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The Making of the Indian Constitution

Constitution Making Process Overview

The Indian Constitution is the longest written constitution in the world, adopted on November 26, 1949 and came into effect on January 26, 1950. Its making was a monumental task spanning nearly 3 years.

Key Aspects of Constitution Making:

  1. Constituent Assembly: Formed under Cabinet Mission Plan (1946)
  2. Drafting Committee: Headed by Dr. B.R. Ambedkar
  3. Time Taken: 2 years, 11 months, 18 days
  4. Sessions: 11 sessions over 165 days
  5. Expenditure: ₹6.4 million
  6. Final Document: 395 Articles, 8 Schedules (originally)

Philosophical Foundations:

  • Preamble: Declares India as Sovereign, Socialist, Secular, Democratic Republic
  • Fundamental Rights: Inspired by US Constitution (Part III)
  • Directive Principles: Inspired by Irish Constitution (Part IV)
  • Federal Structure: With unitary bias (Article 1)
  • Parliamentary System: British model with Indian modifications

Key Milestones:

9 Dec 1946 First Meeting

Constituent Assembly first met with Sachchidananda Sinha as temporary chairman

13 Dec 1946 Objective Resolution

Jawaharlal Nehru moved historic resolution outlining constitution's philosophy (later became Preamble)

26 Nov 1949 Adoption

Constitution adopted on November 26 (celebrated as Constitution Day)

26 Jan 1950 Enforcement

Constitution came into force on January 26 (selected to honor 1930 Purna Swaraj declaration)

Detailed Constitution Making Timeline

1946 Cabinet Mission Plan

Proposed formation of Constituent Assembly (389 members - 292 from provinces, 93 from princely states, 4 from Chief Commissioners' provinces)

Dec 9, 1946 First Meeting

Assembly met with Sachchidananda Sinha as temporary chairman. Muslim League boycotted

Dec 11, 1946 Rajendra Prasad Elected

Elected as permanent President of Constituent Assembly

Dec 13, 1946 Objective Resolution

Jawaharlal Nehru moved historic resolution outlining constitution's philosophy (later became Preamble)

Aug 1947 Partition Changes

Membership reduced to 299 after partition (229 from Indian provinces, 70 from princely states)

Aug 29, 1947 Drafting Committee

7-member committee appointed with Dr. B.R. Ambedkar as Chairman

Feb 1948 Draft Published

First draft published for public feedback (8 months for comments)

Nov 4, 1948 First Reading

Draft Constitution debated clause by clause (5 months)

Oct 1949 Second Reading

Revised draft considered (114 days of discussion)

Nov 14, 1949 Third Reading

Final version debated and amended

Nov 26, 1949 Adoption

Constitution adopted with signatures of 284 members

Jan 26, 1950 Commencement

Constitution came into force. Dr. Rajendra Prasad became first President

Key Committees of Constituent Assembly

Drafting Committee

Chairman: Dr. B.R. Ambedkar

Members: 7 (Including Alladi Krishnaswamy Ayyar, N. Gopalaswami, K.M. Munshi)

Function: Prepared draft constitution (Feb 1948)

Union Constitution Committee

Chairman: Jawaharlal Nehru

Function: Framed structure of central government

Provincial Constitution Committee

Chairman: Sardar Vallabhbhai Patel

Function: Designed state government structure

Union Powers Committee

Chairman: Jawaharlal Nehru

Function: Determined center-state power distribution

Advisory Committee

Chairman: Sardar Patel

Sub-committees: Fundamental Rights (J.B. Kripalani), Minorities (H.C. Mookherjee)

Rules of Procedure Committee

Chairman: Dr. Rajendra Prasad

Function: Established Assembly's working procedures

Steering Committee

Chairman: Dr. K.M. Munshi

Function: Coordinated between various committees

Flag Committee

Chairman: Rajendra Prasad

Outcome: Adopted tricolor (July 22, 1947)

Important Personalities

Personality Role Contribution
Dr. B.R. Ambedkar Chairman, Drafting Committee Principal architect of Constitution
Jawaharlal Nehru Chairman, Union Committees Moved Objective Resolution
Sardar Patel Chairman, Provincial Committee Integrated princely states
Rajendra Prasad President of Assembly Presided over debates
B.N. Rau Constitutional Advisor Prepared initial draft

Salient Features of Indian Constitution

Written & Comprehensive

    1. Longest written constitution (145,000 words)
    2. Original: 395 Articles, 8 Schedules
    3. Current: 470 Articles, 12 Schedules

Preamble

    1. Declares India as Sovereign, Socialist, Secular, Democratic Republic
    2. Justice, Liberty, Equality, Fraternity as ideals
    3. 42nd Amendment added "Socialist", "Secular"

Federal with Unitary Bias

    1. Division of powers (Union, State, Concurrent Lists)
    2. Strong center (Article 356, single citizenship)
    3. Integrated judiciary

Parliamentary System

    1. President as nominal head
    2. Prime Minister as real executive
    3. Collective responsibility to Lok Sabha

Fundamental Rights

    1. Justiciable rights (Article 12-35)
    2. 6 categories: Equality, Freedom, Against Exploitation, Religion, Cultural, Constitutional Remedies
    3. Subject to reasonable restrictions

Directive Principles

    1. Non-justiciable state policy guidelines (Article 36-51)
    2. Aim to establish welfare state
    3. Inspired by Irish Constitution

