1. Basic Concepts Related to Constitution

Definitions

• Law: Rules governing behaviour, either written or unwritten; enacted by legislative bodies with legal force. Example: BNSS, Citizenship Amendment Act.
• Ordinance: Temporary law issued by the President or Governor when the legislature is not in session; requires legislative approval. Example: COVID-19 lockdown ordinance.
• Bylaws: Regulations made by local authorities; subordinate to central/state laws. Example: Municipal construction regulations.
• Constitution: Supreme law outlining government structure and powers; foundation of the legal system. Example: Constitution of India.
• Rules: Detailed instructions issued by the executive to implement laws; subordinate to laws and bylaws. Example: Passport application rules.
• Regulations: Specific and technical guidelines issued by regulatory bodies. Example: SEBI regulations for listed companies.

Hierarchy of Laws in India

• Constitution → Central Laws → State Laws → Ordinances → Bylaws → Rules and Regulations

Rule of Law

• As defined by British jurist A.V. Dicey, it asserts that law governs a nation, ensuring that no individual or institution, including the government, is above it.
• Key Elements:
  • Supremacy of Law
  • Equality Before the Law
  • Accountability
  • Legal Certainty
• The Supreme Court of India recognizes the 'Rule of Law' as a 'Basic Structure' of the Constitution, making it impervious to amendments. (UPSC 2018)

Louis Henkin — Eight Principles of Constitutionalism

• Popular Sovereignty
• An Independent Judiciary
• Rule of Law
• Democratic Governance (with Responsibility and Accountability)
• Police Governed by Legal and Judicial Control
• Adherence to Individual Rights
• Civilian Oversight of the Military
• Separation of Powers (Incorporating Checks and Balances)

Constitutionalism

• According to Friedrich, "Constitutionalism ensures that the government operates within set rules, promoting fairness and accountability."
• The primary purpose of a constitution is to provide a framework for government, determining its nature and form. (UPSC 2023)
• Constitution vs. Constitutionalism: A country can have a Constitution but may lack true Constitutionalism. For instance, a dictatorship might have a Constitution that isn't followed.

Types of Constitution

• Written Constitution: Formal document outlining government structure and citizen rights. Example: U.S. Constitution.
• Unwritten Constitution: Composed of various sources like statutes and traditions, not in a single document. Example: United Kingdom Constitution.
• Flexible Constitution: Can be easily amended like regular laws. Example: British Constitution.
• Rigid Constitution: Requires a complex process for amendments. Example: U.S. Constitution.
• Federal Constitution: Divides powers between central and regional governments. Examples: U.S., Germany.
• Unitary Constitution: Centralizes power in one government. Example: United Kingdom.
• Presidential Constitution: Separates executive and legislative branches; the President is both head of state and government. Example: United States.
• Parliamentary Constitution: Executive comes from the legislature; the Prime Minister leads. Examples: U.K., India.
• Monarchical Constitution: Recognizes a monarch, either with limited powers (constitutional) or significant powers (absolute). Examples: U.K., Sweden.
• Republican Constitution: Establishes a republic without a monarchy; the head of state is elected. Examples: U.S., France.
• Theocratic Constitution: Based on religious laws and principles. Example: Iran.
• Secular Constitution: Separates religion from government laws. Example: Indian Constitution.

2. Demand for a Constituent Assembly

• 1934: M.N. Roy proposed the idea of a Constituent Assembly for India.
• 1935: The Indian National Congress (INC) officially demanded a Constituent Assembly to draft the Indian Constitution.
• 1938: Jawaharlal Nehru, representing the INC, stated that the constitution must be created by a Constituent Assembly elected through an adult franchise.
• 1940: The British government accepted the demand in principle during the August Offer.
• 1942: The Cripps Proposal suggested drafting an independent Constitution post-World War II, but it was rejected by the Muslim League, which sought the division of India into two autonomous states.
• 1946: The Cabinet Mission Plan (CMP) proposed a single Constituent Assembly, gaining some acceptance from the Muslim League.

