UNIT-I

History of Making of the Indian Constitution:

History Drafting Committee:
The drafting committee was the most important committee compared to the
other committees of the Constituent Assembly. It was set up on 29th August
1947, by the constituent assembly to scrutinize the draft of the text of the
Constitution of India prepared by the Constitutional Adviser in order to give
effect to the decision taken by the Constituent Assembly and to submit to the
assembly for consideration.
The Drafting Committee had seven members that included,
Alladi Krishnaswami Ayyar,
N. Gopalaswami;
B.R. Ambedkar,
K.M Munshi,
Mohammad Saadulla,
B.L. Mitter and
D.P. Khaitan.
At the first meeting that took place on 30th August 1947, B.R. Ambedkar was
elected as the Chairman of the Drafting Committee.
Members of the Drafting Committee
The Drafting Committee had seven members that are described below:
Members of the Drafting Committee
Alladi Krishnaswami Iyer
Important Facts
Alladi Krishnaswami Iyer He was an Indian barrister who served in the
Constituent Assembly, which drafted the Indian Constitution. According to B.R.
Ambedkar, Alladi Krishnaswamy Iyer was the chief architect of the Constitution
of India and chairperson of the committee.
N. Gopalaswami
He was elected in 1946 to serve in the Constituent Assembly of India, which
met in 1946 and was presided over by Jawaharlal Nehru. He was chosen to
serve on the Indian Constitution’s thirteen-person Drafting Committee.
He was a Minister without Portfolio in Jawaharlal Nehru’s 1st cabinet from
1947 to 1948. Then, from 1948 to 1952, he worked as Minister of Railways and
Transport, and then from 1952 to 1953, he was Minister of Defense.
B.R. Ambedkar
He was the first Minister of Law and Justice of independent India, the chief
draftsman of the Constitution of India, and a founding father of the Republic of
India.
K.M Munshi
He has a reputable literary reputation in Gujarati. In 1938, he established the
educational trust Bharatiya Vidya Bhavan.
He served on a number of committees of the Constituent Assembly, including
the Drafting Committee, Advisory Committee, and Sub-Committee on
Fundamental Rights. In his draft on fundamental rights, he argued that
progressive rights should be included.
Mohammad Saadulla
Saadulla was elected to the Constituent Assembly from Assam, out of 28
Muslim League members who attended the proceedings of the Assembly, he
was one of them and he was the only Muslim League member to sit in the
Drafting Committee. His interventions in the Assembly mostly revolved around
securing financial stability, and minority rights of Assam.
B.L. Mitter
Due to their bad health, he was replaced by N Madhav Rao as a member of the
Drafting Committee.
D.P. Khaitan
He was the prominent statesman DP Khaitan was being one of the architects of
the Indian Constitution. During the assembly proceedings, he intervened on
the issue of freedom of speech. After his death, TT Krishnamachari became a
member of the drafting committee.
Drafting Committee 1948
On February 21, 1948, the Drafting Committee submitted the Draft
Constitution of India to the President of the Constituent Assembly. Four
months earlier, they had received a draft prepared by constitutional adviser
B.N. Rau, which included decisions from various committees.
The Draft Constitution contained 315 articles organized into eighteen parts and
eight schedules, covering topics like government structure, center-state
relations, and citizens’ rights. Where the Draft differed from Rau’s version or
where there were unclear points, the committee included footnotes for
clarification.
This Draft was the first publicly available blueprint of the Indian Constitution
and was circulated widely for feedback from Assembly members, provincial
governments, central ministries, and the public. The Drafting Committee
reviewed suggestions in March and October 1948.
On November 4, 1948, B.R. Ambedkar introduced the Draft in the Assembly,
addressing some controversies. Reactions were mixed; while some members
praised it, others were disappointed, particularly because it did not incorporate
Panchayati Raj principles.
From November 15, 1948, the Assembly debated the Draft article by article,
discussing numerous amendments until October 17, 1949. The Drafting
Committee revised the Draft based on these discussions, presenting a second
version on November 14, 1949.
The debates over the Draft constituted a significant part of the Constituent
Assembly’s work, with 114 out of 165 sittings dedicated to it. The Draft
Constitution was ultimately adopted on November 26, 1949, becoming the
Constitution of India.
Drafting Committee Final Draft of the Constitution
Each member of the Constituent Assembly has signed two copies of the newly
made Indian Constitution, one in Hindi and the other in English. The original
constitution is hand-written, with each page decorated by renowned artists
from Shantiniketan including Beohar Rammanohar Sinha and Nandalal Bose. Its
calligrapher was Prem Behari Narain Raizada.
The Constitution of India was published in Dehradun and photolithography was
done at the Survey of India. Production of the original Indian Constitution took
nearly five years. The estimated cost of the Constituent Assembly was ₹6.3
crore. The constitution has had more than 100 amendments since has been
enacted.

