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1 Introduction & Making of Indian Constitution

The document discusses the making of the Indian constitution. It details the historical background including British acts that preceded Indian independence. A constituent assembly was formed to draft the constitution, led by Dr. B.R. Ambedkar as chairman of the drafting committee. Over several sessions, the committee considered the draft clause by clause, incorporating amendments. On November 26, 1949, the constitution was signed by the president of the assembly and passed, establishing India as a sovereign democratic republic.

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171 views2 pages

1 Introduction & Making of Indian Constitution

The document discusses the making of the Indian constitution. It details the historical background including British acts that preceded Indian independence. A constituent assembly was formed to draft the constitution, led by Dr. B.R. Ambedkar as chairman of the drafting committee. Over several sessions, the committee considered the draft clause by clause, incorporating amendments. On November 26, 1949, the constitution was signed by the president of the assembly and passed, establishing India as a sovereign democratic republic.

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mani jain
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 Meaning, Nature and Scope

The constitution of a country is the fundamental law of the land, on the basis of
which all other laws are made and enforced. Powers and limitation of every organ of
state are prescribed in it. Constitution is a living document. It reflects the hopes and
aspirations of people.
In the words of George Washington, ‘the Constitution is the guide which I will never
abandon’. According to Lord Acton, Constitution acts as rider on unlimited power.
The philosophy of the Constitution of India is amply reflected in the Objectives
Resolution moved by Pandit Jawahar Lal Nehru in Constituent Assembly on January
22, 1947, which was later adopted with necessary modifications as Preamble.
 Making of Indian Constitution
o Historical Background
The Government of India Act, 1858, was the first statute for the Governance of India
under the direct rule of British Government. It was followed by the Government of
India Act, 1919 and the Government of India Act, 1935.
o Main Features introduced by Government of India Act, 1935
1. Federation and Provincial Autonomy
2. Dyarchy at the centre
3. Distribution of legislative powers
4. The dominion states, as promised by Simon Commission in
1929 was conferred by the Government of India Act, 1935.
In fact the Government of India Act, 1935 is a precursor to the Constitution of free
India.
b. Constituent Assembly(C.A.)
The Swaraj Resolution of Mahatma Gandhi in 1922 raised demand of the
Independent Constituent Assembly for India. This demand was again raised strongly
before Cripps mission. Finally it was accepted.
The first meeting of the Constituent Assembly was held on December 9, 1946. It
reassembled on August 14, 1947 as a sovereign C.A. for the Dominion of India.
c. Making of Indian Constitution
As a result of the partition under the Plan of June 3, 1947, a separate Constituent
Assembly was set up for Pakistan. The representatives of Bengal, Punjab, Sind,
North Western Frontier Province, Baluchistan and the Sylhet district of Assam(which
had joined Pakistan by a referendum) ceased to be members of the Constituent
Assembly of India, and there was a fresh election in the new Provinces of West
Bengal and East Punjab. In the result, when the Constituent Assembly reassembled
on the 31st October 1947, the membership of the House was reduced to 299. Of
these, 284 were actually present on the 26th November, 1949, and appended their
signatures to the Constitution as finally passed.
The salient principles of the proposed Constitution has been outlined by various
committees of the Assembly such as the Union Constitution Committee, the Union
Powers Committee, Committee on Fundamental Rights, and, after a general
discussion of the reports of these Committees, the Assembly appointed a Drafting
Committee on the 29th August, 1947. The Drafting Committee, under the
Chairmanship of Dr. Ambedkar, embodied the decision of the Assembly with
alternative and additional proposals in the form of a ‘Draft Constitution of India’ which
was published in February, 1948. The Constituent Assembly next met in November,
1948, to consider the provisions of the Draft, clause by clause. After several season
the consideration of the clauses or second reading was completed by the 17th
October, 1949.
d. Passing of the Constitution
The Constituent Assembly again sat on the 14th November, 1949, for the third
reading and finished it on the 26th November, 1949, on which date the Constitution
received the signature of the President of the Assembly and was declared as
passed.
e. Dr. B.R. Ambedkar as Father of Indian Constitution
Dr. B.R. Ambedkar, as Law Minister was Chairman of the Drafting Committee and he
piloted the draft Constitution, prepared by B.N. Rau, Advisor of C.A. It was his
labour, skill and craftsmanship in getting the draft Constitution adopted successfully
after several amendments in C.A. For his hilarious contribution in C.A., he has been
rightly honoured as Architect and Father of the Constitution of India.
However, Babu Rajendra Prasad(who later became the first President of India) was
the President of C.A.

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