Architecting a Nation: The Making of India's Constitution

A Comprehensive Blueprint for Democracy, Justice, and Social Transformation.

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The Cornerstone of Modern India

The making of the Indian Constitution was a monumental task undertaken by the Constituent Assembly of India, a body of indirectly elected representatives. Convened in the backdrop of India's impending independence and the tumultuous period of Partition, the Assembly aimed to draft a constitution that would not only provide a framework for democratic governance but also lay the foundation for a social revolution to transform a deeply hierarchical and diverse society.

Over nearly three years, through meticulous debates, discussions, and accommodation of diverse viewpoints, the Assembly produced a comprehensive document that enshrined principles of democracy, justice, liberty, equality, and fraternity, shaping the destiny of modern India.

Formation & Composition of the Assembly

The Demand and Its Acceptance

The demand for a Constituent Assembly, elected by the people without outside interference, was a long-standing aspiration of the Indian nationalist movement, first officially put forth by the Indian National Congress in 1935.

This demand was theoretically accepted by the British in the 'August Offer' of 1940, and the Assembly was finally constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan (1946).

Method of Election & Representation

  • Members from British Indian Provinces were indirectly elected by the Provincial Legislative Assemblies via proportional representation (single transferable vote).
  • Seats were divided among three principal communities: Muslims, Sikhs, and General.
  • Representatives of Princely States were nominated by their heads; many initially stayed away but joined after Partition was announced.
  • Total strength was to be 389 members (296 British India, 93 Princely States).

Diversity and Dominance

  • Dominance of Congress: Won 208 of 296 British Indian seats; Muslim League won 73.
  • Inclusivity: Despite Congress dominance, it was a diverse body with representatives from various communities (Hindus, Muslims, Sikhs, Anglo-Indians, Christians, Parsis, SCs, STs) and regions.
  • Women Members: Included prominent women like Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh, Rajkumari Amrit Kaur, Begum Aizaz Rasul.
  • Included distinguished non-Congress personalities like Dr. B.R. Ambedkar, Shyama Prasad Mukherjee, Dr. S. Radhakrishnan.

Muslim League Boycott & Partition Impact

The Muslim League initially boycotted the Constituent Assembly, pressing its demand for Pakistan.

After the Mountbatten Plan (June 3, 1947) announced Partition, members representing areas included in Pakistan withdrew. Consequently, the total strength of the Assembly came down to 299 members (229 from Indian provinces and 70 from princely states) as on Dec 31, 1947.

Key Personalities Shaping the Constitution

Presidents & Advisors

  • Temporary President: Dr. Sachchidananda Sinha
  • Permanent President: Dr. Rajendra Prasad
  • Vice-Presidents: H.C. Mukherjee, V.T. Krishnamachari
  • Constitutional Advisor: Sir B.N. Rau

Drafting Committee Chairman

Dr. B.R. Ambedkar: Often called the 'Father of the Indian Constitution' or 'Chief Architect', he led the pivotal Drafting Committee.

Other members: N. Gopalaswami Ayyangar, Alladi Krishnaswamy Ayyar, Dr. K.M. Munshi, Syed Mohammad Saadullah, N. Madhava Rau, T.T. Krishnamachari.

Influential Leaders

  • Jawaharlal Nehru: Moved Objectives Resolution, headed Union Powers/Constitution Committees.
  • Sardar Vallabhbhai Patel: Chaired Provincial Constitution Committee, Advisory Committee on FRs/Minorities.
  • Maulana Abul Kalam Azad: Prominent scholar.
  • Sarojini Naidu, Hansa Mehta: Key women members.

The Grand Deliberation: Working of the Assembly

Timeline and Sessions

  • First meeting: December 9, 1946 (boycotted by Muslim League). Dr. Sachchidananda Sinha was temporary President.
  • Permanent President elected: Dr. Rajendra Prasad on December 11, 1946.
  • The Assembly had 11 sessions.
  • Total duration: 2 years, 11 months, 18 days.
  • Constitution makers studied about 60 countries' constitutions.
  • Final session held on January 24, 1950, for members to sign.

Objectives Resolution (Dec 13, 1946)

Moved by Jawaharlal Nehru and unanimously adopted on January 22, 1947, this resolution laid down the guiding principles and philosophy of the Constitution. Its modified version forms the Preamble.

Key Principles Declared:

  • India as Independent, Sovereign, Republic.
  • Union of autonomous units with residuary powers.
  • Power derived from the people.
  • Guaranteed Justice, Equality, Liberty.
  • Safeguards for minorities, backward/tribal areas.
  • Promotion of world peace and welfare of mankind.