Philosophy of the Indian Constitution:

Preamble:
The Preamble to the Indian Constitution refers to the introduction or preface
to the Indian Constitution. As a text containing the essence of the Constitution,
it is a reflection of the nation’s identity, its democratic ethos, and its
foundational principles. This article aims to explain the meaning of the
Preamble, its historical background, components, significance, and other
aspects related to it.
Meaning of the Preamble to the Indian Constitution
 The term ‘Preamble’ refers to the introduction or preface to the
Constitution. It contains the summary or essence of the Constitution,
along with the ideals and aspirations upon which the Indian state is
founded.
 While describing the meaning of the Preamble of Indian Constitution, an
eminent jurist N.A. Palkhivala has called it the ‘Identity Card of the
Constitution’. Similarly, K.M. Munshi has described it as the ‘Political
Horoscope of the Constitution’.
Historical Background
On December 13, 1946, Nehru moved the ‘Objective Resolution’ in the
Constituent Assembly. This resolution defined the basic goal or purpose of the
Indian Constitution. It also acted as the guiding principle for the members of
the constituent assembly in framing the constitution. The same resolution was
adopted as the Preamble to the Indian Constitution on January 22, 1947.
Text of the Preamble
We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its
citizens:
JUSTICE, Social, Economic and Political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity and to promote among them all;
FRATERNITY assuring the dignity of the individual and the unity and integrity of
the Nation;
In Our Constituent Assembly, this 26th day of November 1949, do HEREBY
ADOPT, ENACT, and GIVE TO OURSELVES THIS CONSTITUTION.
Features of Preamble of Indian Constitution
 The Preamble of Indian Constitution is a concise and comprehensive
introduction that outlines the philosophy and objectives of the
Constitution.
 It highlights India’s commitment to being a Sovereign, Socialist, Secular,
and Democratic Republic, ensuring independence, equality, and secular
governance.
 The Preamble guarantees justice (social, economic, and political),
liberty (of thought, expression, belief, faith, and worship), equality (of
status and opportunity), and promotes fraternity to maintain national
unity and individual dignity.
 It reflects the ideals and aspirations of the people and serves as the soul
and guiding principle of the Constitution.
 As an integral part of the Constitution, it represents its spirit and
purpose.
Components of the Preamble
 Source of authority for the Constitution – The Preamble states that the
Constitution derives its authority from the people of India.
 Nature of Indian State – It declares India to be a Sovereign, Socialist,
Secular Democratic, and Republican Polity.
 Objectives of the Constitution – It specifies Justice, Liberty, Equality,
and Fraternity as the objectives.
 Date of adoption of the Constitution – It stipulates November 26, 1949,
as the date of its adoption.
Key Words in The Preamble
“We, the People of India”
It is this phrase that affirms that the Constitution of India derives its authority
and legitimacy from the people of India.
 This phrase states that the Constitution is not imposed by any external
authority but is drafted and adopted by the people themselves,
reflecting their collective will and aspirations.
 It signifies the power and responsibility vested in the citizens to govern
themselves and participate in the democratic process.
Sovereign
The word ‘sovereign’ implies that India is neither dependent on nor dominated
by any other country, but it is a self-governing state.
 No authority is above it, and it is free to manage its own external and
internal affairs.
 Being a sovereign state, India can either acquire a foreign territory or
cede a part of its territory in favor of a foreign state.
Socialist
The word ‘socialist’’ implies that it envisions a socio-economic system where
there is an equitable distribution of wealth, resources, and opportunities,
aiming to reduce economic inequalities among citizens.
 The Indian brand of socialism is a ‘democratic socialism’ wherein both
private and public sectors co-exist side by side.
Secular
The word ‘secular’ emphasizes the principle of religious neutrality and the
separation of religion from the affairs of the state.
 The Indian Constitution embodies the positive concept of secularism,
which means all religions in our country, irrespective of their strength,
have the same status and support from the state.
 This principle fosters social harmony, tolerance, and respect for religious
diversity in a pluralistic society like India.
Democratic
The word ‘democratic’ emphasizes the establishment of a government that is
accountable to the people and operates based on the consent of the governed.
 The Indian Constitution provides for a representative parliamentary
democracy under which the executive is responsible to the legislature for
all its policies and actions.
 Universal voting rights for all adults, periodic elections, the supremacy of
law, independence of the judiciary, and the absence of discrimination
