Constitution of India

Making of the Constitution of India

1934: MN Roy started demand for a Constituent Assembly

1946: A Cabinet Mission was sent to India. While it rejected the idea of two Constituent Assemblies, it put forth a scheme for the Constituent Assembly which more or less satisfied the Muslim League.

Constitution of India
Constitution of India

Composition of Constituent Assembly

  • The Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan.
  • The total strength of the Constituent Assembly was to be 389. 
  • Of these, 296 seats were to be allotted to British India and 93 seats to the princely states. 
  • Out of 296 seats allotted to British India, 292 members were to be drawn from the eleven governors’ provinces and four from the four Chief Commissioners’ provinces, one from each.
Constitution of India
Constitution of India

Working of the Constituent Assembly

  • The Constituent Assembly held its first meeting on December 9, 1946.
  • Dr. Sachchidananda Sinha, the oldest member, was elected as the temporary President of the Assembly.
  • Later, Dr. Rajendra Prasad was elected as the President of the Assembly. 
  • Similarly, HC Mukherjee was elected as the Vice-Presidents of the Assembly.
Constitution of India
Constitution of India

Major Committees

S. No. Committee Presided by
1 Union Powers Committee Jawaharlal Nehru
2. Union Constitution Committee Jawaharlal Nehru
3. Provincial Constitution Committee Sardar Patel
4. Drafting Committee Dr B.R. Ambedkar
5. Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas. Sardar Patel

This committee had the following sub-committees:

  1. Fundamental Rights Sub-Committee – J.B. Kripalani
  2. Minorities Sub-Committee – H.C. Mukherjee

iii. North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee – Gopinath Bardoloi

  1. Excluded and Partially Excluded Areas (Other than those in Assam) Sub-Committee – A.V. Thakkar
6. Rules of Procedure Committee Dr Rajendra Prasad
7. States Committee (Committee for Negotiating with States) Jawaharlal Nehru
8. Steering Committee Dr Rajendra Prasad

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Minor Committees

S. No. Committee Presided by
1. Committee on the Functions of the Constituent Assembly G.V. Mavalankar
2. Order of Business Committee Dr K.M. Munshi
3. House Committee B. Pattabhi Sitaramayya
4. Ad-hoc Committee on the National Flag Dr Rajendra Prasad
5. Special Committee to Examine the Draft Constitution Alladi Krishnaswamy Ayyar
6. Credentials Committee Alladi Krishnaswamy Ayyar
7. Finance and Staff Committee Dr Rajendra Prasad
8. Hindi Translation Committee
9. Urdu Translation Committee
10. Press Gallery Committee
11. Committee to Examine the Effect of the Indian Independence Act of 1947
12. Committee on Chief Commissioners’ Provinces B. Pattabhi Sitaramayya
13. Commission on Linguistic Provinces
14. Expert Committee on Financial Provisions
15. Ad-hoc Committee on the Supreme Court S. Varadachariar.

 

Drafting Committee Members

Chairman – Dr. BR Ambedkar

Members:

Constitution of India
Constitution of India
  • N Gopalaswamy Ayyangar
  • Muhammad Saadullah
  • Alladi Krishnaswami Ayyar
  • KM Munshi
  • BL Mittar substituted by N Madhava Rao following his resignation on health issues
  • Dr. DP Khaitan (died in 1948 and was substituted by TT Krishnamachari)

 

Objectives Resolution

  • On December 13, 1946, Jawaharlal Nehru moved the historic ‘Objectives Resolution’ in the Assembly.
  • It laid down the fundamentals and philosophy of the constitutional structure.
  • This Resolution was unanimously adopted by the Assembly on January 22, 1947. 
  • It influenced the eventual shaping of the constitution through all its subsequent stages. Its modified version forms the Preamble of the present Constitution.

 

Other Functions Performed

Constitution of India
Constitution of India
  1. It ratified India’s membership of the Commonwealth in May 1949.
  2. It adopted the national flag on July 22, 1947. It was designed by Pingali Venkayya.
  3. It adopted the national anthem on January 24, 1950.
  4. It adopted the national song on January 24, 1950.
  5. It elected Dr. Rajendra Prasad as the first President of India on January 24, 1950.

