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Cheat Sheet: Making of the Indian Constitution
1. Historical Background
1.1 Pre-Independence Developments
| Year/Act | Key Features |
|---|---|
| Government of India Act, 1935 | Provided federal structure; Provincial autonomy; Separation of powers; Influenced constitutional framework significantly |
| Cabinet Mission Plan, 1946 | Proposed framework for constituent assembly; Three-tier federal structure; Rejected partition initially |
| Indian Independence Act, 1947 | Partition of India; Establishment of two dominions; Constituent Assembly became sovereign body |
1.2 Demand for Constituent Assembly
- M.N. Roy first proposed Constituent Assembly in 1934
- Congress adopted demand in 1935
- August Offer, 1940: British agreed in principle
- Cripps Mission, 1942: Proposed elected constituent assembly
2. Constituent Assembly Formation
2.1 Composition and Structure
| Aspect | Details |
|---|---|
| Total Members (Initially) | 389 members (296 from British India; 93 from Princely States) |
| After Partition | 299 members (229 from British India; 70 from Princely States) |
| Election Date | July-August 1946 |
| First Meeting | 9 December 1946 |
| Interim President | Dr. Sachchidananda Sinha (temporary chairman) |
| President | Dr. Rajendra Prasad (elected 11 December 1946) |
| Vice President | H.C. Mukherjee (later V.T. Krishnamachari) |
| Constitutional Adviser | B.N. Rau |
2.2 Key Members and Roles
| Member | Role/Contribution |
|---|---|
| Dr. B.R. Ambedkar | Chairman of Drafting Committee; Principal architect of Constitution |
| Jawaharlal Nehru | Moved Objectives Resolution (13 December 1946); Chairman of Union Powers Committee |
| Sardar Vallabhbhai Patel | Chairman of Advisory Committee on Fundamental Rights, Minorities and Tribal Areas |
| Alladi Krishnaswami Ayyar | Member of Drafting Committee; Expert on constitutional law |
| K.M. Munshi | Member of Drafting Committee |
| N. Gopalaswami Ayyangar | Member of Drafting Committee |
| B.L. Mitter | Member of Drafting Committee (later replaced by N. Madhava Rau) |
3. Working of Constituent Assembly
3.1 Timeline and Sessions
| Event/Date | Significance |
|---|---|
| 9 December 1946 | First session; Sachchidananda Sinha presided |
| 11 December 1946 | Rajendra Prasad elected President |
| 13 December 1946 | Objectives Resolution moved by Nehru |
| 22 January 1947 | Objectives Resolution adopted |
| 29 August 1947 | Drafting Committee appointed (7 members) |
| 4 November 1947 | Draft Constitution submitted by Drafting Committee |
| 26 November 1949 | Constitution adopted |
| 26 January 1950 | Constitution came into force (Republic Day) |
| Total Sessions | 11 sessions over 2 years, 11 months, 18 days |
| Total Days of Sittings | 165 days |
3.2 Important Committees
| Committee | Chairman |
|---|---|
| Drafting Committee | Dr. B.R. Ambedkar |
| Union Powers Committee | Jawaharlal Nehru |
| Union Constitution Committee | Jawaharlal Nehru |
| Provincial Constitution Committee | Sardar Vallabhbhai Patel |
| Advisory Committee on Fundamental Rights, Minorities and Tribal Areas | Sardar Vallabhbhai Patel |
| Committee on Chief Commissioners' Provinces | B. Pattabhi Sitaramayya |
| Steering Committee | Dr. Rajendra Prasad |
| Rules of Procedure Committee | Dr. Rajendra Prasad |
| States Committee (Negotiating Committee) | Jawaharlal Nehru |
3.3 Process of Constitution Making
- Objectives Resolution formed philosophical foundation
- B.N. Rau prepared initial draft after studying world constitutions
- Draft circulated for public comments and provincial legislature feedback
- Drafting Committee considered 7,635 amendments
- First reading: General discussion on principles (November 1947)
- Second reading: Clause-by-clause consideration (November 1948-October 1949)
- Third reading: Final amendments and adoption (November 1949)
