This article, written by Vanshika Kapoor and further updated by Priyanka Jain, discusses the making of our Constitution and its historical background. It shows the timeline of its coming to be and throws light on what the Constitution framers did to give us such a document that still holds its place.

“Constitution is not a mere lawyers document, it is a vehicle of Life, and its spirit is always the spirit of Age.”  – Dr. B.R. Ambedkar”

Introduction 

The Constitution of India is a document that forms the backbone of the world’s largest democracy. In various pronouncements of the Hon’ble Supreme Court, it has been upheld that the Constitution is our country’s first book. It is a timeless document encapsulating geographical, historical, cultural, and linguistic diversity in an ordered and structured manner. In Navtej Singh Johar & ors. vs. Union of India (2016), the Hon’ble Supreme Court held that our democratic Constitution is an organic and breathing document with senses, which are very much alive to its surroundings, for it has been created in such a manner that it can adapt to the needs and developments taking place in the society.

Diving deep into its making helps us unfold several mysteries regarding its need, implementation, and understanding of the minds of the makers of the Constitution. Dr Bhim Rao Ambedkar, after reading and learning from the Constitutions of sixty different countries, outlined the Constitution of India. The essential features were adopted to make India at par with other developed nations. It was drafted and crafted to remove the scars of the Indian freedom struggle to ensure perpetual freedom and restore confidence within its population. This document is essential to provide structure and order to our country so that it never slips into the hands of invaders and capitalists. This article navigates from the dynamics of socio-political challenges faced by the Constitution makers, their vision, challenges they faced while drafting, and the official timeline of its drafting, ratification by different members and finally its adoption.

Understanding the Constitution

Before navigating into the history of the Indian Constitution, I think we should get more clarity into the term ‘Constitution.’ So, let us read and understand what it means. The word “Constitution” has Latin roots; it is made from “constituere,” which means to set up. Therefore, we can say that the Constitution is the structure on which the government’s administration is based. Moreover, we are already aware that it is the home of written rights and liabilities of the citizens. 

Interestingly, the Constitution also has provisions regarding the rights and privileges of foreign citizens. When we talk about the Constitution in India, we say that it is the law from which all the other laws of the land have derived their force. So we can say that if any law or part of a law contradicts the Constitution of India, then it cannot be enforced or executed as a law.

Proudly being the bulkiest Constitution in the whole world, the “Indian Constitution” is the Supreme Law of India. In totality, a Constitution is a document that has special legal sanctity attached to it. It is the constitution that lays down the legal framework of the country today. We need to remember here that it works as the principal organ of the government. Furthermore, it is interesting to note here that the Constitution also sets out the principal guidelines for organs of the government to work like a well-oiled machine. 

Since the Constitution of India is a perfect combination of both rigidity and flexibility, it has been amended the most times in the world. Note here that the Constitution that we have today consists of the following:

• Preamble;
• 448 Articles, which have been classified into 25 parts for convenience;
• 12 Schedules in which it is divided;
• 5 Appendices ;
• You would be surprised to know that it houses more than 146,385 words in the English language;

Interestingly, the Chairmanship of Dr. Rajendra Prasad was exemplary, and it is because of the Constituent Assembly’s hard work that we have a holistically drafted Constitution today. We adopted this law of the land on the 26th day of November 1949. Yes, today, you and I celebrate this day as Constitution Day. Remember here avid readers, that it was only on the 26th of January, 1950, that this law became effective after replacing the Government of India Act, 1935. 

To know more about what is the Constitution and historical background of the Indian Constitution in brief, please refer to the video below:

The Constitution majorly constituted the following:

• Fundamental rights;
• Government and Legal Procedures;
• Practices;
• Powers;
• Directive Principles. 

Over time, there were significant developments made in our Constitution through amendments. These developments have enlarged the scope of the Constitution. While the basic idea or structure is the same, there is a value addition to suit and adapt the Constitution to the changing needs of society. Some of these are as follows:

• The scope of fundamental rights has been enlarged by the Hon’ble Supreme Court through various pronouncements, including the expansion of Article 21, the right to life and personal liberty. Earlier, the right to property was a fundamental right, but later, it was removed by the 44th Amendment to the Constitution. Now, as we all know, the right to property is merely a constitutional right and not a fundamental right anymore.
• It is important for us to note here that the Constitution did not have fundamental duties. Also, it was only in 1976 that an Article numbered Article 51A was inserted. This Article, under the 42nd Amendment, which was taken from the USSR, houses the duties that are today fundamental in nature. Today, these duties are like moral obligations that help to promote a sense of responsibility and fraternity between the citizens of our motherland. However, unlike fundamental rights, these are not enforceable in the court.
• The framework of government remains the same and is protected by the doctrine of basic structure propounded by the Hon’ble Supreme Court in the case of Keshwananda Bharati vs. State of Kerela (1973). This doctrine says that the Constitution’s basic structure is of such a nature that it cannot be abrogated.
• Article 368 talks about the power to amend the Constitution of our motherland. It is interesting to note that the Constitution has been amended multiple times in the past 75+ years. This is something that helps us reflect that our Constitution today has both dynamic character and adaptability embedded within it. So far, more than a hundred amendments have been done, among which the Forty-Second Amendment (1976)  is massive, sometimes also called a mini-constitution.
• There were 395 Articles in the Constitution, but now there are 448.

Meaning of the Constitutional law 

Since we have already understood the term Constitution in great detail, I think it’s time I explained Constitutional law. But what is Constitutional law? Let’s have a look. 

