Making of Indian

Constitution

9th December 1946 to 26th November 1949

https://youtu.be/UQLPat5oaN8
(video on constitution making)
 MAKING OF
THE INDIAN CONSTITUTION
Date of Adoption 26-11-1949
Date of commencement
26-01-1950
 bl nt
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……..Of Constituent
Assembly
 HIGHLIGHTS
• Framed by a Constituent Assembly.
• One of the best constitutions in the world.
• Detailed Preamble
• 395 articles in 22 parts.
• 12 schedules,
• 102 Amendments.
Constituent Assembly
Member Representatives
 Drafting of Constitution.
• It took 2 years, 11 months, and 18 days in
framing the Constitution.
• The Constitution was enacted and adopted on
26th November 1949.
• Some of the provisions relating to citizenship,
elections, provisional parliament etc came into
force on the same day.
• Remaining provisions came
into force on 26th January 1950.
 Govt. of India Act 1935
Back bone of our
Present Constitution

• Federation and provincial autonomy.

• Dyarchy at the centre.
• A bicameral Central legislature created.
• Distribution of powers between centre
and provinces.
 Joint Constitution assembly
for India & Pakistan.

• The first meeting of the consembly was

held on Dec. 9, 1946.
• But it was boycotted by Muslim league.
• Muslim league demanded a separate
assembly for Pakistan.
 Constituent Assembly of India

• On 14th August 1947 the Sovereign con-

sembly for India reassembled.
• Dr Rajinder Prasad was elected its
President.
• Seven member drafting committee formed.
• Dr. B.R. Amdedkar acted as chairman of
drafting committee.
 Committees of the Constituent
Assembly
1. ConstitutionMaking Union Powers Committee
2. Union Constitution Committee
3. Provincial Constitution Committee
4. Drafting Committee
5. Advisory Committee on Fundamental rights
and Minorities
6. Rules of Procedure Committee
7. States Committee
8. Jawaharlal Nehru Steering Committee
 Along with eight major committees, the most
significant was the Drafting Committee. On 29th
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.

Drafting Committee
Dakshayani Velayudhan, Hansa Jivraj Mehta, Amrit Kaur, Ammu
Swaminathan, Begum Aizaz Rasul, Durgabai Deshmukh, Kamla
Chaudhary, Leela Roy, Malati Choudhary, Purnima Bannerjee,
Renuka Roy, Sarojini Naidu, Sucheta Kriplani, Vijaylakshmi Pandit,
and Annie Mascarene.
It was written in both Hindi and English
 Salient features

• Written constitution.
• Enacted Constitution.
• Lengthy Constitution.
 Preamble
• WE THE PEOPLE OF INDIA, having solemnly resolved to
constitute India into a SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC and to secure to all its citizens:
• JUSTICE, social, economic and political;
• LIBERTY of thought, expression, belief and worship;
• EQUALITY of status and of opportunity;
and to promote among them all
• FRATERNITY assuring the dignity of the individual and the
unity and integrity of the Nation.
• IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of
November, 1949 do hereby ADOPT,ENACTAND GIVE TO
OURSELVES THIS CONSTITUTION.
 Constitution
Drawn from different sources

• Parliamentary system • United Kingdom

• Rule of law • United Kingdom
• Fundamental Rights • U.S.A
• Judicial Review • U.S.A
• Post of Vice president • U.S.A
• Emergency provisions • Germany
• Fundamental duties • Russia
• Concurrent list • Australia
• Directive Principles • Ireland
Recap
 Fundamental Rights
https://youtu.be/Z149N2iSyyg
ARTICLE-13
 Exceptions
Reservation or Protective Discrimination
• Govt. can implement special schemes &
measures to improve the conditions of
socially disadvantaged or in the times of
crisis.
 Right to life
• No citizen can be denied his or her life except by
the procedure laid by the law
• no one can be arrested without being told the
grounds for arrest and
• if arrested has the right to defend by lawyer of
his choice
• it is mandatory for the police to take arrested
person to the magistrate within 24 hours .
• This right include right to live with human
dignity ,free from exploitation.
• court says right to shelter and livelihood is also
included in right to life.
 What are the 4 rights of the accused?

