& testbook.com The Indian Constitution is codified, written in a single document, and enacted by a single body. The Indian Constitution was adopted on November 26, 1949, and the members of Parliament signed it on January 24, 1950. The Indian Constitution is Supreme, an amalgamation of rigidity and flexibility. The Constituent Assembly had written, debated, and finalised the constitution between December 1946 and January 1950. The making of the Indian Constitution involved a lot of consensus. This lengthy document, comprising 395 articles and & schedules, set out the architecture of the new state. JUSTICE, socal, economic and poitical: LIBERTY of thought, expression, belie faith and worship; QUALITY of status and of opportunity: and to promote amoag them all FRATERNITY assuring the dignity ofthe individual and the unity and ‘integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HERERY ADOPT, ENACT AND GIVE TO. ‘OURSELVES THIS CONSTITUTION. Trecainae Source: MoHUA The Making of the Indian Constitution is an important topic in the UPSC CSE. Candidates are requested to thoroughly go through the UPSC Prelims Syllabus & UPSC Mains Syllabus to know more about the subject. Also, check out the Important Articles of the Indian Constitution here. Background of Making of the Indian constitution The British ruled India for over 200 years. In 1928, a committee was formed to draft a constitution for India. The committee's report, known as the Nehru Report, was published in 1929. After World War Il, the British government granted India independence in 1947. The Constituent Assembly of India was elected in 1946. Its task was to draft a constitution for the newly independent country. The Constitution of India was adopted on November 26, 1949, and it came into effect on January 26, 1950.The making of the Indian Constitution was a long and complex process. It was a time of great political and social change in India, The framers of the Constitution had to balance the competing demands of different groups and interests. They also had to take into account the country’s unique history and culture. The result was a Constitution that is considered to be one of the most progressive and democratic constitutions in the world. Ce uu) ae UPSC Online Coaching: Crack IAS Exam 2025 with Ravi Sir and Team Get 18 Months SuperCoaching @ just = 409999 359999 1B Your Total Savings 250000 Explore SuperCoaching Want to know more about this Super Coac! Download Brochure Making of the Indian constitution: Timeline The Indian Constitution was drafted by the Constituent Assembly, which was elected by elected members of the provincial assemblies. The 389-member assembly (reduced to 299 after the partition of India) took almost three years to draft the constitution, holding eleven sessions over a 165-day period. It has taken a lot of eues from other countries’ constitutions. Taking inspiration and Sources from various Constitutions, on the other hand, does not make it secondhand. Furthermore, there was little to draw from in the way of a model. Dates Events 1934 MN Roy gave the idea of a constituent assembly for framing the Indian constitution, 1935, This idea of forming a constituent assembly was supported by leaders of the Indian National Congress, and demand was put forward1938 Jawaharlal Nehru, on behalf of the Indian National Congress, demanded that the constituent assembly consist of Indians only. 1940 Britishers accepted this demand in the August offer. 1942 Before the Quit India movement, Cripps’s mission said that the formation ofa constituent assembly would be after World War II (1939-1945). 1946 The Cabinet mission formed a constituent assembly. Constituent assembly had 389 seats (296 British India and 93 Princely states) « Majority seats by Congress-208 9th Dee 1946 «The first meeting of the constituent assembly took place with 211 members. The first President of the assembly was Dr Sachidanand Sinha. 11th Dec 1946 Permanent President Dr Rajendra Prasad. Vice President H. C. Mukherjee Constitutional advisor B. N. Rao 13th Dee 1946 Objective resolution was given by Jawaharlal Nehru, who laid the philosophical structure of Indian constitution. It was passed on 22nd July 1947, 3rd June 1947 Lord Mountbatten planned for two constituent assemblies. ‘The number of seats was reduced to 299. The first Parliament of India the constituent assembly was formed. The first speaker of Independent India- G.V. Malvankar, Chairman of constituent assembly Dr Rajendra prasad.26th November 1949 The Constitution of India was made. Check out the article on the Seventh Schedule Of the Indian Constitution here. Making of the Indian constitution: Demand for Constituent Assembly Annie Besant’s general assembly in 1922 agreed to call a conference to draft a constitution, The British Parliament was presented with the Indian Commonwealth Bill of 1925. One of India’s most important constitutional reforms. The Motilal Nehru report, which was considered the first major attempt toward a full-fledged constitution, was published in 1928, Between 1930 and 1932, three round tables on constitutional reform were convened. The first round table conference took place in 1930. In 1934, the idea of the constituent assembly was put forward by M.N. Roy. In 1935, the Indian National Congress demanded a constituent assembly to frame the constitution. In 1938, Jawaharlal Nehru declared that the constituent assembly must consist of elected members on the basis of a universal adult franchise In 1940, the demand was accepted by the British government. This was termed the August offer. In 1942, Sir Standford Cripps proposed forming Independent nations for Hindus and Muslims. This was referred to as the Cripps mission. In 1946, a constituent assembly was formed based on the cabinet mission. Study the Comparison of the Indian Constitution with Other Countries here! About Constituent Assembly The Constituent Assembly was an assembly of elected representatives who drafted the document of the constitution. Elections to this Assembly were held in July 1946, and its first meeting was