Making of the Constitution - General Awareness - Bank Exams PDF Download

Constitution of India

The Constitution of India is the supreme law of India. It lays down the basic political code, structure, powers and duties of various institutions of government, and the fundamental rights, directive principles and duties of citizens. The Indian Constitution is one of the most comprehensive constitutions in the world and its framing required sustained collaborative effort by many leaders, jurists and experts. Several features of the Constitution were borrowed from constitutions and laws of other countries and earlier legislation.

Formation of the Constituent Assembly

A Constituent Assembly is a body of representatives convened with the specific purpose of drafting or adopting a constitution. The demand and process for a Constituent Assembly for India developed through political debates and constitutional proposals in the 1930s and 1940s.

• An idea for a Constituent Assembly was first proposed in 1934 by the communist leader M. N. Roy.
• The Indian National Congress (INC) accepted the idea in 1935 and subsequently demanded an Assembly to frame a constitution.
• In 1939, C. Rajagopalachari proposed that the Constituent Assembly be elected by universal adult franchise.
• Various constitutional reforms and proposals preceded the Assembly: Annie Besant's general assembly (1922), the Indian Commonwealth Bill (1925), the Motilal Nehru Report (1928), and three Round Table Conferences (1930-32).
• Under the August Offer (1940) the British government accepted the demand in principle; later negotiations and proposals (including the Cripps Mission of 1942) did not resolve the issue fully.
• The 1946 Cabinet Mission Plan provided the concrete basis for forming a Constituent Assembly. As a result a Constituent Assembly was constituted on 6 December 1946.
• The Assembly reassembled on 14 August 1947 as a sovereign body and functioned as the first parliament of independent India until a new parliament was formed after the coming-into-force of the Constitution.

Preamble: Constitution of India

Making of the Constitution: Demand and Early Developments

• Annie Besant's gathering in 1922 agreed to call a conference to draft a constitution.
• The British Parliament was presented with the Indian Commonwealth Bill of 1925, an early important reform proposal.
• The Motilal Nehru Report (1928) was the first organised, major attempt to outline constitutional arrangements for self-government.
• Three Round Table Conferences on constitutional reform (1930-32) discussed communal representation, federal structure and other issues; the first was held in 1930.
• In 1934 M. N. Roy proposed a constituent assembly; the INC endorsed the idea in 1935.
• In 1938, Jawaharlal Nehru argued that the constituent assembly should be elected on the basis of universal adult franchise.
• The British government accepted the demand in principle in the August Offer (1940), but further talks and wartime politics delayed implementation.
• The Cripps Mission (1942) failed to secure an agreement acceptable to Indian leaders.
• The Cabinet Mission Plan (1946) led to the concrete formation of a Constituent Assembly in December 1946.

Composition of the Constituent Assembly

• The Constituent Assembly initially consisted of 389 members distributed as follows:
  • 292 representatives from the Provinces
  • 93 representatives from the Princely States
  • 4 representatives from the Chief Commissioner provinces (Delhi, Ajmer-Merwara, Coorg and British Baluchistan)
• Members were elected by the provincial legislative assemblies using proportional representation by a single transferable vote. This system ensured representation of different communities and groups in proportion to their strength in provincial assemblies.
• The Assembly was not elected by direct universal adult suffrage; instead, provincial assemblies elected representatives. Special representation was given to some minority communities (for example, Muslims and Sikhs) through separate electorates in some provinces.
• Following the Partition of India in 1947, representatives from areas that acceded to Pakistan ceased to be members of the Constituent Assembly of India. After reorganisation the membership stood reduced to 299, and the Assembly met in this form from 31 December 1947.
• An Interim Government of India was formed on 2 September 1946 from members of the newly elected Constituent Assembly; this government carried out executive functions pending full transfer of power.
• The delegates of the Assembly sat over a total of 114 days (in formal sessions) in the main constitution-drafting period to debate and decide the provisions and structure of the Constitution.

Working of the Constituent Assembly

• Sachidananda Sinha was elected the temporary president of the first meeting of the Constituent Assembly.
• The permanent officers of the Assembly included Dr. Rajendra Prasad as President of the Constituent Assembly and Harendra Coomar Mukherjee as Vice-President.