Key Committees and Their Chairpersons

Drafting Committee

Chairman: Dr. B.R. Ambedkar

Tasked with preparing the draft Constitution.

Union & States Committees

  • Union Powers Committee: Jawaharlal Nehru
  • Union Constitution Committee: Jawaharlal Nehru
  • States Committee: Jawaharlal Nehru

Provincial & Advisory Committees

  • Provincial Constitution Committee: Sardar Patel
  • Advisory Committee on FRs, Minorities & Tribal Areas: Sardar Patel (with various sub-committees)

Debate, Discussion, and Consensus-building

The Assembly adopted a procedure of extensive discussion and debate, also seeking public opinion. The draft Constitution (published Feb 1948) was open for 8 months of public discussion.

About 7,635 amendments were proposed, and 2,473 were actually discussed. Provisions were debated clause by clause. The emphasis was on consensus-building and accommodation of diverse viewpoints, rather than majority voting.

"The Constituent Assembly's approach was one of 'decision-making by consensus' and 'the principle of accommodation.'"

— Granville Austin, The Indian Constitution: Cornerstone of a Nation

A Global Tapestry: Sources of the Constitution

The Indian Constitution selectively adopted features from various constitutions and adapted them to India's unique needs. As Dr. Ambedkar stated, it was framed after "ransacking all the known Constitutions of the world."

Source Country/Act Borrowed Features (Examples)
Government of India Act, 1935 Federal Scheme, Office of Governor, Judiciary (structure), Public Service Commissions, Emergency provisions, Administrative details.
British Constitution Parliamentary form of government, Rule of Law, Legislative procedure, Single citizenship, Cabinet system, Prerogative writs, Bicameralism.
US Constitution Fundamental Rights, Independence of Judiciary, Judicial Review, Impeachment of the President, Post of Vice-President.
Irish Constitution Directive Principles of State Policy (DPSP), Nomination of members to Rajya Sabha, Method of election of the President.
Canadian Constitution Federation with a strong Centre, Vesting of residuary powers in the Centre, Appointment of state governors by the Centre, Advisory jurisdiction of the Supreme Court.
Australian Constitution Concurrent List, Freedom of trade, commerce, and intercourse, Joint sitting of the two Houses of Parliament.
Weimar Constitution (Germany) Suspension of Fundamental Rights during Emergency.
Soviet Constitution (USSR) Fundamental Duties (inspiration), Ideal of Justice (social, economic, political) in the Preamble.
French Constitution Republic and the ideals of Liberty, Equality, and Fraternity in the Preamble.
South African Constitution Procedure for amendment of the Constitution, Election of members of Rajya Sabha.
Japanese Constitution Procedure established by law.

Key Features of the Indian Constitution

As adopted on 26 November 1949 and enforced on 26 January 1950, the Constitution embodied a unique blend of various principles.

Preamble

Based on Objectives Resolution. Declares India as a Sovereign, Democratic, Republic. 'Socialist' and 'Secular' added by 42nd Amendment, 1976. Aims to secure Justice, Liberty, Equality, Fraternity.

Lengthiest Written Constitution

Originally 395 Articles (22 Parts, 8 Schedules). Factors: diversity, GoI Act 1935 influence, single constitution for Centre & States, lawyer dominance.

Parliamentary Govt.

Adopted from British system. Features: nominal & real executives, majority party rule, collective responsibility, PM/CM leadership, dissolution of lower house.

Federal with Unitary Bias

Quasi-federal (K.C. Wheare). Federal: two governments, power division, written Const., independent judiciary. Unitary: strong Centre, single Const., single citizenship, emergency provisions.

Fundamental Rights (Part III)

Articles 12-35. Inspired by US. Justiciable. Not absolute. Originally 7, now 6 (Right to Property deleted by 44th Amdt, 1978).

Directive Principles (Part IV)

Articles 36-51. Inspired by Irish. Concept of 'welfare state'. Non-justiciable but fundamental in governance. Aim to establish socio-economic democracy.

Fundamental Duties (Part IVA)

Added by 42nd Amdt, 1976 (Swaran Singh Committee). Article 51-A. Originally 10, now 11 (86th Amdt, 2002, added education duty). Non-justiciable.

Independent Judiciary & Review

Integrated system. Independence ensured by tenure, fixed conditions. Judicial Review: power to examine constitutionality (Art 13, 32, 226).

