particularly in the broad federal structure and the distribution of powers between the Union and the states. However, the Constituent Assembly, guided by the vision of a democratic, sovereign, and egalitarian India, made significant departures to create a unique constitutional framework that better reflected the aspirations of the Indian people.