This article is written by Oishika Banerji and further updated by Naincy Mishra. The article provides a detailed analysis of the making of the Indian Constitution and the work involved in its formulation. It deals with the sources of the Constitution, various committees involved in its making, numerous debates and discussions and finally the salient features of the Constitution.

Introduction 

India, the largest democracy, stands proud with the lengthiest Constitution in this world comprising 448 Articles in 25 Parts and 12 Schedules. The story that exists behind the formation of the Constitution of India has a great significance in the Indian history. In 1934, the establishment of a Constituent Assembly for making the India constitution was the brainchild of Mr. M.N. Roy, a key figure in the Indian Communist movement. However, the idea gained traction when the Indian National Congress advocated for it in 1935. Though this demand was initially accepted by the British Government in 1940, the draft proposal which was sent over with Sir Stafford Cripps did not receive a warm welcome from the Muslim League. Finally, it was the Cabinet Mission that put forth the idea of the Constituent Assembly marking the beginning of the formulation of the Indian Constitution, thereby creating history. 

The supreme law of democratic India was drafted by the Indian Constituent Assembly. The Assembly precisely took two years, eleven months, and eighteen days to complete the historic duty of drafting the Indian Constitution. During this period, the Assembly held eleven sessions spread over 165 days, among which 114 days were spent solely on consideration of the Draft Constitution. Finally, the Constitution was adopted on 26th November 1949, with effect from 26th January 1950 being celebrated as the ‘Republic Day of India’. In this article, the author tries to shed light on all the significant events that led up to the framing of the Indian Constitution, considered the mother of all laws in India.

Need for the Indian Constitution 

The idea of making a constitution for India did not emerge in one day. It took several years of thinking and deliberation of the nation-makers. The leaders from the different parts of the country had their own way of reforming the society against various kinds of societal conditions that they were exposed to. They were also motivated by the various reformative ideologies that had started in the international arena, such as the idea of socialism due to the Russian revolution, the idea of ‘liberty, equality and fraternity’ from the French revolution, the practice of parliamentary democracy persisting in Britain, etc. However, rather than simply imitating these ideologies in the Indian context, the leaders questioned whether they will be suited to India considering the wide diversity of people and their different ways of lives. 

The need for making the Indian Constitution has stemmed from various historical, social, and political factors. Some of the reasons are set out as follows:-

• End of British colonial rule- India was under British colonial rule for nearly 200 years. When the national independence movement started gaining momentum, the need for a constitution became necessary to establish a new governance framework that was not dictated by the colonial powers.
• Unity in diversity- India is a vast country with diverse cultures, religions, languages, and traditions. A constitution was needed to provide a common legal framework that could accommodate this vast diversity while simultaneously ensuring unity and harmony among its people.
• Protection of fundamental rights- One of the primary objectives of the Indian Constitution was to safeguard the fundamental rights of its citizens. These rights include the right to equality, freedom of speech and expression, right to life and liberty, etc. A constitution was essential to enshrine these rights and protect them from any arbitrary encroachment by the state.
• Establishment of a democracy- India chose to be a democratic republic after gaining independence. Thus, to establish the principles of democracy, including free and fair elections, separation of powers, rule of law, and checks and balances among the branches of government, a constitution was necessary.
• Social justice and equality- It is undeniable that Indian society has always been plagued by centuries of social discrimination based on caste, gender, and religion. The constitution was aimed at promoting social justice and equality by outlawing discrimination, promoting affirmative action through reservations for marginalised communities, and ensuring equal opportunities for all citizens.
• Governance framework- The constitution provides the framework for governance by defining the structure of the government, its powers, functions, and responsibilities. It establishes the institutions of government, such as the legislature, executive, and judiciary, and delineates their roles and relationships.
• Adoption of a federal system- India opted for a federal system of government where the powers are divided between the central government and the states. The Indian Constitution delineates this division of powers between the centre and states, as well as the mechanisms for resolving any disputes between them.
• International recognition- A constitution was necessary for India to be recognized as a sovereign nation in the international community and provide a legal basis for it to enter into treaties, agreements, and diplomatic relations with other countries.
• Historical context- The struggle for independence from British rule was also a struggle for self-determination and self-governance. Drafting a constitution was a crucial step in realising the aspirations of the Indian people for freedom, equality, and justice.

In essence, the Indian Constitution was needed to lay down the foundational principles and values of the newly independent nation and to provide a roadmap for its governance, development, and progress.

Sources of the Indian Constitution

The Indian Constitution was drafted in the mid-20th century and thus, various constitutional processes as well as constitutions across the nations were taken into consideration. This is one of the reasons why various features of our constitution have been incorporated after taking inspiration from different constitutions and then modifying them to suit the conditions of Indian society. While the structural part of our Indian Constitution is largely based on the Government of India Act 1935, its philosophical, political and other parts have been derived from the constitutions of other countries.

Government of India Act, 1935 

The GOI Act 1935 was the longest and most detailed Act passed during the British regime, having 321 sections and 10 schedules. This legislation had taken its content majorly from four sources – the reports of the Simon Commission (1930), discussions and deliberations during the Third Round Table Conference (1932), the White Paper of 1933 and the reports of the Joint Select Committees. Feature taken from this Act are as follows:-

1. Division of powers – This Act provided for division of powers between the centre and units in the form of three lists – Federal list for the centre (this has taken the form of Union list presently), Provincial list for the provinces (today, this is known as the State list) and the Concurrent list (the Concurrent list is also provided under the present constitution). In the present constitution, the lists are given under the VII Schedule and the power to make laws on these subject matters is derived from Article 246.
2. Provincial autonomy – The GOI Act 1935 abolished the system of dyarchy in provinces and, in its place, introduced ‘provincial autonomy’, which meant that the provinces were permitted to act as autonomous units of administration in their defined territories. It also introduced responsible government in the provinces, where the Governor acts on the aid and advice of ministers responsible for the provincial legislature. Presently, Article 163 can be referred for this purpose.
3. Bicameralism – The Act introduced bicameralism in six out of 11 provinces, which meant there was legislative council (the upper house) as well as a legislative assembly (the lower house) in those states. Presently, in India, 6 states, namely Andhra Pradesh, Maharashtra, Karnataka, Orissa, Telangana, Bihar, and Uttar Pradesh, have bicameral legislature. The constitutional provision providing for bicameralism is Article 168.

Constitution of other countries 

The Constituent Assembly has taken various features from the Constitutions of various countries. A detailed explanation of the journey of inclusion of these features has been given in the later part of the article.

