Making of the Indian constitution (Important for APSC)

The Indian Constitution, a monumental document that shapes the governance of the world’s largest democracy, is a meticulously crafted, codified constitution, and a testament to the nation’s commitment to democratic values.

Adopted on November 26, 1949, the Indian Constitution represents the collective vision of the Constituent Assembly, which painstakingly debated and finalized this historic charter over a span of three years, from December 1946 to January 1950.

One of its remarkable features is its single-document nature, encompassing 395 articles and 8 schedules, which serve as the comprehensive blueprint for India’s governance. The Indian Constitution amalgamates elements of both rigidity and flexibility, allowing for adaptation and growth over time while preserving its core principles.

On January 24, 1950, members of Parliament affixed their signatures to the Constitution, formally inaugurating the Republic of India. The Constitution’s supreme authority lays the foundation for the functioning of the Indian state, establishing the principles of justice, liberty, equality, and fraternity as the guiding pillars of the nation. It embodies the values and aspirations of a diverse and multifaceted nation, reflecting the consensus of the Constituent Assembly on fundamental issues of governance and rights.

Background of Making of the Indian constitution

For over two centuries, India endured British colonial rule, which spanned more than two centuries. The seeds of a sovereign Indian constitution were sown in 1928 when a dedicated committee was formed to undertake this monumental task. The culmination of their efforts, known as the Nehru Report, was published in 1929.

However, it was the aftermath of World War II that precipitated a transformative shift. In 1947, the British government granted India independence, a momentous milestone. The year 1946 saw the election of the Constituent Assembly of India, charged with the monumental responsibility of crafting a constitution for the newly liberated nation.

The Indian Constitution, a profound symbol of freedom and democracy, was officially adopted on November 26, 1949. Its transformative provisions came into full effect on January 26, 1950, a date celebrated annually as Republic Day.

This constitutional journey was a protracted and intricate process, unfolding during a period marked by significant political and social changes in India. The framers of the Constitution navigated the complex task of reconciling the diverse demands of various groups while respecting the country’s rich historical and cultural tapestry. The end result, India’s Constitution, is celebrated worldwide as one of the most progressive and democratic constitutional documents, encapsulating India’s commitment to justice, liberty, equality, and fraternity.

Evolution and Framing of Indian Constitutions – Overview

• In 1938, Jawaharlal Nehru, representing the INC, advocated for an independent Indian Constitution through a Constituent Assembly elected via universal adult suffrage.
• The British Government accepted this demand in principle through the ‘August Offer’ of 1940.
• In 1942, Sir Stafford Cripps presented a draft proposal for an independent Constitution, but it faced resistance, particularly from the Muslim League, which favored the division of India into two autonomous states with separate Constituent Assemblies.
•  The Cabinet Mission arrived in India and, while rejecting the idea of two Constituent Assemblies, proposed a framework for a single Constituent Assembly that was agreeable to the Muslim League.
• Under the Cabinet Mission Plan of 1946, the Constituent Assembly was formed for the purpose of drafting India’s Constitution. Initially elected for undivided India, it held its first session on December 9, 1946.
•  On August 14, 1947, the Constituent Assembly reconvened as the sovereign Constituent Assembly for the Dominion of India.
•  Members of the Constituent Assembly were indirectly elected by the Provincial Legislative Assembly, with the essentials of the scheme including the allocation of 292 seats to the Provinces and a maximum of 93 seats to Indian States.
•  Each province distributed seats among three primary committees (Muslim, Sikh, and General) in proportion to their respective populations.
• Representatives from each community within the Provincial Legislative Assembly elected their representatives through proportional representation using a single transferable vote.
• Following the partition plan of June 3, 1947, a separate Constituent Assembly was established for Pakistan. This led to changes in the composition of the Constituent Assembly of India.
•  When the Constituent Assembly reconvened on October 31, 1947, its membership was reduced to 299 members, and on November 26, 1949, 284 members were present to sign the final version of the Constitution.

