The Making of the Indian Constitution

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The Making of the Indian Constitution — Key Facts for KPSC KAS

Timeline of Key Events:

• 1946: Constituent Assembly formed (first meeting: 9 December 1946)
• 1947: Objective Resolution moved by Jawaharlal Nehru (13 December 1946)
• 1947: India Independence Act — British rule ends
• 1949: Draft Constitution adopted (26 November 1949)
• 1950: Constitution came into force (26 January 1950 — Republic Day)

Dr. B.R. Ambedkar was the Chairman of the Drafting Committee. He is called the “Father of the Indian Constitution”.

Constituent Assembly:

• Total members: 299 (after partition; originally 385)
• Chairman of Drafting Committee: Dr. B.R. Ambedkar
• Vice Chairman: B.N. Rau (Legal Advisor, who prepared the initial draft)
• President of Constituent Assembly: Rajendra Prasad

Key Influences on the Indian Constitution:

• Government of India Act, 1935 (structural basis)
• US Constitution (fundamental rights, independence of judiciary, vice president’s office)
• UK Constitution (parliamentary system, cabinet, convention of Prime Minister)
• Irish Constitution (Directive Principles of State Policy — borrowed from Irish Constitution’s Directive Principles of Social Policy)
• South African Constitution (amendment procedure, federal structure)

⚡ Exam tip: KPSC KAS frequently asks about the Objective Resolution (moved by Nehru), Ambedkar’s role, and influences on the Constitution. Remember: 26 November 1949 is when the Constitution was adopted, not when it came into effect (26 January 1950).

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The Making of the Indian Constitution — KPSC KAS Study Guide

1. Historical Context: British India (1858–1947)

Why Understanding Colonial History Matters: The Indian Constitution was drafted in the context of over a century of British colonial rule, multiple failed attempts at self-governance, and the experience of the Indian National Congress’s struggle for independence.

Key Phases:

Period	Event	Significance
1858	Queen Victoria’s Proclamation	Ends East India Company rule; Crown takes over
1885	Indian National Congress founded	First organized political party
1909	Minto-Morley Reforms	Limited elections, separate electorates (controversial)
1919	Government of India Act (Montagu-Chelmsford Reforms)	Diarchy introduced; “dyarchy” in provinces
1935	Government of India Act	Largest Act; provincial autonomy introduced; basis for Constitution’s structure
1942	Cripps Mission	Attempted to bring Congress into WWII coalition; failed
1946	Cabinet Mission Plan	Proposed federal structure; elections to Constituent Assembly
1947	Independence and Partition	India Act 1947; Partition; Independence

The Indian National Congress and Self-Government:

• Founded 1885 by A.O. Hume and W.C. Banerjee
• Became the primary vehicle for independence
• Key demands: Swadeshi (1905), Home Rule (1916-1918), Purna Swaraj (1929 Lahore Session under Nehru)
• Nehru Report (1928) — a draft constitution prepared by Congress under Motilal Nehru (Jawaharlal’s father) — a significant pre-Constitution document

Simon Commission (1927):

• All-white British commission sent to review the 1919 Act
• Boycotted by all Indian parties (the famous slogan: “Simon, go back!”)
• Result: No Indian representation — fueled further demand for self-rule
• Led directly to the Nehru Report (1928) as Congress’s counter-proposal

2. Government of India Acts — The Constitutional Foundation

The Government of India Act, 1919 (Montagu-Chelmsford Reforms):

• Introduced diarchy in provinces — transferred subjects (education, health, agriculture) to ministers responsible to legislatures; reserved subjects (law, order, revenue) kept with the Governor
• Proved unworkable — diarchy failed in practice
• Franchise limited — only ~1% of population could vote

The Government of India Act, 1935:

• The most important pre-independence constitutional document
• Introduced provincial autonomy — provinces got elected governments
• Created an All-India Federation (though never fully implemented due to WWII and partition)
• Federal structure — provinces + princely states
• ** Bicameral legislature** at the Centre (Council of States + Federal Assembly)
• Universal adult franchise NOT introduced — still limited franchise
• Burmese (Consequential Provisions) Act, 1937 — separated Burma from British India

For KPSC KAS: The 1935 Act was the single most important source for the Constitution’s structure — particularly the federal structure, provincial subjects list, and emergency provisions.