British Constitution

• Parliamentary form of government
• Rule of Law
• Legislative procedure
• Single Citizenship
• Cabinet system
• Prerogative writs
• Parliamentary privileges
• Bicameralism

US Constitution

• Fundamental rights
• Independence of the judiciary
• Judicial review
• Impeachment of the president
• Removal of the judges of Supreme Court and High Court 
• The post of Vice-President

Irish Constitution

• Directive Principles of State Policy (DPSPs)
• Nomination of members to the Rajya Sabha (Upper House)
• Method of election of the president

Canadian Constitution

• Federation with a strong Centre
• Vesting of residuary powers in the Centre
• Appointment of state governors by the Centre
• Advisory jurisdiction of the Supreme Court

Australian Constitution

• Concurrent list
• Freedom of trade, commerce and intercourse
• Joint-sitting of the two Houses of Parliament

Weimar Constitution

• Suspension of the Fundamental Rights during an emergency

Soviet Constitution

• Fundamental duties
• Ideals of justice (social, economic and political) in the Preamble

French Constitution

• Republic
• Ideals of liberty, equality and fraternity in the Preamble

South African Constitution

• Procedure for amendment in the Indian Constitution
• Election of members of Rajya Sabha

Japanese Constitution

• Procedure Established by law

Makers of the Indian Constitution

The idea of a Constituent Assembly was proposed by the Cabinet Mission, and the composition of the Assembly was accordingly made in line with the Cabinet Mission scheme. The scheme suggested a combination of elected and nominated members for the Assembly. The elections held in 1946 resulted in the Indian National Congress (INC) winning 208 seats, while the Muslim League secured 73 seats and 15 seats went to the independents. However, the decision of the Princely States to abstain from participating in the Constituent Assembly left 93 seats vacant. It is noteworthy that despite not being directly elected by the Indian people, the Constituent Assembly included representatives from various segments of society, including Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Indian Christians, SCs/STs, backward classes, and women from all these communities.

Structure

The structure of the Constituent Assembly was:

1. 292 members who were elected through the Provincial Legislative Assemblies (PLAs);
2. The Indian Princely States were represented by 93 members; and
3. The Chief Commissioners’ Provinces were represented by 4 members.

Thus, accordingly, the total membership of the Constituent Assembly was intended to be 389. However, the implementation of the Mountbatten Plan on June 3, 1947, resulted in the partition of India, leading to the creation of a separate Constituent Assembly for the newly formed Pakistan. This meant that representatives from certain provinces could no longer be part of the Indian Constituent Assembly, resulting in a reduction of the membership to 299 members.

Criticism surrounding the Constituent Assembly

There were several criticisms that the Constituent Assembly had to face during its existence, which have been listed hereunder;

1. The Constituent Assembly was a time-consuming effort: While drawing a comparison with the framers of the American Constitution (1789), the critics stated that the makers of the Indian Constitution had taken a longer time period than what should have been taken. 
2. The Constituent Assembly was neither a representative body nor a sovereign one: The critics pointed out that the Assembly could not be called a representative body as the members were not elected by means of ‘Universal Adult Franchise’ (UAF) and as the roots of the formation of the Assembly lie with the British Government, the body was not a sovereign one. 
3. The Constituent Assembly was dominated by members of the Congress Party: A British-Constitutional expert recognized by the name of Granville Austin pointed out that the Constituent Assembly of India was a one-party body, thereby charging the Assembly to be governed only by the members of the Congress.
4. The Constituent Assembly was a Hindu-dominated body: Critics had majorly pointed out that the Constituent Assembly represented only the Hindus of the nation, leaving behind the rest of the religions. 

Working of the Constituent Assembly

On December 9, 1946, the Constituent Assembly convened for the first time at the Constitution Hall of the Indian Parliament in New Delhi. The front row of the Hall boasted notable figures such as Pt. Jawaharlal Nehru, Maulana Abul Kalam Azad, Sardar Vallabhbhai Patel, Acharya J.B. Kripalani, Dr. Rajendra Prasad, Smt. Sarojini Naidu, Shri Hare-Krushna Mahatab, Pandit Govind Ballabh Pant, Dr. B.R. Ambedkar, Shri Sarat Chandra Bose, Shri C. Rajagopalachari and Shri M. Asaf Ali. The auspicious occasion significantly noticed the absence of the Muslim League as they wanted a separate nation for the Muslims. Dr. Sachchidananda Sinha, the oldest member of the Constituent Assembly, assumed the temporary chairmanship of the meeting, which was attended by 211 members. Subsequently, Dr. Rajendra Prasad was elected as the President of the Constituent Assembly. Following this, H.C. Mukherjee and V.T. Krishnamachari were elected as Vice-Presidents, thus establishing two Vice-Presidents for the Assembly.

The working of the Constituent Assembly proceeded on the basis of the Objective Resolution that was laid before the Assembly on 13th December 1946, by Pandit Jawaharlal Nehru and was adopted by the Constituent Assembly on the date of 22 January 1947. The Objective Resolution listed eight principles that were the guiding light for framing the constitutional structure of India with fundamental elements of independence, and sovereignty. The foremost aspect affirmed by the said Resolution was that the government’s authority would come from the nation’s people. This ensured justice (socio-economic and political), equality before the law and various freedoms for the citizens. Moreover, to eliminate the prolonged discrimination that prevailed in Indian society, the Resolution also provided for adequate protection to individuals belonging to the backward classes, tribal areas, and minority groups. Further, with an aim to uphold global peace and promote human welfare, the Objective Resolution advocated for safeguarding the sovereignty and integrity of the nation at all costs. The Indian Independence Act, 1947, introduced some important changes in the working of the Constituent Assembly and they are worth mentioning here for the purposes of our discussion:- 

1. The Assembly became a fully functioning sovereign body, and by means of the Act of 1947, any law made under the umbrella of the British Parliament with regards to India could be scrapped, altered, or modified. 
2. The Assembly was majorly vested with two functions;

1. Make a Constitution for the free nation; and
2. Enacting laws for the country and its people to be governed by.

3. The total strength of the Assembly was fixed at 299, which was inclusive of the strength of the 

• Indian provinces (229), and 
• Princely States (70). 

The Assembly functioned in many other ways beyond enacting laws and framing the Indian Constitution, such as; 

1. Adoption of the national flag, national song, and national anthem on 22nd July 1947, and 24th January 1950 respectively. 
2. In May 1949, the Assembly had ratified India’s membership of the Commonwealth.
3. The Assembly on 24th January 1950, elected Dr. Rajendra Prasad as its first President. 

