Making of the Constitution Notes


Introduction

  • India needed a legal framework for governance after gaining independence.
  • The Government of India Act, 1935, was outdated and colonial.
  • A new Constitution was necessary to establish democratic institutions and secure fundamental rights for citizens.


Formation of the Constituent Assembly

  • The idea of a Constituent Assembly was first proposed by M.N. Roy in 1934.
  • The demand was officially accepted in 1940 (August Offer).
  • The Constituent Assembly was formed under the Cabinet Mission Plan of 1946.

Composition of the Constituent Assembly (Initially 389 Members)
Category Seats Details
British Provinces 296 Elected indirectly by provincial assembly
Princely States 93 Nominated by rulers
Total 389 After Partition, reduced to 299

  • Elections were held in July 1946 (Congress won 208 out of 296 seats).
  • Muslim League boycotted initially but later joined.
  • After Partition (1947), members from Pakistan left, and total strength was reduced to 299.


First Meeting and Key Members of the Constituent Assembly

  • First meeting: 9 December 1946 (Presided by Dr. Sachchidananda Sinha, the temporary chairman).
  • Dr. Rajendra Prasad was elected permanent President on 11 December 1946.

Position Member
President Dr. Rajendra Prasad
Vice-President H.C. Mookherjee & V.T. Krishnamachari
Chairman of Drafting Committee Dr. B.R. Ambedkar


Committees of the Constituent Assembly

The Constitution was drafted through various committees, the most important being:


Committee Chairman
Drafting Committee Dr. B.R. Ambedkar
Union Powers Committee Jawaharlal Nehru
Union Constitution Committee Jawaharlal Nehru
Provincial Constitution Committee Sardar Patel
Fundamental Rights & Minorities Committee Sardar Patel
States Committee Jawaharlal Nehru
Steering Committee Dr. Rajendra Prasad

Drafting of the Constitution

  • The Drafting Committee was appointed on 29 August 1947.
  • Dr. B.R. Ambedkar was the Chairman of the Drafting Committee.
  • The first draft was prepared on 21 February 1948 and published for public comments.
  • The final draft was adopted on 26 November 1949.

Key Facts About Drafting
  • Took 2 years, 11 months, and 18 days to complete.
  • 114 sessions were held.
  • Total Articles: 395 (originally), Parts: 22, Schedules: 8.


Adoption and Enforcement of the Constitution

  • Adopted on 26 November 1949.
  • Came into force on 26 January 1950 (Republic Day).
  • Why 26 January? -> Chosen to honor the Purna Swaraj Declaration (26 January 1930).


Objectives Resolution (1946) – Basis of the Preamble

  • Introduced by Jawaharlal Nehru on 13 December 1946.
  • Adopted on 22 January 1947.
  • Became the foundation of India’s Preamble.

Key Features of the Objectives Resolution
  • Declared India as an Independent, Sovereign Nation.
  • Promised justice, equality, and fundamental rights.
  • Laid the foundation for a democratic republic.


Salient Features of the Indian Constitution

The Indian Constitution is unique because it borrows from various sources while maintaining its own identity.


Key Features
  • Longest Written Constitution – 395 Articles, 22 Parts, 8 Schedules (originally).
  • Draws from Multiple Sources – British, American, Canadian, Irish, etc.
  • Parliamentary System of Government – Based on the Westminster Model (UK).
  • Quasi-Federal Structure – Federal with a strong Centre.
  • Fundamental Rights & DPSPs – Inspired by the USA and Ireland.
  • Single Citizenship – Unlike the USA, Indian citizens have only one citizenship.
  • Integrated and Independent Judiciary – Supreme Court, High Courts, and District Courts.
  • Universal Adult Franchise – Voting rights to all citizens aged 18+ (originally 21+).
  • Directive Principles of State Policy (DPSP) – Guidelines for governance (not enforceable in court).
  • Emergency Provisions – President can assume special powers in crises.


Criticism of the Constituent Assembly

  • Not a Representative Body – Members were indirectly elected.
  • Not a Sovereign Body – Created under the Cabinet Mission Plan.
  • Too Much Time Taken – Almost three years to draft.
  • Congress-Dominated – Limited opposition participation.
  • Ignored Social Revolution – Focused more on administrative structure than radical social change.


Important Dates for Quick Revision

Event Date
First Meeting of Constituent Assembly 9 December 1946
Dr. Rajendra Prasad elected as President 11 December 1946
Objectives Resolution introduced by Nehru 13 December 1946
Drafting Committee Appointed 29 August 1947
Draft Constitution Presented 21 February 1948
Constitution Adopted 26 November 1949
Constitution Enforced (Republic Day) 26 January 1950


Key Takeaways for UPSC

  • The Constituent Assembly was formed under the Cabinet Mission Plan (1946).
  • Dr. Rajendra Prasad was the President, and Dr. B.R. Ambedkar chaired the Drafting Committee.
  • The Constitution was adopted on 26 November 1949 and enforced on 26 January 1950.
  • The Objectives Resolution (1946) became the Preamble of the Constitution.
  • It took 2 years, 11 months, and 18 days to draft the Constitution.
  • The Constitution had 395 Articles, 8 Schedules, and 22 Parts at the time of adoption.


Final Summary Table

Topic Key Facts
Constituent Assembly Formed 1946 (Under Cabinet Mission Plan)
President of Assembly Dr. Rajendra Prasad
Drafting Committee Chairman Dr. B.R. Ambedkar
Constitution Adopted 26 November 1949
Constitution Enforced 26 January 1950
Time Taken for Drafting 2 years, 11 months, 18 days
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