3. The Objective Resolution (13 December 1946)

Moved by Jawaharlal Nehru in the Constituent Assembly. It was a visionary statement of the Constitution’s aspirations.

Key Principles in the Resolution:

• India as an independent sovereign republic
• Democratic polity — all power of governance derived from the people
• Social, economic, and political justice
• Equality of status and opportunity
• Fundamental rights — including freedom of thought, expression, belief, faith, worship, and association
• Adequate safeguards for minorities, SCs, STs, and other disadvantaged groups
• Unity and integrity of India — rejected communal atomism
• Peaceful international relations
• Renunciation of war as an instrument of national policy

Significance of the Objective Resolution:

• It was incorporated into the Preamble of the Constitution
• Became the philosophical foundation of the entire Constitution
• Dr. Ambedkar called it the “political bible” of the nation
• The entire Constitution flows from the values articulated in this resolution

⚡ Exam tip: The Objective Resolution was moved by Nehru on 13 December 1946 — this date and attribution are frequently asked in KPSC KAS.

4. The Constituent Assembly — Structure and Process

How It Was Formed:

• Under the Cabinet Mission Plan (1946), elections to the Constituent Assembly were held
• 296 members elected by provincial legislative assemblies (proportional representation, single transferable vote)
• Princely states initially refused — joined later

Timeline:

Date	Event
9 December 1946	First meeting of Constituent Assembly (in New Delhi)
11 December 1946	Rajendra Prasad elected President
13 December 1946	Objective Resolution moved by Nehru
22 January 1947	Objective Resolution adopted
29 August 1947	Drafting Committee appointed under Ambedkar
4 November 1947	Draft Constitution circulated
1948-49	Clause-by-clause debate in the Assembly
26 November 1949	Constitution adopted (with 395 Articles and 8 Schedules)
26 January 1950	Constitution came into force

Drafting Committee — Key Members:

Name	Role
Dr. B.R. Ambedkar	Chairman, Drafting Committee
B.N. Rau	Legal Advisor (prepared the initial draft)
Sir Benegal Narsing Rau	Constitutional Advisor to the Assembly
K.M. Munshi	Member — advocated for Gujarat/Hindi representation
N. Gopalaswami Ayyangar	Member — contributed to emergency provisions
Alladi Krishnaswami Ayyar	Member — contributed to fundamental rights
M.N. Rau	Member

5. Influences on the Indian Constitution

Major Sources:

1. Government of India Act, 1935 (British):

• Federal structure, distribution of powers, emergency provisions, civil services
• Emergency under Article 356 (President’s Rule) — directly modeled on Section 93 of the 1935 Act
• Administrative details and legislative lists

2. United States Constitution (American):

• Written constitution (rigid, codified)
• Fundamental rights (Bill of Rights)
• Independence of judiciary
• Vice President’s office (unique feature borrowed)
• Preamble — notion of a preamble stating objectives
• Supreme Court structure (though Indian Supreme Court has wider jurisdiction)
• Impeachment procedure

3. British Constitution (UK):

• Parliamentary system — executive responsible to legislature
• Prime Minister and Cabinet system
• Constitutional conventions (uncodified practices)
• Rule of law
• Prerogative writs (方向 in Indian context)
• Bicameral Parliament (Lok Sabha + Rajya Sabha)

4. Irish Constitution (Ireland):

• Directive Principles of State Policy (DPSP) — the single biggest borrowing
• Ireland’s Constitution had “Directive Principles of Economic and Social Policy” — Article 38 and 45 of the Irish Constitution
• The concept of India as a sovereign socialist secular democratic republic — influenced by Irish framing

5. South African Constitution:

• Amendment procedure (flexibility of the amendment process)
• Federal structure with strong Centre (the Indian Constitution is quasi-federal)
• Concurrent list (subjects on which both Centre and states can legislate)

6. Canadian Constitution:

• Quasi-federal structure (strong Centre with federal units)
• Residuary powers with the Centre
• Distribution of powers between federal and provincial governments

7. Australian Constitution:

• Concurrent List (Australia’s TMarks)
• Trade and commerce provisions

8. Japanese Constitution:

• Procedure for amendment (rigorous, requires special majorities)

⚡ Exam tip: KPSC KAS often asks: “Which constitution was the most important influence on the Indian Constitution?” Answer: Government of India Act, 1935 (for structure). “Which constitution is the source of the Directive Principles of State Policy?” Answer: Irish Constitution.

