The Indian Constitution has, as part of the history of nation making and the process of nation building, become the site of contestations of power. This article seeks to frame this discourse through a history of negotiations between communities seeking to create for themselves a “shared” constitution and resolve cultural fault lines through a vision of a cultural document that was to be the “Indian” Constitution. It attempts to comprehend the specificity of the constitutional design and the history of the idea of the text that is the Indian Constitution as an ideological contest between two visions, “constitution through nation” and “nation through constitution”.

The Constitution of India embodies provisions providing basic democratic rights of human beings including the persons who are not Indian citizens. It also embodies provisions for the availability of institutions for legislation, execution and jurisdiction for the fulfilment these rights. It presents a vision for social transformation and deepening of democracy in India. The process of evolution of democratic institutions and rights had started much before the Constituent Assembly really made the Constitution of India. It, however, must be underlined that the features of democratic institutions and values which were introduced during the colonial period were meant to serve the colonial interests in contrast to the purpose of the provisions of the Constitution made by the Constituent Assembly of India. Although the Indian Constitution was result of the deliberations (from December 9, 1947 to November 26, 1949) of the Constituent Assembly, some of its features had evolved over three quarters of a century through various Acts, i.e., from 1858 to 1935.

The very idea to have our own Constitution was given by MN Roy. MN Roy was a great political philosopher. Then a Constituent assembly of India was set-up in December, 1946. Constituent assembly was set up in accordance with Cabinet Mission Plan under the chairmanship of Sachidanand Sinha.

The Indian Constitution''s historical underpinnings can be traced back to various sources, including indigenous traditions, colonial experiences, and Western political thought.

1. Indigenous Traditions: The Constitution draws upon India''s ancient and medieval political and social traditions. Ancient Indian texts such as the Vedas, Upanishads, and Dharmashastras provided insights into the nature of governance, rights, and duties.

• • The Buddhist and Jain teachings on non-violence, tolerance, and equality also influenced the Constitution''s framing.
  • Similarly, the medieval Bhakti movement''s emphasis on individual liberty and spiritual equality also found reflection in the Constitution.

2. Colonial Experiences: The British colonial rule in India had a profound impact on the Constitution''s framing. The Indian National Congress and other political movements that emerged during the colonial period drew heavily on Western ideas of liberty, democracy, and constitutionalism.

• • The Montagu-Chelmsford Reforms of 1919 and the Government of India Act of 1935 laid the groundwork for the Constitution''s eventual drafting.

3. Western Political Thought: The Constitution also reflects the influence of Western political thought, particularly the ideas of liberal democracy and the separation of powers.

• • The framers of the Indian Constitution were inspired by the American and French Constitutions and the British parliamentary system.
  • The Constitution also incorporates elements of socialist and Gandhian thought, such as the idea of social and economic justice and the emphasis on non-violence.

The historical underpinnings of the Indian Constitution reflect India''s diverse social and political experiences. The Constitution draws on India''s indigenous traditions, colonial experiences, and Western political thought, and has evolved through amendments to reflect changing aspirations and challenges. Despite this the Constitution remains a living document, reflecting India''s democratic and pluralistic ethos.