Module1

Indian Constitutions: Necessarily of the constitution, Society before and after the constitute adoption,
Introduction of Indian Constitution, Making of the constitution, role of the constituent assembly.

Notes on the Indian Constitution

1. Necessity of the Constitution

 A constitution provides a framework for governance and defines the rights and duties of citizens.
 Ensures political stability, rule of law, and protection of fundamental rights.
 Establishes institutions of government (Legislature, Executive, Judiciary).
 Helps in resolving conflicts and maintaining social justice and equality.
 Essential for national unity, sovereignty, and development.

2. Society Before and After the Constitution Adoption

Before the Constitution (Pre-1947)

 Colonial rule with British-imposed laws (Government of India Acts, 1935).

 Social hierarchy based on caste, gender discrimination, and economic inequality.
 Lack of fundamental rights and absence of participatory governance.
 Discriminatory laws favoring the British administration.

After the Constitution (Post-1950)

 Democratic governance with universal adult suffrage.

 Abolition of untouchability and promotion of social justice (Article 17).
 Fundamental Rights (Part III) ensuring equality, liberty, and dignity.
 Directive Principles of State Policy (Part IV) for socio-economic development.
 Strengthened national integration and secularism.

3. Introduction to the Indian Constitution

 Adopted on 26th November 1949, came into effect on 26th January 1950.
 Longest written constitution in the world.
 Inspired by constitutions of the USA, UK, Ireland, Canada, and USSR.
 Establishes India as a Sovereign, Socialist, Secular, Democratic Republic.
 Encompasses 395 Articles (originally), 22 Parts, and 8 Schedules (originally).
 Introduces Fundamental Rights, Directive Principles, and Fundamental Duties.

4. Making of the Constitution

  Constituent Assembly formed in 1946 under the Cabinet Mission Plan.
 Dr. B.R. Ambedkar was the Chairman of the Drafting Committee.
 The Assembly had 299 members, including Jawaharlal Nehru, Sardar Patel, Rajendra Prasad, etc.
 Took 2 years, 11 months, and 18 days to finalize the Constitution.
 Considered more than 60 constitutions worldwide as references.
 Debates and discussions led to a comprehensive and inclusive document.

5. Role of the Constituent Assembly

 Drafted and finalized the Constitution through debates and committees.

 Ensured democratic values, equality, and justice in governance.
 Addressed regional, linguistic, and cultural diversity.
 Formulated provisions for Fundamental Rights and Duties.
 Established parliamentary democracy and federal structure.
 Created a balance between individual rights and state authority.

Conclusion

The Indian Constitution serves as the supreme law that upholds democracy, secularism, and fundamental
rights. It has evolved through amendments to adapt to changing socio-political dynamics, ensuring
governance remains effective and inclusive.

Constituent Assembly - Making of the Indian Constitution

Prelims: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights
Issues, etc.

Mains: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions,

and basic structure.

The Constituent Assembly, formed in 1946, played a crucial role in drafting the Indian Constitution,
ensuring it reflected the nation's diverse cultural, social, and political fabric. Led by prominent figures like
Jawaharlal Nehru, Dr. B.R. Ambedkar, and Sardar Vallabhbhai Patel, the Assembly engaged in comprehensive
debates on federalism, fundamental rights, and governance, shaping the document's core principles.

The Constitution, adopted on November 26, 1949, and enforced on January 26, 1950, symbolized India’s shift
to a sovereign republic. This landmark event introduced a parliamentary democracy built on the principles of
justice, liberty, and equality, laying the groundwork for the country's governance and development.

What is a Constituent Assembly?

The Constituent Assembly is an institution specifically conceived to design or amend a Constitution, with the
authority to establish the norms that govern the political and social framework of a territory. In India, the
Constituent Assembly was formed in November 1946 under the Cabinet Mission Plan (1946) as a partly elected
and partly nominated body.

 It convened for the first time on December 9, 1946, to draft and formulate the Constitution of India,
seen as essential for implementing self-determination.
  After its final session on January 24, 1950, the Constituent Assembly served as the provisional
Parliament from January 26, 1950, until the first general elections in 1951-52 established the new
Parliament.

Historical background of the Constituent Assembly

The Constituent Assembly of India arose from the nation’s aspiration to frame its Constitution as a step toward
self-determination and the end of British colonial rule. This need was driven by the inadequacy of British-
imposed constitutional frameworks, like the Government of India Acts of 1919 and 1935, which limited self-
governance while retaining British control over critical areas like defense, finance, and foreign affairs, leaving
Indians with little real power.

 As a result, this disparity fueled dissatisfaction and strengthened the resolve for a sovereign,
independent governance system.
 Furthermore, leaders like Mahatma Gandhi, Jawaharlal Nehru, and Dr. B.R. Ambedkar emphasized that
only a Constitution created by Indians could represent the country’s diverse social, cultural, and political
landscape.
 The timeline below highlights the evolution of this idea, culminating in the Constituent Assembly’s role
in framing India’s Constitution and paving the way for complete independence.