6. Major Debates in the Constituent Assembly

The key debates and controversies:

1. Language of the Constitution:

• Hindi vs English — multiple proposals
• English was retained as an official language alongside Hindi in Devanagari script (with provisions to switch to Hindi alone)
• Article 343-345: Official language provisions — Hindi in Devanagari script with numerals
• States given the right to adopt their own official language
• 22 scheduled languages recognized

2. Federal Structure — Centre vs States:

• Strong Centre advocates (Nehru, Patel) vs provincial autonomy advocates
• Final structure: Quasi-federal — Union List, State List, Concurrent List
• Residuary powers: Given to the Centre (unlike Canada where they were provincial)
• Emergency provisions (Article 356) — President’s Rule in states (modeled on Section 93 of 1935 Act)

3. Fundamental Rights — Content and Enforcement:

• Debate on how to balance individual rights with directive principles for social justice
• Ambedkar advocated for strong fundamental rights including the right to property (initially included as a fundamental right; later made a constitutional legal right under Article 300A)
• Right to Property (Article 31) — controversial throughout the Constitution’s history; key debate in Kesavananda Bharati case (1973)
• Rights of women, children, and backward classes — extensive debates

4. Universal Adult Franchise:

• Adopted unanimously in the Assembly — India became one of the first countries to adopt universal suffrage at independence
• The decision was visionary given that even Britain did not have universal suffrage until 1928 and the US had racial restrictions

5. Secularism vs the Role of Religion:

• India was declared a Secular Republic (42nd Amendment, 1976 — added to Preamble)
• But in the original debates: arguments over whether the state should have any religious identity
• Gurung vs India type issues — minority rights protections debated extensively
• Freedom of religion guaranteed under Articles 25-28

6. Structure of the Executive:

• Parliamentary vs Presidential system
• Parliamentary system adopted (borrowed from UK) — executive responsible to the legislature
• President as constitutional head (ceremonial) — not a US-style executive
• Debate over whether the President should be indirectly or directly elected (indirect via electoral college — adopted)

7. One Citizenship or Dual Citizenship:

• Single Indian citizenship — no dual citizenship like the US (federal citizens + state citizens)
• Unitary bias in citizenship reflected in the quasi-federal structure

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Comprehensive coverage for KPSC KAS students on a longer study timeline.

Deep Dive: The Making of the Indian Constitution

The Constituent Assembly Debates — Key Contributors

Dr. Bhimrao Ramji Ambedkar (1891-1956):

• Chairman of the Drafting Committee
• Brilliant scholar — studied at Columbia University (USA) and London School of Economics
• A Mahar (from the Untouchable community) — faced discrimination throughout his life
• Converted to Buddhism in 1956 (just before his death) — the Bhim Jayanti or Dharmaantara ceremony
• Known for: “Constitution is merely a mechanism for the realization of social and economic democracy”
• Famous speech in the Constituent Assembly: “The constitutional safeguards provided for the Scheduled Castes are mere ornaments”
• His contributions: Drafted the entire constitutional framework, especially on fundamental rights, minority rights, and the parliamentary system
• Often called the “Father of the Indian Constitution”

Jawaharlal Nehru (1889-1964):

• First Prime Minister of India
• Moved the Objective Resolution (13 December 1946)
• Advocated for a strong, united, secular India
• Influenced: Preamble’s ideals, foreign policy (peaceful coexistence), DPSP framework

Sardar Vallabhbhai Patel (1875-1950):

• “Iron Man of India”
• Key role: Advocacy for strong Centre (against strong state autonomy)
• Instrumental in States Reorganisation post-independence
• Responsible for convincing princely states to join India through Instrument of Accession
• Role in the Constituent Assembly: Advocated for unified India against communal separatism

Sarojini Naidu (1879-1948):

• First female Governor of an Indian state (Uttar Pradesh)
• President of the Constituent Assembly (acting) — the first woman to preside over a constitutional assembly
• Known as the ” Nightingale of India”
• Key contributor: Preamble’s language (“We, the People of India… adopt, enact and give to ourselves this Constitution”)