Making of the Indian constitution: Demand for Constituent Assembly

• In 1922, Annie Besant’s General Assembly resolved to convene a conference for drafting a constitution.
• A significant milestone came in 1925 when the British Parliament was presented with the Indian Commonwealth Bill, marking one of India’s most critical constitutional reforms.
• The Motilal Nehru report, published in 1928, is considered the first substantial effort toward a comprehensive constitution.
•  Between 1930 and 1932, three round table conferences on constitutional reform were held, with the first taking place in 1930.
• In 1934, M.N. Roy proposed the idea of a constituent assembly.
•  In 1935, the Indian National Congress demanded the formation of a constituent assembly to draft the constitution.
•  1938 saw Jawaharlal Nehru’s declaration that the constituent assembly must comprise elected members based on universal adult suffrage.
• The turning point arrived in 1940 when the British government accepted this demand, known as the ‘August Offer.’
• In 1942, Sir Stafford Cripps suggested the creation of independent nations for Hindus and Muslims, known as the Cripps Mission.
•  1946 witnessed the establishment of a constituent assembly based on the Cabinet Mission Plan.

 The Key Facts about the Constitution of India

• The Indian Constitution is renowned as the world’s lengthiest constitution.
•  It employs a federal system with unitary characteristics.
•  India follows a parliamentary form of government.
• The labor-intensive process of constitution-making spanned over 2 years, 11 months, and 18 days.
• Interestingly, the original copies of the Indian Constitution were not typed or printed but handwritten. They are now preserved in a helium-filled case within the Parliament’s library, painstakingly written by Prem Bihari Narain Raizada.
• The Constitution of India was initially penned in both English and Hindi.
•  The foundation of the Indian Constitution is anchored in the Government of India Act, 1935.
• India’s Constitution has drawn inspiration from various countries, incorporating features from different parts of the world.

The structure of the Constituent Assembly 

•  Initially, the Constituent Assembly was composed of 292 members elected through the Provincial Legislative Assemblies.
• The Indian Princely States were represented by 93 members, and the Chief Commissioners’ Provinces had 4 members, making the total intended membership 389.
•  However, the Mountbatten Plan of June 3, 1947, led to the partition of India and the creation of a separate Constituent Assembly for Pakistan. As a result, some representatives from certain provinces were no longer part of the Assembly, reducing the total membership to 299 members.
•  The functioning of the Constituent Assembly was guided by the Objectives Resolution, presented to the Assembly on December 13, 1946, by Pandit Jawaharlal Nehru. The Assembly officially adopted this resolution on January 22, 1947.

ENFORCEMENT OF THE CONSTITUTION

• Several provisions of the Constitution took effect on November 26, 1949, immediately upon adoption. These included aspects related to Citizenship, Elections, the provisional parliament, temporary and transitional provisions, and the short title contained in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, and 393.
• The major portion of the Constitution came into effect on January 26, 1950, which is celebrated as the commencement day of the Constitution. (It’s worth noting that January 26, 1930, was the date of the Purna Swaraj Day celebration.)
•  With the commencement of the Indian Constitution, both the Indian Independence Act, 1947, and the Government of India Act, 1935, along with all their enactments, were repealed. However, it’s important to mention that The Abolition of Privy Council Jurisdiction Act (1949) continued in force.

Other Important facts

•  The elephant was adopted as the symbol of the Constituent Assembly.
•  Serving as the Constitutional Adviser to the Constituent Assembly was Sir B.N. Rau.
• The role of Secretary to the Constituent Assembly was undertaken by V.R. Iyengar.
•  Within the Constituent Assembly, N. Mukherjee held the crucial position of chief draftsman responsible for shaping the constitution.
• The artistry of the Constitution’s calligraphy was masterfully executed by Prem Behari Raizada.
• Nand Lal Bose and B.R. Sinha contributed to the decoration and beautification of the Constitution.
• In the Hindi version, the calligraphy was expertly crafted by Vasant Krishan Vaidya and further enhanced by the artistic touches of Nand Lal Bose.

Features of Objective Resolution

•  To declare India as an Independent Sovereign Republic, with the unification of the territories that constituted British India into a single entity.
•  Each of these territories, while forming a united whole, would maintain its autonomy and retain residuary powers, fully exercising governmental and administrative functions.
• The authority and power of the government would derive from the will of the people, reflecting the principles of democracy.
• The Constitution would ensure justice, encompassing social, economic, and political aspects, as well as guaranteeing equality of status and opportunity for all individuals before the law.
• Fundamental freedoms, including freedom of thought, expression, belief, faith, worship, vocation, association, and action, would be upheld, subject to the boundaries of law and public morality.
•  Adequate provisions and safeguards would be put in place to protect the rights and interests of minorities, backward and tribal areas, as well as the marginalized and other backward classes.
• The overarching aim of the Constitution would be the promotion of world peace and the welfare of all humankind.

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