So, it is a body of law that helps lay down the powers, roles, and structure of various entities within a state. Moreover, it has the basic fundamental rights of the citizens embedded within itself. So, now you might be wondering what entities of state we are talking about? These state entities are nothing but the legislature, executive, and judiciary columns of power today. Interestingly, the constitutional law is based on the Indian Constitution, and therefore, it largely relies on the rules and guidelines of the same. 

In simpler terms, we can say that the Constitution is a document that entails the functioning of the country. It provides detailed provisions for legislation, execution, and implementation of law and governance, political setup, certain human rights for its citizens, and opportunities for developing as useful and responsible human beings. To secure peace and order, it establishes a justice dispensation system.

Constitutional law is a field of practice that includes reading the Constitution, understanding and interpreting its provisions, and applying it. It evolves through the interpretation of the Constitution by the courts through case laws or precedents. It enhances the scope and effectiveness of the Constitution.

“The freedom enjoyed in Western society under the rule of law and Constitutional government explains both the quality of its civilization and its wealth.” –Paul Johnson.

Historical evolution of the Constitution of India

The journey of creating the Constitution lies way back in the 1600s, when the East India Company came into being for the first time. This company, which came to India for trade and commerce, as we all know it, expanded its horizons. With the passage of time, the East India Company was successful in gaining political control and power over our motherland. 

With the advancement of the company’s powers, it was in the year 1765 that the company was able to establish a Diwani system. But now the question is, what was the Diwani system? So, the Diwani system was a system whereby the company got the right to collect revenues. These taxes were to be collected by the company from the provinces of all three states, namely, Orissa, Bihar, and Bengal.

With the advancement in the company’s powers, the British Crown came up with the Regulating Act and also established the Supreme Court in 1773. This Supreme Court was established in Calcutta, which today you and I refer to as Kolkata. Moreover, the Crown appointed a Governor General in Bengal to examine the company’s workings. 

Interestingly, it has been since then that the East India Company has become authoritative and passed several legislative measures. Now, you may ask why we just read through the history of the East India Company and the British Crown. The answer is simple: This helps us understand the need for the Constitution that we have today. 

This historical backdrop is essential, but do you know why? It is so because the chain of events and the challenges faced by the citizens of India then helped the Constitution makers develop the law holistically as we have it today. Moreover, the issues faced before, during, and after the inception of this important political document are essential for our understanding. These stages also represent the transformation of British India into a republic with the ideals of justice, fairness, equity, and good conscience.

British influence (1600-1765)

Let us start by dwelling into the understanding of the British in the initial years of their settling into our motherland.

It all began in 1599 when some prominent London merchants petitioned Queen Elizabeth I to incorporate a company for trade with the Indies. Between 27 July and 31 December of the same year, the East India Company was duly incorporated. This incorporation took place pursuant to the Royal Charter of 1600, duly accompanied by the Queen’s approval. 

But it is important to remember that this company was named ‘the Governor and Company of Merchants Trading Into the East Indies.’Moreover, the company so incorporated had the exclusive rights to trade within the area. For 15 years, the demarcated area fell within the boundaries of the Cape of Good Hope and the Straits of Magellan. 

The Royal Charter further empowered the company’s powers. Now, the company had the power to make by-laws and issue orders and ordinances for its proper governance. The company was formed only to transport spices from the Indies. During this period only, the three states of Bombay, Madras, and Calcutta became the company’s chief presidencies.

Charter of 1726 and the establishment of the Mayor’s Court 

The first establishment of the Mayor’s Court occurred in 1683. The Charter of 1726 set up another Mayor’s Court that derived its authority directly from the Crown. The Charter also allowed every presidency town to establish a corresponding corporation. The Charter of 1762 is a milestone since it introduced English law to India.

Beginning of the British Rule from 1765 to 1858

Since the company was already starting to establish its judicial powers, it was time to examine the British’s other powers. 

• The grant of Diwani made the company become the true master (i.e., Diwan) of the Bengal, Bihar, and Orissa provinces. By this Act, the Company was entitled to collect revenues. These taxes were collected from the three provinces. Also, they ensured Civil Justice within that area.
• After Mir Jaffar’s death in 1765, his son entered into a treaty with the Company itself. This treaty led to the transfer of the Nizamat’s functions to the company.

The Regulating Act, 1773

As we read in the introduction, with the advancement in the company’s powers, the Crown started taking over control. But how? Let us read together into the upcoming segment of our article to understand it better. 

• The British Crown passed the Regulating Act in 1773. This Act was established to regulate the political affairs of the East India Company. 
• The Company’s constitution was modified in England to improve its administration in India. The Diwani system started collecting revenues.
• The Act ensured the Control of the British parliament over the Company’s Court of Directors. They were required to present reports regarding civil, revenue, and military affairs.
• Interesting to note here that the first Governor-General of Bengal was Warren Hastings.
• Now, the Governor General of Bengal had power over the Governors of both Bombay and Madras. 
• The Governor General’s duty was to make rules and regulations for better administration. He exercised this power over all three presidencies fo
• The Governor-General exercised the right to make rules and regulations to improve the administration of the three presidencies under the Company.
• Better relations were established among the three presidencies of Bengal, Madras, and Bombay.
• The Supreme Court of Calcutta, under the Charter of 1744, further forbade the action of company officials combining into private trade or bearing native bribes.

The Act of Settlement, 1781

But the 1773 Act also had defects. So, what do you think was the British Crown’s next step in this direction? 

The Act of Settlement, 1781, was enforced to remove the imperfections of the Regulating Act of 1773. Therefore, it was based on improving on the act. The Act of Settlement made the following provisions:

• To this end, the Company officials were exonerated of the implications of the Supreme Court’s jurisdiction over any act performed in their official capacities.
• Refinements and alterations in the court’s jurisdiction over Native inhabitants and company officials were recommended.
• On which laws to be applied using the powers of the Supreme Court.
• Empowered the Governor-General to set regulations for Provincial Courts and Councils.