held in December 1946. Due to partition, the constituent assembly was also divided. It comprised 299 members that adopted the constitution on 26 November 1947, which came into effect on 26 January 1950. The constituent assembly had the responsibility for framing the constitution of India. It functioned from Dec 1946 to Nov 1949. There were 8 Major committees and 15 minor committees in the constituent assembly for different subjects. It conducted 11 sessions to discuss different issues related to the formation of the constitution, Check out Article 356 of the Indian Constitution here. Composition of Constituent Assembly Total Number of Seats in Constituent Assembly — 389 Seats (292 Seats — British Provinces and 93 seats — Princely states). The British provinces were divided into three principal communities comprising Muslims, Sikhs, and general. The members of that particular community elected representatives of each community for assembly. Later, due to the partition of India, some territories were transferred to Pakistan. This reduced the number of seats to 299. The method of election was through proportional representation, where 1 seat represented nearly 10 lakh people. Also, check the Difference Between Written and Unwritten Constitutions here.The Constituent Assembly had a specific structure: 292 members were elected through the Provincial Legislative Assemblies. 93 members represented the Indian Princely States 4 members represented the Chief Commissioners! Provinces Therefore, the total membership of the Constituent Assembly was initially set to be 389. However, the Mountbatten Plan of 3rd June 1947 resulted in the partition of India and the creation of a separate Constituent Assembly for Pakistan. As a result, some representatives from certain provinces could no longer be part of the Assembly. This led toa reduction in the membership to 299 members. Features and Functions of the Constituent Assembly The Provincial Legislative Assembly elected 292 members, while the Indian States had a maximum of 93 seats. Seats in each province were distributed proportionally among the Muslim, Sikh, and General committees based on their respective populations. Members of each Provincial Legislative Assembly community selected their representatives using the proportional representation method and a single transferable vote. Princely states’ the heads of the princely states chose representatives. ‘On December 13, 1946, Jawaharlal Nehru introduced the Objectives Resolution, marking the formal beginning of the Constituent Assembly's task of drafting the Indian Constitution. ‘The resolution aimed to declare India as an Independent Sovereign Republic and draft a Constitution for its future administration. The resolution outlined fundamental principles to guide the Constituent Assembly's work passed on January 22, 1947, Gradually, delegates from princely states joined the Assembly, formally established on April 28, 1947, with representatives from six states. Following the acceptance of the Mountbatten Plan for the partition of the country on June 3, 1947, delegates from most other princely states assumed their seats in the Assembly. The Constituent Assembly was responsible for the following tasks in addition to drafting the Constitution and adopting ordinary laws: It corrected the Commonwealth’s membership enrolment in May 1949. On Tuly 22, 1947, it adopted the national flag. On January 24, 1950, it adopted the national anthem, On January 24, 1950, it chose Dr. Rajendra Prasad as India’s first President. Also, check out the Salient Features of the Indian Constitution here. Committees of Constituent Assembly Here is a brief overview of the committees of the Constituent Assembly of India’ Committee Name Responsibilities Chairperson Drafting Committee Drafting the actual text of the Dr. BR. Ambedkar Constitution,governments. Union Power Committee Drafting provisions related to the central | Jawaharlal Nehru government, Provincial Constitution Committee Drafting provisions related to state Vallabhbhai Patel Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas Drafting provisions related to fundamental rights, minorities, and tribal areas. ‘Vallabhbhai Patel States Committee ‘Negotiating with princely states for their | Jawaharlal Nehru integration into the Indian Union. Rules of Procedure Committee Drafting rules of procedure for the Rajendra Prasad Constituent Assembly. Finance and Staff Committee Managing Constituent Assembly Rajendra Prasad finances, House Committee Day-to-day administration of the B. Pattabhi Constituent Assembly. Sitaramayya Hindi Translation Committee Translating the Constitution into Hindi. Alladi Krishnaswami Ayyar Urdu Translation Committee Translating the Constitution into Urdu. Drafting Committee of Indian Constitution Muhammad Saadullah A notable committee among the mentioned committees is the Drafting Committee, led by Dr. B.R. Ambedkar. Established on August 29, 1947, its primary responsibility was to draft the Constitution of India, incorporating proposals from various committees. The committee consisted of seven members from the Assembly: Dr. B.R. Ambedkar as the Chairman Dr. K M MunshiSyed Mohammad Saadullah 'N Madhava Rau N Gopalaswamy Ayyangar Alladi Krishnaswamy Ayyar TT Krishnamachari Within a timeframe of six months, the committee prepared the first draft, which underwent revisions based on suggestions, public comments, and criticism. The second draft was subsequently released in October 1948. Criticism Towards Constituent Assembly Here are some of the criticisms leveled against the Constituent Assembly of India: Tt was not a fully representative body: The Constituent Assembly was elected by the provincial legislatures. This meant that the Constituent Assembly did not represent the views of all Indians It was dominated by the Indian National Congress: The Congress Party had a majority of seats in the Constituent Assembly. This led to accusations that the Constitution was not truly representative of the will of the people It was not a sovereign body: The Constituent Assembly was