Ncert-notes / Indian Polity NCERT Notes / Making of the Indian Constitution

Making of the Indian Constitution

The Constitution of India stands as the supreme law of the nation, crafted by the Constituent Assembly elected by the members of the Provincial Assemblies

Constituent Assembly 

  • Established in December 1946, the Constituent Assembly dedicated the next three years to framing the most crucial document for a newly independent nation. 
  • The Constitution of India holds the distinction of being the longest written constitution globally. 

Demands for Constituent Assembly 

  • The call for a Constituent Assembly to formulate the Constitution first gained prominence in 1934 through MN Roy. In 1935, the Indian National Congress officially advocated for its establishment. 
  • In 1938, Jawaharlal Nehru, representing the Indian National Congress (INC), asserted that the Constitution of Free India should be crafted without external interference by a Constituent Assembly elected based on adult franchise. 
  • The British Government eventually proposed the creation of a representative body comprising Indians to draft a Constitution for India in the August Offer of 1940. 
  • During the Cripps Mission, the British agreed to the establishment of a Constituent Assembly consisting entirely of Indians. However, the Muslim League rejected the Cripps Proposals as they aimed to divide India into two independent states with separate Constituent Assemblies. 

Formation of Constituent Assembly 

  • A Cabinet Mission was ultimately dispatched to India, proposing a plan for the Constituent Assembly that was most agreeable to the Muslim League. It was established in November 1946 as per the Cabinet Mission Plan of 1946. 
  • However, the elections to the assembly were conducted indirectly. In 1946, the British, contemplating the possibility of granting independence to India, sent a British Cabinet Mission to India to: 
    • Hold discussions with the representatives of British India and the Indian States to agree on the framework for drafting a constitution. 
    • Set up a constituent body and an executive council. 
    • The Assembly was to have proportional representation from existing provincial representation and various Princely States. The majority of these elections were completed by the end of July 1946, under the supervision of the reforms office under the Governor-General (Viceroy). 

The Constituent Assembly came into force in 1946, with members including Jawaharlal Nehru, Dr. Rajendra Prasad, Sardar Vallabhbhai Patel, Maulana Azad, and many other supreme leaders of the country. 

  • Each Province and each Princely State or Group of States were allotted seats proportional to their respective populations. The provinces under direct British rule elected 292 members, while the Princely States were allotted a minimum of 93 seats, with an additional 4 seats for Chief Commissioner provinces. 
  • The Assembly consisted of 389 members representing Provinces (292), States (93), the Chief Commissioner Provinces (3), and Baluchistan (1). 
  • The strength of the Assembly was reduced to 299 following the withdrawal of the Muslim League members after the partition of the country. 
  • The seats in each Province were distributed among the three main communities, Muslims, Sikhs, and General, in proportion to their respective populations. 
  • Parties represented in the Constituent Assembly were the Congress Party, which had a majority, the Muslim League, Scheduled Caste representation, the Indian Communist Party, and the Union Party. 

Proceeding of the Constituent Assembly  

  • Proceedings of the Constituent Assembly began as it met for the first time on 9th December 1946. 
  • The Muslim League boycotted the Constituent Assembly owing to their continued demand for a separate state of Pakistan. 
  • Thus, the strength of the assembly was reduced to 299. The meeting was attended by only 211 members. 

Dr. Sacchidananda Sinha was elected as the Interim President of the Assembly. On 11th December 1946, Dr. Rajendra Prasad was elected as the President and HC Mukherjee as the Vice-President of the Constituent Assembly. BN Rau was appointed as the Constitutional Advisor

Objective Resolution 

  • On 13th December 1946, Pt. Jawaharlal Nehru moved the Objective Resolution, laying down the fundamentals and philosophy of the constitutional structure. 

Main Points of the Objective Resolution: 

  • India is an independent sovereign republic. 
  • India shall be a Union of erstwhile British India territories, Indian states, and other parts outside British India and Indian states willing to be a part of the Union. 
  • Territories forming the Union shall be autonomous units and exercise all powers and functions of the government and administration, except those assigned to or vested in the Union. 
  • All powers and authority of sovereign and independent India and its Constitution shall flow from the people. 
  • All people of India shall be guaranteed and secured social, economic, and political justice; equality of status and opportunities; and equality before the law, along with fundamental freedoms of speech, expression, belief, faith, worship, vocation, association, and action subject to law and public morality. 
  • Adequate safeguards will be ensured for minorities, backward and tribal areas, as well as the depressed and Other Backward Classes. 
  • The Republic's territorial integrity and sovereign rights over land, sea, and air will be upheld in accordance with the principles of justice and the laws of civilized nations.  
  • The nation is committed to making a wholehearted and voluntary contribution to the promotion of world peace and the well-being of humanity. 

