Notes: Making of Indian Constitution | Political Science & International Relations: Mains Optional - UPSC PDF Download

 Page 1


Polity Lecture 2.1
FEATURES OF INDIAN 
CONSTITUTION
Page 2


Polity Lecture 2.1
FEATURES OF INDIAN 
CONSTITUTION
Constituent Assembly and Constitution:
The Constitution of India was impacted by the manner in which it was formulated by the Constituent Assembly. The
processes involved impacted the features and philosophy of the Indian Constitution. According to Granville Austin,
two main processes were involved in Constitution making:
•Consensus
•Accommodation
Consensus was the aim of decision making process. It is both an ethical and effective way of making decisions
rather than the majority principle. Where they failed to reach consensus, there would be debates and discussion as
was seen on numerous fronts such as language issue- Hindi and national language etc. The importance of public
reason was emphasised in the mundane procedures of the Assembly as well.
The Constituent Assembly had eight major Committees on different subjects. Usually, Jawaharlal Nehru, Rajendra
Prasad, Sardar Patel or B.R. Ambedkar chaired these Committees. These were not men who agreed with each
other on many things. Ambedkar had been a bitter critic of the Congress and Gandhi, accusing them of not doing
enough for the upliftment of Scheduled Castes. Patel and Nehru disagreed on many issues. Nevertheless, they all
worked together. Each Committee usually drafted particular provisions of the Constitution which were then
subjected to debate by the entire Assembly. Usually an attempt was made to reach a consensus with the belief
that provisions agreed to by all, would not be detrimental to any particular interests.
Page 3


Polity Lecture 2.1
FEATURES OF INDIAN 
CONSTITUTION
Constituent Assembly and Constitution:
The Constitution of India was impacted by the manner in which it was formulated by the Constituent Assembly. The
processes involved impacted the features and philosophy of the Indian Constitution. According to Granville Austin,
two main processes were involved in Constitution making:
•Consensus
•Accommodation
Consensus was the aim of decision making process. It is both an ethical and effective way of making decisions
rather than the majority principle. Where they failed to reach consensus, there would be debates and discussion as
was seen on numerous fronts such as language issue- Hindi and national language etc. The importance of public
reason was emphasised in the mundane procedures of the Assembly as well.
The Constituent Assembly had eight major Committees on different subjects. Usually, Jawaharlal Nehru, Rajendra
Prasad, Sardar Patel or B.R. Ambedkar chaired these Committees. These were not men who agreed with each
other on many things. Ambedkar had been a bitter critic of the Congress and Gandhi, accusing them of not doing
enough for the upliftment of Scheduled Castes. Patel and Nehru disagreed on many issues. Nevertheless, they all
worked together. Each Committee usually drafted particular provisions of the Constitution which were then
subjected to debate by the entire Assembly. Usually an attempt was made to reach a consensus with the belief
that provisions agreed to by all, would not be detrimental to any particular interests.
The idea of consensus was helped as it had a background wherein certain principles were entrenched as 
being the core of Indian polity. For decades preceding the promulgation of the Constitution, the 
nationalist movement had debated many questions that were relevant to the making of the constitution 
— the shape and form of government India should have, the values it should uphold, the inequalities it 
should overcome. Answers forged in those debates were given their final form in the Constitution.
Principle of accommodation provides the capability to reconcile incomparable concepts. It reconciled 
the federal and unitary systems in achieving a sui-generis model, membership of commonwealth and 
being a republic, being a religious society and idea of secularism etc. Through this, a balanced 
arrangement of the institutions of government was sought. 
Apart from these two principles, a third may be seen as having evolved as a process for the Constituent 
Assembly- the art of selection and modification. Different things were selected from various 
constitutions and had to pass the test of applicability to India. These were modified and adapted to the 
democratic government envisioned for India creating a stable polity to suit our diversities and pluralities. 
Thus, the framers of the Constitution were not averse to borrowing from other constitutional traditions. 
Indeed, it is a testament to their wide learning that they could lay their hands upon any intellectual 
argument, or historical example that was necessary for fulfilling the task at hand. So they borrowed a 
number of provisions from different countries. India was extremely lucky to have an Assembly that 
instead of being parochial in its outlook could take the best available everywhere in the world and make 
it their own.
Page 4