Finally, it was on 29 August 1947, a Drafting Committee under the chairmanship of Dr. B.R. Ambedkar was formulated by the Constituent Assembly to prepare a Draft Constitution for India. Repeated debates, discussions, arguments, scrapping of clauses, and addition of clauses took place whenever the Committee used to meet and all were worth it when the Constitution of India was adopted by the country on 26 November, 1949 with 284 members signing the same. After that, the Assembly ceased to exist from the 26th day of January, 1950 when the Constitution began to be applicable and a new Parliament was formed in 1952. 

Committees of the Constituent Assembly

To avoid any kind of mismanagement and take into account the load of work to be dusted off, the Constituent Assembly formulated different committees working in specific areas of constitution-making. 

Major committees

There were eight major committees, namely;

1. The Union Powers Committee – presided over by Pandit Jawaharlal Nehru. This committee was given the responsibility to define the subjects over which the Union executive and legislature has power. 
2. The Union Constitution Committee – presided over by Pandit Jawaharlal Nehru. It was made to write the Constitution of India.
3. The Provincial Constitution Committee – presided over by Sardar Vallabhbhai Patel. This committee was set up to discuss and provide for a model Provincial Constitution, which would determine the system and form of government at the provincial level. 
4. Drafting Committee – presided over by Dr. B.R. Ambedkar. It was entrusted with the responsibility of drafting a new constitution for India based on the reports submitted by the other committees of the constituent assembly.
5. Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas – presided over by Sardar Vallabhhai Patel. This Committee had the following five sub-committees:

• Fundamental Rights Sub-Committee with J.B. Kripalani as the Chairman.
• Minorities Sub-Committee with H.C. Mukherjee as the Chairman.
• North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee with Gopinath Bardoloi as the Chairman.
• Excluded and Partially Excluded Areas (Other than those in Assam) Sub-Committee with A.V. Thakkar as the Chairman.
• North-West Frontier Tribal Areas Sub-Committee.

6. Rules of Procedure Committee – presided over by Dr. Rajendra Prasad. The committee was responsible for framing all the rules of the Constituent Assembly, including those for admission and resignation of members, conduct of business in the Assembly and its various committees, and fixing salaries and allowances of all persons involved in the Assembly’s functioning.
7. States Committee (Committee for Negotiating with States) – presided over by Pandit Jawaharlal Nehru.
8. The Steering Committee – presided over by Dr. Rajendra Prasad.

Minor committees

The remaining 13 committees were considered minor committees:-

1. Finance and Staff Committee – chaired by Dr. Rajendra Prasad.
2. Credentials Committee – chaired by Alladi Krishnaswami Ayyar.
3. House Committee – chaired by B. Pattabhi Sitaramayya.
4. Order of Business Committee – Dr. K.M. Munshi.
5. Ad-hoc Committee on the National Flag – chaired by Dr. Rajendra Prasad.
6. Committee on the Functions of the Constituent Assembly – chaired by G.V. Mavlankar.
7. Ad-hoc Committee on the Supreme Court – chaired by S. Varadachari (Note: He was not a member of the Assembly).
8. Committee on Provinces of the Chief Commissioners – chaired by B. Pattabhi Sitaramayya.
9. Expert Committee to Examine the Draft Constitution – chaired by Nalini Ranjan Sarkar (Note: He was not a member of the Assembly).
10. Linguistic Provinces Commission – chaired by S.K. Dhar (Note: He was not a member of the Assembly).
11. Special Committee to Examine the Draft Constitution – chaired by Jawaharlal Nehru
12. Press Gallery Committee – chaired by Usha Nath Sen
13. Ad-hoc Committee on Citizenship – S. Varadachari (Note: He was not a member of the Assembly).  

The Drafting Committee of the Constituent Assembly 

Among all the committees mentioned above, a special mention of the Drafting Committee headed by Dr. B.R. Ambedkar is required. Set up on 29th August 1947, the Drafting Committee was vested with the main task of drafting the Constitution of India after taking into account proposals from different committees. This Committee comprised seven members of the Assembly namely;

1. Dr. B. R Ambedkar as the Chairman of the Committee;
2. Dr. K M Munshi
3. Syed Mohammad Saadullah
4. N Madhava Rau (Note: He replaced B.L. Mitter, who had resigned due to ill health)
5. N Gopalaswamy Ayyangar
6. Alladi Krishnaswamy Ayyar
7. T T Krishnamachari (Note: He replaced D.P. Khaitan, who died in 1948)

The Committee took a period of not beyond six months to prepare its first draft (published in February 1948), which was subjected to changes by suggestions, public comments, and various criticisms, and thereafter the second draft was released in October 1948. 

Women and the Constituent Assembly

One notable aspect of the Constituent Assembly was the significant involvement of women in shaping the Indian Constitution. Among its members were 15 women who made valuable contributions to the formation of independent India’s Constitution in their own ways. The distinctive contributions of each of these 15 individuals have been given as follows:- 

1. Shrimati Ammu Swaminathan asserted that the foundation of the Indian Constitution lies upon two robust pillars: the Fundamental Rights and the Directive Principles of State Policy. She expressed the opinion that the Constitution, being highly extensive and bulky, contained numerous minute details that are better suited to be handled by the Government and the Legislature, rather than within its text.
2. Shrimati Annie Mascarene had noteworthy perspectives on the provincial elections. Her tribute to Sardar Patel for his role in unifying India also received applause in the Assembly.
3. Begum Aizaz Rasul expressed the view that the Ministry, being a stable body, should not be subject to the whims and fancies of any specific party or the legislature to which it was accountable. Additionally, her acknowledgement of the commendable efforts by Dr. B. R. Ambedkar in safeguarding minority rights during the drafting of the Indian Constitution is also noteworthy.
4. Shrimati Dakshayani Velayudan, representing the Madras Constituency, consistently voiced her concerns about the welfare of the Harijan community in the Assembly. She staunchly opposed the idea of a separate electorate for them and condemned forced labour and the practice of untouchability in a majority of her speeches.
5. Shrimati G. Durgabai advocated for the appointment of Judges of the Provincial High Courts, arguing that this responsibility should solely rest with the Governor and his council of Ministers. Additionally, her views on the prohibition of the Devadasi system, the protection of children from exploitation, and the necessity of limitations on individual freedoms were also commendable.
6. Shrimati Hansa Mehta emphasised the critical importance of ensuring social, economic, and political justice for women in India, considering the long-standing oppression they have faced in the country. 
7. Shrimati Purnima Banerji put forth her perspective on the State’s control over religious instruction in schools, advocating for a balanced approach. She also emphasised that ‘secularism’ in its true sense could only be attained when the citizens of the nation are united.
8. Shrimati Renuka Ray belonging to the West Bengal Constituency, focused majorly on equality of status and justice for women.
9. Shrimati Sarojini Naidu had sought an inclusive Constituent Assembly of India.
10. Shrimati Sucheta Kripalani had uplifted the environment of the Constituent Assembly by singing the verses of the national song and the national anthem of India.
11. Shrimati Vijayalakshmi Pandit aimed for the centrality of new Asia in the Post-Raj World Order.
12. Rajkumari Amrit Kaur was the first woman of independent India to join the Cabinet as the Health Minister. She founded the Indian Council for Child Welfare, followed by the All India Institute of Medical Sciences (AIIMS) and Lady Irwin College in Delhi.
13. Shrimati Malati Chowdhury laid emphasis on the role of education in the growth and development of a nation. 
14. Shrimati Leela Ray played a significant role in both pre and post-independent India. She is responsible for founding the Jatiya Mahila Sanghati and Dacca Mahila Satyagraha Sangha, which worked towards women’s empowerment and the anti-salt tax movement, respectively.
15. Shrimati Kamla Chaudhri significantly worked towards women’s education and empowerment. 