- 284 members signed final document on 24 January 1950
4. Objectives Resolution
4.1 Content and Significance
| Aspect | Details |
|---|---|
| Moved By | Jawaharlal Nehru on 13 December 1946 |
| Adopted On | 22 January 1947 |
| Significance | Formed ideological foundation; Reflected in Preamble |
4.2 Key Declarations
- India to be Independent Sovereign Republic
- All power and authority derived from the people
- Guarantees of justice (social, economic, political), equality, freedom
- Adequate safeguards for minorities, backward and tribal areas
- Maintain integrity of territory
- Desire to promote world peace and welfare of mankind
5. Sources and Influences
5.1 Constitutional Borrowings
| Country/Document | Features Borrowed |
|---|---|
| Government of India Act, 1935 | Federal scheme; Office of Governor; Judiciary; Public Service Commissions; Emergency provisions |
| British Constitution | Parliamentary system; Rule of law; Legislative procedure; Cabinet system; Bicameralism |
| US Constitution | Fundamental Rights; Judicial review; Independence of judiciary; Impeachment; Removal of judges; Preamble language |
| Irish Constitution | Directive Principles of State Policy; Nomination of members to Rajya Sabha; Method of Presidential election |
| Canadian Constitution | Federation with strong Centre; Residuary powers to Centre; Advisory jurisdiction of Supreme Court |
| Australian Constitution | Concurrent List; Freedom of trade and commerce; Joint sitting of Parliament |
| Weimar Constitution (Germany) | Suspension of Fundamental Rights during emergency |
| French Constitution | Principles of Liberty, Equality, Fraternity in Preamble; Republican character |
| Soviet Constitution (USSR) | Fundamental Duties; Ideals of justice (social, economic, political) in Preamble |
| Japanese Constitution | Procedure established by law (Article 21) |
| South African Constitution | Amendment procedure; Election of Rajya Sabha members |
6. Nature and Features Envisaged
6.1 Basic Structure
- Federal system with unitary bias
- Parliamentary form of government
- Sovereign, Socialist, Secular, Democratic, Republic
- Written and elaborate Constitution (longest in world at adoption)
- Combination of rigid and flexible amendments
- Independent judiciary with judicial review
- Single citizenship despite federal structure
- Universal adult franchise (21 years, later amended to 18 years)
6.2 Original Constitution Statistics
| Element | Count at Adoption |
|---|---|
| Parts | 22 |
| Articles | 395 |
| Schedules | 8 |
| Words (approx.) | 145,000 |
| Cost of Constituent Assembly | ₹64 lakhs |
7. Enactment and Commencement
7.1 Adoption Process
| Date | Event |
|---|---|
| 26 November 1949 | Constitution adopted; 284 members signed |
| 26 November 1949 | Provisions relating to citizenship, elections, provisional parliament came into force immediately |
| 26 January 1950 | Remaining provisions came into force; Date chosen to honor Purna Swaraj declaration (1930) |
7.2 Articles Enforced Immediately (26 November 1949)
- Article 5: Citizenship at commencement
- Article 6: Rights of citizenship of persons migrating to India from Pakistan
- Article 7: Rights of citizenship of migrants to Pakistan
- Article 8: Rights of citizenship of persons of Indian origin residing abroad
- Article 9: Persons voluntarily acquiring foreign citizenship cease to be citizens
- Article 60: Oath of President
- Article 324: Superintendence of elections by Election Commission
- Article 366: Definitions
- Article 367: Interpretation
- Article 379: Temporary provision for Jammu & Kashmir
- Article 380: Temporary provision for Saurashtra and Travancore-Cochin
- Articles 388, 391, 392, 393: Temporary and transitional provisions
8. Key Debates and Controversies
8.1 Major Discussion Points
| Issue | Positions |
|---|---|
