Evolution of Modern Constitutions
From Magna Carta to the written constitutions of the twentieth century, and what India took from them
In one minute
The modern constitution grew over about six centuries. Written limits on kings (1215), the supremacy of Parliament (1689), the first written national constitution (1787) and the rights of the citizen (1789) are its main steps.
Exams ask for these milestones with dates. They also help you see where the ideas of the Indian Constitution came from.
Exam focus
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Legal provision
No article of the Indian Constitution describes this history. The following provisions show the ideas that grew out of it.
- Preamble: secures justice, liberty, equality and fraternity to all citizens. Equality and liberty were central demands of the revolutions of the eighteenth century.
- Part III (Articles 12 to 35): Fundamental Rights, the Indian form of a bill of rights.
- Article 75(3): the Council of Ministers is collectively responsible to the House of the People. This is the parliamentary system developed in Britain.
- Article 368: the written amending procedure, a feature of rigid written constitutions.
Meaning and definition
The evolution of modern constitutions is the story of how states moved from rule by the will of the king to rule under a fundamental law. Thinkers such as John Locke and Jean-Jacques Rousseau argued that government rests on the consent of the governed. Rulers and ruled gradually accepted written limits on power.
A modern constitution has four marks. It is the highest law. It sets up the organs of government. It limits their powers. It protects the rights of the people.
- 1215Magna Carta: King John accepts written limits on royal power.
- 1689Bill of Rights: Parliament is supreme over the Crown.
- 1787The United States Constitution is drafted: a written national constitution.
- 1789The French Declaration of the Rights of Man and of the Citizen.
- 1940sMany newly independent states, including India, adopt written constitutions.
Detailed explanation
Step 1: Magna Carta, 1215
English barons forced King John to accept Magna Carta at Runnymede. It said the king must follow the law of the land and could not punish or tax freemen as he pleased. It was a feudal charter, not a constitution. But it planted the idea that even the king is under the law.
Example. Think of a zamindar who promises his tenants in writing that he will not raise the rent without their consent. The promise does not create a government. It only limits one powerful man. Magna Carta was like that.
Step 2: the Petition of Right, 1628 and the Bill of Rights, 1689
The Petition of Right, 1628 had earlier asked Charles I not to tax without Parliament's consent or imprison people without cause. After a long struggle between the Stuart kings and Parliament, the Glorious Revolution ended with the Bill of Rights, 1689. It made Parliament supreme over the Crown. It required free elections to Parliament, barred taxes without Parliament's consent, and prohibited cruel punishments. Britain still has no single constitutional document. Its constitution is made up of statutes, court decisions and conventions.
Step 3: the American Constitution, 1787
The thirteen American colonies declared independence in 1776. A convention at Philadelphia drafted the United States Constitution in 1787. It came into force in 1789 after the states approved it. It is the oldest written national constitution still in force. It created a federation, separated the powers of the three organs, and was hard to amend. The first ten amendments, the Bill of Rights, were added in 1791.
In Marbury v. Madison (1803), the Supreme Court of the United States held that it could declare a law void if it conflicted with the Constitution. India's courts exercise a similar power of judicial review (testing a law against the Constitution).
Step 4: France, 1789
The French Revolution produced the Declaration of the Rights of Man and of the Citizen in 1789. It declared that sovereignty lies in the nation, not the monarch, and that men are born free and equal in rights. France adopted a written constitution in 1791. The trio of liberty, equality and fraternity became the motto of the revolution. The Preamble to the Indian Constitution also lists liberty, equality and fraternity.
Step 5: the twentieth century
After the First World War, constitutions such as the Weimar Constitution of Germany (1919) added social and economic rights beside civil liberties. After the Second World War, Japan (1947), Italy (1948) and Germany (the Basic Law of 1949) adopted new written constitutions. The largest wave came with the end of empire. India's Constitution was adopted on 26 November 1949 and came into force on 26 January 1950.
Step 6: what India took from these steps
- The parliamentary form of government came from Britain.
- Fundamental Rights and the power of judicial review reflect the American model.
- The written text, the federal division of powers and a fixed amending procedure are also features of the American model.
- The Directive Principles in Part IV are generally traced to the Irish Constitution of 1937.
Don't confuse: a charter and a constitution
| Point | Magna Carta (1215) | United States Constitution (1787) |
|---|---|---|
| Nature | A feudal charter between king and barons | A national constitution made by representatives of the people |
| Government organs | Does not create them | Creates Congress, the President and the courts |
| Legal rank | One source of English law | Highest law of the land |
Inside the concept. The 1787 document says how many Senators each state sends and how the President is chosen. It sets up the government.
Just outside it. Magna Carta promises that no freeman shall be imprisoned except by the lawful judgment of his peers or the law of the land. It limits the king but does not create a government.
Common mistakes
- Calling Magna Carta the first written constitution. It is a landmark charter, not a constitution.
- Saying Britain has no constitution. It has an unwritten, or uncodified, one.
- Mixing the dates 1689 (English Bill of Rights) and 1791 (American Bill of Rights).
- Saying the Indian Constitution was copied from one country. It drew on several.
Apply it
Problem
An examiner asks: "Magna Carta is the first constitution in the world." Do you agree?
Issue. Was Magna Carta a constitution in the modern sense?
Rule. A modern constitution is a fundamental law that sets up the organs of government, limits their powers and protects rights.
Application. Magna Carta limited the king's power over freemen. It did not create Parliament or courts, and it was not made by the people.
Conclusion. Magna Carta is an early landmark in limiting power, but it is not a constitution in the modern sense. The United States Constitution of 1787 is the oldest written national constitution still in force.
Leading case laws
- Marbury v. Madison (1803), Supreme Court of the United States
Facts. William Marbury was appointed a justice of the peace by the outgoing President. The new Secretary of State, James Madison, withheld his commission. Marbury asked the Supreme Court for a writ of mandamus.
Principle. The Court held that the law giving it this power was against the Constitution. It declared that a law contrary to the Constitution is void.
Why it matters. It is the best-known early statement of judicial review under a written constitution.
How to write this answer in the exam
5-mark answer
- Define a modern constitution in a line.
- List four milestones with dates: 1215, 1689, 1787, 1789.
- Say what each added.
- Close with India's place in the twentieth-century wave.
10-mark answer
- Meaning and the social contract idea.
- Magna Carta and its limits.
- Bill of Rights, 1689 and the English unwritten constitution.
- The American Constitution and judicial review.
- The French Declaration, 1789.
- Twentieth-century written constitutions.
- What India took from each.
Key points to remember
- Magna Carta (1215): written limit on royal power, but not a constitution.
- Bill of Rights (1689): Parliament supreme over the Crown. English constitution stays uncodified.
- United States Constitution (1787): oldest written national constitution still in force. In force from 1789.
- French Declaration (1789): sovereignty of the nation, rights of the citizen.
- India adopted its written constitution on 26 November 1949.
- Marbury v. Madison (1803): early judicial review.
Quick self-test
1. Why is Magna Carta not a modern constitution?
It limited the king but did not create the organs of government or rest on the people's authority.
2. What did the Bill of Rights, 1689 establish?
The supremacy of Parliament over the Crown, with free elections, no taxation without Parliament's consent and no cruel punishment.
3. Which is the oldest written national constitution still in force?
The Constitution of the United States, drafted in 1787 and in force from 1789.