Debates and discussions 

The discussions and deliberations of the Constituent Assembly on various provisions of the constitution provide an interesting insight into the mental processes of the persons who were entrusted with the task of drafting the Indian Constitution. 

Union of states

A unique question that arose amongst the makers was whether the future state of India should be described as a Union or a Federation. It is important to note that throughout the independence journey of the country, the INC has always laid emphasis on the unity and integrity of India with a strong centre. For once, the leaders accepted the Cabinet Mission Plan, which suggested a weak central government with the aim of securing the cooperation of the Muslim League; however, due to partition, the acceptance was anyway non-fruitful. Thus, while the Assembly was initially inclined to describe the future of India as a Federation, the final view was in favour of the word ‘Union’. Dr. Ambedkar opined that this was done to clarify that (i) the Indian Union is not the result of any agreement among the states and (ii) the component states have no freedom to secede from it.

Power to admit/establish new states 

With respect to the power of the central government to admit new states into the Union or to establish new states, it was the West Bengal Legislative Assembly that expressed the view that no state legislature could be expected to agree to any proposal that affected its areas adversely. Thus, it was suggested that placing a restriction (obtaining the consent of the state whose boundary was to be affected) on the introduction of a bill would not be desirable. Thus, Article 3 has taken the form in which it is placed today. Importantly, Section 290 of the GOI Act 1935 is the predecessor of this provision, wherein the British government was empowered to alter the provincial boundaries in British India.

Fundamental rights

While the Cabinet Mission Plan of 1946 provided for the setting up of an Advisory Committee for reporting on fundamental rights, it was in the 1947 Objective Resolution that the Assembly solemnly pledged itself to draft an Indian constitution guaranteeing and securing the various rights and freedoms. With respect to Article 14, B.N. Rau pointed out in his explanatory note that the first part of Article 14, mentioning “equality before the law,” was adopted from the Weimar constitution but its scope was widened to apply to the citizens as well. And the second part relating to “equal protection of the law” was based upon the 14th Amendment to the US Constitution.

Article 15 was, again, moved after prolonged discussion and various amendments. Importantly, clause 3 of the provision was inserted after B.N. Rau had a discussion with Justice Frankfurt in Washington, who emphasised that legal provisions might occasionally be made for women, e.g., to prohibit their employment for specific periods before and after childbirth. With respect to Article 17, it was suggested that with the word ‘untouchability’, the word ‘unapproachability’ should be added, but the suggestion was not accepted. Interestingly, Article 17 in its present form was accepted amidst the shouts of ‘Mahatma Gandhi ki Jai’ in the Assembly. 

For Article 19, it is important to note that presently it does not expressly contain freedom to press. However, in the initial draft of the provision prepared by Munshi and Ambedkar, there was express reference to freedom of press, right to secrecy of correspondence, right to reside and settle in any part of the country, right to acquire property, etc. More importantly, in a letter addressed to B.N. Rau, Mr. Alladi K. Ayyar urged that fundamental rights must be subjected to public order, security and safety. Ayyar also opposed the right to secrecy of correspondence on the grounds that it would have serious effect on the provisions of the Indian Evidence Act, 1872 and would further give all private correspondence the rank of a state paper. He was of the view that the provisions of the Indian Post Office Act, 1898 were quite adequate. In fact, apprehensions were also raised by members of the north-east region and other tribal areas that the right to acquire property might be taken undue advantage of by some persons to the detriment of the tribal people. 

It is worth noting that while dealing with the criticism that there were so many exceptions in the draft Article, Dr. Ambedkar referred to the decision of the US Supreme Court in the case of Gitlow v. New York (1925), wherein it was held that the freedom of speech and the Press does not lead to conferring an absolute right to speak or publish whatever one may choose without responsibility, nor does it give an unrestricted and unbridled licence providing immunity for every possible use of language and preventing the punishment of those abusing this freedom. 

Thakur Das Bhargava had suggested the insertion of the word ‘reasonable’ before the word ‘restriction’ in order to “put the soul in an otherwise lifeless article”. According to him, this would prevent the executive and the legislature from playing with the people’s rights and would empower the courts of the country to determine whether a particular Act was in the public interest and whether the restrictions that are imposed were reasonable. As evident today, this suggestion was accepted by Ambedkar.  

Munshi’s draft with respect to the present Article 21 stated that no person shall be deprived of his life, liberty or property without ‘due process of law’. Pannikar urged that the right to life and liberty should be treated as an absolutely sacred subject only to public order and tranquillity. The right to property should be granted, subject to legislation. This suggestion was supported by Munshi, Ambedkar and Rajagopalachari, and the word ‘property’ was accordingly deleted. The word ‘personal’ was added to the word ‘liberty’ as it was felt that ‘liberty’ could be construed widely so as to cover liberty of contract, among other things. 

In the provision, there was considerable controversy with respect to the term ‘due process’. Generally, this expression was understood in terms of its interpretation by the US Supreme Court. In the last analysis, the words ‘due process’ meant what the courts said they meant. In a discussion with B.N. Rau with Justice Frankfurt during Rau’s US visit, he was told that the power of review implied in the ‘due process’ clause – (i) was undemocratic as it provided the power of vetoing legislation to a few judges, and (ii) it also attempted to threw an unfair burden on the judiciary. Thereafter, the drafting committee replaced the expression ‘without due process of law’ with ‘except according to procedure established by law’. These words were borrowed from Article 31 of the Japanese constitution. 