| Language Question | Hindi vs. Hindustani vs. English; Compromise: Hindi in Devanagari script as official language, English to continue for 15 years |
| Fundamental Rights vs. DPSP | Justiciable rights vs. non-justiciable directives; Balance achieved through separate parts |
| Uniform Civil Code | Placed in DPSP (Article 44) as non-enforceable directive rather than fundamental right |
| Reservation for Minorities | Separate electorates rejected; Reservation in legislature initially provided but later abolished |
| Powers of President | Nominal head vs. executive powers; Resolved through parliamentary system model |
| Centre-State Relations | Strong Centre model adopted for unity and integrity; Emergency provisions included |
9. Women and Minority Representation
9.1 Women Members
- Total women members: 15
- Notable members: Sarojini Naidu, Vijaya Lakshmi Pandit, Rajkumari Amrit Kaur, Sucheta Kripalani, Hansa Mehta, Durgabai Deshmukh, Renuka Ray
- Contributed significantly to debates on Fundamental Rights, DPSP, and women's rights
9.2 Minority Community Representation
- Dr. B.R. Ambedkar represented Scheduled Castes
- Jaipal Singh Munda represented tribal communities
- Muslim members included Maulana Abul Kalam Azad, Dr. Zakir Hussain
- Christian representation: Frank Anthony, H.C. Mookherjee
- Parsi representation: H.P. Modi
10. Criticisms and Assessments
10.1 Contemporary Criticisms
- Not directly elected by people but indirectly through provincial legislatures
- Dominated by Congress party; Limited opposition representation
- Muslim League boycotted initially; inadequate Muslim representation after partition
- Borrowed heavily from other constitutions; labeled as "borrowed constitution"
- Too lengthy and complex; could have been more concise
10.2 Tributes and Recognition
- Dr. Ambedkar: Acknowledged as Chief Architect; received Bharat Ratna (1990)
- Granville Austin: Called it "perhaps the greatest political venture since that of Philadelphia"
- Sir Ivor Jennings: Praised as "first essay in large-scale constitution-making by Indians themselves"
- Constitution Day (Samvidhan Divas) declared on 26 November 2015
11. Important Constitutional Provisions at Adoption
11.1 Part-wise Distribution (Original)
| Part | Subject Matter |
|---|---|
| Part I | Union and its Territory |
| Part II | Citizenship |
| Part III | Fundamental Rights |
| Part IV | Directive Principles of State Policy |
| Part V | The Union |
| Part VI | The States |
| Part VII | States in Part B of First Schedule (Repealed) |
| Part VIII | Union Territories |
| Part IX | Panchayats (Added by 73rd Amendment, 1992) |
| Part X | Scheduled and Tribal Areas |
| Part XI | Relations between Union and States |
| Part XII | Finance, Property, Contracts and Suits |
| Part XIII | Trade and Commerce within India |
| Part XIV | Services under Union and States |
| Part XV | Elections |
| Part XVI | Special Provisions for Certain Classes |
| Part XVII | Official Language |
| Part XVIII | Emergency Provisions |
| Part XIX | Miscellaneous |
| Part XX | Amendment of Constitution |
| Part XXI | Temporary, Transitional and Special Provisions |
| Part XXII | Short Title, Commencement and Authoritative Text in Hindi |
12. Special Features and Innovations
12.1 Unique Aspects
- Blend of parliamentary sovereignty (British) and judicial supremacy (American)
- Directive Principles as conscience of Constitution
- Single integrated judiciary for Union and States
- Emergency provisions more comprehensive than any other constitution
- Detailed provisions for administration of scheduled and tribal areas
- Secular state with protection for religious minorities
- Article 370: Special status for Jammu & Kashmir (original provision)
- Abolition of untouchability (Article 17)
- Protection of cultural and educational rights of minorities (Articles 29-30)
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