Dr. Rajendra Prasad addressing the Assembly

• B. N. Rau was appointed Constitutional Adviser to the Assembly and prepared an initial draft scheme of the Constitution which formed the basis for further work.
• Jawaharlal Nehru moved the Objective Resolution on 13 December 1946. The Objective Resolution set down broad principles and goals to guide the framing of the Constitution. Its key provisions included:
  • The Union would consist of territories of British India and such other territories as might be included.
  • India would be a sovereign democratic republic and the authority of the State would be derived from the people.
  • The Constitution should secure justice-social, economic and political-and equality of status and opportunity to all citizens, and guarantee freedom of thought, expression, belief, faith and worship.
  • Adequate safeguards should be provided for minorities, tribal and backward areas and depressed classes.
  • India should maintain territorial integrity and strive for a rightful and honoured place among nations to promote world peace and welfare of mankind.
• The Assembly constituted several committees to carry out detailed work: there were 8 major and 13 minor committees for different subjects. The Drafting Committee was the most important committee for preparing the text of the Constitution; it was chaired by B. R. Ambedkar and included other members appointed by the Assembly.

The Drafting Committee members

• The Constituent Assembly held 11 sessions spread over 2 years, 11 months and 18 days to complete its work.
• The total recorded expenditure on the Constituent Assembly process was around Rs. 64 lakhs.
• After the Independence of India the Constituent Assembly divided its functions into two roles:
  • a legislative role (under Speaker G. V. Mavlankar)
  • a constituent role (under the President of the Assembly, Rajendra Prasad).

Enactment and Enforcement of the Constitution

• By 14 November 1949 the third and final reading of the final draft was completed.
• On 26 November 1949 the Draft Constitution was adopted by the Constituent Assembly and members appended their signatures.
• The Constitution as adopted on 26 November 1949 contained a Preamble, 395 Articles organised into Parts and 8 Schedules.
• The Constitution was brought into full effect on 26 January 1950 (Republic Day) when the remaining major provisions came into force. This date was chosen to commemorate Purna Swaraj declared in 1930.
• Upon enforcement of the Constitution the Government of India Act, 1935 and the Indian Independence Act, 1947 ceased to be the supreme law for governing India.
• Over the decades the Constitution has been amended many times; at the time of later consolidation the Constitution contained 25 Parts, about 448 Articles and 12 Schedules (numbers change as amendments are made).

President of the Constituent Assembly, signing the Constitution of India, as passed by the Constituent Assembly on 24 January 1950.

Criticisms of the Constituent Assembly

• The Constituent Assembly has been criticised for not being a fully representative body because its members were not directly elected by universal adult suffrage to the Assembly itself; provincial assemblies elected members.
• The majority of members belonged to the INC, which led some critics to describe the Assembly as dominated by one party.
• Many members were lawyers and urban elites; critics argued that rural, lower-caste and other social strata were under-represented.
• The constitution-making process was time-consuming, involving detailed debates and multiple readings, but defenders note this thoroughness produced a durable and detailed constitution.

Sources of the Indian Constitution

Several features of the Indian Constitution were adopted or adapted from existing constitutions and laws. The Constituent Assembly studied the constitutions and laws of many countries-commonly quoted sources include the United Kingdom, the United States, Canada, Ireland, France, Australia, Japan, Weimar Germany (for emergency provisions), South Africa and the Soviet Union, as well as the Government of India Act, 1935. In all, constitutions and legal texts from many countries were consulted during drafting.

Source	Features
USA	Fundamental Rights Preamble Judicial Review Independence of Judiciary Vice-President Impeachment of President Removal procedure of Supreme Court and High Court judges
United Kingdom	Parliamentary government Rule of Law Single citizenship Bicameralism Legislative procedures and Speaker Prerogative writs and parliamentary privileges Cabinet system
Government of India Act, 1935	Federal scheme and distribution of subjects Governor and provincial executive machinery Judicial organisation Public Service Commissions Emergency provisions and administrative details
Canada	Federation with a strong Centre Residuary powers with Centre Appointment of provincial governors by Centre Advisory jurisdiction of Supreme Court
Weimar Germany	Concept of suspension of certain rights during emergency (lessons drawn to avoid misuse)
Ireland	Directive Principles of State Policy Method of election of President Nomination of members to legislative council (similar to Rajya Sabha nominations)
France	Republican form of government Ideals of liberty, equality and fraternity reflected in the Preamble
Soviet Union	Concept of Fundamental Duties Emphasis on social and economic justice
Japan	Procedure established by law
South Africa	Election of members of the upper house Procedures for constitutional amendment
Australia	Concurrent powers Joint sitting procedure for resolving deadlocks between two Houses Freedom of trade, commerce and intercourse across states