During discussion of Article 25 to 28 concerning freedom of religion, reference was given to the judgement of Justice Latham of Australia in Jevovah’s Witnesses case given in the context of Article 160 of the Australian constitution wherein it was stated that at all times in human history, there have been religions having sanctioned practices regarded by a large number of people as essentially evil and wicked. The result was that providing complete protection to all religious beliefs might lead to the disappearance of organised society. Ayyar was, hence, of the view that a rider should be added that nothing in the provision would prevent the state from undertaking any measure of social reform.    

With respect to Article 32 providing for writs, K.M. Munshi was of the view that if they were not given in the new constitution of the country, then people would be subjecting themselves to the loss of their valuable rights before the constitutionality of a government Act was tested in a suit after years of litigation. Thus, without an expeditious machinery of enforcement, the Union and State governments might probably lapse into a programme very detrimental to our freedom. 

Directive Principles of State Policy

The view that certain rights should be incorporated in the constitution which were to be non-justiciable had supporters such as Sapru and B.N. Rau as well as critics such as T.T. Krishnamachari and Munshi. The assembly had the 1937 Irish constitution before it, which made a distinction between fundamental rights and the directive principles of social policy. In our constituent assembly, those who wanted the directive principles to be justiciable insisted that there must be a time limit within which all directive principles must become justiciable; otherwise, they would be no more than pious sentiments and wishes and so much window dressing for the social revolution. Finally, the principles were incorporated with considerable support. Ambedkar said in his speech that though these principles had no legal force behind them, he was not prepared to admit that they had no sort of binding force, nor were they simply useless because of them being non-justiciable in nature.

Form of government

It was deep in the makers’ minds that the future Indian government should be a democratic type of government. They deliberated over three existing models — the American Presidential system, the British Cabinet government, and the Swiss elected executive. Eventually, they opted for a modified version of the British Cabinet system. This decision included the appointment of a President as the constitutional head of state, elected indirectly for a five-year term. The choice of the British system was also influenced by India’s prolonged association with Britain. Munshi expressed the view that a parliamentary system yields a more robust government as the members of the legislature and executive overlap and the heads of government exert control over the legislature.

Enactment and enforcement of the Indian Constitution

The Constitution was adopted on November 26, 1949, containing a Preamble, 395 Articles, and 8 Schedules after three sets of readings of the Draft that was prepared by the Drafting Committee, and published in October 1948. The motion on Draft Constitution was declared to be passed on November 26, 1949, thereby receiving the signatures of the members along with the President. This day is famously known as the ‘Law Day’ or the ‘Constitution Day’. It is to be noted that the Preamble succeeded the Constitution in enactment. Among the 395 Articles, some of the Articles like Articles 5 to 9, Articles 379, 392, and 393, came into force on 26th November, 1949 itself. The rest of the Articles were enforced on Republic Day, which is 26th January 1950. As the Constitution of India commenced, the Indian Independence Act, 1947, and the Government of India Act, 1935, ceased to exist. At present, our Constitution is decorated with 448 Articles, 25 Parts, and 12 Schedules. 

Key features of the Constitution

Modern constitution

Since the Indian Constitution was drafted in the mid-20th century, the makers had the advantage of taking into cognizance the various constitutional processes as well as several constitutions across various countries of the world. This is one of the reasons why various features of our constitution have been incorporated after taking inspiration from different constitutions and then modifying them to suit the conditions of Indian society. While largely the structural part of our Indian Constitution is based on the GOI Act 1935, its philosophical, political and other parts have been derived from the constitutions of other countries, as already discussed above. 

Lengthiest written constitution

The Indian Constitution is the lengthiest written constitution in the world, giving comprehensive details on its provisions. The elephant size of the constitution is owing to several reasons, such as –

• Geographical factors – India is the seventh largest country in the world and it consists of people of very diverse socio-religious backgrounds. To remove mutual distrust among them, the makers felt it necessary to include detailed provisions on fundamental rights and safeguards for minorities, SCs, STs, and other backward classes. 
• Historical factors – The GOI Act 1935, on which our constitution is based, is itself very bulky. The inclusion of newer provisions has added to its bulkiness.
• Organisation and structure of centre as well as states – The constitution deals with the organisation and structure of the Central government as well as the state governments. It has detailed norms with respect to the centre-state relationship, the principle of collective responsibility of the government, parliamentary procedure, etc.
• The dominance of legal luminaries in the Constituent Assembly – This also contributed to the detailing of the provisions in the constitution.

Blend of rigidity and flexibility

Like any other constitution in the world, the Indian Constitution also provides for an amending power to the Parliament so that it can adjust itself according to the changing needs and circumstances of society and the nation. This amending power has been provided under Article 368 of the Indian Constitution, which includes amendment by way of addition, variation or repealing any provision of the constitution as per the established procedure for the same. Since its adoption in 1950, the Indian Constitution has undergone several amendments every now and then. 

Preamble

To clarify, regarding the makers of the constitution, the sources of the constitution, the ultimate sanction behind it and its goals and objectives, a ‘Preamble’ has been added to the constitution. It contains the enacting clause that brought the constitution into force and declares the rights and freedoms intended to be secured for the citizens. It also declares the basic type of government and polity (“Sovereign Socialist Secular Democratic Republic”) that is sought to be established in the country. 

In Kesavananda Bharati v. State of Kerala (1973), it was laid down that the Preamble is a part of the Constitution and the Constitution must be read and interpreted in light of the grand and noble vision expressed in the Preamble. 

Socialist State

While initially the word ‘socialist’ wasn’t in the constitution, it was added to the Preamble by the 42nd Constitutional Amendment Act of 1976, and thus, India’s commitment to this ideal has been made explicit. It is important to note that the meaning of socialism in the Indian context is far from the insistence on state ownership as a matter of policy. India has always favoured a mixed economy where both the public and private sectors co-exist side by side. The Supreme Court of India has used this concept along with the DPSP to assess and evaluate economic legislation. According to the Supreme Court in DS Nakara v. UOI (1983), the principal aim of socialism is to eliminate inequality of income, status and standards of life, and to provide a decent standard of life to working people. 

Welfare state

Imbibed with a modern outlook to a large extent, the Indian Constitution embodies a distinct governmental philosophy, clearly declaring that India will be organised as a social welfare state. A welfare state is a state that renders social service to the people and promotes their general welfare. The idea of India as a welfare state can be evidently observed in the constitutional Preamble as well. In fact, to strengthen this concept, the makers have incorporated the DPSPs, which lay down the economic, social and political goals of the Indian constitutional system. While these DPSPs are of non-justiciable nature, the government is obliged to achieve and maximise social welfare and basic social values such as employment, health, education, employment, etc.