based on certain attributes are signs of the democratic nature of India’s
political system.
 The term ‘democratic’ embraces not only political democracy but also
social and economic democracy.
Republic
The term “republic” signifies a form of government where the head of state is
elected by the people or their representatives, rather than being hereditary or
appointed based on lineage.
 It reflects the rejection of monarchy and the establishment of a political
system based on democratic principles, where the authority of the
government is derived from the consent of the governed.
 A republic also means two additional things-
o Political sovereignty is vested in the people rather than a single
ruler like a king.
o There is no privileged class, so all public offices are open to every
citizen without any discrimination.
Justice
The term ‘justice’ signifies the commitment of the Indian state to ensure social,
economic, and political justice for all its citizens.
 Social justice – It refers to the equal treatment of all citizens regardless
of social distinctions like caste, color, race, religion, gender, etc. It means
the absence of privileges for any particular group in society and
improving conditions of Backward Classes (SCs, STs, and OBCs) and
Women.
  Economic justice – It denotes non-discrimination between people based
on economic factors. It also involves the elimination of inequalities in
income, wealth, and property.
 Political justice – It implies that all citizens should have equal political
rights, equal access to all political offices, and equal voice in the
government.
 The ideal of justice – social, economic, and political – has been taken
from the Russian Revolution.
Liberty
The term ‘liberty’ means the absence of restraints on the activities of
individuals, along with providing opportunities for individual growth and
development.
 The Preamble seeks to secure for all citizens the fundamental rights of
liberty of thought, expression, belief, faith, and worship, which are
enforceable in a court of law.
 Liberty, as conceived by the Preamble, is not absolute but qualified. It
means that liberty does not mean ‘license’ to do whatever one likes.
Instead, it has to be enjoyed within the limitations mentioned in the
Constitution.
Equality
The term ‘equality’ means the absence of special privileges for any section of
society and the provision of adequate opportunities for all individuals without
any discrimination.
 The Preamble secures for all citizens of India equality of status and
opportunity in three dimensions:
o Civic Equality – The Fundamental Rights under the Right to
Equality (Article 14-18) seek to ensure civil equality.
o Political Equality – The two provisions of the Constitution related
to elections, as mentioned in Article 325 and Article 326, seek to
ensure political equality.
o Economic Equality – The Directive Principles of State Policy, as
mentioned in Article 39, directs the state to secure men’s and
 women’s equal rights to an adequate means of livelihood along
with equal pay for equal work. This seeks to ensure economic
equality.
Fraternity
The term “fraternity” emphasizes the importance of fostering a sense of
brotherhood and unity among all citizens.
 The Preamble declares that fraternity has to assure two things—the
dignity of the individual and the unity and integrity of the nation.
 The phrase ‘dignity of the individual’ signifies that the Constitution
ensures material betterment and recognizes every person’s sacred
individuality.
 The phrase ‘unity and integrity of the nation’ embraces both the
psychological and territorial dimensions of national integration. It aims at
overcoming hindrances to national integration like communalism,
regionalism, casteism, linguism, secessionism, and so on.
Significance of Preamble of Indian Constitution
 The Preamble of the Indian Constitution embodies the basic philosophy
and fundamental values on which the Constitution is based. Thus, it
provides a glimpse of the Constitution of India.
 As the soul and key to the Constitution, it provides a guiding framework
for the interpretation and implementation of the various provisions of
the Constitution.
 It serves as the guiding light for governance, providing a moral compass
for policymakers and lawmakers. It reminds them of the overarching
goals of justice, equality, liberty, and fraternity that they must strive to
achieve in their decision-making processes.
 It symbolizes the unity and diversity of India by acknowledging the
plurality of its citizens and their diverse backgrounds, languages,
cultures, and religions.
 It serves as an inspiration for citizens, reminding them of their rights,
duties, and responsibilities towards the nation. It instills a sense of
patriotism, civic duty, and commitment to the ideals of justice, equality,
and fraternity among the populace.
Salient Features:
What are the salient features of Indian Constitution?
Before making the present Constitution, the framers examined Constitutions of
various countries of the world and also the working of the Government of India
Act, 1935. They liberally borrowed appropriate provisions from Constitutions of