To ensure fair trial the constitution provides three

rights to the accused,
• No person would be punished for the same
offence more than once
• no law shall declare any action as illegal from a
backdate
• no person shall be asked to give evidence
against himself or herself

PREVENTIVE DETENTION
the imprisonment of a person with the aim of
preventing them from committing further offences or
of maintaining public order.
# Effective tool to deal with anti-social elements#
Right against Exploitation
Forms of exploitations:
• Begar or forced or Bonded
labour

• Human Trafficking-buying &

selling of humans
• There is an exception made for Public Services and for
compulsory military services
• the constitution forbids employment of children below 14
years in the dangerous places like factories and mines
• Right to education has become a Fundamental Right .
 Freedom of Religion
Article-25- 28
the birthplace of four major world religions: Jainism, Hinduism, Buddhism and
Sikhism.
• There is equality of religion and country does not
have any official religion
• Everyone enjoys the right to follow religion of his or
her choice.
• freedom to practice ,propagate and profess any
religion.
• the government can impose restrictions on this right
to protect public order morality and health it is not an
unlimited right.
• the government can interfere in the religious matters
for rooting out certain evils as Sati etc,.
• the Constitution does not allow any forced
conversions.
 Cultural and Educational Rights
Article: 29-30

• Protection against interest of minorities article 29 (1.)

• Freedom to get admission in educational institutions.29(2)

• Right to minorities to establish educational institutions.30(1)

• No discrimination while giving grants.30(2)

Right to Constitutional Remedies
Article -32
 WRITS

Habeas corpus Arrested person to be produced before

court
Mandamus Office holder is not doing legal duty
Prohibition Higher court to lower court -case
beyond jurisdiction
Quo Warranto office holder is not entitled to hold it
Certiorari court orders lower court or other
authority to transfer a matter pending
before it to higher authority.
●In 1976, 42nd amendment to the constitution,
inserted a list of fundamental duties of the citizens.
● there are 10 duties .
● the Constitution does not say anything about
enforcing these duties.
 Fundamental Duties
● To abide by the Constitution and respect its ideals and institutions, the National
Flag and the National Anthem;
● To cherish and follow the noble ideals which inspired our national struggle for
freedom;
● To uphold and protect the sovereignty, unity and integrity of India;
● To defend the country and render national service when called upon to do so;
● To promote harmony and the spirit of common brotherhood amongst all the people
of India transcending religious, linguistic and regional or sectional diversities; to
renounce practices derogatory to the dignity of women;
● To value and preserve the rich heritage of our composite culture;
● To protect and improve the natural environment including forests, lakes, rivers,
wildlife and to have compassion for living creatures;
● To develop the scientific temper, humanism and the spirit of inquiry and reform;
● To safeguard public property and to abjure violence;
● To strive towards excellence in all spheres of individual and collective activity so
that the nation constantly rises to higher levels of endeavour and achievement;
● Who is a parent or guardian, to provide opportunities for education to his child, or
as the case may be, ward between the age of six to fourteen years.[106] [a]
 Directive Principles of State Policy
• Some guidelines are incorporated in the constitution.
• Are not legally enforceable
• Are non justiciable that means cannot be enforced by the
judiciary but have a moral force behind them
• it is list of guidelines for the government to keep in mind
while framing the laws .
• right to education
• formation of Panchayati Raj
• right to work and midday meals are all included in the
directive principles
• Goals: Welfare of the people
• social economic and political justice
• raising the standard of living
• equitable distribution of resources
• promotion of international peace
• Policies: Uniform Civil Code
• prohibition of consumption of alcoholic
liquor
• promotion of cottage industries
• prevention of slaughter of useful cattle
• promotion of village panchayats
• Non Justiciable Rights adequate
livelihood
• equal pay for equal work
• right to work
• free and compulsory education to
children
• right against economic exploitation
 Fundamental Rights
and
Directive Principles of State Policy
Fundamental Rights Directive Principles

1 Given in part III of the constitution Given in Part IV of the constitution

2 To restrain the government from doing To instruct the government to do

certain things certain things

3 Protect rights of the individuals Ensure well being of the entire society

4 Right can be a breast for giving effect to This is a moral force and cannot be
Directive principles gif they are Indians to enforced by the government
Welfare of the others

5 Examples Examples
 Philosophy of the constitution
A constitution is a document which is based on
certain moral vision. In India we adopted
Political Philosophy Approach to the
constitution it has following elements:
1. Individual freedom
2 .Social Justice
3. Respect for diversity and minority rights
4. Secularism
5.Universal franchise
6. Federalism
7. National identity
Amendments