Secular state

India is a multi-religious country and thus, to prevent prejudice and ensure non-discrimination to any group on behalf of its religion, India fosters the concept of secularism. While the concept always existed in Indian constitutional jurisprudence, it was made explicit by the 42nd Constitutional Amendment Act (1976), which added the word ‘secular’ to the Preamble. Ensuring secularism by the state means that the state does not declare, recognize, favour or identify itself with any official religion; rather, it treats all religions equally. Moreover, the state guarantees several fundamental rights in the form of freedom of worship and religion while also outlawing any discrimination on the grounds of religion. It is worth noting that, as per the Kesavananda Bharati case, secularism is a basic feature of the constitution. 

Responsible government

To strengthen the idea of a democratic state, the Indian Constitution seeks to establish a parliamentary form of government at both national and state levels. In a parliamentary form of government, the executive is responsible for an elected legislature. The demand for a responsible government has been made by the Congress since the beginning of the 20th century and the term finally appeared for the first time in the Government of India Act 1919 (also known as the Montague-Chelmsford Reforms Act). However, at that time, the concept was understood more in terms of a larger representation in the government by the people of India. 

The parliamentary form of government in India at the centre level means the executive power, though formally vested in the President, is in effect exercised by the Council of Ministers headed by the Prime Minister and responsible for the Lok Sabha. An almost similar pattern is applicable to the states.

Fundamental rights

One of the quintessential features of the Indian constitution is that it guarantees to the people certain basic human rights and freedoms, for example, equality of law and equal protection of laws; the right against discrimination, untouchability or exploitation; freedom of speech and expression; worship and religion; assembly and association; trade or business; etc.; the right against double jeopardy and ex post facto laws. These are inalienable-justiciable rights, however, with certain reasonable restrictions in the interests of social control. They are provided in Part III of the constitution, specifically from Article 12 to Article 35. Moreover, the constitution provides an effective machinery for the enforcement of these rights under Article 32 (writ jurisdiction of the Supreme Court) and Article 226 (writ jurisdiction of the High Courts). 

With respect to fundamental rights, the Supreme Court has been of the view that they should be interpreted broadly and liberally and not narrowly. This is evident in the approach of the Hon’ble Apex Court, as it has come up with a wide range of new rights, such as the right to privacy, the right to have a partner of one’s choice, etc., within the ambit of the fundamental rights given in Part III of the Constitution.

Directive Principles of State Policy

Ascribed by Dr. BR Ambedkar as the “novel feature of the Indian Constitution,” the Directive Principles of State Policy (DPSPs) are a set of principles incorporated in the constitution with a view to achieving amelioration of the socio-economic conditions of the people. This has come out in consonance with the idea of perceiving India as a welfare state and it is obligatory for the state authorities to apply them in their law-making. The DPSPs are enshrined in Part IV of the Constitution (Article 36-51). Since they are non-justiciable in nature, they can’t be enforced in a court of law for their violation. In the case of Minerva Mills v. Union of India (1980), it was held that the Indian Constitution is founded on the bedrock of the balance between the DPSPs and the fundamental rights.

Fundamental duties

Just like there are moral obligations on the State to act according to the DPSPs, the constitution also provides for certain duties to be followed by the citizens of the country in order to serve as a reminder that the enjoyment of their rights goes hand in hand with the consciousness of the duties that the citizens owe to the country, society as well as the fellow-citizens. While the fundamental duties were not initially in the constitution, they were added by the 42nd Constitutional Amendment Act (1976) in the form of Article 51A under Part IVA. In toto, there are eleven fundamental duties of the citizens, such as abiding to the constitution and respecting its ideals and institutions, cherishing the ideals that inspired our national freedom struggle, upholding the sovereignty, unity and integrity of the country, etc.

Elections

India takes pride in adopting Universal Adult Suffrage (UAS) as the basis of electing representatives to the Lok Sabha and the state legislative assemblies. Adopting UAS was in itself a bold step on the part of the constitution makers, as India was a country with a largely illiterate population and introducing any property-based or educational qualification would have deprived them of the basic democratic principles. 

To ensure free, fair and impartial elections, the constitution also provides for an autonomous Election Commission (Article 324) to supervise and conduct elections to the Parliament and the State Legislatures. 

Integrated and independent Judiciary

A well-ordered and well-regulated judicial machinery is another key feature of the country, wherein the Supreme Court is at the apex, below it are the high courts at the state levels, and lastly, the subordinate courts, i.e., district courts and other lower courts. Unlike in the USA, where a dual system of courts exists, India has a single unified judiciary exercising jurisdiction over all the matters that arise under any law, whether enacted by the Parliament or the state legislatures. The most important role of the judiciary is to protect the fundamental rights of the people from any undue encroachment. The Supreme Court itself is regarded as the “guardian of the fundamental rights of the people.”

Some provisions to ensure the independence of the judiciary are as follows – security of the judges’ tenures, fixed service conditions, prohibition with respect to the discussion on their conduct in the legislatures, contempt power, separation of the executive from judiciary, etc.

It is worth noting that initially, a Supreme Court was set up by the Regulating Act of 1773 in Calcutta. Further, two Supreme Courts were set up at Madras and Bombay in 1800 and 1823, respectively. However, the India High Courts Act 1861, which was enacted to create High Courts for various provinces abolished all three Supreme Courts as well as the Sadar Adalats in Presidency towns. Subsequently, the Federal Court of India was created under the GOI Act 1935, which had the jurisdiction to work out the disputes between provinces and federal states and hear appeals against the judgments from the High Courts. Finally, the Supreme Court of India, as it is in its present form, came into existence on 26 January 1950, when the Indian Constitution came into force. 

Federal system with unitary bias

The Indian Constitution establishes a dual polity, i.e., a two-tier government system with the central government at one level and the state government at another. Under this, the constitution provides for the division of powers, the supremacy of a written constitution, independent judiciary and bicameralism. However, within the federal framework, the constitution also provides for some provisions with respect to centralisation, which means, that the central government owns a larger domain of action and thus plays a more powerful role than the states. Some unitary or non-federal features of the constitution are as follows – a single constitution provisioning for single citizenship, an independent judiciary, all India services, the appointment of the state governors by the centre, emergency provisions, etc. Due to these reasons, Prof. KC Wheare describes India as a ‘quasi-federal state’ that is federal in form but unitary in spirit.

It is worth noting that instead of the word ‘federation’, the makers have used the word ‘union of states’ under Article 1 of the constitution to indicate that (i) the Indian Union is not the result of any agreement among the states and (ii) the component states have no freedom to secede from it.     

