INDIAN CONSTITUTION

Niraj Patel
9428891414
niraj.patel@darshan.ac.in
Indian Constitution(3130007) Darshan Institute of Engineering & Technology
 Topics to be covered
 Meaning of Constitutional law & Constitutionalism.
 History of making Indian Constitution.
 Features & characteristics of our Constitution.
 Fundamental Rights and Duties.
 Directive Principles of State policy.
 Federal Structure of Government.
 Parliamentary form of Government.
 Amendments.
 Emergency Provisions.
 Local Administration and Panchayati Raj.

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 What we were before 1947 ?

THEN, BEFORE 1947

NOW, AFTER 1947

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 Polity V/s. Constitution
 Polity (રાજ્યવ્યવસ્થા, રાજકારણ) and Constitution(બંધારણ) are two
different terms.
 Constitution is simply a formal legal document defining the basic
structure of the system/organisation/country.
 It stipulates about the rights, duties, structure and set up according
to which the norms are governed in the country/ organisation.

 On the other hand, polity is actually an organizational structure

of the government.
 Constitution defines the system and polity is structure in which the
system should function.

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 Constitution ??
 WHY NEEDED ?
 HOW IT FORMED ?
 WHEN IT ENFORCED ?
 IMPORTANCE ?

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 HISTORY OF MAKING
INDIAN CONSTITUTION
 Introduction
 The History of making our constitution can be traced back to year
1858 (A.D.)
 In the wake of Sepoy mutiny (first war of independence as
described by Indians) in 1857, compelled British empire to abolish
the East India company’s rule and British crown assumed the
power in 1858.
 Government of India Act was enacted in this year.
 However, the first step taken by Britishers were its root in 1773
A.D.

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 Identify ?

Robert Clive Mir Jaffar

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 Regulating Act (1773)
 First step to control and regulate the internal affairs of India.
 Designated Governor of Bengal as “Governor General of Bengal”.
 First one to hold this title was Lord Warren Hastings.
 It Made Madras and Bombay subordinate of Bengal.
 Establishment of Supreme Court in Calcutta (1774).(1+3)
 Prohibited servants of company from engaging in private trade
and accepting Presents.
 Enforce Court of Director to report its civil, revenue and military
affairs in India.

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 Pitt’s Act (1784)
 It separated political and commercial functions of company.

EAST INDIA COMPANY

Court of Directors Board of Control

Commercial Political
Affairs Affairs

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 Charter Act (1833)
 Final step to centralization of authority.
 It made Governor General of Bengal as “Governor General of
India”.
 Lord William Bentick Was first one to hold this Title.
 It had also vested exclusive legislative power for entire British
India to him.
 Previously laws made were known to be Regulations, Now it was
Called as “Acts”.
 It ended activities of East India Company as commercial Body. It
become administrative body for all territories of India on behalf of
British Crown, his heirs and successors.

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 Government of India Act (1858)
 Also known as “Act for the Good Government of India”.
 Abolished the Company Rule, British Crown assumes power.
 Designation of Governor General of India was changed to Viceroy
of India.
 Lord Canning was first one to hold this title.
 Ended the system of double government. Created new office of
“Secretary of State” for India.
 15 member advisory body called Council of India was created to
assist Secretary of State.
 This act was largely confined to improvement of administrative
machinery. That was of no benefit to Indians!

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 Indian Councils Act (1861)
 Entry of Indians into Law making process.
 In 1862, Raja of Beneras, Maharaja of Patiala & Sir Dinkar Rao
were appointed in legislative Council of Lord Canning.
 It initiated process of decentralization by restoring legislative
power to Bombay and Madras presidencies. (Reverse of
Regulating Act, 1773).
 New development councils for Bengal, North-west Frontier
Province & Punjab in 1862, 1866 & 1897 Respectively.
 It empowered Viceroy to make rules and order for ease of doing
business. It also vested Emergency power.
 It also gave recognition to “Portfolio System”.

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 Indian Councils Act (1892)
 It increased the no. of additional members (non-official) in the
central and provincial councils.
 It gave power to discuss Budget and addressing questions to the
executive.