many countries of the world. The Constitution so adopted has the following
salient features—
1. The Lengthiest Constitution in the World.-
Constitutions are classified into written, like the American Constitution, or
unwritten, like the British Constitution. The Constitution of India is the
lengthiest of all the written Constitutions of the world. It is a very
comprehensive, elaborate and detailed document.
The Indian Constitution originally consisted of 395 articles divided into 22 Parts
and 9 Schedules. Presently, it consists of a Preamble, about 450 articles divided
into 24 Parts and 12 Schedules.
2. Parliamentary Form of Government.-
The Constitution of India has opted for the British Parliamentary system of
Government rather than American Presidential System of Government. The
Parliamentary system is based on the principle of co-operation and co-
ordination between the legislative and executive organs while the Presidential
system is based on the doctrine of separation of powers between the two
organs.
3. Unique Blend of Rigidity and Flexibility.-
The Constitution of India is neither rigid nor flexible but a synthesis of both. A
rigid Constitution is one that requires a special procedure for its amendment
while flexible Constitution is one that can be amended in the same manner as
ordinary laws are made.
4. Fundamental Rights.-
Part III of the Indian Constitution guarantees six fundamental rights to all the
citizens—
(a) Right to Equality (Articles 14-18);
(b) Right to Freedom (Articles 19-22);
(c) Right against Exploitation (Articles 23-24);
(d) Right to Freedom of Religion (Articles 25-28);
(e) Cultural and Educational Rights (Articles 29-30);
(f) Right to Constitutional Remedies (Article 32).
The Fundamental Rights are meant for promoting the idea of political
democracy. They operate as limitations on the tyranny of the executive and
arbitrary laws of the legislature.
5. Directive Principles of State policy.-
The Directive Principles of State Policy contained in Part of the Constitution set
out the aims and objectives to be taken by the state in the governance of the
country. According to B.R. Ambedkar “the Directive Principle of State policy is a
novel feature of the Indian Constitution. They can be classified into three broad
categories, Socialistic, Gandhian and Liberal-intellectual.
6. Fundamental Duties.-
By Forty-second Amendment Act, Part IVA has been added to the Constitution
which enumerates certain fundamental duties of the citizens. Originally, ten
duties were enlisted in clause (a) to (j) of article 51A. Clause (k), which imposes
duty on parents/wards has been added by the Constitution (86th Amendment)
Act, 2002.
7. A Federation with Strong Centralizing Tendency.-
The term ‘federation’ has nowhere been used in the Constitution. Article 1
describes that India “is a Union of States” which implies two things: Firstly –
Indian federation is not the result of an agreement by the States; and Secondly
– no State has the right to secede from the federation. The Constitution of
India establishes a federal system of Government. It contains all the usual
features of a federation viz., two governments, division of powers, written
Constitution, Supremacy of the Constitution, rigidity of Constitution,
independent judiciary and bicameralism.
8. Adult Suffrage.-
In India every person, male or female, who has obtained the age of 18 years, is
entitled to vote in elections to Parliament or State Legislatures. Originally this
age limit was 21 years but after the 61st Amendment Act, 1988 it was reduced
to 18 years.
9. An Independent Judiciary.-
Independence of Judiciary is essential for impartial adjudication of disputes
between individuals, between Union and State, between Union/State and
individuals, between Union and States or between States inter se. The Supreme
Court stands at the top of the integrated judicial system in the country. Below
it, there are High Courts at the State level. This single system of courts enforces
both the Central laws as well as the States laws.
The Supreme Court of India is a federal court, the highest court of appeal, the
guarantor of the fundamental rights of the citizens and the guardian of the
Constitution
10. A Secular State.-
The Constitution of India stands for a secular State. Hence, it does not uphold
any particular religion as the official religion of the Indian State. The term
‘Secular’ was added to the Preamble of the Indian Constitution by the 42nd
Amendment Act, 1976. Articles 25-28 of the Constitution give concrete shape
to this concept of secularism.
11. Single Citizenship.-
In most of the federation, people have double citizenship, citizenship of the
Union and citizenship of one of the several States which form the Union. Every
citizen is the citizen of India and enjoys the same rights of citizenship no matter
in which State he resides.
12. Separation of Powers.-
This doctrine was for the first time properly formulated by the famous Jurist
Montesquieu in his Escript Des Lois and exercised great influence on the French
legal system. Doctrine of separation of powers implies that powers of the three
organs of the government viz., Legislative, Executive and Judiciary should be
kept separate from each other.