Single citizenship

One of the main unitary features of the Indian Constitution is that it provides for only a single citizenship, unlike in countries such as the USA, where each person is a citizen of the USA as well as of the state to which he belongs. In India, on the other hand, all the citizens enjoy the same political and civil rights with respect to citizenship all across the country, regardless of the very state where they were born or are residing. Part II (Article 5-11) of the Constitution has provisions related to the citizenship of India. Moreover, detailed provisions have been made under the Citizenship Act of 1955.

Emergency provisions

To enable the President of the country to effectively meet any abnormal situation, the Indian Constitution has provided elaborate emergency provisions under Part XVIII from Article 352 to Article 360. The main rationale for incorporating these provisions in the constitution is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political framework and the constitution itself. One of the characteristic features during an emergency is that all the power and the states are under the control of the central government. Thus, this changes the federal structure of the country into a unitary one without any proper formal amendment of the constitution. There are three types of emergency under the Indian Constitution:-

1. National emergency under Article 352 – It is declared on the grounds of war or external aggression or armed rebellion. It is important to note that earlier, the term ‘internal disturbance’ was used in place of the term ‘armed rebellion’. The substitution of the terms was brought about by the 44th Constitutional Amendment Act (1978). In the case of Minerva Mills Ltd. v. Union of India (1980), the Hon’ble Supreme Court has held that the national emergency can be challenged in court on the ground of malafide or that the declaration of the emergency was based on wholly irrelevant and extraneous facts.
2. State emergency under Articles 356 and 365 – This is also known as the President’s Rule. While Article 356 provides for a state emergency on grounds of failure of the constitutional machinery within the state, Article 365 provides for the declaration of an emergency when there is a failure to comply with the directions of the centre.
3. Financial emergency under Article 360 – This is declared on the ground of a threat to the financial stability or credit of the country. 

Significance of Indian Constitution 

Supreme law of the nation 

The constitution functions as the legal foundation upon which all the laws and regulations of a country are based. It holds the highest authority in governing the country by providing consistency and coherence in the legal system. It outlines the framework for governance, defines the rights and duties of citizens, and establishes the structure and powers of various government institutions.

Rule of law

The Indian Constitution shows its significance by upholding the principle of the rule of law, which means that no individual, including government officials, is above the law. It ensures that the laws are applied equally to all citizens and institutions, regardless of their status or position. This principle promotes fairness, justice, and accountability within the legal system, preventing arbitrary use of power and safeguarding the rights of individuals.

Protection of fundamental rights

The Indian Constitution guarantees the protection of fundamental rights, which are essential liberties and freedoms granted to all citizens. These rights include the right to equality, freedom of speech and expression, the right to life and personal liberty, cultural and educational rights, and the right to constitutional remedies. The Constitution ensures that these rights are not infringed upon by the state or any individual, and citizens can seek redressal if their rights are violated. 

Stability and continuity in governance

The Indian Constitution provides a framework for stability and continuity in governance by establishing a system of democratic governance with checks and balances. It outlines the structure and powers of various organs of the government, i.e., the executive, legislature, and judiciary, and specifies their roles and responsibilities. Additionally, the Constitution sets out procedures for the election and appointment of government officials, ensuring smooth transitions of power and preventing abrupt disruptions in governance. In fact, there are also peaceful mechanisms, such as the power of judicial review, to resolve conflicts and disagreements.

National unity

Since India is a multi-diverse country, the Indian Constitution plays a very important role in promoting national unity by providing a common framework that binds together the diverse population of India. It acknowledges and respects the country’s rich cultural, linguistic, and religious diversity while emphasising the importance of unity and integration through the principles of equality, social justice, and secularism.

Criticism of the Indian Constitution

Borrowed constitution

Since the Indian Constitution has been made after taking inspiration from various foreign models, critics argue that this reliance has resulted in a document that contains nothing new or original and lacks sufficient adaptation to India’s unique socio-cultural and political context.

Carbon copy of 1935 GOI Act

According to critics, many provisions of the Indian Constitution closely resemble those of the Government of India Act, 1935, which was enacted by the British colonial government. This is seen as evidence of a failure to break away from colonial influences and assert India’s sovereignty in the drafting of the foundational legal document of the country.

Un-Gandhian constitution

Critics argue that the Constitution, with its emphasis on parliamentary democracy, centralised governance, and modern legal frameworks, does not adequately reflect Gandhi’s vision of decentralisation and grassroots democracy, based on principles such as non-violence, village self-governance (Gram Swaraj), and economic self-sufficiency (Sarvodaya). Failure to prioritise Gandhian ideals, as per them, perpetuates inequalities and undermines community empowerment.

Very lengthy in size

Critics argue that the Constitution is too bulky and too detailed, containing some unnecessary provisions as well. They would rather advocate for a streamlined and more concise constitution to enhance transparency, efficiency, and accessibility in governance.

Use of complex “lawyers’ language”

Critics often argue that the dense legalistic terminology and intricate phrasing make the Constitution challenging for ordinary citizens to comprehend their rights and obligations as outlined therein. This complexity also hampers effective communication between citizens and the legal system, which leads to a lack of awareness and participation in the democratic process. 

Changes brought to the Indian Constitution 

Any law can be most effectively worked out if it can be modified so as to adapt to the changing needs and circumstances of societal needs. Similar is the case with the constitutions all over the world, which act as the most important basis to formulate law in the countries. While some constitutions are rigid, which lay down principles of permanent value and are amended only after thorough deliberations, others are flexible, in which amendments can be effected rather easily. For example, the British Constitution can be amended by any ordinary Act of Parliament. 

Similarly, the Indian Constitution also provides for an amending power for the Parliament so that it can adjust itself according to the changing needs and circumstances of society and the nation. This amending power has been provided under Article 368 of the Indian Constitution, which includes amendment by way of addition, variation or repealing any provision of the constitution as per the established procedure for the same. Since its adoption in 1950, the Indian Constitution has undergone several amendments every now and then. 

The procedure of amendment of Constitution

In India, different types of provisions of the constitution are dealt with differently with respect to their amendability. Three classes of amendments can be found in the Indian Constitution:-

1. The constitutional provisions, which are comparatively less significant, can be amended by a simple legislative process, just as they are adopted while passing any other ordinary legislation in Parliament. For these provisions, the Parliament has been empowered to make laws making such provisions as are different from what these Articles provide for. Thus, they are not subject to the special procedure laid down under Article 368. For example-

1. Admitting a new State under Article 2 of the Indian Constitution can be effected by consequent amendments in Schedules I and IV, which provide for the definition of territory and allocation of seats in Rajya Sabha amongst states, respectively. 
2. Parliament, under Article 11 of the Indian Constitution, has the power to make any provision for the acquisition and termination of citizenship in spite of Articles 5 to 10.