The Pitt’s India Act, 1784

The 1781 Act did not give the Crown ownership of Indian territory, so let us read further to understand what the Crown did to obtain ownership. 

• The British Government asserted ownership of territories the company dealt with, dubbing them “the British possessions in India.”
• The company now had distinct commercial and political functions that differentiated its operations, and it established separate committees to manage these functions.
• The British Government imposed its direct supervision over Indian affairs.
• The councils of Governors were established in Bombay and Madras.

The Charter Act of 1813

However, earlier, the East India Company had a trade monopoly in the Indian subcontinent. So the following measures helped remove the monopoly- 

• East India Company’s monopoly over Indian Trade was shut down;
• Indian Trade was made open to all British subjects;
• The British Crown asserted supreme power over the Councils.

The Charter Act of 1833

Since we talked about the governor-general in the introduction of the historical perspective, let us look more closely at the 1833 Act to understand its growth. 

• Now, the Governor-General of Bengal was made the Governor-General of India;
• Crucial step towards centralization in British India;
• East India Company was turned into an administrative body.

The Charter Act of 1853

The provisions of the 1853 Charter are as mentioned below- 

• This Charter Act carried on the task of separating the legislative and executive functions of the Council of the Governor-General.
• A separate Legislative Council was created for India.
• Recruitment of all Civil Servants of the company was based on an open competition system.
• The company then transferred the Indian territories to the British Crown. This is how the East India Company’s career came to an end, and British Crown rule began in our motherland.

End of the East India Company’s rule

The Government of India Act, 1858

This act is essential to be understood as it laid down the following-

• The end of the East India Company and the replacement of the Company rule by that of the British Crown soon followed the Revolt of 1857.
• The Royal Proclamation of Queen Victoria in 1858 transferred the Government of India directly to the British Crown.
• The Secretary of State for India possessed all powers of the Crown.
• The secretary of State was to be assisted by a Council of India constituting 15 members.
• From this point, the secretary of state, who acted through the viceroy and his agents, was in charge of effectively administering Indian affairs.
• Lord Canning was made the first Viceroy of India.
• The court of Directors and Board of Control were abolished.

The Indian Council Act of 1861

• The Act provided the basic framework for Government in India;
• Legislative Councils were established in the provinces and the Centre;
• Legislative powers to Bombay and Madras provinces were restored;
• Introduced indirect elections with partial representation of people;
• Redefined and further enlarged the functions of Legislative Councils;
• Powers to discuss the Budget and to make the Executive accountable were also vested in the Legislative Council.

Morley Minto Reforms and The Indian Councils Act of 1909

The Indian Councils Act was introduced and implemented by Morley (Secretary of State) and Minto (Viceroy of the State) in 1909.

Now, let us have a look at what was included in the following reforms:

• Central Legislative Council was renamed ‘Imperial Legislative Council’.
• The number of members in the Central Legislative Council increased to 60.
•  The Legislative Councils gave the right to conduct direct elections in India.
•  The Muslim community was provided with separate communal electorates for the polls.
• It was now that India was given membership as a Viceroy’s Executive Council member.

Now, let us look at self-government in the next part of this article. 

Introduction to Self-Government

The system of self-government is one where we can see increased Indian participation in the governance of the motherland. But what is the need to study this topic in the article? The answer is simple: This system has helped evolve the nation’s political landscape. This has also directly influenced the legal viewpoint; therefore, we are studying this here. 

This system was basically the signal of the diversion of British rule and the coming up of Indian democracy. Interesting to note here that it was the Morley-Minto reforms that led to this kind of change in India’s governance. It was basically the preparation ground for the Indian Constitution. Further, avid readers do take note that the Government of India of 1935 was the one that laid down the major groundwork for drafting the Constitution.

The Government of India Act, 1919, and the Montagu-Chelmsford Report

We need to note here that the Morley-Minto Reforms failed. Now, the question in the minds of the inquisitive readers would be, why? The answer is that because of the lack of support for the Parliamentary form of Government, the demand for new reforms arose. Thus, the Government of India Act was passed in 1919, allowing an increased role for Indians in Administrative matters.

Some of the main features of the Act that we need to keep in mind are as follows:

• A Dyarchy system was introduced in the provinces where the provincial subjects were bifurcated into ‘reserved’ and ‘transferred.’
• The Governor was not responsible to the Legislative Council over the reserved subjects.
• The Bicameral Legislature was introduced at the Centre.
• A Public Service Commission was established in India.
• A necessary condition was also introduced: Three of the six members of the Viceroy’s Executive Council must be Indians.
• Extended voting rights allowed 10% of the population their right to vote.

Simon Commission, 1927

You might be aware of the Simon Commission, so let’s see what this commission was all about and why the Indian nationalists opposed it. First, let’s take a look to get a better understanding of the commission’s formation. 

The British Government appointed the Simon Commission 1927, under Stanley Baldwin, to provide a report on the workings of the Constitution of India, established by the Government of India Act, 1919. Further, in 1928, a group of 7 MPs from Britain were sent to India to study the Constitution and suggest reforms or make recommendations to the government. The Commission was composed purely of British people.

Boycott of the Simon Commission

Now it’s time we read into the reasons behind the boycott of the Commission. 

Indians resented being excluded from the Commission, so the Congress decided to boycott it at its Madras session. This was also historical since the Muslim League joined hands with the Congress in boycotting it. 

Interestingly, in the process of reeling against the Commission, there were not only protests throughout the Indian landscape but also widespread black-flag demonstrations and hartals. Moreover, furious chants of ‘Simon, go back!’ rose throughout the country. Further, in some places, the demonstrations escalated to violence, and the police officials had to resort to lathi charges to bring peace.

