Making of the Indian Constitution

🟢 Lite — Quick Review (1h–1d)

Rapid summary for last-minute revision before your exam.

Making of the Constitution — Key Facts for BPSC

• Drafting: Constitution drafted by 178-member Constituent Assembly (not directly elected)
• Chairman: Dr. Rajendra Prasad (President), Dr. B.R. Ambedkar (Chairman, Drafting Committee)
• Date of adoption: 26 November 1949 (Celebrated as National Law Day)
• Effective date: 26 January 1950 (Celebrated as Republic Day)
• Total members: 299 (after partition)
• Sessions: 11 sessions, 167 days of actual discussion
• Sources: Government of India Act 1935, US Constitution, Irish Constitution (Directive Principles), British parliamentary system

Key Documents:

• Objective Resolution by Jawaharlal Nehru (adopted 1947)
• 22 Constitutional Amendments made during drafting
• Draft Constitution published on 4 November 1948

⚡ Exam tip: “Who was the Chairman of the Drafting Committee?” — Answer: Dr. B.R. Ambedkar (most repeated BPSC question)

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🟡 Standard — Regular Study (2d–2mo)

Standard content for students with a few days to months.

Historical Background

Why a New Constitution?

India gained independence in 1947 after a long freedom struggle. The Indian Independence Act 1947 passed by British Parliament only transferred power — it did not create a permanent constitution. A separate constitution was needed because:

1. India wanted to frame its own destiny based on its values
2. The 1935 Act was too colonial in structure
3. The magnitude of the task (world’s largest democracy) required indigenous framework

The Constituent Assembly

Formation: On 29 August 1947, the Advisory Committee on Fundamental Rights placed its report before the Assembly.

Composition (Interesting for exam):

• 292 Hindus, 2 Muslims, 1 Sikh, 1 Parsi, 1 Anglo-Indian
• Muslim League boycotted after partition
• Dr. B.R. Ambedkar was the chief architect

Drafting Committee Structure:

Committee	Chairman
Drafting Committee	Dr. B.R. Ambedkar
Union Powers Committee	Jawaharlal Nehru
Provincial Constitution Committee	Sardar Vallabhbhai Patel
Advisory Committee	Sardar Patel

Sources of the Constitution

Source	Element Borrowed
US Constitution	Fundamental Rights, Judicial Review, President
British Constitution	Parliamentary system, Cabinet, Rule of Law
Irish Constitution	Directive Principles of State Policy
Canadian Constitution	Federation, residuary powers
Australian Constitution	Concurrent list
Weimar Constitution (Germany)	Emergency provisions

Key Statistics

• Drafting time: 2 years, 11 months, 17 days
• Articles: Original 395 Articles → Now ~470 with amendments
• Schedules: Original 8 → Now 12
• Parts: Original 22 → Now 25
• Committee meetings: 207 days
• Total amendments: 101 (as of 2024)

Critical Judgments & Events

• Objective Resolution (January 1947): Blueprint for constitution — moved by Nehru
• Veto controversy: Governor-General’s veto power removed after debate
• Hindi vs English: Language compromise — English retained for 15 years
• Uniform Civil Code: Debate persists, Article 44 (DPSP)

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🔴 Extended — Deep Study (3mo+)

Comprehensive coverage for students on a longer study timeline.

In-Depth Analysis of Constituent Assembly Debates

The Objectives Resolution (13 December 1946)

Moved by Jawaharlal Nehru, this resolution established the basic framework:

“We, the people of India, having solemnly resolved to constitute India into a Sovereign Democratic Republic…”

Key principles enshrined:

• Sovereign, Socialist, Secular, Democratic Republic
• Justice — social, economic, political
• Liberty — thought, expression, belief, faith
• Equality — of status and opportunity
• Fraternity — dignity of individual and unity of nation

Significance: This became the preamble framework with 42nd Amendment (1976).

Major Debates in the Assembly

1. The Language Debate

• Hindi proposed as official language
• Southern states opposed — feared domination
• Sanjay Kumar (M.P.): “Hindi as official language would divide the nation”
• Result: English retained as official language alongside Hindi for 50 years (Article 343), later extended indefinitely by 96th Amendment
• Classical languages added later: Tamil (2004), Sanskrit (2005), Telugu (2008), Kannada (2008), Malayalam (2013)

2. The Preamble Debate

• Arguments: Should we keep “Socialist” and “Secular”?
• Ambedkar’s view: Preamble is not enforceable in court, but reflects ideals
• 42nd Amendment (1976): Added “Socialist” and “Secular” during Emergency

3. Federalism vs Unitary Character

• Nehru vs Ambedkar: How much power to states?
• Result: Strong center with emergency powers (justified by partition trauma)
• Article 356 (President’s Rule): States vulnerable — 120+ times used

4. Fundamental Rights vs Directive Principles

• Ambedkar: DPSP not just ideals but positive commands
• SC in Minerva Mills (1980): DPSP cannot override FR
• 42nd/44th Amendment: Basic Structure doctrine strengthened

Critical Thinking Points for BPSC

Q. Why did the Constituent Assembly not have direct elections? A. India wasn’t unified before partition; territory was being partitioned. Most members were nominated by provincial assemblies.

Q. How is the Indian Constitution unique? A. It’s the longest written constitution (448 articles originally) — a comprehensive social document, not just a legal text.

Q. What distinguishes the Indian Preamble from the US Preamble? A. Indian Preamble includes “Socialist”, “Secular”, “Fraternity” — reflects social revolution approach unlike US’s liberal individualist approach.

Exam Pattern: BPSC frequently asks about:

• Chairman of Drafting Committee
• Date of adoption (26 Nov 1949)
• Date of commencement (26 Jan 1950)
• Number of original articles (395)
• Constitutional advisors

Landmark Assembly Members to Remember

Member	Role
Dr. B.R. Ambedkar	Chairman, Drafting Committee
Jawaharlal Nehru	Chairman, Union Powers Committee
Sardar Vallabhbhai Patel	Chairman, Provincial Constitution Committee
Dr. Rajendra Prasad	President of Constituent Assembly
K.M. Munshi	Gujarat, contributed on fundamental rights
Hansa Mehta	Women’s rights, drafted Article 15

Practice Questions (BPSC Type)

1. The Constituent Assembly was convened under the chairmanship of:

   • (a) Lord Mountbatten
   • (b) Dr. Rajendra Prasad
   • (c) Jawaharlal Nehru
   • (d) Sardar Patel

2. The Constitution of India was adopted on:

   • (a) 26 January 1950
   • (b) 26 November 1949
   • (c) 15 August 1947
   • (d) 2 October 1949

3. Who described the Indian Constitution as “a fundamental instrument of governance”?

   • (a) Supreme Court in Kesavananda Bharati
   • (b) Supreme Court in Golak Nath
   • (c) Parliament in 42nd Amendment
   • (d) Constituent Assembly in Objective Resolution

Answers: 1(b), 2(b), 3(a)

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