2. Some vital provisions which can be amended only by following the procedure (rule of special majority) as prescribed under Article 368 of the constitution:-

• Introduce a bill of a constitutional amendment in either House of Parliament
• The bill must be passed by each house by a majority of its total membership, and a majority of at least two-thirds of the members of that House present and voting
• The President must give assent to the bill

3. Some constitutional provisions that are related to the federal character, often regarded as ‘entrenched provisions’, can be amended by the same process as laid down under Article 368, with little change in the process before being presented to the President for his assent, the bill has to be ratified also by the legislatures of at least one-half of the States by resolutions. This has been provided under clause (2) of Section 368 itself. For example-

1. Manner of election of the President of India under Articles 54 and 55.
2. The extent of executive power of the Union and States under Articles 73 and 162, respectively.

Till now, there have been 106 Constitutional Amendments Acts passed in Parliament bringing out changes in various provisions of the Indian Constitution.

Judicial interpretation 

It is important to note that the power of Parliament under Article 368 to amend the constitution is not unlimited and there are judicial safeguards against the same. One of the most important safeguards is that the Parliament cannot amend the constitutional provisions that form part of the ‘basic structure’ of the constitution. In this regard, various judicial pronouncements of the Supreme Court of India highlight what constitutes the basic structure and why they must not be amended by the Parliament. 

The doctrine of basic structure can be understood as a legal principle recognized by the Supreme Court of India that identifies the core principles and values of the constitution that cannot be modified by the Parliament by way of its amending power under Article 368 of the constitution. This doctrine was established in the landmark case of Kesavananda Bharati v. State of Kerala (1973) on 24 April 1973. In this 13-judge bench decision, the Hon’ble Supreme Court concluded that the Parliament does not possess the authority to alter the essential structure or framework of the Constitution. The doctrine of basic structure serves as a crucial safeguard against arbitrary amendments and helps to preserve the essence of the Constitution.

Some important opinions delivered by the judges in this case are as follows:

1. The power to amend the constitution is to be found in Article 368 itself. In this regard, the ruling of the court in I.C. Golak Nath v. State of Punjab (1967) was thereby overruled. 
2. There is a distinction between an ordinary law and a constitutional law. The constitution makers didn’t use the expression ‘law’ in Article 13 so as to include ‘constitutional law’ as that would mean conferring power to Article 368 to abridge the fundamental right or any other part of the constitution.
3. The amending power of Parliament can’t be exercised in such a manner as to destroy the fundamental or basic features of the Constitution. Thus, any constitutional amendment that is in violation of the basic structure of the constitution is ultra vires. 

Basic Structure of the Indian Constitution

From the several judicial pronouncements, the basic features or elements of the basic structure of the Indian Constitution can be laid down as follows:-

• Supremacy of the Constitution
• Sovereign, democratic and republican nature of the constitution
• Separation of power between different organs of the government, i.e., the legislature, the executive and the judiciary
• Federal character of the constitution
• Secular nature of the constitution
• Unity and integrity of the country
• Rule of law
• Judicial review
• Independence of the judiciary
• Parliamentary system 
• Welfare state (socio-economic justice)
• Effective access to justice
• Freedom as well as the dignity of the individual
• Harmony and balance between fundamental rights and directive principles
• Principles underlying the fundamental rights
• Principle of equality
• Powers of the Supreme Court under Articles 32 (writ jurisdiction), 136 (jurisdiction with respect to special leave petition), 141 (binding nature of law declared by the Supreme Court on all other courts), and 142 (enforcement of decrees and orders of the Supreme Court)
• Powers of the High Court under Articles 226 (writ jurisdiction) and 227 (power of superintendence over all courts)
• Free and fair elections
• Limited power of the Parliament to amend the constitution

Conclusion 

As we come to the end of this article, it is worth mentioning that in spite of various criticisms put forth on the functioning of the Constituent Assembly, one cannot ignore that today, if India is living and breathing in the air of sovereignty, democracy, and freedom, along with the rights and duties vested on both the citizens and the states of the nation, it is because of the relentless efforts by notable personalities who have come together to gift India its biggest asset, or as we call it, the Constitution of India. 

Frequently Asked Questions (FAQs)

What is a Constitution?

A constitution is the basic law of a nation that sets out its governmental structure and governance. The Republic of San Marino is believed to have the oldest Constitution in the world, coming into effect on 8 October 1600. 

When was the Indian Constitution adopted?

The Indian Constitution was adopted on 26 November 1949.

When is ‘Law Day’ celebrated?

Law Day, or Constitution Day (“Samvidhan Diwas”), is celebrated on 26 November as the Indian Constitution was adopted on 26 November 1949.

Why was 26 January chosen as the day of enforcing the Constitution if the Constitution was already completed?

While the Indian Constitution was adopted on 26 November 1949, it came into force on the date of 26 January 1950 because 26 January 1930 was the date decided for “Poorna Swaraj” by the leaders of the Indian National Congress (INC) in its Lahore session in December 1929, presided over by Dr. Jawaharlal Nehru. 

Is the Indian Constitution a carbon copy of the GOI Act of 1935?

Though many features of the Indian Constitution have been derived from the Government of India Act 1935, it would be wrong to say that it is a carbon copy of the said Act because the constitution makers have questioned and deliberated the applicability of such provisions before incorporating them and modifying them in a manner to best suit the conditions of Indian society. 

Who is the constitutional advisor?

Mr. B.N. Rau was appointed as the constitutional advisor to the Constituent Assembly. He was the man responsible for the general structure of the democratic framework of the Indian Constitution.

Who is known as the father of the Indian Constitution?

Dr. B.R. Ambedkar is known as the father of the Indian Constitution. He was also the chairman of the drafting committee in the Constituent Assembly.

Who was the 1st president of the constituent assembly?

Dr. Sachidanand Sinha was the first president of the Constituent Assembly and later, Dr. Rajendra Prasad was elected as the president.

References 

• Legal Classics Making of India’s Constitution, HR Khanna, Eastern Book Company
• https://rajyasabha.nic.in/rsnew/constituent_assembly/constituent_assembly_mem.asp
• https://constitutionnet.org/sites/default/files/the_role_of_constituent_assemblies_-_final_yg_-_200606.pdf
• https://rajyasabha.nic.in/rsnew/publication_electronic/Selected%20Women%20Speech_Final.pdf
• https://www.nextias.com/blog/constitution-of-india/#Significance_of_the_Constitution_of_India 
• https://main.sci.gov.in/pdf/Museum/m2.pdf 
• https://ceodelhi.gov.in/eLearningv2/admin/EnglishPDF/Chapter%203%20Constitutional%20Design.pdf 

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