Now let us take a detailed look at the Report of the Commission and its impact:

• This report by the Simon Commission was finally published in the year 1930.
• The promise to the Indians was that they would be heard fully and duly.
• Further, the recommendation of this report was to dissolve Diarchy in the nation. The aim was now to establish Responsible Governments in the provincial states.
• It recommended that the separate communal electorate should not be continued.
• This led to the Government of India Act, 1935, which went on to be the basis of our current Constitution. 

The Government of India Act, 1935

Now, you might be wondering what the 1935 Act is. So, it’s time that I take you through the Act and help you understand its important features. 

• It was the bulkiest and last Constitutional Reform brought in by the British in India and the Princely States.
• Legislative authority was given to the Central and Provincial Legislatures.
• Legislative powers were now divided among the central and State Authorities. This was interestingly done by means of list creation. There are three lists: federal, state, and concurrent.
• The Act thus created a provision for the establishment of an All-India Federation encompassing British India provinces and Princely States.
• The Act also suggested a merger of British Indian provinces and Indian States into one organic unit.
• A bicameral legislature was set up.
• A Federal Court made its presence felt.
• The Indian Council was done away with.
• Accession of states to the Federal was initiated, and each ruler of such a state had to sign an ‘Instrument of Accession’ at the time of joining.
• The Act continued till the Indian Constitution came into force.

Federal Court

So what is a federal Court and who is the judicial body in such a court? Let us read to understand further. 

• Federal Court of India was established under the Government of India Act, 1935;
• Original, advisory, and appellate jurisdiction was awarded to the Federal Court;
• It comprised of one Chief Justice and 6 other judges;
• The Crown appointed judges;
• Necessary qualifications of Judges of Federal Court defined.

Cripps Mission, 1942

In 1942, Stafford Cripps headed a mission to India with Constitutional proposals. But what was the Commission all about, and what were its proposals? 

Territorial proposals put forward by the Cripps Mission:

• An elected body should be established in India for framing the Indian Constitution.
• Arrangements were made to build a firm course for Indian states to join the Constitution-making body.
• The constitution-drafting body shall consist of representatives. These representatives were supposed to be of the provincial legislature. They are to be elected by the people and also nominated by the Indian princes.

The new Constitution was to be approved by the Britishers. Moreover, the conditions attached here stated that if a province wished not to join the union, it could form its individual constitution. This allowed them to create their union. The other condition attached was that a treaty was to be negotiated between the unions and the Britishers. The treaty talked about granting and guaranteeing religious as well as racial protection to the minority communities in our motherland. 

However, it is to be remembered here that the primary goal was India’s cooperation in the Second World War. This mission was sent to put Indians on the British’s side. The Indians were not content with the mission’s propositions, so the leaders of the time rejected the proposal. 

The Cabinet Mission, 1946

The failure of the Cripps Mission led to the creation of the Cabinet Mission. Let us examine the Cabinet Mission of 1946 together.

• This Cabinet Mission Committee came to our motherland, India, on March 4, 1946. Yes, you got that right. This mission was established approximately a year before our Independence.
• Therefore, the mission’s intention was to get Indian leaders to agree on framing the Indian Constitution. The aim was also to get an Executive Council and a Constituent Assembly of India.
• British India was now proposed under this mission to constitute a new entity. This was to include the States in the Union of India as a whole.
• Furthermore, it is interesting to note that the mission suggested forming an interim government. This interim government was to consist of representatives from all the major political parties in India.

The Indian Independence Act, 1947

The beginning of independent India was signified by Pandit Jawaharlal Nehru’s famous speech, “A Tryst with Destiny.” Let us have a look at it.

• According to this Act, there were to be two independent Dominions: India and Pakistan. Further, this Act provided the partition of Punjab and Bengal.
• The Boundary Commission, as the name suggests, was to determine boundaries. These boundaries were to be formulated between the two dominion states.
• The key factor here was that the Princely States were offered a choice. They had three choices: joining the Indian Union, pledging allegiance to Pakistan, or remaining independent as a state.
• This was a Constituent Assemblies of both countries were conferred powers to frame a Constitution for their respective countries.
• So, on August 15, 1947, Lord Mountbatten announced the relinquishment of British control over both the Dominions and the provinces.

Framing of the Constitution of India

Members of the provincial assemblies set up the Constituent Assembly, which was mainly entrusted with drafting the Constitution. Dr. B.R. Ambedkar was the chairman of the Drafting Committee, which prepared the full-fledged draft of the Constitution. The Constitution was framed between December 9, 1946, and November 26, 1949.

Constituent assembly

An interesting fact is that Sh. M. N. Roy proposed the Constituent Assembly way back in 1934. However, the election for the Constituent Assembly took place only under the Cabinet Mission Plan in our motherland. But why was such an assembly required? This Assembly was constituted to write a detailed Constitution for India, which was now Independent. 

Muslim League boycotted the Constituent Assembly because they wanted a separate Constitution for Pakistan. To ensure fairness and participation of the masses, their opinion was asked regarding the amendment of the proposed draft. Linguistic minorities wanted to protect their mother tongue. “Dalits, whom Gandhiji has often referred to as Harijans, also wanted its preservation. They wanted that independent India that would have provisions related to the discontinuance of caste suppression. 

Interestingly, the Constituent Assembly came into force in 1946, one year before our motherland’s actual independence. But a question that strikes my mind now is, who was a member of this assembly? 

Thus, the Constituent Assembly was composed not only of Pandit Jawaharlal Nehru, Dr. Rajendra Prasad, but also of Sardar Vallabhbhai Patel, and Maulana Abul Kalam Azad, among others. They postponed their first meeting to December 9, 1946 and began drafting the law which would govern an independent people.