UNIT-III
Organs of Governance:
Parliament:
Introduction
Being the supreme legislative body, the Parliament is the legislative organ of a
Union government. It occupies a pre-eminent and central position in the Indian
democratic political system due to adoption of the parliamentary form of
government.
 The first elected Parliament came into existence in April 1952.
Constitutional Provisions
 Articles 79 to 122 contained in Part V of the Constitution of India,1950
(COI) deal with the organization, composition, duration, officers,
procedures, privileges and powers of the Parliament.
 Article 79 of the COI deals with the constitution of Parliament. It states
that there shall be a Parliament for the Union which shall consist of
the President and two Houses to be known respectively as the Council
of States and the House of the People.
Organs of the Parliament

President
 About:
o The President is the head of the state and is the highest formal
authority in the country.
o The President of India is not a member of either of the
Houses and does not sit in the Parliament to attend its meetings,
but he/she is an integral part of the Parliament.
 Appointment:
 o The elected Members of Parliament (MPs) and the elected
Members of the Legislative Assemblies (MLAs) elect the President
of India.
 Powers:
o Assent for Passing a Bill: A bill passed by both the Houses of
Parliament cannot become law without the President’s assent.
o Summoning and Prorogation of Houses: He has the power
to summon and prorogate both the Houses, dissolve the Lok
Sabha and issue ordinances when the Houses are not in session.
Rajya Sabha
 About:
o It is the Upper House (Council of States) and it represents the
states and union territories of the Indian Union.
o The Rajya Sabha is called the permanent House of the
Parliament as it is never fully dissolved.
o The IV Schedule of the COI deals with the allocation of seats in the
Rajya Sabha to the states and union territories.
 Composition:
o The maximum strength of Rajya Sabha is 250 (out of which 238
members are representatives of the states & union territories
(elected indirectly) and 12 are nominated by the President).
 Election of Representatives:
o The representatives of states are elected by the members of state
legislative assemblies.
o The representatives of each union territory in the Rajya Sabha are
indirectly elected by members of an electoral college specially
constituted for this purpose.
o The members nominated by the President are those who
have special knowledge or practical experience in art, literature,
science and social service.
 Functions:
 o Rajya Sabha has an important role of reviewing and altering the
laws initiated by the Lok Sabha.
o It can also initiate legislation and a bill is required to pass through
the Rajya Sabha in order to become a law.
 Powers:
o State Related Matters: The Rajya Sabha provides representation
to the States. Therefore, any matter that affects the States must
be referred to it for its consent and approval.
o If the Union Parliament wishes to remove/transfer a matter from
the State list, the approval of the Rajya Sabha is necessary.
Lok Sabha
 About:
o It is the Lower House (House of People) and it represents the
people of India as a whole.
 Composition:
o The maximum strength of the Lok Sabha is fixed at 550 out of
which 530 members are to be the representatives of the states
and 20 of the UTs.
 Election of Representatives:
o The representatives of states are directly elected by the
people from the territorial constituencies in the states.
o By the Union Territories (Direct Election to the House of the
People) Act, 1965, the members of Lok Sabha from the union
territories are chosen by direct election.
 Functions:
o One of the most important functions of the Lok Sabha is to select
the executive, a group of persons who work together to
implement the laws made by the Parliament.
 Powers:
o Decisions in Joint Sitting: Any ordinary law needs to be passed by
both the Houses. However, in case of any difference between the
two Houses, the final decision is taken by calling a joint session of
both the Houses.Due to a larger strength, the view of the Lok
Sabha is likely to prevail in such a meeting.
o Power in Money Matters: Lok Sabha exercises more powers in
money matters. Once the Lok Sabha passes the budget of the
government or any other money related law, the Rajya Sabha
cannot reject it.
o Power over Council of Ministers: The Lok Sabha controls the
Council of Ministers.
 Constitution of India.

