1

MAKING OF THE INDIAN CONSTITUTION

Indias Constitution was also drawn up under very difficult circumstances. The making
of the constitution for a huge and diverse country like India was not an easy affair.
At that time the people of India were emerging from the status of subjects to that of
citizens. The country was born through a partition on the basis of religious differences.
This was a traumatic experience for the people of India and Pakistan. Atleast ten lakh
people were killed on both sides of the border in partition related violence. There was
another problem. The British had left it to the rulers of the princely states to decide
whether they wanted to merge with India or with Pakistan or remain independent. The
merger of these princely states was a difficult and uncertain task. When the
constitution was being written, the future of the country did not look as secure as it
does today. Much of this consensus had evolved during the freedom struggle. Our
national movement was not merely a struggle against a foreign rule. It was also a
struggle to rejuvenate our country and to transform our society and politics. There
were sharp differences of opinion within the freedom struggle about the path India
should take after Independence. Such differences exist even today. Yet some basic
ideas had come to be accepted by almost everyone.
As far back as in 1928, Motilal Nehru and eight other Congress leaders drafted a
constitution for India. In 1931, the resolution at the Karachi session of the Indian
National Congress dwelt on how independent Indias constitution should look like. Both
these documents were committed to the inclusion of universal adult franchise, right to
freedom and equality and to protecting the rights of minorities in the constitution of
independent India. Thus some basic values were accepted by all leaders much before
the Constituent Assembly met to deliberate on the Constitution. The familiarity with
political institutions of colonial rule also helped develop an agreement over the
institutional design. The British rule had given voting rights only to a few. On that
basis the British had introduced very weak legislatures. Elections were held in 1937 to
Provincial Legislatures and Ministries all over British India. These were not fully
democratic governments. But the experience gained by Indians in the working of the
legislative institutions proved to be very useful for the country in setting up its own
institutions and working in them. That is why the Indian constitution adopted many
institutional details and procedures from colonial laws like the Government of India Act
1935. Years of thinking and deliberation on the framework of the constitution had
another benefit. Our leaders gained confidence to learn from other countries, but on
our own terms. Many of our leaders were inspired by the ideals of French Revolution,
the practice of parliamentary democracy in Britain and the Bill of Rights in the US.
The socialist revolution in Russia had inspired many Indians to think of shaping a
2

system based on social and economic equality. Yet they were not simply imitating
what others had done. At each step they were questioning whether these things suited
our country. All these factors contributed to the making of our Constitution.
The Constituent Assembly
Who, then, were the makers of the Indian Constitution? You will find here very
brief sketch of some of the leaders who played an important role in making the
Constitution. The drafting of the document called the constitution was done by an
assembly of elected representatives called the Constituent Assembly. Elections to the
Constituent Assembly were held in July 1946. Its first meeting was held in December
1946. Soon after the country was divided into India and Pakistan. The Constituent
Assembly was also divided into the Constituent Assembly of India and that of
Pakistan. The Constituent Assembly that wrote the Indian constitution had 299
members. The Assembly adopted the Constitution on 26 November 1949 but it came
into effect on January 26, 1950. To mark this day we celebrate January 26 as
Republic Day every year.

Qu.Why should we accept the Constitution made by this Assembly more than fifty years
ago?

An. The Constitution does not reflect the views of its members alone. It expresses a
broad consensus of its time. Many countries of the world have had to rewrite their
Constitution afresh because the basic rules were not accepted to all major social
groups or political parties. In some other countries, the Constitution exists as a mere
piece of paper. No one actually follows it. The experience of our Constitution is
different. Over the last half a century, several groups have questioned some provisions
of the Constitution. But no large social group or political party has ever questioned
the legitimacy of the Constitution itself. This is an unusual achievement for any
constitution. The second reason for accepting the Constitution is that the Constituent
Assembly represented the people of India. There was no universal adult franchise at
that time. So the Constituent Assembly could not have been chosen directly by all the
people of India . It was elected mainly by the members of the existing Provincial
Legislatures. This ensured a fair geographical share of members from all the regions
of the country. The Assembly was dominated by the Indian National Congress, the
party that led Indias freedom struggle. But the Congress itself included a variety of
political groups and opinions. The Assembly had many members who did not agree
with the Congress. In social terms too, the Assembly represented members from
different language groups, castes, classes, religions and occupations. Even if the
Constituent Assembly was elected by universal adult franchise, its composition would
3