Committees under the Constituent Assembly

Avid readers may recall that there were twenty-two Committees in the Constituent Assembly. Moreover, the Committees were divided into three general categories: Procedural, Substantive, and Drafting Committees for better drafting of the Constitution.

You may really want to know what the functions of these committees are. To say it in a single sentence, the function of the Procedural Committees was to deal with the functions of the Constituent Assembly. Whereas the Substantive Committee was responsible for the structure and constituent elements of the Constitution, and the Drafting Committee was appointed to prepare the final draft of the Constitution. Among all, the Drafting Committee was important. Let us have a detailed look into these Committees now. 

Procedural committees

It’s time we begin with the procedural Committee. Following are the procedural affairs committees focussing on various tasks including language translation, finance, press, rules and procedures etc.

• House Committee: It is interesting to note that B. Pattabhi Sitaramayya was the Chairman of the House Committee. It looked after not only the accommodation but also other amenities for the members of the Constituent Assembly.  Moreover, it worked on maintaining discipline and decorum inside the assembly hall.
• Hindi Translation Committee: It was formed by N.G. Ranga and it worked on translations from English to Hindi language. The proceedings and documents of the Constituent Assembly were to be translated into Hindi.
• Urdu Translation Committee: As the name suggests, this Committee was in charge of translating the proceedings and documents of the Constituent Assembly from English into Urdu. It was formed under the able guidance of Bakshi Tek Chand.
• Finance and Staff Committee: Dr. Rajendra Prasad was the chairman of this committee, which dealt with finances and staff for the Constituent Assembly and all its committees.
• Press Gallery Committee: Usha Nath Sen was the chairperson of the committee, which was responsible for the admission and conduct of journalists and worked with reporters in the Assembly press gallery.
• Steering Committee: It was chaired by Dr. Rajendra Prasad. Its work was to supervise the general business of the Constituent Assembly. Moreover, it also helped in laying down the agenda for every session of the assembly well in time.
• Rules of Procedure Committee: Dr. Rajendra Prasad also chaired this committee. It helped frame the rules and regulations that would govern the proceedings and workings of the Constituent Assembly and committees.
• Committee on Effect of 1947 Indian Independence Act: Alladi Krishnaswami Ayyar was to chair the Committee considered the effects of the Indian Independence Act of 1947, which actually offered independence to India and Pakistan from the British crown.
• Orders of Business Committee: K.M. Munshi chaired this committee, which impacted the order of business for each session of the Constituent Assembly.
• Credentials Committee: This was also chaired by Alladi Krishnaswami Ayyar. The task of this committee was to check the credentials of the Constituent Assembly members and report on the opening of any vacancies or changes in the membership.

Substantive committees

Now, let us have a look at the Substantive committees and their functions. 

• Pandit Jawaharlal Nehru presided over the Union Powers Committee, which defined the functions and powers of the central government in relation to the states and provinces of independent India.
• Pandit Jawaharlal Nehru also headed the Union Constitution Committee. Interestingly, this was the committee that took up the drafting of provisions related to the organization and functioning of the central government. It worked on drafting provisions of the President, Modern Prime Minister, Parliament, Judiciary, etc.
• The States Committee was also headed by Pandit Jawaharlal Nehru. This committee’s main responsibility was to draft provisions related to princely states regarding their admission, integration, and administration into the Indian Union.
• Sardar Vallabhbhai Patel chaired the Provincial Constitution Committees. Just like the Union Constitution Committee this committee was also assigned the task of drafting provisions regarding the organisation and powers. However, these were related to state governments, governors, chief ministers, legislatures, High Courts, etc.
• Sardar Vallabhbhai Patel was also the one who chaired the Advisory Committee. This advisory committee was for the Fundamental Rights, Minorities, and Tribal Areas. They made recommendations on fundamental rights, rights of minorities, and development programs in tribal areas in India. This committee had three subcommittees, which are as follows:
  • The Fundamental Rights Subcommittee was chaired by J.B. Kripalani. Its task was to draft a declaration of the fundamental rights to be guaranteed to all citizens of India, including equality, freedom, justice, life, personal liberty, remedies, citizenship, emergency provisions, etc.
  • The Minorities Sub-Committee, headed by H.C. Mukherjee, devised a scheme of safeguards and representation for religious, linguistic, and cultural minorities in India.
  • The North-East Frontier Tribal Areas and Assam Excluded and Partially Excluded Areas Sub-Committee was a committee under Gopinath Bardoloi’s leadership. As the name suggests, it was charged with preparing a plan for the administration and development of the tribal areas in the northeast.
• The Committee on Rules of Procedure was guided by Dr Rajendra Prasad. Interestingly, it was charged with drafting the rules for the conduct of the Parliament. They drafted the rules of the Indian Parliament regarding quorum, voting, motions, etc.
• The Special Committee, which was chaired by Alladi Krishnaswami Ayyar, was created to consider the Draft Constitution of our motherland. Its purpose was to examine the draft constitution, advise on any further amendments, and revoke it from the drafting committee.
• Dr. Rajendra Prasad headed the Ad Hoc Committee on the National Flag. It was constituted to select a national flag for independent India from among various designs and proposals.

Drafting committee 

The Drafting Committee was the most important committee of the Constituent Assembly. Sh. Satyanarayan Sinha moved a motion in the Constituent Assembly to appoint a Drafting Committee to scrutinize and suggest necessary changes to the draft Constitution of India. It is kindly noted that the Drafting Committee of the Constitution of India was constituted on August 29, 1947.