Universal Adult Franchise

Art 326. Every citizen 18+ has right to vote (reduced from 21 by 61st Amdt, 1988). A bold experiment at independence.

Single Citizenship

Citizenship of India only, not dual (national & state). Promotes unity and common identity.

Emergency Provisions (Part XVIII)

Articles 352-360. National (war, aggression, armed rebellion), State (President's Rule), Financial. Centre becomes powerful, federal to unitary.

Special Provisions for SC/ST/Minorities

Reservations in legislatures (Art 330, 332) & jobs (Art 16(4)). National Commissions (Art 338, 338-A, 338-B). Cultural/educational rights of minorities (Art 29, 30).

Enduring Legacy: Significance of the Constitution

  • Framework for Democratic Governance: Established parliamentary democracy, universal adult franchise, responsible government, and rule of law.
  • National Unity and Integrity: Promoted unity through single citizenship, integrated judiciary, All-India services, strong centre, while accommodating diversity.
  • Social Revolution: Aimed to transform hierarchical society via Justice, Equality, Liberty (e.g., Art 17, DPSPs).
  • Economic Development: DPSPs guided towards a welfare state and planned economic development.
  • Blueprint for a Modern Nation-State: Comprehensive vision for India as a sovereign, secular, democratic republic committed to people's welfare.
  • Enduring Document: Resilience and adaptability evident through numerous amendments, yet its basic structure remains intact. A beacon for newly independent nations.

Prelims-Ready Notes: Quick Facts

  • CA Formation: Nov 1946, under Cabinet Mission Plan. Indirectly elected by Provincial Assemblies + Princely State nominees.
  • Strength: Initially 389 (296 British India, 93 States). After Partition, 299.
  • First Meeting: Dec 9, 1946. Dr. Sachchidananda Sinha (temporary President).
  • Permanent President: Dr. Rajendra Prasad. Vice-Presidents: H.C. Mukherjee, V.T. Krishnamachari.
  • Constitutional Advisor: B.N. Rau.
  • Drafting Committee Chairman: Dr. B.R. Ambedkar.
  • Objectives Resolution: Moved by Nehru (Dec 13, 1946), adopted Jan 22, 1947. Basis of Preamble.
  • Duration: 2 years, 11 months, 18 days. 11 Sessions.
  • Adopted: Nov 26, 1949 (Constitution Day/National Law Day). Enforced: Jan 26, 1950.
  • Preamble Keywords: Sovereign, Socialist (42nd), Secular (42nd), Democratic, Republic, Justice, Liberty, Equality, Fraternity, Integrity (42nd).
  • 42nd Amendment (1976): Added 'Socialist', 'Secular', 'Integrity' to Preamble; added Fundamental Duties.
  • 44th Amendment (1978): Deleted Right to Property as FR; 'armed rebellion' replaced 'internal disturbance' for National Emergency.

Summary Table: Key Sources of Indian Constitution

Source Country/Act Borrowed Features (Examples)
GoI Act, 1935Federal Scheme, Office of Governor, Judiciary, PSCs, Emergency provisions, Admin details.
UKParliamentary govt, Rule of Law, Single Citizenship, Cabinet system, Writs, Bicameralism.
USAFundamental Rights, Judicial Review, Independent Judiciary, Impeachment of President.
IrelandDPSPs, Nomination to Rajya Sabha, Method of President's election.
CanadaFederation with strong Centre, Residuary powers to Centre, Governor's appointment by Centre.
AustraliaConcurrent List, Freedom of trade, Joint sitting.
Germany (Weimar)Suspension of FRs during Emergency.
USSR (Soviet Union)Fundamental Duties (inspiration), Ideals of Justice in Preamble.
FranceRepublic, Ideals of Liberty, Equality, Fraternity in Preamble.
South AfricaAmendment procedure, Election of Rajya Sabha members.
JapanProcedure established by law.

Mains-Ready Analytical Notes: Deeper Insights

Major Debates & Discussions in CA

  • Nature of Federalism: Strong Centre vs. State Autonomy; resolved with "federal system with unitary bias."
  • Fundamental Rights vs. DPSP: Primacy and justiciability. FRs justiciable, DPSPs non-justiciable but fundamental in governance.
  • Language: Hindi as national/official language vs. non-Hindi speakers' concerns; Hindi official + English for 15 years, regional languages recognized.
  • Minority Rights: Scope and nature of safeguards (separate electorates rejected, cultural/educational rights, reservations for SC/STs accepted).
  • Uniform Civil Code: Debated, placed in DPSP (Art 44) as a goal.