not have been very different. Finally, the manner in which the Constituent Assembly
worked gives sanctity to the Constitution. The Constituent Assembly worked in a
systematic, open and consensual manner. First some basic principles were decided
and agreed upon. Then a Drafting Committee chaired by Dr. B.R. Ambedkar prepared
a draft constitution for discussion. Several rounds of thorough discussion took place on
the Draft Constitution, clause by clause. More than two thousand amendments were
considered. The members deliberated for 114 days spread over three years. Every
document presented and every word spoken in the Constituent Assembly has been
recorded and preserved. These are called Constituent Assembly Debates. When
printed, these debates are 12 bulky volumes! These debates provide the rationale
behind every provision of the Constitution. These are used to interpret the meaning of
the Constitution.
A constitution is not merely a statement of values and philosophy. As we noted
above, a constitution is mainly about embodying these values into institutional
arrangements. Much of the document called Constitution of India is about these
arrangements. It is a very long and detailed document. Therefore it needs to be
amended quite regularly to keep it updated. Those who crafted the Indian Constitution
felt that it has to be in accordance with peoples aspirations and changes in society.
They did not see it as a sacred, static and unalterable law. So, they made provisions
to incorporate changes from time to time. These changes are called constitutional
amendments.
Why Does a Country Need a Constitution?
The Constitution serves several purposes. First, it lays out certain ideals that form the
basis of the kind of country that we as citizens aspire to live in. Or, put another
way, a Constitution tells us what the fundamental nature of our society is. A country
is usually made up of different communities of people who share certain beliefs but
may not necessarily agree on all issues. A Constitution helps serve as a set of rules
and principles that all persons in a country can agree upon as the basis of the way
in which they want the country to be governed. This includes not only the type of
government but also an agreement on certain ideals that they all believe the country
should uphold.
The second important purpose of a Constitution is to define the nature of a
countrys political system. In countries that have adopted a democratic form of
government or polity, the Constitution plays a crucial role in laying out certain
important guidelines that govern decision-making within these societies. In a
democracy, we choose our leaders so that they can exercise power responsibly on
our behalf. However, there is always the possibility that these leaders might misuse
their authority and the Constitution usually provides safeguards against this. This
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misuse of authority can result in gross injustice. In democratic societies, the
Constitution often lays down rules that guard against this misuse of power by our
political leaders.
Another important function that a Constitution plays in a democracy is to ensure
that a dominant group does not use its power against other, less powerful people or
groups. The Constitution usually contains rules that ensure that minorities are not
excluded from anything that is routinely available to the majority.
The third significant reason why we need a Constitution is to save us from
ourselves. This may sound strange but what is meant by this is that we might at
times feel strongly about an issue that might go against our larger interests and the
Constitution helps us guard against this.
The Constitution helps to protect us against certain decisions that we might take
that could have an adverse effect on the larger principles that the country believes in.
For example, it is possible that many people who live in a democracy might come to
strongly feel that party politics has become so acrimonious that we need a strong
dictator to set this right. Swept by this emotion, they may not realise that in the long
run, dictatorial rule goes against all their interests. A good Constitution does not allow
these whims to change its basic structure. It does not allow for the easy overthrow of
provisions that guarantee rights of citizens and protect their freedom.