The drafting committee is composed of these seven members:

• Dr. Bhim Rao Ambedkar-Chairman
• Sh. N. Gopalaswami
• Sh. Alladi Krishnaswami Ayyar
• Sh. K.M. Munshi
• Sh. Muhammad Saadulla
• Sh. B.L. Mitter
• Sh. D.P. Khaitan

We need to remember here that Sri T.T. Krishnamachari was the one who replaced D.P. Khaitan. 

Sessions of the Constituent Assembly

The Constituent Assembly took approximately three years to complete the important task of framing the Constitution. It is interesting to note that the exact time was two years, eleven months, and seventeen days only. The assembly held eleven sessions. During this period, the assembly went through the Constitutions of Sixty countries.

First session of Constituent Assembly

The first session began with introducing Dr. Sachhidananda Sinha, the oldest member of the Constituent Assembly, to be proposed as the Chairman. This first meeting took place on 9th October 1946 under the chairmanship of Dr. Sachhidananda Sinha in the presence of two hundred and five members.

Dr. Sarvpalli Radhakrishnan explained certain basic privileges attendant upon a free India. According to him, these would encompass all kinds of privileges. These privileges could be educational, social, or economic in democratic India. Further, the view was that the imposition of cultural autonomy shall emerge on this platform. It is something that will help create a society where no one among the rich or the capable is able to be oppressive or suppress the poor’s existence. Moreover, every person shall always be proud to belong to the land as an Indian rather than belonging to a certain race, caste, or any other parameter.

Dr. Rajendra Prasad was subsequently elected the permanent chairman of the Constituent Assembly. He believed that everything Dr. Sarvpalli Radhakrishnan had proposed was in the right direction. Moreover, he emphasized that we needed to break free from all limitations, draft a model Constitution, and present it to the world. It would guarantee freedom of action, thought, belief, and worship to everyone born on this land.

Ms. Sarojini Naidu spoke about tribals, saying they will not feel the distinction of caste, creed, ancient or modern status from others. This was her vision for drafting an ideal Constitution. She continued that the Constitution should act as a guard against encroachment by the elite class over the interests of tribals, even by a hair’s breadth, to the equity and birthright of equal opportunity.

A Drafting Committee was also established under the chairmanship of Dr. B.R. Ambedkar.

Proposal of objective resolution

Pandit Jawaharlal Nehru introduced the objective resolution on December 13, 1946. This was the guiding light. Within its ambit, it envisaged the concept and the basic principles to be followed by the members of the Constituent Assembly while drafting the Indian Constitution, which later became the Preamble. 

It was Pandit Jawaharlal Nehru’s duty. The Objectives Resolution in its golden words stated, “We declare that the land of India shall henceforth be made an independent, sovereign state free from the dominion of all external rulers; free citizens will enjoy the right to justice, equality, and liberty.” It was after long deliberation, this it was passed in the Constituent Assembly on January 22, 1947.

For the following objectives, it reads:

• The nation of India is to be proclaimed as a Sovereign Republic,
• The territories that were under British rule and thereby forming British India shall now be Indian states. Moreover, they shall form the Union of such states as India,
• It will be an autonomous unit with residuary powers. Moreover, it shall exercise all governmental and administrative functions. However, with the exception of those duties that are assigned for discharge by the Union, for territories, whether present or to be determined by the Constituent Assembly.
• It stands recognized. Therefore, here, all power and authority flow from the people of the nation.
• The people of India shall be assured of economic justice and political justice. All persons are equal before the law. Equality of opportunity will exist.
• There shall be complete freedom of thought, expression, belief, faith, place of worship, vocation, association, and action, subject to law and public morality.
• Moreover, it talks about special provisions to be made for the advancement of those in need of upliftment. These include people belonging to backward classes, tribals, minorities, and depressed people.
• The integrity of the territory and the Republic to be present. In addition to this, the sovereign rights over the sea and the air are to be maintained according to the  law of the civilized nations, 
• The ancient motherland of India shall rightfully and honourably assume its place in the family of nations. Moreover, it shall advance the cause of world peace and the welfare of mankind.

In its heart, the Objective Resolution holds the vision of a prosperous motherland, i.e., India. This can be achieved by using the ancient land in an advanced way. Only then will the land of India draw attention to its rich cultural, linguistic, and ecological heritage on a global scale. Therefore, it is important that it possesses freedom from outside threats and conflicts. Moreover, along with freedom, there shall be the realization of the fullest potential of knowledge combined with curiosity. This would appear to be a little silent on the part of the growing scientific temper.

Second session of Constituent Assembly

The second session was organised between 20-25 January 1947. The session was addressed by Pandit Jawaharlal Nehru.

The Objectives Resolution proposed and discussed by Pandit Jawaharlal Nehru adopted, laying down the basic framework for the Constitution. Nehru stressed the sovereignty of the country, and the establishment of the United Nations so that different countries help each other. He rejected the divine dispensation of the king to rule each and every human.

Third session of Constituent Assembly

Moreover, the third session of the assembly was observed between 28 April and 2 May of the year 1947. Note that this session was presided and addressed by the President himself, i.e. Dr. Rajendra Prasad. In this session, our national flag was discussed at length as it is the identity of our motherland, India. To ensure the optimum functioning of the Constituent Assembly budget was discussed. Discussion regarding the draft provisions of the Constitution was also organized to give direction to the making of the Constitution.

Fourth session of Constituent Assembly

Now let us look at the fourth session which was held from 14th July to 31st July 1947. The discussion in this session included the division of powers between the Centre and States and the nature of the Indian Union. Adoption of our National flag was also done in this session. 

