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Part - 1

THE CONSTITUTION OF INDIA

(For TNPSC and Other Exams)

INTRODUCTION

The Democratic Political System of our country is based on the values and principles

enshrined in the constitution. After the long dark night of foreign domination. India entered in to

a new era on 15th August, 1947. The Constitution which was formed for the free India was

based on the issues raised during the freedom struggle and on the vision of towering leaders

like Jawarlal Lal Nehru, Sardar Patel and Dr. B.R. Ambedkar, he is regarded as the Chief

Architect of the Indian Constitution.

THE SALIENT FEATURES

 The Constitution of India is the Supreme Law of India. It is a Living Document, the
Permanent Instrument which makes the Government System Work.
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 It lays down the framework defining Fundamental Political Principles, Establishes the
Structure, Procedures, Powers and Duties of Government Institutions and sets
out Fundamental Rights, Directive Principles and the Duties of Citizens.

 It is the Longest Written Constitution of any Sovereign Country in the World. The
Nation is Governed on the basis of this Constitution.

 India is a Union of States. It is a Sovereign Socialist Secular Democratic

Republic with Parliamentary System of Government.

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 The Republic is Governed in terms of the Constitution of India which was adopted by
the Constituent Assembly on 26th November, 1949 and came into force on 26th
January, 1950.

 The Constitution provides for a Parliamentary Form of Government which is

Federal in structure with certain Unitary Features.

THE PRESIDENT OF INDIA

 The constitutional Head of the Executive of the Union is the President. As per Article
79 of the Constitution of India, the Council of the Parliament of the Union consists of
the President and two Houses known as the Council of States (Rajya Sabha) and
the House of the People (Lok Sabha).

THE COUNCIL OF MINISTERS & PRIME MINISTER

 The Article 74(1) of the Constitution provides that there shall be a Council of
Ministers with the Prime Minister as its Head to Aid and Advise the President, who
shall exercise his/her functions in accordance to the advice. The Real Executive
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Power is thus vested in the Council of Ministers with the Prime Minister as its Head.

 The Constitution of India imparts Constitutional Supremacy and not Parliamentary

Supremacy as it is not created by the Parliament but created by a Constituent Assembly
and adopted by its people with a declaration in the Preamble to the
Constitution. Parliament cannot override the Constitution.

 To ensure Constitutional Autocracy, the framers of constitution repealed the prior Acts
of the British Parliament via the Article 395 of the constitution. India celebrates the
coming into force of the constitution on 26 January each year as Republic Day. As per
the Cabinet Mission Plan of 1946, the Constituent Assembly was set up in November
1946.

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THE CONSTITUENT ASSEMBLY

 The Constitution was Drafted by the Constituent Assembly, which was elected by the
elected members of the provincial assemblies. The 389 Member Constituent Assembly
took almost three years (02 years, 11 months and 18 days to be precise) to complete its
historic task of drafting the Constitution for Independent India.

 During this period, it held Eleven sessions covering a total of 165 days. Of these, 114
days were spent on the consideration of the Draft Constitution.

 On 29 August 1947, the Constituent Assembly set up a Drafting Committee under

the Chairmanship of Dr. B.R. Ambedkar to prepare a Draft Constitution for India.

 While deliberating upon the draft Constitution, the Assembly moved, discussed and
disposed of as many as 2,473 amendments out of a total of 7,635 tabled.

THE IMPORTANT FIGURES & MEMBERS

 Dr B.R. Ambedkar, Sanjay Phakey, Jawaharlal Nehru, C. Rajagopalachari,

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Rajendra Prasad, Sardar Vallabhbhai Patel, Kanaiyalal Munshi, Ganesh Vasudev

Mavalankar, Sandipkumar Patel, Maulana Abul Kalam Azad, Shyama Prasad
Mukherjee, Nalini Ranjan Ghosh, and Balwantrai Mehta were some important
figures in the Assembly.

 There were more than 30 members of the Scheduled Classes. Frank

Anthony represented the Anglo-Indian community, and the Parsis were represented
by H. P. Modi.

 The Chairman of the Minorities Committee was Harendra Coomar Mookerjee, a

distinguished Christian who represented all Christians other than Anglo-Indians.

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 Ari Bahadur Gururng represented the Gorkha Community. Prominent Jurists

like Alladi Krishnaswamy Iyer, Benegal Narsing Rau and K. M. Munshi, Ganesh
Mavlankar were also members of the Assembly.

 Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh, Rajkumari Amrit Kaur and
Vijayalakshmi Pandit were important women members.

THE PRESIDENT OF CONSTITUENT ASSEMBLY

 The First Temporary 02-Day President of the Constituent Assembly was Dr

Sachchidananda Sinha. The members of the Constituent Assembly met for the first
time on 09 December 1946.

