Making of the Constitution

Background to the constitution

• 1757 - 1947 → British rule → Political domination → Exploitation by Britisher →
• Demand by nationalists → Constitutional Reforms → Regulating acts, Charter Acts
• What is constitution?
• Document that constitutes states that has power to make decisions but has to follow certain norms. These norms act as limitations, like Fundamental rights of Part III. → Constitutionalism
• Document of governance
• Rule book → Minimal coordination
• Text book → Just society → eg Article 17
• Fundamental identity
• Original Constitution
• Making of the constitution
• Had: Preamble, 395 articles in 22 parts, 08 schedules.
• Now: Preamble, 470 articles in 25 parts, 12 schedules.
• Important Dates
• 9-12-1946: First meeting of constituent assembly for undivided India
• 14-08-1947: First meeting of constituent assembly for divided India
• 26-11-1949: Constitution adopted & enacted; a few articles came into force.
• 26-01-1950: Commencement of the Constitution (as given in Article 394). → Constitution came into force/effect on 26 January 1950.
• Constituent Assembly
• Total Membership: 389
• Provinces: 292
• Chief Commissioner Provinces: 4
• Princely States: 93 (but did not nominate)
• It was a multi-party indirectly elected body, not based on adult franchise.
• Members were elected by provincial assemblies by proportional representation.
• Elections to 296 seats done in July-August 1946; INC 208, ML 73.
• Constitution: November 1946 under the scheme formulated by Cabinet Mission Plan.
• Sovereign Body:
• Could frame any Constitution, could alter any law made by the British Parliament for India.
• First Parliament: Acted as the first Parliament of independent India (enacted ordinary laws).
• Dr. Rajendra Prasad: Chaired sittings of the House when it met as Constituent Assembly.
• GV Mavalankar: Presided over as Speaker when the House met as Legislature.
• Important Facts about Constituent Assembly
• Seal (Symbol): Elephant
• Not a Member: Gandhi
• Advisor: BN Rau
• Secretary: HVR Iyengar
• Functions Performed by Constituent Assembly (CA)
• 1947 July 22: Adopted national flag (before independence).
• 1949 May: Ratified membership to Commonwealth, not the UN.
• 1950 January 24:
• Adopted the national anthem.
• Adopted the national song.
• Elected Dr. Rajendra Prasad as the first President of India.
• Changes to CA by Indian Independence Act 1947 (An Act of British Parliament)
• 1. Became a fully sovereign body.
• 2. Strength reduced to 299.
• 3. CA also became a legislative body (Parliament).
• *Article 395 Repealed Government of India Act 1935 & Indian Independence Act 1947 repealed.
• 8 Major Committees of Constituent Assembly and Their Chairmen

• Drafting Committee of Constituent Assembly
• 1. Chairman: B. R. Ambedkar
• 2. Alladi Krishnaswamy Ayyar
• 3. T. T. Krishnamachari (He replaced D. P. Khaitan)
• 4. N. Gopalaswamy Ayyangar
• 5. N. Madhava Rau (He replaced B. L. Mitter)
• 6. K. M. Munshi
• 7. Syed Mohammad Saadullah
• Objectives Resolution
• Moved by: Nehru on 13-12-1946; adopted by Assembly on 22-01-1947 (before independence)
• Modified Version: Forms the Preamble
• Features :
• People as the source of power
• Republic, Justice, Liberty, Equality
• Union of States; Residuary power to states
• Safeguards for tribals, minorities, backward classes
• Promote world peace and welfare of mankind
• Salient Features of the Constitution · Reasons
• 1. Lengthiest Written Constitution
• Reasons →
• The 1935 act was bulky.
• India's vast size and diversity.
• Single Constitution for Centre and States.
• Dominance of legal luminaries in the Constituent Assembly.
• Administrative details also included, which in other countries are left to the legislature.
• 2. Drawn from Various Sources
• 3. Blend of Rigidity and Flexibility
• Salient Features of the Constitution · Concepts
• 4. Federal System with Unitary Bias
• 5. Parliamentary Form of Government
• 6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy
• 7. Rule Of Law
• 8. Integrated and Independent Judiciary
• 9. Secularism
• Concepts:
• Western (Negative) Concept: Complete separation between religion and State.
• Indian (Positive) Concept: Equal respect to all religions or protect all religions equally.
• Salient Features of the Constitution · India as a Secular Country
• India as a Secular Country:
• India does not have any official religion.
• Officially, India is the "Republic of India", while Pakistan is the "Islamic Republic of Pakistan".
• 10. Universal Adult Franchise
• Article 326: Adult suffrage for elections to Lok Sabha and State Legislative Assemblies, age 21.
• 61st Amendment (1988): Reduced voting age to 18.
• 11. Single Citizenship
• 12. Emergency Provisions
• 13. Three-tier Government
• Sources and Features Borrowed for the Indian Constitution

• Must remember following
• Fundamental Rights from the USA.
• Fundamental Duties from the USSR.
• Directive Principles of State Policy from Ireland.
• Nomination to Rajya Sabha from Ireland.
• Emergency provisions from the Government of India Act 1935 and Germany.
• Federal structure from the Government of India Act 1935 and Canada.
• Parliamentary system from the UK.
• Single citizenship from the UK.
• Concurrent list from Australia.
• Schedules of the Indian Constitution and Their Subject Matter