The idea of a Constituent Assembly for India was put forward for the first time by M.N.Roy, a pioneer
1934
of the communist movement in India.
1935 Indian National Congress first demanded a Constituent Assembly to frame the Constitution of India.
J.L. Nehru declared that the Constitution of free India must be framed, without outside interference, by
1938
a Constituent Assembly elected based on Adult Franchise.
First time in principle, the demand for a Constituent Assembly was accepted by the British in the August
1940
offer of 1940.
Sir Stafford Cripps came to India with a draft proposal to frame an independent Constitution, which
1942
was rejected by the Muslim League.
Cabinet Mission was sent to India, which rejected the idea of two Constituent assemblies. Hence,
1946
Elections were held as per the Cabinet Mission plan of 1946 to establish the Constituent Assembly.

Composition of Constituent Assembly

The Constituent Assembly comprised members who were partly elected and partly nominated. The elected
members were indirectly elected by members of the provincial legislative Assembly, who were elected on the
limited franchise.

Total Strength of the Constituent Assembly (389)

British India (296) Princely states (93)
Note: The strength of the princely
Note: Members of the Muslim League who were originally from
kingdoms decreased from 93 to 70 when
Pakistani territory withdrew from the Indian Constituent Assembly.
members of the Muslim League withdrew
As a result, strength decreased from 296 to 229.
from the Indian Constituent Assembly.
 From the four Chief
 From 11 governors’
Commissioners’ provinces, one
provinces. (292)
from each. (4)

 Seats allocated to each British province were divided  Representatives of Princely states
among three principal communities- Muslims, Sikhs, and were to be nominated by their
General, in proportion to their population. respective heads.
 The representatives of each community were elected by
members of that community in the provincial legislative
Assembly, and voting was Proportional Representation
 through Single Transferable Vote.

Making of the Indian Constitution Timeline

The Indian Constitution was made by the Constituent Assembly, which came into existence as per the
provisions of the Cabinet Mission of May 1946. Its task was to formulate a Constitution for facilitating the
appropriate transfer of sovereign power from British authorities to Indian hands.

 9 December 1946: The Constituent Assembly sat for the first time.
 11 December 1946:Rajendra Prasad as President, Harendra Coomar Mookerjee and V.T.
Krishnamachari as the Vice Presidents were elected, and B. N. Rau as Constitutional legal advisor was
appointed.
 13 December 1946: Jawaharlal Nehru introduced the famous "Objective Resolution" in the Assembly,
which laid down the philosophy of the Constitution of India.
o It is geared toward fostering economic and political security in India through a written
Constitution and declaring India a Sovereign, Democratic Republic.
o It fostered the formulation of a federal with the even-handed distribution of powers between the
Centre and the states.
o It strives to secure equality, justice, and freedom of thought, expression, belief, faith, association,
and associated action for each subject of the country.
o It is geared toward providing necessary protection to the minority and backward section of
society.
o It strives to secure the integrity of the territory of the Indian republic and follow the law of any
civilized nation to secure rights on land, sea, and air.
 22 January 1947: The Resolution was unanimously adopted by the Assembly.
 July 1947- Indian Independence act, 1947: The Act made the following changes in the position of the
Constituent Assembly:
 The Assembly was given complete autonomy and the power to draft any Constitution it chose.
 The Act gave the Assembly the authority to annul or amend any law passed by the British
Parliament regarding India.
 The Assembly was also given legislative authority. As a result, the Assembly was elected as India's
first free Parliament (Dominion Legislature). Dr. Rajendra Prasad presided over meetings of the
Assembly as the Constituent body, and G.V. Mavlankar presided over those of the Assembly as the
Legislative body.
 July - October 1947: Preparation of the first draft by the Constitutional advisor, Constitutional
Advisor started putting together the first draft of the Constitution by aligning the reports already
discussed and adopted.
 22 July 1947: The Constituent Assembly adopted the National flag.
 October 1947- February 1948: Deliberations in Drafting Committee and resultant draft Constitution,
Drafting committee produced the draft Constitution by February 21, 1948,which contained 315
Articles and 8 Schedules.
 4 November 1948 - 9 November 1948 (First reading): Drafting committee published the draft
Constitution of India in February 1948. The draft was introduced in the Assembly in November 1948.
 15 November 1948 – 17 October 1949 (Second reading): Clause-by-clause draft discussion was
conducted in the Assembly.
 May 1949: The Constituent Assembly accepted and approved India's membership of the British
Commonwealth.
 14 November 1949 - 26 November 1949 (Third reading): The Assembly finished the third reading.
 26 November 1949: The Constituent Assembly passed and adopted the Constitution of India.
 24 January 1950: The Constituent Assembly elected Dr. Rajendra Prasad as the first President of
India and, adopted the National anthem and National song.

When did the Constitution come into force?

As per the provisions in the Constitution, it formally commenced on January 1950, bringing it into force in
its entirety. This date was chosen to commemorate the declaration of ‘Poorna Swaraj’ by J.L. Nehru at an
annual session of the Congress in Lahore in 1929.

 Some of the Constitution's provisions, included in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380,
388, 391, 392, and 393, relating to citizenship, elections, a provisional parliament, temporary and
transitional laws, and short titles, came into effect on November 26, 1949.
 The remaining provisions of the Constitution took effect on January 26, 1950, and the entire
Constitution was enforced. This day is celebrated as Republic Day.