Upon presentation of the proposal on the flag by Jawahar Lal Nehru, it was passed to become a national symbol. Considerable discussion was going on concerning the merging of the princely states into the Union to preserve the unity of our motherland. The whole assembly sang solemnly on that occasion to express loyalty towards its future.

Fifth session of Constituent Assembly

The fifth session was held from August 14 to 30, 1947 between independence of India-August 15. The session was opened singing the verse of “Vande Mataram”. Dr. Rajendra Prasad in this session thanked the freedom fighters for their dedication and sacrifice for the society. This was the time in history when Lord Mountbatten was appointed as the Governor General of India.

Sixth session of the Constituent Assembly

In the year 1948, the sixth session of the Assembly began. The date was January 27, 1948. This was the Constituent Assembly’s first session after Nathuram Godse had assassinated Mahatma Gandhi. In reference to the loss of our non-violent leader, Mahatma Gandhi, the assembly uttered words of sorrow. Further, Dr. Rajendra Prasad conveyed his profound sadness.

The rules pertaining to non-violence and social peace were particularly importance to the assembly. Dr. B.R. Ambedkar who chaired the assembly, proceeded with the Constitution’s installation. Furthermore, it was in this session only that “Jana Gana Mana” was approved by the Constituent Assembly as the national anthem. of our motherland.

Seventh session of the Constituent Assembly

Interestingly, the Constituent Assembly met for the seventh time from November 4, 1948, to January 8, 1949. Now you might be wondering what happened in this session? So in this session, the draft Constitution was thoroughly debated and discussed. Important to note here is that this discussion was done clause by clause. 

Moreover, various alternative suggestions for different modifications were established. Further, analysis and debates also happened during the many talks that took place. About 2400 of the approximately 7653 proposed amendments were vigorously contested till October 17, 1949.

Eighth session of the Constituent Assembly

The eighth session of the Constituent Assembly took place from May 16 to June 16, 1949. Again rigorous discussion on all the Articles, clause by clause continued. Members were very enthusiastic to refine the provisions to govern independent India. More focus was on fundamental rights. 

Ninth session of the Constituent Assembly

The ninth assembly was held between 30 July and 18 September 1949. The assembly resumed its work with a clause-by-clause discussion of the Draft Constitution and proposals for further amendments and another round of debate on amendments.

The assembly settled on some of the things to be included in the Constitution, namely, the Union Judiciary, High Courts, and Hon’ble Supreme Court, by the very end of the session.

Tenth Session of the Constituent Assembly

The tenth session unfolded between 6 and 17 October 1949. This session is very important as it was here that the finalization of the Draft Constitution was discussed.

Eleventh session of the Constituent Assembly

The eleventh session, or what we can also refer to as the concluding session, was convened between 14 and 26 November 1949. This final session was where the Constitution was adopted. We should keep in mind that the Constitution, along with its Preamble, was adopted on January 26, 1950.

Moreover, 114 of the 165 days that the Constituent Assembly met were devoted to the Constitution’s drafting process. An important point to remember here is that Pandit Jawahar Lal Nehru and Sardar Vallabhbhai Patel presided over the majority of the meetings. 

An objective resolution was first posted as a reference text, and then a preamble was created. The Constituent Assembly ultimately approved it. An interesting fact to note here is that the original Constitution had 315 articles and 8 schedules.

Adoption of the Constitution of India

We have already learned that the Indian Constitution was adopted on November 26, 1949. It came into force on January 26, 1950, after nearly three years of work. The date of January 26 was based on when, in 1930, the Indian National Congress declared “Poorna Swaraj,” which signifies total independence.

So, it was a mere remembrance of the “Poorna Swaraj” declaration. The provisions relating to citizenship, elections, provisional Parliament and temporary and transitional provisions were given immediate effect from November 26, 1949. The rest of the Constitution became effective on 26 January 1950. The Constitution replaced the Government of India Act, 1935 and the Dominion of India was converted to the Republic of India. 

The Constitution declared India a Sovereign and democratic republic. Later, the words “socialist” and “Secular” and the phrase “unity and integrity of the nation” were added to the preamble by way of the Forty-Second Constitution (Amendment) Act, 1976. So far, the preamble has been amended once, in 1976.

The Constitution is a unique blend of various borrowed features from various countries and their administration. So, take a moment to read through them. 

Country/ Source	Important Borrowed Feature
United States of America (USA)	Fundamental Rights, Judicial Review, Impeachment of President and Removal of Judges of the Supreme Court and High Courts, respectively.
United Kingdom (UK)	Bicameral Parliament, Rule of Law, Writs, Cabinet System, Single Citizenship.
Australia	Concurrent List, Freedom of Trade, joint Sittings of both the houses of Parliament
Canada	Advisory jurisdiction of the Supreme Court, a Federation with a strong centre.
Ireland	Directive Principle of State Policy(DPSP), Election of President
Russia(Soviet Union, USSR)	Fundamental Duties, Social, Economic, and Political Justice
Germany	Suspension of Fundamental Rights during Emergency
Japan	Procedure established by the Law
South Africa	Amendment of the Constitution
France	Republican Character, Ideals of Liberty, Equality, and Fraternity in the Preamble

Role of Amendments to the present-day Constitution

The Indian Constitution is an ever-changing and ever-evolving document. The Constitution framer has maintained its ever-evolving character by adding Article 368. The First Amendment, 1951 added three more reasonable restrictions, viz. “Public order”, “friendly relations with foreign states”, and “incitement to an offence” to Article 19 for Article 19(1), which sets out freedom of speech and expression by amending  Article 19(2) to the freedom of speech and expression. It also added the Ninth Schedule to safeguard or protect the land reforms.