Features and Functions of the Constituent Assembly

• Seats in the Constituent Assembly were apportioned among provinces and princely states largely in proportion to population and community composition.
• Electoral procedure: members of provincial legislative assemblies elected representatives for the Assembly using the single transferable vote system of proportional representation; princely states nominated or selected their delegates as per local arrangements.
• On 13 December 1946, Jawaharlal Nehru moved the Objective Resolution which set out the guiding principles of the new constitution; it was passed by the Assembly on 22 January 1947.
• The Objective Resolution declared the intention to proclaim India an independent sovereign republic and to draft a Constitution for its future government, while safeguarding the rights of minorities and disadvantaged groups.
• Delegates from princely states joined the Assembly in stages; following the Mountbatten Plan and subsequent accessions, a majority of princely states' representatives became members of the Constituent Assembly in 1947.

Objective Resolution

• On 13 December 1946 Jawaharlal Nehru moved the Objective Resolution which expressed the philosophical foundation and aims of the future Constitution.
• The Objective Resolution set out aspirations such as democratic government, sovereignty of the people, social, economic and political justice, liberty of thought and worship, equality of status and opportunity, and safeguards for minorities and backward classes.
• The Objective Resolution was adopted unanimously by the Constituent Assembly on 22 January 1947.
• The contents of the Objective Resolution later formed the basis of the Preamble of the Indian Constitution.

Key Features Set Out by the Objective Resolution

• Proclaim India as a sovereign democratic republic and provide a Constitution for its government.
• Ensure justice-social, economic and political-for all citizens.
• Secure equality of status and opportunity and guarantee fundamental rights including freedom of thought and worship.
• Provide safeguards for minorities, tribal and backward areas and depressed classes.
• Maintain territorial integrity and sovereignty over land, sea and air.
• Enable India to achieve an honoured place among nations and promote world peace and welfare of mankind.

Enactment and Legal Details

• The Drafting Committee produced the draft constitution which went through three readings in the Assembly. The draft was published for public information in October 1948, debated and finally accepted on 26 November 1949.
• Some articles (for example those dealing with citizenship) were made effective immediately upon adoption on 26 November 1949. The remaining major provisions came into force on 26 January 1950.
• With the enforcement of the Constitution the earlier statutory framework-the Government of India Act, 1935 and other colonial statutes-ceased to be the primary source of constitutional authority.
• Since 1950 the Constitution has been amended many times; the Constitution as originally enacted had 395 articles and 8 schedules; subsequent amendments have altered the total number of articles, parts and schedules over time.

Timeline of Important Events

• 6 December 1946: Formation of the Constituent Assembly.
• 9 December 1946: First meeting of the Assembly; inaugural speech by J. B. Kripalani.
• 11 December 1946: Appointment of permanent President, Vice-President and Constitutional Adviser.
• 13 December 1946: Jawaharlal Nehru moved the Objective Resolution before the Assembly.
• 22 January 1947: Objective Resolution unanimously adopted.
• 22 July 1947: National Flag adopted by the Assembly (flag later became national flag on independence).
• 15 August 1947: Indian independence and partition; the Constituent Assembly reassembled as the sovereign body for India.
• 29 August 1947: Drafting Committee constituted with B. R. Ambedkar as its Chairman.
• 26 November 1949: Constitution of India passed and adopted by the Constituent Assembly.
• 24 January 1950: Last meeting of the Constituent Assembly; the National Anthem was adopted.
• 26 January 1950: Constitution of India comes into force (Republic Day).

Conclusion

• Although the Constituent Assembly faced criticisms (on representation, composition and duration), it produced a detailed, carefully debated Constitution that established India as a sovereign, democratic republic. The Constitution reflects a balance of adopted principles from many sources and original solutions tailored to India's diversity and needs, and it continues to be the living framework for the country's polity and governance.

Try it yourself

Q. The Government of India Act, 1935 played an indispensable role in the drafting of the Constitution of India. Explain. (250 words)