Polity Lecture 2.1
FEATURES OF INDIAN 
CONSTITUTION
Constituent Assembly and Constitution:
The Constitution of India was impacted by the manner in which it was formulated by the Constituent Assembly. The
processes involved impacted the features and philosophy of the Indian Constitution. According to Granville Austin,
two main processes were involved in Constitution making:
•Consensus
•Accommodation
Consensus was the aim of decision making process. It is both an ethical and effective way of making decisions
rather than the majority principle. Where they failed to reach consensus, there would be debates and discussion as
was seen on numerous fronts such as language issue- Hindi and national language etc. The importance of public
reason was emphasised in the mundane procedures of the Assembly as well.
The Constituent Assembly had eight major Committees on different subjects. Usually, Jawaharlal Nehru, Rajendra
Prasad, Sardar Patel or B.R. Ambedkar chaired these Committees. These were not men who agreed with each
other on many things. Ambedkar had been a bitter critic of the Congress and Gandhi, accusing them of not doing
enough for the upliftment of Scheduled Castes. Patel and Nehru disagreed on many issues. Nevertheless, they all
worked together. Each Committee usually drafted particular provisions of the Constitution which were then
subjected to debate by the entire Assembly. Usually an attempt was made to reach a consensus with the belief
that provisions agreed to by all, would not be detrimental to any particular interests.
The idea of consensus was helped as it had a background wherein certain principles were entrenched as 
being the core of Indian polity. For decades preceding the promulgation of the Constitution, the 
nationalist movement had debated many questions that were relevant to the making of the constitution 
— the shape and form of government India should have, the values it should uphold, the inequalities it 
should overcome. Answers forged in those debates were given their final form in the Constitution.
Principle of accommodation provides the capability to reconcile incomparable concepts. It reconciled 
the federal and unitary systems in achieving a sui-generis model, membership of commonwealth and 
being a republic, being a religious society and idea of secularism etc. Through this, a balanced 
arrangement of the institutions of government was sought. 
Apart from these two principles, a third may be seen as having evolved as a process for the Constituent 
Assembly- the art of selection and modification. Different things were selected from various 
constitutions and had to pass the test of applicability to India. These were modified and adapted to the 
democratic government envisioned for India creating a stable polity to suit our diversities and pluralities. 
Thus, the framers of the Constitution were not averse to borrowing from other constitutional traditions. 
Indeed, it is a testament to their wide learning that they could lay their hands upon any intellectual 
argument, or historical example that was necessary for fulfilling the task at hand. So they borrowed a 
number of provisions from different countries. India was extremely lucky to have an Assembly that 
instead of being parochial in its outlook could take the best available everywhere in the world and make 
it their own.
In fact even while colonial rule of British was rejected, many institutions and conventions were borrowed in
the form of Parliamentary system and its regimes. The drafting committee headed by Dr. Ambedkar made
sure that this task of adaptation at hand was done with great care keeping in mind the peculiarities of Indian
society and its aspirations. Some of the borrowings include:
ØBritish Constitution- First Past the Post ;Parliamentary Form of Government; idea of the rule of law;
Institution of the Speaker and her/his role Law-making procedure; parliamentary privileges; bicameralism.
ØGovernment of India Act of 1935- Federal Scheme, Office of governor, Judiciary, Public Service
Commissions, Emergency provisions and administrative details.
ØU.S. Constitution- Fundamental rights, independence of judiciary, judicial review, impeachment of the
president, removal of Supreme Court and high court judges and post of vice President.
ØIrish Constitution- Directive Principles of State Policy, nomination of members to Rajya Sabha and method
of election of President.
ØCanadian Constitution- Federation with a strong Centre, vesting of residuary powers in the Centre,
appointment of state governors by the Centre, and advisory jurisdiction of the Supreme Court.
ØAustralian Constitution- Concurrent List, freedom of trade, commerce and intercourse, and joint sitting of
the two Houses of Parliament.
Page 5