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 Indian Councils Act (1909)
 Popularly known as “Morley – Minto” reforms.
 It had increased the size of councils both, central & provincial.
Central Legislative council was raised from 16 to 60.
 Diversified the functions of councils.
 Association of Indians in Executive Councils. Satyendra Prasad
Sinha become its first member.
 Concept of Separate Electorate: Muslim members were elected
by only Muslim voters. So it legalized the Communalism.
 Separate representations of corporations, universities, Chamber of
Commerce & Zamindars.

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 Government of India Act (1919)
 On August 20, 1917, British government declared to introduce a
responsible government of India.
 GOI Act was enacted in 1919, enforced in 1921.
 Also known as “Montague – Chelmsford” Reforms.
 It Provided Base for construction of Present Constitution of India.

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 Features of GOI Act, 1919
 It provided that three out of six members of executive council
(viceroy’s) must be Indians.
 Communal representation by separate electorate for Sikhs,
Christians, Anglo – Indians & Europeans (likewise Muslim).
 Establishment of Public Service Commission. CPSC was established
in 1926.
 Relaxed the central control over provinces.
 Introduction of term “Subjects” which is still in used in present
times.
Subjects

Transferred

Reserved

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 Contd.
 It provided for first time, Bicameralism and direct elections in
country.
 Thus, Indian Legislative council was replaced by bicameral
legislature consisting of a Upper house (Council of State) and a
Lower house (Legislative Assembly).

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 Government of India Act (1935)
 Second milestone to form responsible government in India.
 It was detailed document having 321 Sections and 10 Schedules.
 Establishment of Indian Federation.
 Act divided powers between centre and provinces in the manner
of Subjects.
1. Federal List (59 subjects) (97)
2. Provincial List (54 Subjects)(66)
3. Concurrent List (36 Subjects)(47).
 Residuary powers were given to Viceroy.
 However, Federation came never into effect as princely state did
not join it.

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 Contd.
 The provinces were allowed to act as Autonomous units of
administration in their defined spheres.
 It provided for dyarchy(દ્ વિમુખી રાજ્યપદ્ધતિ), in centre.
 It introduced bicameralism in 6 out of 11 provinces. This list
included Bengal, Bombay, madras, Bihar, Assam and the United
Provinces.
 Establishment of Reserve Bank of India to control currency and
credit.
 Communal representation for depressed classes (SC), women and
labours.
 Establishment of Federal Court in 1937.

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 Indian Independence Act (1947)
 On 20th February 1947, British PM declared that Clement Atlee
declared that British Rule in India would end by 30th June 1948.
 This was followed by agitation by Muslim League demanding a
separate country and partition of India.
 On 3rd June 1947, British government made it clear that any
constitution framed by assembly (formed in 1946) cannot apply to
those part of country which were unwilling to accept it.
 On same day, Lord Mountbatten put partition plan, known as
Mountbatten Plan.
 Same was accepted by congress and Muslim League.

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 Contd.
 India will be independent and sovereign state from 15th August,
1947.
 It provided for partition, creating two independent dominions ,
India and Pakistan.
 It abolished the office of Viceroy of India.
 It empowered the assemblies of both state to frame and adopt
any constitution for their respective area and to legislate for their
respective territories until new constitution was drafted and
enforced.
 It granted freedom to all princely state to join either of dominion
or to remain independent.

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 Demand for Constitution
 Issue first raised by M. N. Roy (a communist) in 1934.
 In 1935, INC demanded to frame Constitution of India.
 In 1938, Jawaharlal Nehru, on behalf of INC, declared that “
constitution of India must be framed without outside interference.”
 Finally accepted by British, in “August offer” in 1940, in which Sir
Stafford Cripps came with a draft to frame constitution after World
War II.
 It was rejected by Muslim League, which wanted the partition into
two states.
 Finally a scheme of Constituent Assembly was accepted by
Cabinet Mission sent by British.