Criticism of the Constituent Assembly

  • Not a representative body: Members not directly elected by universal adult suffrage. (Counter: Indirect election feasible; leaders had popular mandate).
  • Not a sovereign body: Created by British proposals. (Counter: Worked as fully sovereign after Indian Independence Act 1947).
  • Time-consuming: Took almost 3 years. (Counter: Complexity & diversity of India required thorough deliberation).
  • Dominated by Congress/Lawyer-Politicians/Hindus: (Counter: Diverse Congress; included non-Congress members; sought consensus; representation from all communities).

Criticism of the Constitution ("Bag of Borrowings")

  • Critics called it a "bag of borrowings" or a "patchwork."
  • Dr. Ambedkar's response: "There is nothing to be ashamed of in borrowing... Nobody holds any patent rights in the fundamental ideas of a Constitution." He emphasized that features were adapted to Indian conditions.
  • Continuity & Change: Product of continuity (GoI Act 1935, nationalist consensus) and instrument of profound change (social revolution, universal franchise).

Contemporary Relevance & Impact

  • Guardian of Democracy: Bedrock of Indian democracy.
  • Debates on Basic Structure: SC's doctrine (Kesavananda Bharati, 1973) limits Parliament's amending power, protecting core values.
  • FRs & DPSPs Dynamism: Judicial interpretations expanded FRs (e.g., Right to Privacy - Puttaswamy, Right to Education).
  • Challenges to Federalism: Centre-State tensions (fiscal federalism, role of Governor, Art 356).
  • Secularism: Nature and practice remain debated (S.R. Bommai case).

Real-world Examples & Current Affairs

  • 103rd Amendment (2019): 10% EWS reservation – upheld by SC (2022), reflecting equality debates.
  • Abrogation of Article 370 (2019): Challenged federalism, upheld by SC (2023).
  • Citizenship Amendment Act (CAA), 2019: Debates on secularism and equality (Art 14).
  • Digital Personal Data Protection Act, 2023: Stemming from Right to Privacy (FR).
  • 106th Amendment (Women's Reservation Bill), 2023: Aligns with constitutional ideals of equality and political justice.
  • Uniform Civil Code (UCC) Debates: Law Commission soliciting views on Art 44 (DPSP).
  • Constitution Day (Samvidhan Divas): Celebrated on November 26th since 2015.

UPSC Previous Year Questions (PYQs)

Prelims MCQs

  1. PYQ (2017): The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the:

    • (a) Lok Sabha by a simple majority of its total membership
    • (b) Lok Sabha by a majority of not less than two-thirds of its total membership
    • (c) Rajya Sabha by a simple majority of its total membership
    • (d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting

    Hint: Relates to Article 249, showing federal system with unitary bias.

  2. PYQ (2018): Which one of the following reflects the most appropriate relationship between law and liberty?

    • (a) If there are more laws, there is less liberty.
    • (b) If there are no laws, there is no liberty.
    • (c) If there is liberty, laws have to be made by the people.
    • (d) If laws are changed too often, liberty is in danger.

    Hint: Liberty, as enshrined in the Preamble and FRs, requires the framework of law for its existence and protection (Rule of Law).

  3. PYQ (2021): What is the position of the Right to Property in India?

    • (a) Legal right available to citizens only
    • (b) Legal right available to any person
    • (c) Fundamental Right available to citizens only
    • (d) Neither Fundamental Right nor legal right

    Hint: Deleted as FR by 44th Amdt and made a legal right under Art 300-A, available to any person.

  4. PYQ (2023): Consider the following statements:

    Statement I: The Constitution of India is a living document.

    Statement II: The Constitution of India provides for mechanisms for amendment to address the changing needs of society.

    Which one of the following is correct in respect of the above statements?

    • (a) Both Statement I and Statement II are correct and Statement II is the correct explanation for Statement I
    • (b) Both Statement I and Statement II are correct and Statement II is not the correct explanation for Statement I
    • (c) Statement I is correct but Statement II is incorrect
    • (d) Statement I is incorrect but Statement II is correct

    Hint: A living document adapts to changing times, and the amendment procedure (Art 368) is a key mechanism.

Mains Questions

  1. PYQ (2016): Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy.

    Direction: Explain Art 44. Factors: Religious diversity, opposition from religious groups, political sensitivities, lack of definitive draft, debate on religious freedom.

  2. PYQ (2019): What can France learn from the Indian Constitution’s approach to secularism?

    Direction: Explain Indian secularism (principled distance, positive engagement, minority rights protection). Contrast with French laïcité. Argue India's model is more accommodative of religious diversity.

