Study Notes on the Making of the Indian Constitution
Making of The Constitution
Introduction
The making of the Indian Constitution was a lengthy process that involved 299 members elected from provincial assemblies to the Constituent Assembly.
The process spanned nearly three years and included eleven sessions held over 165 days.
The Indian Constitution was adopted on November 26, 1949, and came into force on January 26, 1950.
It laid the foundational governance framework in the country.
Evolution of Indian Constitution Timeline
Important Milestones:
1858: Transfer of power from the East India Company to the British Crown begins the process of formal governance in India.
1909: Morley-Minto Reforms introduce the first elements of Indian representation in governance.
1932: Communal Award introduced, later opposed by Indian National Movement leaders.
1935: Government of India Act, 1935, sets a precedent for the constitutional framework.
1946: Cabinet Mission Plan leads to the election of the Constituent Assembly.
December 9, 1946: First meeting of the Constituent Assembly.
December 11, 1946: Dr. Rajendra Prasad was elected as the permanent Chairman of the Assembly.
January 22, 1947: Jawaharlal Nehru proposed the Objective Resolution, outlining the goals of the Constitution.
1947: Partition of India and subsequent changes in the Constituent Assembly composition.
January 1948: Publication of the Draft Constitution.
November 26, 1949: The Constituent Assembly adopted the Constitution.
January 26, 1950: The Constitution of India came into effect.
Demand for Constituent Assembly
M.N. Roy, a pioneer of the communist movement in India, was the first to propose the idea of the Constituent Assembly for India in 1934.
The Indian National Congress (INC) officially demanded a Constituent Assembly to draft the Indian Constitution in 1935.
Jawaharlal Nehru, on behalf of the INC, declared in 1938 that "the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise."
The British Government eventually accepted this demand in the 'August Offer' of 1940.
The Cripps Proposal emphasized the establishment of a constitution-making body for India after World War II.
The Cabinet Mission of 1946 suggested a single Constituent Assembly, rejecting the idea of two separate Assemblies for India and Pakistan, a plan not acceptable to the Muslim League.
Composition of Constituents Assembly
The Constituent Assembly was formed under the Cabinet Mission Plan of 1946.
Comprised 389 members, with 296 seats allotted to British India and 93 seats to princely states.
Seats were allocated proportionally to the population, roughly one seat per million people.
The allocation process ensured representation among the three principal communities—Muslims, Sikhs, and General communities based on their population ratios.
British province representatives were elected by members of that community in their respective provincial legislative assembly; whereas, representatives from princely states were nominated by the heads of those states.
The Assembly was partly elected and partly nominated, with voting conducted under a proportional representation system using a single transferable vote.
Therefore, it was not directly elected by the general populace.
Framing of Indian Constitution
The Constitution was drafted by a Constituent Assembly established as per the Cabinet Mission Plan of 1946.
The withdrawal of Muslim League members due to partition lessened the Assembly's strength to 299 (with 229 from provinces and 70 from states).
The Assembly set up 13 committees to frame the Constitution.
The Drafting Committee, led by Dr. B.R. Ambedkar, based the draft on the reports of these committees.
The draft Constitution was published in January 1948, allowing eight months for public discussion and amendments.
After deliberation by the people, the press, and legislative bodies, the amendment proposals from the discussions were considered in the final constitution, which was adopted on November 26, 1949.
Rather than purely original, the Indian Constitution is characterized by adaptations and borrowings from other constitutions worldwide, tailored for Indian context and circumventing their shortcomings. The constitutions of the United Kingdom, the United States, Ireland, and Canada had significant influence on it.
The Constitution embodies principles like liberal democracy, secularism, and social democracy elements.
Objectives of the Constitution
The objectives were summarized in the Objective Resolution proposed by Nehru and adopted on January 22, 1947.
Main Principles:
To develop India as an independent sovereign republic.
To create a democratic Union with equal self-government for all constituent parts.
To guarantee justice: social, economic, and political.
To ensure equality of status, opportunity, and equality before the law.
To secure fundamental freedoms of thought, expression, belief, faith, worship, vocational association, and action.
To provide safeguards for minorities, backward regions, and disadvantaged areas.
To maintain the Republic's territorial integrity and sovereign rights as per civilized nations' law and justice.
To ensure India’s rightful place in the world and contribute to world peace and humanity's welfare.
Enactment and Adoption of the Indian Constitution
The Constitution was formally adopted on November 26, 1949.
However, it was enforced two months later on January 26, 1950, marking the commencement of the Constitution.
Specific provisions came into effect immediately on November 26, including those about citizenship and elections.
The date January 26 was selected for its historical significance, being commemorated as Purna Swaraj Day, which was celebrated since 1930.
Brief Overview of Constitutional Development in India
The constitutional development reflects back to the Regulating Act of 1773 through various laws enacted during British rule, leading up to the Constitution's framing.
The process is ongoing with provisions for amendment allowing adaptability over time.
What Is A Constitution?
A constitution defines the fundamental principles that govern a state’s formation and governance, delineating power distributions and law-making authorities.
It also places restrictions on governmental authority in imposing rules and policies, ensuring the balance between governmental power and citizen rights.
It facilitates the conditions required for achieving societal aims and establishing a just configuration of governance.
Historical Background of Indian Constitution
The Indian Constitution and its political framework have roots in British rule, influenced immensely by administrative techniques established by colonial authorities.
Overview of the Constitution
The Indian Constitution represents the supreme law of the land, defining political principles, government functions, rights, and duties across its citizens.
It marks constitutional supremacy versus parliamentary supremacy as it was drafted with direct input from the populace through the constituent assembly process.
Constitutional Assembly - Composition, Criticism, and Key Members
Constituent Assembly members were indirectly elected; criticism surrounded its representational legitimacy, dominance by the Congress party, and the nature of political representation.
Key members included Presidents Dr. Rajendra Prasad and Dr. B.R. Ambedkar, with major committees focusing on specific constitutional issues and provisions.
The drafting committee and other pivotal groups worked collaboratively to reflect India’s diverse social vista.
Enforcement of the Constitution
The Constitution of India effectively promises an orderly transition of power from British rule to Indian governance, culminating in its full enforcement on January 26, 1950.
The journey towards enactment was paved with the groundwork laid by previous constitutional efforts and resolutions over the years.
The enforcement mechanism encompasses the legal processes ensuring the Constitution's adherence across India.
Significant Dates Related to Constitution Adaptation And Vote
India’s national symbols were adopted during key dates leading up to the Constitution’s enactment, symbolizing national identity and unity.
The journey also involved engaging citizens through discussions over drafts and adaptations before the final document was ratified, reflecting a spirit of collective affirmation in nation-building.