Rajendra Prasad (1884-1963):

• First President of India
• President of the Constituent Assembly (served throughout its proceedings)
• A key presiding figure ensuring the Assembly’s functioning

The Constitution’s Salient Features

For KPSC KAS, memorize these hallmarks:

1. Longest Written Constitution — originally 395 Articles (now 448 with amendments), 22 Parts, 12 Schedules
2. Sovereign, Socialist, Secular, Democratic Republic — declared in the Preamble
3. Quasi-federal structure — “a federation with a bias towards unitary”
4. Parliamentary system — both at Centre and State level
5. Integrated judiciary — single hierarchical system from Supreme Court to district courts
6. Fundamental Rights (Part III) — 6 rights; enforceable in courts
7. Directive Principles of State Policy (Part IV) — non-justiciable; guiding principles for governance
8. Fundamental Duties (Part IV-A) — added by 42nd Amendment (1976)
9. Universal Adult Franchise — direct elections to Lok Sabha and state legislatures
10. Single Citizenship — only Indian citizenship, no state citizenship
11. Emergency Provisions (Part XVIII) — national, state, financial emergencies
12. Constitutional Amendments (Article 368) — flexible enough to evolve

Key Constitutional Provisions — From the Drafting Debates

Part III — Fundamental Rights:

• Article 14: Equality before law and equal protection
• Article 19: Six freedoms (speech, assembly, association, movement, residence, profession)
• Article 21: Protection of life and personal liberty
• Article 32: Right to constitutional remedies (Ambedkar called this the “heart and soul” of the Constitution)
• Originally included: Right to property (Article 31) — made a legal right (Article 300A) by 44th Amendment (1978); removed from fundamental rights

Part IV — Directive Principles of State Policy:

• Borrowed from the Irish Constitution
• Article 38: State to promote welfare of people by securing social order
• Article 39: Certain principles of policy to be followed by the state (equality, prevention of concentration of wealth)
• Article 40: Village panchayats (self-government)
• Article 45: Free and compulsory education for children
• Article 48: Agriculture and animal husbandry

Part IV-A — Fundamental Duties (added 1976):

• Article 51A: 10 fundamental duties for citizens
• Including: abide by Constitution, cherish noble ideals, protect sovereignty, defend country, promote harmony

Articles and Schedules — Important Numbers

Feature	Article/Schedule
Amendment Procedure	Article 368
Emergency Provisions	Articles 352-360
President’s Rule in States	Article 356
Federal Structure (Lists)	Seventh Schedule
Panchayat Provisions	Article 243, Ninth Schedule
Fundamental Duties	Article 51A
Official Language	Articles 343-351

Important Landmark Cases Born from the Making

** Kesavananda Bharati vs State of Kerala (1973) — the “Basic Structure” doctrine:** Though decided after the Constitution was made, this case defined what the Constitution truly meant. The Supreme Court held that Parliament cannot amend the “Basic Structure” of the Constitution (which includes federalism, secularism, fundamental rights, etc.). This effectively restrained the constituent power and made the Constitution’s framework unalterable in its essence.

** Minerva Mills vs Union of India (1980):** Struck down the 42nd Amendment’s clause that said Parliament could amend any part of the Constitution — reinforced Basic Structure doctrine.

Common Pitfalls in KPSC KAS

1. “Father of the Indian Constitution” vs “Chairman of the Drafting Committee”: Ambedkar is both — but the specific title is “Chairman of the Drafting Committee.” B.N. Rau was the Legal Advisor who prepared the initial draft.
2. Date of adoption vs Date of commencement: 26 November 1949 (adopted) ≠ 26 January 1950 (came into force). Both are important.
3. Objective Resolution moved by Nehru (not Ambedkar) — Ambedkar chaired the Drafting Committee; Nehru moved the foundational resolution.
4. DPSP from Irish Constitution — students often confuse this with the US Bill of Rights. DPSP is Irish.
5. Emergency provisions modeled on 1935 Act — not from the US or UK.
6. Sarojini Naidu was acting President of the Constituent Assembly (not a formal role she held, but she did preside over sessions when Rajendra Prasad was absent).
7. Right to property was removed as a fundamental right — it was Article 31; now Article 300A. This is a frequently tested point.

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