Polity Lecture 2.1
FEATURES OF INDIAN 
CONSTITUTION
Constituent Assembly and Constitution:
The Constitution of India was impacted by the manner in which it was formulated by the Constituent Assembly. The
processes involved impacted the features and philosophy of the Indian Constitution. According to Granville Austin,
two main processes were involved in Constitution making:
•Consensus
•Accommodation
Consensus was the aim of decision making process. It is both an ethical and effective way of making decisions
rather than the majority principle. Where they failed to reach consensus, there would be debates and discussion as
was seen on numerous fronts such as language issue- Hindi and national language etc. The importance of public
reason was emphasised in the mundane procedures of the Assembly as well.
The Constituent Assembly had eight major Committees on different subjects. Usually, Jawaharlal Nehru, Rajendra
Prasad, Sardar Patel or B.R. Ambedkar chaired these Committees. These were not men who agreed with each
other on many things. Ambedkar had been a bitter critic of the Congress and Gandhi, accusing them of not doing
enough for the upliftment of Scheduled Castes. Patel and Nehru disagreed on many issues. Nevertheless, they all
worked together. Each Committee usually drafted particular provisions of the Constitution which were then
subjected to debate by the entire Assembly. Usually an attempt was made to reach a consensus with the belief
that provisions agreed to by all, would not be detrimental to any particular interests.
The idea of consensus was helped as it had a background wherein certain principles were entrenched as 
being the core of Indian polity. For decades preceding the promulgation of the Constitution, the 
nationalist movement had debated many questions that were relevant to the making of the constitution 
— the shape and form of government India should have, the values it should uphold, the inequalities it 
should overcome. Answers forged in those debates were given their final form in the Constitution.
Principle of accommodation provides the capability to reconcile incomparable concepts. It reconciled 
the federal and unitary systems in achieving a sui-generis model, membership of commonwealth and 
being a republic, being a religious society and idea of secularism etc. Through this, a balanced 
arrangement of the institutions of government was sought. 
Apart from these two principles, a third may be seen as having evolved as a process for the Constituent 
Assembly- the art of selection and modification. Different things were selected from various 
constitutions and had to pass the test of applicability to India. These were modified and adapted to the 
democratic government envisioned for India creating a stable polity to suit our diversities and pluralities. 
Thus, the framers of the Constitution were not averse to borrowing from other constitutional traditions. 
Indeed, it is a testament to their wide learning that they could lay their hands upon any intellectual 
argument, or historical example that was necessary for fulfilling the task at hand. So they borrowed a 
number of provisions from different countries. India was extremely lucky to have an Assembly that 
instead of being parochial in its outlook could take the best available everywhere in the world and make 
it their own.
In fact even while colonial rule of British was rejected, many institutions and conventions were borrowed in
the form of Parliamentary system and its regimes. The drafting committee headed by Dr. Ambedkar made
sure that this task of adaptation at hand was done with great care keeping in mind the peculiarities of Indian
society and its aspirations. Some of the borrowings include:
ØBritish Constitution- First Past the Post ;Parliamentary Form of Government; idea of the rule of law;
Institution of the Speaker and her/his role Law-making procedure; parliamentary privileges; bicameralism.
ØGovernment of India Act of 1935- Federal Scheme, Office of governor, Judiciary, Public Service
Commissions, Emergency provisions and administrative details.
ØU.S. Constitution- Fundamental rights, independence of judiciary, judicial review, impeachment of the
president, removal of Supreme Court and high court judges and post of vice President.
ØIrish Constitution- Directive Principles of State Policy, nomination of members to Rajya Sabha and method
of election of President.
ØCanadian Constitution- Federation with a strong Centre, vesting of residuary powers in the Centre,
appointment of state governors by the Centre, and advisory jurisdiction of the Supreme Court.
ØAustralian Constitution- Concurrent List, freedom of trade, commerce and intercourse, and joint sitting of
the two Houses of Parliament.
ØWeimar Constitution of Germany- Suspension of Fundamental Rights during Emergency. 
ØSoviet Constitution- Fundamental duties and the ideal of justice (social, economic and political) in the 
Preamble.
ØFrench Constitution- Republic and the ideals of liberty, equality and fraternity in the Preamble. 
ØSouth African Constitution- Procedure for amendment of the Constitution and election of members of 
Rajya Sabha.
ØJapanese Constitution- Procedure established by Law.
Salient Features of the Constitution:
1.  Written and detailed Constitution- Constitution of India is a written constitution containing as many as 
395 Articles and 8 schedules (9
th
added in 1951 itself), originally. It is the bulkiest and the largest one in 
the world. Constitution of U.S.A. contains just 7 Articles, that of Australia 128 and that of Canada 47 
Articles. The 395 Articles of Indian Constitution were divided into 22 parts. After the Constitution 78th 
Amendment Act, 1995, the Constitution now consists of 448 Articles divided into 26 parts and 12 
Schedules. Since 1950 to 1995, 21 Articles have been repealed and 69 more Articles have been added. 
As the framers wanted to remove difficulties during the working of the Constitution, they incorporated 
several details to avoid loopholes and defects. Due to diversities- social, religious and regional, 
dominance of lawyers in assembly, combined Constitution for Union and states and bulky nature of 
GOI Act 1935 which was the base document has made our Constitution so lengthy.