Important Personalities Related to Constituent Assembly 

Person(s) 

Responsibilities in the Constituent Assembly 

SN Mukherjee 

- Constitutional or Legal Advisor to the Constituent Assembly 

 

- Secretary of the Constituent Assembly 

 

- Chief Draftsman of the Constitution in the Assembly 

Prem Behari Narain Raizada 

- Calligrapher of the English version of the Indian Constitution 

Beohar Rammanohar Sinha and Nand Lal Bose 

- Illumination, Beautification, and Ornamentation of the Constitution 

 

(Nand Lal Bose worked on the Hindi version) 

Vasant Krishna Vaidya 

- Calligrapher for the Hindi version of the Indian Constitution 

Women Participation in Constituent Assembly 

  • The Constituent Assembly included fifteen female members, all of whom were freedom fighters. These women actively contributed to the Presidential panel and various sub-committees. 
  • Notable figures among them were Rajkumari Amrit Kaur, Sarojini Naidu, Sucheta Kripalani, Vijaya Lakshmi Pandit, and Durgabai Deshmukh. 

Committees of the Constituent Assembly 

  • Various committees, including those focused on drafting and other significant tasks, were established in the Constituent Assembly.  

Drafting Committee 

  • One such committee was the Drafting Committee, formed on August 29, 1947, with Dr. B.R. Ambedkar serving as its chairman. 
  • Other members of committee are: 
  • N. Gopalaswamy Ayyangar 
    • Alladi Krishnaswamy Iyer 
    • K. M. Munshi 
    • Syed Muhammad Saadullah 
    • N. Madhava Rau (replacing B. L. Mitter) 
    • T. T. Krishnamachari 
    • (Replaced by D. P. Khaitan, who unfortunately passed away in 1948) 

Other Committees 

Name of the Committee 

Chairman 

Committee on the Rules of Procedure 

Dr. Rajendra Prasad 

Steering Committee 

Dr. Rajendra Prasad 

Finance and Staff Committee 

Dr. Rajendra Prasad 

Ad hoc Committee on the National Flag 

Dr. Rajendra Prasad 

Credential Committee 

Dr. Rajendra Prasad 

House Committee 

Dr. Rajendra Prasad 

Order of Business Committee 

Dr. Rajendra Prasad 

Committee on the Functions of the Constituent Assembly 

Dr. Rajendra Prasad 

Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas 

Alladi Krishnaswamy Ayyar 

Minorities Sub-Committee 

B. Pattabhi Sitaramayya 

Fundamental Rights Sub-Committee 

K.M. Munshi 

North-East Frontier Tribal Areas and Assam Excluded and Partially Excluded Areas Sub-Committee 

G.V. Mavalankar 

States Committee 

Vallabhbhai Patel 

Union Powers Committee 

H.C. Mukherjee 

Union Constitution Committee 

J.B. Kripalani 

Excluded and Partially Excluded Areas Sub-Committee 

Gopinath Bordoloi 

Excluded and Partially Excluded Areas Sub-Committee 

Jawaharlal Nehru 

Excluded and Partially Excluded Areas Sub-Committee 

Jawaharlal Nehru 

Excluded and Partially Excluded Areas Sub-Committee 

Jawaharlal Nehru 

Excluded and Partially Excluded Areas Sub-Committee 

A.V. Thakkar 

Sessions of the Constituent Assembly 

Session 

Held 

First 

9th-23rd December 1946 

Second 

20th-25th January 1947 

Third 

28th April-2nd May 1947 

Fourth 

14th-31st July 1947 

Fifth 

14th-30th August 1947 

Sixth 

27th January 1948 

Seventh 

4th November 1948- 8th January 1949 

Eighth 

16th May-16th June 1949 

Ninth 

30th July - 18th September 1949 

Tenth 

6th-17th October 1949 

Eleventh 

14th-26th November 1949 

Enactment and Implementation of the Constitution 

  • The Constituent Assembly dedicated nearly 3 years (2 years, 11 months, and 18 days) to the monumental task of drafting the Constitution for Independent India. 
  • On November 26, 1949, the people of India, through the Constituent Assembly, formally adopted and enacted the Constitution. 
  • The Constitution comprised a Preamble, 395 Articles, 22 Parts, and 8 Schedules. Notably, the Preamble was enacted after the Constitution itself had been enacted. 
  • On January 26, 1950, the Constitution of India came into force, marking the repeal of the Indian Independence Act, 1947. India transitioned from being a dominion of the British Crown to a sovereign, democratic, and republic nation. 
  • Article 394 specified that provisions related to citizenship, elections, provisional Parliament, and temporary and transitional measures (Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393, and 394) came into effect on the day of adoption (November 26, 1949) of the Constitution. The remaining provisions became effective on the day of the Constitution's commencement (January 26, 1950). 
  • A total of 284 members signed the Constitution, and the date of November 26, 1949, was also enshrined in the Preamble as the day when the people of India adopted, enacted, and bestowed upon themselves the Constitution. 
  • The choice of January 26 as the commencement date was symbolic, aligning with the celebration of Purna Swaraj on January 26, 1930, following the Lahore Session in December 1929. 

