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Indian Polity — Making of the Indian Constitution

June 28, 2026
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Indian Polity — Making of the Indian Constitution

Making of the Indian Constitution
Figure 1: The making of the Indian Constitution and its sources are frequently tested in UPSC examinations.

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.
📝 UPSC Previous Year Questions:

  • UPSC Prelims 2018: The Supreme Court of India recognizes the 'Rule of Law' as a 'Basic Structure' of the Constitution. Answer: True.
  • UPSC Prelims 2023: The primary purpose of a constitution is to provide a framework for government, determining its nature and form. Answer: True.

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

Context: The Objective Resolution contained the fundamentals and philosophy of the Constitutional structure. It was introduced by Jawaharlal Nehru on 13th December 1946 and adopted on 22nd January 1947.
  • 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

Heading Description
Constituted November 1946 — Formed under the Cabinet Mission Plan.
Strength 389 members (296 from British India + 93 from Princely States).
Composition Representatives from diverse sections: Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Indian Christians, SCs, STs, and women.
Voting Method Proportional representation using Single Transferable Vote for provincial representation.
Notable Absence Mahatma Gandhi did not participate in the Constituent Assembly.
Key Facts Total Sessions: 11; Duration: 2 years, 11 months, 18 days; Expenditure: 64 lakh; Symbol: Elephant.
After Independence Act 1947 Sovereign Body; Membership reduced to 299; Became first Parliament of free India.
Key Personnel Sir B.N. Rau (Constitutional Adviser), H.V.R. Iyengar (Secretary), S.N. Mukherjee (Chief draftsman), Prem Behari Raizada (Calligrapher).

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

Source Features Borrowed
Govt. of India Act, 1935 Federal scheme, Governor's office, Judiciary, Public Service Commission, Emergency Provisions, Administrative details.
British Parliamentary govt., Rule of Law, Single Citizenship, Cabinet System, Parliamentary privileges, Bicameralism, prerogative writs.
US Fundamental Rights, Independent Judiciary, Impeachment of President, Judicial review, Removal of Supreme Court and High Court judges, post of Vice-president.
Irish DPSP, Method of election of President, Nomination of Members to Rajya Sabha.
Canadian Federation with a strong centre, vesting Residuary powers to the centre, Appointment of State Governors by the Centre, Advisory Jurisdiction of the Supreme Court.
Australian Concurrent List, Joint sitting of both the Houses of Parliament.
Germany (Weimar) Suspension of Fundamental Rights during Emergency.
USSR Fundamental Duties and the ideal of Justice (Social, Economic and Political) in the Preamble.
French Republic and the Ideals of Liberty, Equality and Fraternity in the Preamble.
South African Procedure for Amendment of the Constitution and election of members of Rajya Sabha.
Japanese The Procedure Established by Law.

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

Aspect Details
First Sitting 9 December 1946
President Dr. Rajendra Prasad
Objective Resolution Introduced by Nehru (13 Dec 1946); adopted (22 Jan 1947)
Drafting Committee Chairman Dr. B.R. Ambedkar
Adoption Date 26 November 1949
Commencement Date 26 January 1950
Total Sessions 11
Total Members 389 (later 299)
Women Signatories 11
Key Takeaways for UPSC

  • Rule of Law: Recognized as 'Basic Structure' — UPSC 2018
  • Constitutionalism: Government operates within set rules — UPSC 2023
  • First Sitting: 9 December 1946
  • Objective Resolution: Nehru (13 Dec 1946) — adopted 22 Jan 1947
  • Drafting Committee: Dr. B.R. Ambedkar (Chairman)
  • Adoption: 26 November 1949
  • Commencement: 26 January 1950 (Republic Day)
  • Sources: Govt of India Act 1935, British, US, Irish, Canadian, Australian, German, USSR, French, South African, Japanese
High-Yield Interactive UPSC Quiz (Making of the Constitution)

Q1. The first sitting of the Constituent Assembly was held on:

Correct Answer: B. The first sitting of the Constituent Assembly was held on 9 December 1946. The Muslim League boycotted this session.

Q2. Who was elected as the President of the Constituent Assembly?

Correct Answer: B. Dr. Rajendra Prasad was elected as the President of the Constituent Assembly on 11 December 1946.

Q3. The Objective Resolution was introduced by:

Correct Answer: B. The Objective Resolution was introduced by Jawaharlal Nehru on 13 December 1946 and adopted on 22 January 1947.

Q4. Who was the Chairman of the Drafting Committee?

Correct Answer: C. Dr. B.R. Ambedkar was the Chairman of the Drafting Committee. He played a pivotal role in the making of the Indian Constitution.

Q5. The Constitution of India was adopted on:

Correct Answer: C. The Constitution of India was adopted/enacted on 26 November 1949. It came into force on 26 January 1950.

Q6. Which of the following is NOT a source of the Indian Constitution?

Correct Answer: C. The Chinese Constitution is NOT a source of the Indian Constitution. Major sources include British, US, Irish, Canadian, Australian, German, French, and South African constitutions.

Q7. The Supreme Court of India recognizes 'Rule of Law' as:

Correct Answer: B. The Supreme Court of India recognizes the 'Rule of Law' as a 'Basic Structure' of the Constitution, making it impervious to amendments. (UPSC 2018)

Q8. The primary purpose of a constitution is to:

Correct Answer: B. The primary purpose of a constitution is to provide a framework for government, determining its nature and form. (UPSC 2023)

Q9. How many women signed the Indian Constitution?

Correct Answer: C. 11 women signed the Indian Constitution, including G. Durgabai, Ammu Swaminathan, Amrit Kaur, Hansa Mehta, and Sucheta Kripalani.

Q10. The Constituent Assembly was formed under which plan?

Correct Answer: C. The Constituent Assembly was formed in November 1946 under the Cabinet Mission Plan (CMP). It had 389 members initially.
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