Committees of the Constituent Assembly

The Constituent Assembly, at various points during the Constitution-making process, appointed several
committees on different aspects of the Constitution to conduct preliminary research and deliberations within
smaller groups.

Constituent Assembly Organizational Committee

The Organizational Committee of the Constituent Assembly was established to ensure the smooth functioning
of the Constitution-making process. Each committee, with a distinct purpose, addressed areas such as rules,
finances, state negotiations, procedural matters, and more, contributing to the efficient drafting of India’s
Constitution.

Committee Chairperson
Rules of procedure committee Rajendra Prasad
Steering committee Rajendra Prasad
Staff and finance committee Rajendra Prasad
Credentials committee A. K. Ayyar
Order of Business committee K. M. Munshi
States (negotiating) committee J. L.Nehru
Flag committee Rajendra Prasad
Committee on functions of Constituent Assembly G. V. Mavlankar

Constituent Assembly Principal Committees and their sub-committees

Other than the Organizational Committee, the Constituent Assembly also formed several Principal
Committees to address key aspects of the Indian Constitution. Following are the principal committees and their
sub-committees formed during this period.

Committee Chairperson
Advisory committee onfundamental rights, minorities, Tribal areas and excluded areas Sardar Patel
Union powers committee J. L. Nehru
Union Constitution committee J. L. Nehru
Provincial Constitution committee Sardar Patel
Drafting committee Dr. B. R. Ambedkar

Constituent Assembly Other Sectoral Committees

In addition to the organizational and principal committees, the Constituent Assembly established several
Sectoral Committees to address various issues related to the nation’s governance, which are as follows.

Committee Chairperson
Ad-hoc committee on citizenship S. Varadachariar
Committee on chief commissioner’s provinces N. Gopalaswami Ayyangar
Experts committee on Financial Provisions of Constitution N. R. Sarkar
Sub-committee on minority safeguards for West Bengal and East Punjab Sardar Patel

Criticism of Constituent Assembly

Several scholars and Constitutional experts have criticized the Constituent Assembly on various grounds. These
are as follows:

 Not a representative Body: Its members were not directly elected based on the universal adult
franchise.
 Not a Sovereign Body: It was created by the British proposals, and its sessions were held with the
permission of the British Government.
 Time-Consuming: It took an unduly long time to frame the Constitution, on the other hand the
American Constitution was formed in 4 months.
 Dominated by Congress: Granville Austin commented that “The Constituent Assembly was one party
body in an essentially one-party country. The Assembly was the Congress, and the Congress was India".
 Lawyer-Politician Domination: Scholars maintain that they dominated the Constituent Assembly and
are not representative of other sections.
 Dominated by Hindus: Winston Churchill commented that the Constituent Assembly represents
"Only one major community in India".

Despite these criticisms, we may assert that our founding parliament was a collection of India's finest, who
helped make the Indian Constitution the most dependable and wisest among all national Constitutions.

Constituent Assembly - Making of the Indian Constitution UPSC PYQs

Question 1. What was the exact Constitutional status of India on 26th January 1950? (UPSC Prelims 2020)

1. A Democratic Republic
2. A Sovereign Democratic Republic
3. A Sovereign Secular Democratic Republic
4. A Sovereign Socialist Secular Democratic Republic

Answer: (b)

Question 2. With reference to Indian National Movement, consider the following pairs: (UPSC Prelims 2019)

Person Position Held

1. Sir Tej Bahadur Sapru
President, All India Liberal Federation
1. K. C. Neogy
Member, The Constituent Assembly
1. P. C. Joshi
General Secretary, Communist Party of India

Which of the pairs given above is/are correctly matched?

1. 1 only
2. 1 and 2 only
3. 3 only
4. 1, 2 and 3

Answer: (d)
Question 3. Who among the following was the chairman of the Union Constitution Committee of the
Constituent Assembly? (UPSC Prelims 2005)

1. B.R. Ambedkar
2. J. B. Kripalani
3. Jawaharlal Nehru
4. Alladi Krishnaswami Ayyar

Answer: (a)

Constituent Assembly - Making of the Indian Constitution FAQs

Q1. When was the Constituent Assembly of India formed?

Ans. The Constituent Assembly of India was formed in 1946 under the Cabinet Mission Plan.

Q2. Who were some of the prominent leaders in the Constituent Assembly?

Ans. Some prominent leaders in the Constituent Assembly included Jawaharlal Nehru, Dr. B.R. Ambedkar,
and Sardar Vallabhbhai Patel.

Q3. What was the main purpose of the Constituent Assembly?

Ans. The main purpose of the Constituent Assembly was to draft and formulate the Constitution of India,
establishing a framework for governance after independence

Q4. When was the Constitution of India adopted?

Ans. The Constitution of India was adopted on November 26, 1949.

Q5. Who introduced Objective Resolution in the Constituent Assembly?

Ans. Jawaharlal Nehru introduced the Objective Resolution in the Constituent Assembly on December 13,
1946.