set up by the British government. It was subject to the provisions of the Indian Independence Act of 1947. The Constituent Assembly could not make any changes to the Act without the approval of the British government. It was too slow in its work: The Constituent Assembly took over two years to draft the Constitution. This was seen by some as a waste of time and resources. It was too influenced by foreign models: The Constituent Assembly drew heavily on the constitutions of other countries. This led to accusations that the Constitution was not truly Indian. It did not reflect the unique needs and circumstances of the country. Know more about the Directive Principle Of The State Policy here. Changes by the Independence Act The constituent assembly became a sovereign body and had the authority to change laws made by the British Parliament, It performed two functions: making the constitution and acting as a parliament as a legislative body. ‘Members of the Muslim League withdrew from the constituent assembly, and Pakistan came into being after the Independence Act of 1947. Also, check out the List of Important Major Amendments to the Indian Constitution here. Features of Objective Resolution Itacted as a guideline for the members of the constituent assembly to achieve ~ Economic stability, political security, and faster unity of the nation. Proclaim India as a sovereign democratic republic nation. 2 Ensure your federal form of Government with the distribution of powers between the central and the states. . Guarantee and secure justice, right to equality, freedom, belief, faith worship, and location to citizens of India, Safeguard interests of backward and tribal areas, depressed classes, and other backward classes. Maintain territorial integrity and sovereignty over land, sea, and air. Help India to attain a rightful and honoured place in the world that will promote world peace and the welfare of mankind. Know more about the Canadian Constitution! Enactment and Enforcement of the ConstitutionOn November <6, 1749, the motion on Drait Constitution was proclaimed approved, gaining the signatures of the members and the President. It should be emphasized that the Preamble was enacted after the Constitution After three sets of readings of the Draft produced by the Drafting Committee and published in October 1948, the Constitution was accepted on November 26, 1949, with a Preamble, 395 Articles, and 8 ‘Schedules Of the Indian Constitution. Some of the 395 Articles, such as Articles 5 to 9, Articles 379, 380, 388, 392, and 393, went into effect on November 26, 1949. The remaining Articles were enacted on January 26, 1950, Republic Day. The Indian Independence Act of 1947 and the Government of India Act of 1935 were repealed once the Constitution of India took effect. Our Constitution currently has 448 Articles, 25 Parts, and 12 Schedules. Also, study Statutory, Constitutional, and Various Quasi-Judicial Bodies here. Women and the Constituent Assembly ‘Women also had a vital part in creating the Indian Constitution, which was a prominent element of the Constituent Assembly. Several women members of the Constituent Assembly contributed to creating an independent Indian constitution in their own unique way. The noteworthy contributions of each of these women are noted below; Rajkumari Amrit Kaur Rajkumari Amrit Kaur was the first woman in independent India to be appointed to the Cabinet as Health Minister. She established the All India Institute of Medical Sciences (AIIMS) and Lady Irwin College in Delhi after founding the Indian Council for Child Welfare. Ammu Swaminathan The Fundamental Rights and the Directive Principles of State Policy, according to Shrimati Ammu Swaminathan, are the two sturdy foundations on which the Indian Constitution relies. Ammu Swaminathan said that many minute elements contained in the Indian Constitution should have been left to the Government and the Legislature since the Constitution was too long and cumbersome. Shrimati Leela Ray ‘She was an important figure in both pre- and post-independence India, Founded the Jatiya Mahila Sanghati and the Dacea Mahila Satyagraha Sangha, both of which advocated for women’s empowerment and the anti-salt tax movement. Shi ati Dakshayani Velayudan She was a member of the Madras Constituency, and expressed her concer for the Harijan community in the Assembly by voting against the construction of a separate electorate for them, forced labor, and the practice of untouchability. Shrimati G. Durgabai Shrimati G. Durgabai has expressed her views on appointing Provincial High Court Judges, arguing that the Govemor and his Cabinet should be fully responsible for this. Her opinions on the abolition of the Devadasi system, the protection of minors from exploitation, and the constraints on the liberties granted to individuals were equally noteworthy. Begum Aizaz RasulBegum Aizaz Rasul believed that the Ministry, as a stable entity, should not be subject to the whims and fancies of any single party or legislative to whom the Ministry was accountable. Furthermore, her admiration for Dr. B. R. Ambedkar’s outstanding work defending minority rights while creating the Indian Constitution cannot be overstated. Shrimati Hansa Mehta She emphasized the importance of social, economic, and political justice for women in India, given the country’s long history of oppression. Know more about the Russian Constitution! Conclusion Despite the numerous criticisms leveled at the Constituent Assembly’s functioning, one cannot deny that, today, India is living and breathing in the air of sovereignty, democracy, and freedom, as well as the rights and duties vested in both citizens and states of the nation, itis due to the tireless efforts of notable personalities who came together to gift India its biggest gift. Making of the Indian constitution PDF (UPSC Polity Notes): Download Here! Testbook is a one-stop solution for all your exam preparations. Be it preparing for UPSC, SSC, Banking, Railways, or any other competitive exams. 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