Every year, 26th November has been observed as Constitution Day since 2015. 

  • Since 2015, November 26th has been annually celebrated as Constitution Day. Reconvening on January 24, 1950, the Constituent Assembly carried out various significant functions: 
    • It ratified India's Commonwealth membership in May 1949. 
    • Adoption of the National Flag took place on July 22, 1947. 
    • The National Anthem was formally adopted on January 24, 1950. 
    • The National Song was also adopted on January 24, 1950. 
    • Dr. Rajendra Prasad was elected as the first President of India on January 24, 1950. 

Schedules and Parts of the Indian Constitution 

The Indian Constitution is structured into Twelve Schedules and Twenty-two Parts- 

Schedules 

Features 

First Schedule 

- The States and the Union Territories of India 

 

- Salaries and emoluments 

Second Schedule 

- Oath and affirmation 

Third Schedule 

- Allocation of seats in the Council of States 

Fourth Schedule 

 

Fifth Schedule 

- Scheduled Areas 

Sixth Schedule 

- Tribal Areas of Assam, Mizoram, Tripura, and Meghalaya 

Seventh Schedule 

- Distribution of powers between Union and States 

Eighth Schedule 

- Languages recognized by Constitution 

Ninth Schedule 

 

Tenth Schedule 

- Special laws beyond the jurisdiction of courts, but now under the IInd Review. 

 

- Anti-Defection Law 

Eleventh Schedule 

- Panchayats 

Twelfth Schedule 

- Municipalities 

Parts of the Constitution 

Part 

Subject Matter 

Chapter 

Articles Covered 

The Union and its Territory 

Chapter I 

1 to 4 

II 

Citizenship 

Chapter II 

5 to 11 

III 

Fundamental Rights 

Chapter III 

12 to 35 

IV 

Directive Principles of State Policy 

Chapter IV 

36 to 51 

IVA 

Fundamental Duties 

 

51 A 

The Union 

Chapter I 

52 to 151 

 

 

Chapter II 

52 to 78 

 

 

Chapter III 

79 to 122 

 

 

Chapter IV 

123 

VI 

The States 

Chapter I 

124 to 147 

 

 

Chapter II 

148 to 151 

VII 

The Executive 

Chapter III 

152 to 237 

VIII 

The State Legislature 

Chapter IV 

152 

IX 

Legislative Powers of the President 

Chapter V 

153 to 167 

The Union Judiciary 

Chapter VI 

168 to 212 

XI 

Comptroller and Auditor General of India 

 

213 

XII 

The Scheduled and the Tribal Areas 

Chapter I 

214 to 232 

XIII 

Relations between the Union and the States 

Chapter II 

233 to 237 

XIV 

Legislative Relations 

Chapter III 

239 to 242 

XV 

Administrative Relations 

 

243 to 243-0 

XVI 

Finance, Property, Contracts and Suits 

Chapter IV 

243 P to 243 ZG 

XVII 

Right to Property 

Chapter V 

244 to 244 A 

XVIII 

Trade, Commerce and Intercourse within the Territory of India 

Chapter I 

245 to 263 

XIX 

Services under the Union and the States 

Chapter II 

264 to 291 

XX 

Public Service Commission 

Chapter III 

292 to 293 

XXI 

Tribunals 

Chapter IV 

294 to 300 

XXII 

Elections 

Chapter V 

300 A 

XXIII 

Special Provisions Relating to Certain Classes 

Chapter I 

301 to 307 

XXIV 

Official Language 

Chapter II 

308 to 314 

 

 

Chapter III 

315 to 323 

 

 

Chapter IV 

323 A to 323 B 

XXIVA 

Miscellaneous 

 

324 to 329 A 

XXV 

Amendments of the Constitution 

 

330 to 342 

XXVI 

Temporary, Transitional and Special Provisions 

 

343 to 351 

XXVII 

Short Title, Commencement, Authoritative Text in Hindi and Repeals 

 

393 to 395 

Part IV-A and Part XIV-A were added by 42nd Amendment Act, 1976. Part IX-A was added by the 74th Amendment Act, 1992 and Part IX-B was added by the 97th Amendment Act, 2011. 

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