3. Important Dates of Constituent Assembly

• 9th December 1946: First sitting of the Constituent Assembly; Muslim League boycotted.
• 11th December 1946:
  • Dr. Rajendra Prasad elected as President.
  • Dr. Sachidanand Sinha (oldest member) became temporary chairman.
  • Vice-Presidents: H.C. Mukherjee and V.T. Krishnamachari.
• 13th December 1946: Objective Resolution introduced by Jawaharlal Nehru.
• 22nd January 1947: Objective Resolution was adopted.
• 22nd July 1947: The National Flag was adopted by the Constituent Assembly.
• 15th August 1947: Transfer of power established the dominions of India and Pakistan.
• May 1949: Constituent Assembly ratified India's membership in the Commonwealth.
• 26th November 1949: The Constitution was adopted/enacted.
• 24th January 1950:
  • Adoption of the National Song and National Anthem.
  • Dr. Rajendra Prasad was elected as the first President of India.
  • Final session of the Constituent Assembly; continued as the provisional Parliament until May 1952.
• 26th January 1950: The Constitution came into force, marking the establishment of India as a Republic.

4. Objective Resolution

• Key Declarations:
  • India as an Independent Sovereign Republic.
  • Union of Territories: Includes British India, Indian States, and territories willing to join.
  • Autonomy: Territories retain status as autonomous units with residual powers.
  • People's Authority: All power derives from the people of India.
  • Justice and Equality: Guarantees social, economic, and political justice; equality of opportunity; freedom of thought, expression, and action.
  • Minority Safeguards: Provisions for minorities and backward classes.
  • Territorial Integrity: Sovereign rights on land, sea, and air maintained.
  • Global Contribution: Commitment to world peace and welfare.
• The Preamble of the Constitution of India is a modified version of the Objective Resolution.

5. All About Constituent Assembly

6. Various Committees of the Constituent Assembly

Major Committees

• Jawaharlal Nehru: Union Powers Committee, Union Constitution Committee, States Committee
• Dr. Rajendra Prasad: Rules of Procedure Committee, Steering Committee
• Sardar Patel: Provincial Constitution Committee, Advisory Committee on FRs and Minorities & Tribal & Excluded Areas
• Dr. B.R. Ambedkar: Drafting Committee
  • Members: N. Gopalaswamy Ayyangar, Alladi Krishnaswami Ayyar, Dr. K.M. Munshi, Syed Mohammad Saadullah, N. Madhava Rau (Replaced B.L. Mitter), T.T. Krishnamachari (Replaced D.P. Khaitan)

Expert Committee of the Congress (July 8, 1946)

• Chairman: Jawaharlal Nehru
• Purpose: To prepare material for the Constituent Assembly
• Members: M. Asaf Ali, K.M. Munshi, N. Gopalaswami Ayyangar, K.T. Shah, D.R. Gadgil, Humayun Kabir, K. Santhanam

Minor Committees

• Dr. Rajendra Prasad: Finance and Staff Committee, National Flag Committee
• Alladi Krishnaswami Ayyar: Credentials Committee
• B. Pattabhi Sitaramayya: House Committee, Chief Commissioners' Provinces Committee
• Nalini Ranjan Sarkar (Non-member): Financial Provisions Committee
• S.K. Dar (Non-member): Linguistic Provinces Commission
• Jawaharlal Nehru: Draft Constitution Committee
• S. Varadachari (Non-member): Citizenship Committee, Supreme Court Committee
• Dr. K.M. Munshi: Order of Business Committee
• G.V. Mavalankar: Functions of Constituent Assembly Committee

7. Enactment and Enforcement of the Constitution

Enactment (26 November 1949)

• Out of 299 members, 284 were present and signed the Constitution.
• It contained the Preamble, 395 Articles, and 8 Schedules.
• The Preamble was enacted after the entire Constitution was already enacted.

Enforcement

• 26 November 1949: Some provisions came into force (Citizenship, Elections, Provisional Parliament, etc.)
• 26 January 1950: Major part came into force — Republic Day.
• 26 January 1930: Purna Swaraj Day was celebrated following the Lahore Session (December 1929).
• The Indian Independence Act, 1947 & GoI Act, 1935 were repealed.

8. Sources of Indian Constitution

9. Women Participation in Constituent Assembly

• Initial Membership: 15 women, later increased by 2.
• Women Signatories: 11 women signed the Indian Constitution:
  • G. Durgabai
  • Ammu Swaminathan
  • Amrit Kaur
  • Dakshayani Velayudhan
  • Hansa Mehta
  • Renuka Ray
  • Sucheta Kripalani
  • Purnima Banerji
  • Begum Qudsiya Aizaz Rasul
  • Kamala Chaudhri
  • Annie Mascarene

10. Summary: Making of the Constitution at a Glance