Fundamental Duties

    1. Added by 42nd Amendment (Article 51A)
    2. 11 duties for citizens
    3. Inspired by USSR constitution

Independent Judiciary

    1. Integrated system with Supreme Court at apex
    2. Judicial review power
    3. Basic structure doctrine (Kesavananda Bharati case)

Amendment Procedure

    1. Flexible + Rigid (Article 368)
    2. 3 methods: Simple majority, Special majority, Special majority + state ratification
    3. 104 amendments till January 2023

MCQs on Constitution Making

1. Who was the Chairman of the Drafting Committee of the Indian Constitution?
Answer: B) B.R. Ambedkar
Explanation: Dr. B.R. Ambedkar was the Chairman of the Drafting Committee formed on 29 August 1947.
2. The Constitution of India was adopted on:
Answer: C) 26th November 1949
Explanation: The Constitution was adopted on 26th November 1949 and came into effect on 26th January 1950.
3. How many members were there in the Constituent Assembly at the time of the adoption of the Constitution?
Answer: A) 299
Explanation: After the partition, the Constituent Assembly had 299 members, out of which 284 signed the Constitution.
4. Who proposed the 'Objective Resolution' in the Constituent Assembly?
Answer: C) Jawaharlal Nehru
Explanation: Nehru presented the Objective Resolution on 13 December 1946, which later became the Preamble's foundation.
5. Which was the basis of representation in the Constituent Assembly?
Answer: B) Population of provinces
Explanation: Representation in the Constituent Assembly was roughly in proportion to the population of each province.
6. Who was the temporary Chairman of the Constituent Assembly?
Answer: B) Sachidananda Sinha
Explanation: Dr. Sachidananda Sinha was appointed as the temporary Chairman of the Constituent Assembly.
7. On which date was the Constitution of India adopted?
Answer: C) 26th November 1949
Explanation: The Constitution was adopted on 26th November 1949 but came into effect on 26th January 1950.
8. Who was the Constitutional Advisor to the Constituent Assembly?
Answer: C) B.N. Rau
Explanation: B.N. Rau was appointed as the Constitutional Advisor to the Constituent Assembly.
9. The Drafting Committee was appointed on:
Answer: C) 29th August 1947
Explanation: The Drafting Committee was appointed on 29th August 1947 with Dr. B.R. Ambedkar as its Chairman.
10. Who moved the ‘Objectives Resolution’ in the Constituent Assembly?
Answer: B) Jawaharlal Nehru
Explanation: The Objectives Resolution, which laid the foundation of the Constitution, was moved by Nehru in December 1946.
11. Which of the following committees was not one of the major committees of the Constituent Assembly?
Answer: D) Political Affairs Committee
Explanation: There was no Political Affairs Committee in the Constituent Assembly; others were key drafting committees.
12. Which act formed the legal basis for the Constituent Assembly's formation?
Answer: C) Cabinet Mission Plan, 1946
Explanation: The Cabinet Mission Plan provided the framework for setting up the Constituent Assembly.
13. Which member of the Constituent Assembly was famously referred to as the ‘Father of the Indian Constitution’?
Answer: C) Dr. B.R. Ambedkar
Explanation: Due to his pivotal role in drafting the Constitution, Ambedkar is honored as the 'Father of the Indian Constitution.'
14. How many sessions did the Constituent Assembly conduct before the Constitution was adopted?
Answer: C) 11
Explanation: The Constituent Assembly met in 11 sessions over 2 years, 11 months, and 18 days to draft the Constitution.
15. Which statement best reflects the nature of the Indian Constitution-making process?
Answer: C) It was a sovereign, indigenous, and democratic process.
Explanation: Though influenced by various sources, the process was led by Indians, representing diverse interests through debate and consensus.
16. How many members signed the final Constitution?
Answer: A) 284
Explanation: Out of 299 members, 284 were present to sign the final document on November 26, 1949.
17. Who among these was NOT a member of the Drafting Committee?
Answer: D) Jawaharlal Nehru
Explanation: Nehru chaired other committees but wasn't part of the 7-member Drafting Committee.

Sources of Indian Constitution

Major Borrowed Features

Source Features Borrowed
Government of India Act 1935 Federal scheme, Office of Governor, Judiciary, Public Service Commissions, Emergency provisions
UK Parliamentary government, Rule of Law, Legislative procedure, Cabinet system, Prerogative writs
USA Fundamental rights, Judicial review, Independence of judiciary, President as supreme commander
Ireland Directive Principles of State Policy, Method of Presidential election
Canada Federation with strong center, Residuary powers with center, Appointment of Governors
Australia Concurrent list, Freedom of trade, Joint sitting of Parliament
Germany (Weimar) Suspension of Fundamental Rights during Emergency
South Africa Procedure for amendment of Constitution, Election of Rajya Sabha members
France Republic, Ideals of liberty, equality and fraternity
USSR Fundamental duties, Ideals of justice in Preamble

Key Innovations in Indian Constitution

  • Fundamental Duties: Added by 42nd Amendment (1976), inspired by USSR but unique in formulation
  • Directive Principles: Irish model but more comprehensive
  • Federalism with Unitary Bias: Unique combination drawing from Canada and emergency provisions from Germany
  • Integrated Judiciary: Single system for both center and states unlike USA's dual system
  • Amendment Procedure: Flexible yet rigid, borrowing from South Africa but with unique features