 Later Dr Rajendra Prasad was elected as the President of the Constituent Assembly
on 11th December, 1946

 The Historic 'Objective Resolution' was moved in the Constituent Assembly by Pandit.
Jawaharlal Nehru on 13th December, 1946 which become the Preamble of Our
Constitution.
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THE DRAFTING OF THE CONSTITUTION

 A Draft Constitution was prepared by the committee and submitted to the Assembly
on 04 November 1947. Draft constitution was debated and over 2000
Amendments were moved over a period of Two Years.

 On the 14 August 1947 meeting of the Assembly, a proposal for forming various
committees was presented. Such committees included a Committee on Fundamental
Rights, the Union Powers Committee and Union Constitution Committee.

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 The 07 Members Drafting Committee was setup on 29th August, 1947 under
the Chairmanship of Dr. B.R. Ambedkar.

THE MEMBERS OF DRAFTING COMMITTEE

1. Dr. B.R. Ambedkar. - The Chairman

2. Alladi Krishna Swami Ayyar

3. K.M. Munshi

4. N.G.S. Ayyangar

5. Md. Sadullah

6. N. Madhav Rao (In Place of B.L. Mitra)

7. D.P. Khetan (T. Krishnamachari after Khetan's death in 1948)

The National Law Day or Constitution Day

 Finally on 26 November 1949, the process was completed and Constituent assembly
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adopted the constitution. 284 members signed the document and the process of
constitution making was complete. This day is celebrated as National Law Day or
Constitution Day.

 The Assembly met in sessions open to the public, for 166 days, spread over a period of
2 years, 11 months and 18 days before adopting the Constitution, the 308 members of
the Assembly signed two copies of the document (one each in Hindi and English) on 24
January 1950.

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The Calligraphy of Constitution

 The original Constitution of India is Hand-Written with Beautiful Calligraphy, each

page beautified and decorated by artists from Shantiniketan including Beohar
Rammanohar Sinha and Nandalal Bose.

 The Illustrations on the cover and pages represent styles from the different civilizations
of the subcontinent, ranging from the Prehistoric Mohenjodaro Civilisation, in
the Indus Valley, to the present.

 The Calligraphy in the book was done by Prem Behari Narain Raizda. It was
published in Dehra Dun, and photo lithographed at the offices of Survey of India.

 The design of National Flag was adopted by the constituent Assembly on July 22, 1947.

 The National Anthem was adapted by the Constituent Assembly on January 24, 1950.

 B.N Rau was appointed as the Legal Adviser of the Constituent Assembly
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THE LAW ENACTED

 The entire exercise to produce the original took nearly five years. Two days later, on 26
January 1950, the Constitution of India became the law of all the States and
territories of India. The constitution of India was formally enacted on 26th November,
1949. The Constitution on India came into force on 26th January, 1950.

 Rs.1,00,00,000 was official estimate of expenditure on Constituent Assembly. The

Constitution has undergone many Amendments since its Enactment.

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 The Original 1950 Constitution of India is preserved in Helium Cases in

the Parliament House, New Delhi. There are Two Original Versions of this-one
in Hindi and the other in English.

 The Constitution declares India a Sovereign, Secular, Democratic Republic, Assuring

its Citizens of Justice, Equality, and Liberty, and Endeavors to Promote Fraternity
among them.
 There were 395 Articles and 8 Schedules in the Constitution when it finally passed. At
present, the constitution consists of 444 Articles and 12 schedules.

TIMELINE OF MAKING OF THE CONSTITUTION OF INDIA

1945

 26 July Labour Government comes into power in Britain

 December-January General Elections in India

1946

 16 May Cabinet Mission announces its Constitutional Scheme

 06 June Muslim League accepts Cabinet Mission’s Constitutional Scheme

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 16 June Cabinet Mission presents scheme for the formation of an Interim

Government at the Centre

 02 September Congress forms Interim Government with Nehru as the Vice-

President

 13 October Muslim League decides to join the Interim Government

 03-06 December British Prime Minister, Attlee, meets some Indian leaders, the talks

fail

 09 December Constituent Assembly begins its Sessions

1947

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 29 January Muslim League demands Dissolution of Constituent Assembly

 16 July Last meeting of the Interim Government

 11 August Jinnah elected President of the Constituent Assembly of Pakistan

 14 August Pakistan Independence; celebrations in Karachi

 14-15 August At midnight India celebrates Independence

1949

 December Constitution is Signed

THE VARIOUS COMMITTEES & THE CHAIRMAN

1. The Drafting Committee - B.R. Ambedkar

2. Falg Committee - J.B. Kripalani

3. Union Power Committee - Jawar Lal Nehru

4. Fundamental Rights and Minority Committee - Sardar Vallabhai Patel

5. Provisional Constitution Committee - Sardar Vallabhai Patel

6. Union Constitution Committee - Jawar Lal Nehru

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