 

Enactment of the Constitution

  • In all, the Constituent Assembly had 11 sessions over two years, 11 months, and 18 days.
  • The Constitution, adopted on 26th November 1949, contained a Preamble, 395 Articles divided into 22 Parts and 8 Schedules.
  • The enforcement of the Constitution was delayed till 26th January because, in 1929, on this day, the Indian National Congress demanded Poorna Swaraj in Lahore Session, Chaired by JL Nehru.
  • The Constitution came into force on 26th January 1950, known as Republic Day of India.
Constitution of India
Constitution of India

Schedules of the Indian Constitution

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Some Important Facts

Symbol ( seal) of the Constituent Assembly Elephant
Constitutional Advisor to the Constituent Assembly Sir B.N. Rau
Calligrapher of the Indian Constitution Prem Behari Narain Raizada
Decoration of Indian Constitution Shantiniketan including Nand Lal Bose and Beohar Rammanohar Sinha
Calligraphy of Hindi version Vasant Krishan Vaidya

Different Sources of Constitution 

Country Part
UK
  • Rule of Law
  • Cabinet System
  • Prerogative Writs
  • Parliamentary Government
  • Bicameral Parliament
  • CAG Office
  • Single Citizenship
  • Law making procedures
Erstwhile USSR
  • Fundamental Duties
Australia
  • Concurrent List
  • Joint sitting of Parliament
USA
  • Written Constitution
  • Vice-President as the Ex-officio Chairman of the Upper House
  • Fundamental Rights
  • Supreme Court
  • Independence of Judiciary and
  • Judicial Review
  • Preamble
Japan
  • Procedure established by law
Germany
  • Suspension of Fundamental Rights during the Emergency
Canada
  • Scheme of federation with a strong Centre
  • Distribution of powers between the Centre and the States and placing Residuary Powers with the Centre
Ireland
  • Concept of Directive Principles of State Policy.
  • Method of election of the President
South Africa
  • Procedure for amendment of the Constitution
  • Election of member of Rajya Sabha
France
  • Republic and the ideals of Liberty, equality and fraternity in the Preamble.

 

Important Constitutional Amendments

Amendment Description
1st CAA, 1951 Added 9th Schedule
7th CAA, 1956 Deleted 7th Part of the Constitution
36th CAA, 1975 Sikkim became state
42nd CAA. 1976 Mini Constitution
44th CAA, 1978 Right to Property deleted from Fundamental Rights, Article 352 was amended to replace ‘internal disturbance’ with ‘armed rebellion’
52nd CAA, 1985 Added Tenth Schedule
55th CAA, 1986  Arunachal Pradesh became state (w.e.f. 20/02/1987)
56th CAA, 1987 Goa became state
57th CAA, 1987 Reservation of Seats for STs of Nagaland, Meghalaya, Mizoram & Arunachal Pradesh
73rd CAA, 1992 Added Schedule 11
74th CAA, 1992 Added Schedule 12
97th CAA, 2011 Amendment of Article 19(1)(c), insertion of article 43B, insertion of part 9B for co-operative societies
99th CAA, 2014 Repealed by SC
101st CAA, 2016 GST (added Article 279A)
103rd CAA, 2018 10% reservation for EWS
105th CAA, 2021 Restored the power of State Governments and UTs to identify Socially and Economically Backward Classes

 

Parts of Constitution

Part Trick  Subjects Articles
1 U Union & its Territory 1-4
2 Can Citizenship 5-11
3 Fly Fundamental Rights 12-35
4 Directly DPSPs 36-51
4A from Fundamental Duties 51A
5 U Union 52-151
6 S States 152-237
7 to Deleted by 7th CAA, 1956
8 U Union territory 239-242
9 P Panchayati Raj Institutions 243A-243O
9A Meet Municipalities 243P-243ZG
9B Clever Cooperative Societies 243ZH-243ZT
10 Shyam Scheduled and Tribal Areas 244-244A
11 Ram Relation between Union and States 245-263
12 Fruit Finance, Property, Contracts 264-300A
13 Taste Trade & Commerce 301-307
14 Sweet Services under Union & States 308-323
14A To Tribunal 323A-323B
15 Eat Elections 324-329A
16 So  Special provisions relating to certain classes 330-342
17 Languages 343-351
18 E Emergency Provisions 352-360
19  M Miscellaneous 361-367
20 A Amendment of the Constitution 368
21 T Temporary, Transitional & Special Provisions 369-392
22 S Short title, commencement, authoritative text in Hindi & Repeals 393-395

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