The most important Amendment- two in tone- remained to be passed and famously reflected upon the Constitution (Forty-Second Amendment Act, 1976. Remember that this Amendment is often referred to as the mini-Constitution. This Amendment added to the Preamble the words “socialist,” “secular,” and “unity and integrity of the nation.” Numerous new articles and two new schedules with the fortieth amendment followed it.

A new Part IV-A was inserted, which under Article 51A discusses eleven “Fundamental duties” to be followed by the citizens. The following Articles were added: Articles 39A, 39(f), 43A, and 48A to Part IV which discusses Directive Principles of State Policy.

Similarly, the Constitution (Forty-Fourth Amendment) Act, 1978 was also a major Amendment that was aimed at restoring the Constitution in the same status that it was in prior to the emergency of 1975. It said that Article 20 and Article 21 can never be suspended, even during an emergency.

Since the Constitution is a living document, it should also keep growing. This is the essence of Amendments in shaping our Constitution as per the dynamics of our country. Article 368 was incorporated to endure, evolve, and achieve necessary growth. Amendments also ensure that the Constitution does not become rigid or obsolete during challenges like natural calamities, political turbulence, epidemics, pandemics, disasters like tsunamis, earthquakes, etc. Amendments enhance its reliability that it fulfills the aspirations of its subjects and that it is not stagnating.

Our Constitution speaks of Social, economic, and political justice, which includes issues like education, poverty, free legal aid, and medical facilities. Amendments have facilitated such measures several times. Remember that the amendments in the Constitution act as stimuli, and therefore, they are the ones that trigger change. This, moreover, helps to restore the conditions of the nation during the most trying of times.

Conclusion

After tremendous efforts, the Indian Constitution finally came together after nearly three years of preparation. Ultimately, it was approved by the Constituent Assembly on November 26, 1949, and became the foundation of the law of the land of India. But we must remember that before the adoption, it underwent countless discussions and revisions. Even after being published in semi-final form on February 21, 1948, it had to undergo many changes. As a result of all this, the Republic of India was established on January 26, 1950.

It is important to remember that Dr. B.R. Ambedkar, the father of the Constitution, paid great attention to detail in the Constitution. The Drafting Committee reviewed in detail the Constitutions of various lands, such as the U.S.A, U.K., Canada, Ireland, and Australia. All this was done to find the most suitable provisions for India’s distinctive situation.

Today, the Constitution of India highlights the Preamble, Fundamental Rights, Fundamental Duties, and the Directive Principles of State Policy. It is a document that helps preserve the federal character along with the union’s importance and create a balance in the powers. Its salient features are Parliamentary governance, bicameral Legislature, and Independent Judiciary, which are of great importance today.

After so many years, vitality continues. Hence, to say that the builders of this Constitution indeed had a far-reaching vision would not be hyperbole. This Constitution possesses an unusual quality of flexibility, attested to by its irreconcilability to changing social scenarios and aspirations. These features support the Lefebvre transition, which is emphasized. The amendments earn a contemporary Constitution a growing status, worthiness, and prestige.

Remember that the Constitution of India is more than just a legal document. It is a living testimony to the visions and aspirations of the framers, who were born leaders. The point to be noted is that its spirit is Indian by origin, not foreign. Its philosophy is a synthesis of not only Justice and Equality but also the concept of Fraternity, synthesized with the best that world practices have to offer.

Frequently asked questions (FAQs)

When was the Constituent Assembly formed?

The Constituent Assembly was formed on December 9, 1946, after the Cabinet Mission Plan.

What is the criticism regarding the composition of the Constituent Assembly?

The Constituent Assembly was Congress-dominated, not electively constituted through a proper election. It was composed of a few stout members who were dictating the course.

Why was the Constituent Assembly formed?

The Constituent Assembly was formed to transfer power from the British Crown to the government of India. Its most important function was to undertake the historic task of framing the Constitution.

Why did Dr. B.R. Ambedkar oppose the inclusion of the word “Secular” in the Preamble?

Initially, Dr. B. R. Ambedkar didn’t favour the inclusion of the word “secular” as India has always been caste-based. The fresh partition between India and Pakistan took place, and that too on religion. So, the word “Secular” did not align with the realities of the Indian context during the 1940s.

Who is called the master architect of the Indian Constitution?

Dr. B.R. Ambedkar is the frame architect of the Constitution of India.

Which part of the Constitution has been called the “heart and soul” of the Constitution?

The “Right to Constitutional Remedies” provided in Article 32 of the Constitution has been called the “heart and soul” of the Constitution.

What was the last part of the Constitution adopted by the Constituent Assembly? 

The preamble of the Constitution was said to have been the last part adopted by the Constituent Assembly.

References

• https://www.Constitutionofindia.net/blog/this-month-in-Constitution-making-august-1947-constituent-assembly-appoints-drafting-committee/ 

• https://magazines.odisha.gov.in/Orissareview/2014/Jan/engpdf/29-31.pdf 

• https://sansad.in/ls/about/constituent-assembly 

• https://www.Constitutionofindia.net/Constitution-assembly-debates/

• https://eparlib.nic.in/bitstream/123456789/762967/1/cad_22-01-1947.pdf

• https://eparlib.nic.in/bitstream/123456789/762977/1/cad_28-04-1947.pdf

• https://www.Constitutionofindia.net/stages-of-Constitution-making/

• https://ebooks.inflibnet.ac.in/psp01/chapter/the-constituent-assembly-of-india-socio-economic-composition-ideological-moorings-and-vision/ 

• https://eoi.gov.in/eoisearch/MyPrint.php?4645?000/0001#:~:text=The%20Constitution%20was%20framed%20by,Prasad%20was%20elected%20its%20president.

• https://policyfore.org/the-list-of-the-committees-under-constitutional-assembly/

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