Prasad as the first President of India and, adopted the National

anthem and National song.
When did the Constitution come into force?
As per the provisions in the Constitution, it formally commenced on January
1950, bringing it into force in its entirety. This date was chosen to
commemorate the declaration of ‘Poorna Swaraj’ by J.L. Nehru at an annual
session of the Congress in Lahore in 1929.
 Some of the Constitution's provisions, included in Articles 5, 6, 7, 8, 9,
60, 324, 366, 367, 379, 380, 388, 391, 392, and 393, relating to
citizenship, elections, a provisional parliament, temporary and
transitional laws, and short titles, came into effect on November 26,
1949.
  The remaining provisions of the Constitution took effect on January 26,
1950, and the entire Constitution was enforced. This day is celebrated
as Republic Day.
Committees of the Constituent Assembly
The Constituent Assembly, at various points during the Constitution-making
process, appointed several committees on different aspects of the Constitution
to conduct preliminary research and deliberations within smaller groups.
Constituent Assembly Organizational Committee
The Organizational Committee of the Constituent Assembly was established to
ensure the smooth functioning of the Constitution-making process. Each
committee, with a distinct purpose, addressed areas such as rules, finances,
state negotiations, procedural matters, and more, contributing to the efficient
drafting of India’s Constitution.

Committee Cha
irpe
rso
Rules of procedure committee Raj
n
end
ra
Steering committee Raj
Pra
end
sad
ra
Staff and finance committee Raj
Pra
end
sad
ra
Credentials committee A.
PraK
.sad
Ayy
Order of Business committee K.
ar
M.
Mu
States (negotiating) committee J.
nshL.
Ne
i
hru
Flag committee Raj
end
ra
Committee on functions of Constituent Assembly G.
PraV
.sad
Constituent Assembly Principal Committees and their sub-committees Ma
vla
Other than the Organizational Committee, the Constituent Assembly also nka
formed several Principal Committees to address key aspects of the Indian r
Constitution. Following are the principal committees and their sub-committees
formed during this period.

Committee

Advisory committee onfundamental rights, minorities, Tribal areas and excluded areas

Union powers committee

Union Constitution committee

Provincial Constitution committee

Drafting committee

Constituent Assembly Other Sectoral Committees

In addition to the organizational and principal committees, the Constituent
Assembly established several Sectoral Committees to address various issues
related to the nation’s governance, which are as follows.

Committee Chair
pers
on
Ad-hoc committee on citizenship S.
Vara
dach
Committee on chief commissioner’s provinces N.
ariar
Gopa
laswa
Experts committee on Financial Provisions of Constitution N.
mi R.
Sarka
Ayya
rngar
Sub-committee on minority safeguards for West Bengal and East Punjab Sarda
r
Criticism of Constituent Assembly Patel

Several scholars and Constitutional experts have criticized the Constituent

Assembly on various grounds. These are as follows:
 Not a representative Body: Its members were not directly elected based
on the universal adult franchise.
 Not a Sovereign Body: It was created by the British proposals, and its
sessions were held with the permission of the British Government.
 Time-Consuming: It took an unduly long time to frame the Constitution,
on the other hand the American Constitution was formed in 4 months.
 Dominated by Congress: Granville Austin commented that “The