  3. PYQ (2023): "The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society." Illustrate with special reference to the expanding horizons of the right to life and personal liberty.

    Direction: Explain "living instrument" (amendments, judicial interpretation). Focus on Art 21 expansion through landmark SC cases (Maneka Gandhi, Puttaswamy, etc.).

UPSC Trend Analysis: Key Focus Areas

Prelims Focus

  • High frequency: Constitution's making, features, Preamble, FRs, DPSPs.
  • Shift: From factual to conceptual/application-based questions.
  • Common: Questions on specific Articles, Preamble keywords, Constitutional Amendments.
  • Focus: Philosophy and objectives underpinning the Constitution.

Mains Focus

  • Analytical & Opinion-based: Requiring critical evaluation.
  • Recurring themes: FRs vs. DPSPs, secularism, federalism, judicial review, amendment powers, role of Constitution in social change.
  • Integration: Linking static provisions with current events/debates (UCC, CAA, judicial appointments).
  • Comparative analysis: E.g., Indian vs. French secularism.

Original MCQs for Prelims Practice

  1. Which of the following statements regarding the Objectives Resolution is INCORRECT?

    • (a) It was moved by Dr. B.R. Ambedkar in the Constituent Assembly.
    • (b) It declared India as an Independent, Sovereign, Republic.
    • (c) It laid down that all power and authority of the government are derived from the people.
    • (d) Its modified version forms the Preamble of the Indian Constitution.

    Explanation: The Objectives Resolution was moved by Jawaharlal Nehru on December 13, 1946.

  2. Consider the following features of the Indian Constitution:

    • 1. Federation with a strong Centre
    • 2. Directive Principles of State Policy
    • 3. Parliamentary form of government
    • 4. Suspension of Fundamental Rights during Emergency

    Which of the above features were borrowed or inspired, respectively, from the Canadian, Irish, British, and Weimar (German) Constitutions?

    • (a) 1, 2, 3, and 4
    • (b) 1, 3, 2, and 4
    • (c) 3, 2, 1, and 4
    • (d) 1, 2, 4, and 3

    Explanation: Federation with a strong Centre – Canadian; DPSP – Irish; Parliamentary form – British; Suspension of FRs during Emergency – Weimar (German).

  3. The phrase "equality before the law" in Article 14 of the Indian Constitution is primarily derived from:

    • (a) The US concept of "equal protection of laws."
    • (b) The British concept of the "Rule of Law."
    • (c) The Irish Directive Principles.
    • (d) The French Declaration of the Rights of Man and of the Citizen.

    Explanation: "Equality before the law" is a British concept associated with A.V. Dicey's Rule of Law. "Equal protection of laws" is of American origin.

Original Mains Questions for Practice

Question 1

"The Constituent Assembly of India, though not directly elected, was a remarkably representative body that achieved its monumental task through a spirit of accommodation and consensus." Elaborate on the composition and working methods of the Assembly that justify this statement.
— Original Mains Question

Key Points/Structure for Answering:

  • Introduction: Acknowledge criticism, assert representative nature & consensus-driven approach.
  • Representative Character: Indirect election (feasible), diverse communities/regions/ideologies, women, SCs/STs, legal expertise.
  • Working Methods (Accommodation & Consensus): Objectives Resolution, Committee System, Extensive Debates, Public Opinion, Principle of Accommodation (e.g., language, minority rights), Limited use of Voting.
  • Conclusion: Composition & methods gave legitimacy, making it a cornerstone of democracy.

Question 2

The Indian Constitution is often described as a "living document." How do the provisions for amendment and the role of the judiciary contribute to its dynamism and adaptability to changing socio-economic and political realities? Illustrate with examples.
— Original Mains Question

Key Points/Structure for Answering:

  • Introduction: Define "living document" – its ability to evolve.
  • Provisions for Amendment (Art 368): Different procedures (rigidity/flexibility). Allows formal changes for new challenges. Examples: 73rd/74th, 86th, 101st, 106th Amendments.
  • Role of the Judiciary (Interpretation & Review): SC interprets provisions in light of changing times. Basic Structure Doctrine. Expansion of FRs (Art 21 - Maneka Gandhi, Puttaswamy). Harmonious Construction (FRs & DPSPs).
  • Interplay: Both amendments and judicial interpretations contribute.
  • Conclusion: Thoughtful provisions and proactive judiciary ensure relevance and responsiveness, embodying a "living document."