Making of the Indian Constitution
Making of the Indian Constitution: A Detailed Explanation
1. Historical Background
The making of the Indian Constitution was a monumental process shaped by India’s unique political, social, and historical context.
Colonial Legacy: India was under British colonial rule for nearly 200 years. The British governed through various Acts — such as the Regulating Act (1773), Government of India Acts (1919, 1935), which gave limited self-government but kept power centralized.
Demand for Self-Rule: Indian freedom struggle leaders demanded Swaraj (self-rule), culminating in demands for Dominion status and eventually complete independence.
Post-World War II Context: After WWII, Britain agreed to transfer power. India’s political leaders prepared to frame a constitution.
2. Formation of the Constituent Assembly
The Constituent Assembly was formed to draft the Constitution.
Constituent Assembly election was indirect — members were elected by provincial legislative assemblies.
The Assembly first met on December 9, 1946.
The Assembly had 299 members representing various communities, regions, and political parties.
Key leaders: Dr. B.R. Ambedkar (Chairman of the Drafting Committee), Jawaharlal Nehru (President of the Assembly), Sardar Patel, Rajendra Prasad, and others.
3. Phases in Constitution Making
A. Objective Resolution
Moved by Jawaharlal Nehru on December 13, 1946.
It laid down the philosophical foundation of the Constitution: Sovereignty, democracy, justice, equality, liberty, and fraternity.
Passed unanimously.
B. Drafting Committee
Headed by Dr. B.R. Ambedkar.
Entrusted with preparing a detailed draft.
Worked on various aspects: fundamental rights, directive principles, judiciary, federal structure, etc.
C. Committee Reports
Various committees examined:
Fundamental rights,
Minority rights,
Centre-state relations,
Finance,
Public services.
D. Debates and Discussions
The Constituent Assembly engaged in extensive debates over three years.
Issues debated included:
Secularism,
Federalism,
Minority rights,
Official language,
Fundamental rights,
Directive Principles of State Policy.
E. Adoption and Enforcement
The Constitution was adopted on November 26, 1949.
It came into force on January 26, 1950 — celebrated as Republic Day.
4. Key Features Established
Sovereign Democratic Republic
Parliamentary System
Fundamental Rights and Duties
Directive Principles of State Policy
Independent Judiciary
Federal Structure with Unitary Bias
Secularism
5. Relevant Case Law on the Constitution’s Authority and Origin
🏛️ Kesavananda Bharati v. State of Kerala (1973)
The Supreme Court held that the Constitution is the supreme law of the land.
The basic structure doctrine was propounded, which restricts Parliament from altering the Constitution’s fundamental framework.
🏛️ S.R. Bommai v. Union of India (1994)
The Court emphasized the importance of the Constitution’s federal structure.
Affirmed the supremacy of the Constitution over all organs of the state.
🏛️ Shankari Prasad v. Union of India (1951)
The Court upheld the power of Parliament to amend the Constitution.
However, later decisions like Kesavananda Bharati nuanced this power.
🏛️ In Re: The Berubari Union Case (1960)
The Court held that the Constitution must be interpreted to preserve India’s territorial integrity.
Reinforced the authority of the Constitution in matters of state boundaries.
6. Significance of the Constituent Assembly
The Assembly was unique as it was a sovereign body entrusted with the task of constitution-making.
It reflected a pluralistic India with diverse opinions.
The process ensured that the Constitution was a living document, flexible yet firm.
7. Salient Facts
| Aspect | Details |
|---|---|
| Constituent Assembly Formed | 1946 |
| Drafting Committee Chairman | Dr. B.R. Ambedkar |
| Constitution Adopted | 26 November 1949 |
| Constitution Enforced | 26 January 1950 |
| Total Articles | Originally 395 articles |
| Philosophy | Sovereignty, democracy, justice, liberty, equality |
8. Conclusion
The making of the Indian Constitution was a historic process reflecting India’s aspirations for democracy, justice, and unity. It laid down a robust legal framework balancing individual rights with social welfare.
The Constituent Assembly’s exhaustive debates and consensus laid the foundation of one of the world’s most detailed and comprehensive constitutions.
The judiciary has since consistently upheld the Constitution’s supremacy and sanctity, ensuring it remains the cornerstone of Indian democracy.
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