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 Composition of Constituent Assembly
 Total 389 members.
1. 296 seats to British India
2. 93 seats to Princely States.
 Out of 296, 292 from 11 governor’s provinces and 4 from chief
commissioners provinces.
 Representation of one seat per 1 million of population.
 Seats were divided among three communities – Sikhs, Muslims
and other in proportion to their population.
 Representative of princely states were to be nominated by heads
of the state.

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 Contd.
 Election were held in July-August 1946.
 INC won 208 seats, Muslim League won 73 seats and 15 seats
were won by small groups and independents.
 However, 93 seats remain vacant as princely states decided to stay
away from this assembly.
 It consists of representatives from all section of society, all
important personalities of that time except Mahatma Gandhi and
MA Jinnah.

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 Working
 First meeting on 9th December, 1946.
 Muslim League boycotted the meeting.
 Meeting was attended by 211 members only.
 Dr. Sachchidanand Sinha, oldest member were elected as
temporary president.
 Later on 11th December, 1946, Dr. Rajendra Prasad and H.C.
Mukherjee was elected as president and vice president of
assembly.

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 Addressing the assembly

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 Finally, the making of India
 Various committees are formed under the assembly as discussed
earlier.
 Major committee are listed as under
1. Union powers committee – J.N. Nehru
2. Union constitution committee – J.N. Nehru
3. Provincial constitution committee – Sardar Patel
4. Drafting committee –Dr. B.R. Ambedkar
5. Advisory committee on fundamental rights, minorities and tribal &
excluded area –Sardar Patel
6. Rules of procedure committee – Dr. Rajendra Prasad
7. States committee - J.N. Nehru
8. Steering committee – Dr. Rajendra Prasad
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 Other minor committees
 Committee on function of constituent assembly.
 Order of business committee
 House committee
 Ad hoc committee on National Flag
 Special committee to examine the draft constitution
 Credential committee
 Finance and staff committee
 Hindi translation committee
 Urdu translation committee
 Press gallery committee
 Committee to examine the effect of Indian independence act, 1947

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 Contd.
 Committee on chief commissioner’s provinces
 Commission on Linguistic Provinces
 Expert committee on financial provisions
 Ad hoc committee on supreme court

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 Which one was important ?
 Amongst all of above stated committee, Drafting committee was most
important which was created on August 29th , 1947.
 This committee under the leadership of Dr. B.R. Ambedkar, was
enstrusted with task of framing the new constitution.
 It consist of seven members
1. Dr. B. R. Ambedkar (Chairman)
2. N Gopalaswamy Ayyangar
3. Alladi Krishnaswamy Ayyar
4. Dr. K. M. Munshi
5. Syed Mohammad Saadullah
6. N Maddhava Rau (Replaced B L Mittar who resigned due to illness)
7. T. T. krishnamachari (replaced D P Khaitan who died in 1948)

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 Drafting Committee

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 Contd.
 Prepare its first draft published in February 1948.
 After comments, criticsms and suggestions, published second draft
in October 1948.
 In total, it took around six months(141 days) to prepare the draft.

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 Baba Saheb Ambedkar in Assembly

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 Session of assembly
Session Period

First session 9th -23rd December, 1946

second session 20th -25th January, 1947

Third session 28th April- 2nd May, 1947

Fourth session 14th – 31st July, 1947

Fifth session 14th -30th August, 1947

Sixth session 27th January, 1948

Seventh session 4th November, 1948 – 8th January, 1949

Eighth session 16th May – 16th June, 1949

Ninth session 30th July – 18th September, 1949

Tenth session 6th – 17th October, 1949

Eleventh session 14th – 26th November, 1949

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 Final Draft Submitted on 25th November, 1949

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 Signing the Constitution, 26th November, 1949

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 So, sum of all work
 In all, constituent assembly had 11 sessions over 2 years, 11
months and 18 days.
 Constitution makers had gone through the constitutions of 60
countries in all.
 Other Functions performed
1. It adopted national flag on July 22nd , 1947.
2. It adopted national anthem on January 24th , 1950.
3. It adopted national song on January 24th , 1950.

Finally, on 26th January 1950, “Republic of India” was on the world

map!!!!!!!

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