The Indian Constitution: Key Features
1. Federalism: This refers to the existence of more than one level of government in
the country. In India, we have governments at the state level and at the centre.
Panchayati Raj is the third tier of government The vast number of communities in
India meant that a system of government needed to be devised that did not involve
only persons sitting in the capital city of New Delhi and making decisions for
everyone. Instead, it was important to have another level of government in the states
so that decisions could be made for that particular area. While each state in India
enjoys autonomy in exercising powers on certain issues, subjects of national concern
require that all of these states follow the laws of the central government. The
Constitution contains lists that detail the issues that each tier of government can make
laws on. In addition, the Constitution also specifies where each tier of government can
get the money from for the work that it does. Under federalism, the states are not
merely agents of the federal government but draw their authority from the Constitution
as well. All persons in India are governed by laws and policies made by each of
these levels of government.
2. Parliamentary Form of Government: The different tiers of government consist of
representatives who are elected by the people. Constitution of India guarantees
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universal adult suffrage for all citizens. When they were making the Constitution, the
members of the Constituent Assembly felt that the freedom struggle had prepared the
masses for universal adult suffrage and that this would help encourage a democratic
mindset and break the clutches of traditional caste, class and gender hierarchies. This
means that the people of India have a direct role in electing their representatives.
Also, every citizen of the country, irrespective of his/her social background, can also
contest in elections. These representatives are accountable to the people.
3. Separation of Powers: According to the Constitution, there are three organs of the
State. These are the legislature, the executive and the judiciary. The legislature refers
to our elected representatives. The executive is a smaller group of people who are
responsible for implementing laws and running the government. The judiciary, refers
to the system of courts in this country. In order to prevent the misuse of power by
any one branch of the State, the Constitution says that each of these organs should
exercise different powers. Through this, each organ acts as a check on the other
organs of the State and this ensures the balance of power between all three.
4. Fundamental Rights: The section on Fundamental Rights has often been referred to
as the conscience of the Indian Constitution. Colonial rule had created a certain
suspicion of the State in the minds of the nationalists and they wanted to ensure that
a set of written rights would guard against the misuse of State power in independent
India. Fundamental Rights, therefore, protect citizens against the arbitrary and absolute
exercise of power by the State. The Constitution, thus, guarantees the rights of
individuals against the State as well as against other individuals. Moreover, the various
minority communities also expressed the need for the Constitution to include rights that
would protect their group. The Constitution, therefore, also guarantees the rights of
minorities against the majority. As Dr. Ambedkar has said about these Fundamental
Rights, their object is two-fold. The first objective is that every citizen must be in a
position to claim those rights. And secondly, these rights must be binding upon every
authority that has got the power to make laws. In addition to Fundamental Rights, the
Constitution also has a section called Directive Principles of State Policy. This section
was designed by the members of the Constituent Assembly to ensure greater social
and economic reform, and to serve as a guide to the independent Indian State to
institute laws and policies that help reduce the poverty of the masses.
5. Secularism: A secular state is one in which the state does not officially promote
any one religion as the state religion.




6

What is Secularism?
The Indian Constitution allows individuals the freedom to live by their religious beliefs
and practices as they interpret these. In keeping with this idea of religious freedom
for all, India also adopted a strategy of separating the power of religion and the
power of the State. Secularism refers to this separation of religion from the State.
Why is it Important to Separate Religion from the State?
The most important aspect of secularism is its separation of religion from State
power. This is important for a country to function democratically. Almost all countries
of the world will have more than one religious group living in them. Within these
religious groups, there will most likely be one group that is in a majority. If this
majority religious group has access to State power, then it could quite easily use this
power and financial resources to discriminate against and persecute persons of other
religions. This tyranny of the majority could result in the discrimination, coercion and
at times even the killing of religious minorities. The majority could quite easily prevent
minorities from practising their religions. Any form of domination based on religion is in
violation of the rights that a democratic society guarantees to each and every citizen
irrespective of their religion. Therefore, the tyranny of the majority and the violation of
Fundamental Rights that can result is one reason why it is important to separate the
State and religion in democratic societies.
Another reason that it is important to separate religion from the State in
democratic societies is because we also need to protect the freedom of individuals to
exit from their religion, embrace another religion or have the freedom to interpret
religious teachings differently.
What is Indian Secularism?
The Indian Constitution mandates that the Indian State be secular. According to the
Constitution, only a secular State can realise its objectives to ensure the following:
1. that one religious community does not dominate another;
2. that some members do not dominate other members of the same religious
community;
3. that the State does not enforce any particular religion nor take away the religious
freedom of individuals.
The Indian State works in various ways to prevent the above domination. First, it
uses a strategy of distancing itself from religion. The Indian State is not ruled by a
religious group and nor does it support any one religion. In India, government spaces
like law courts, police stations, government schools and offices are not supposed to
display or promote any one religion.
The second way in which Indian secularism works to prevent the above domination is
through a strategy of noninterference. This means that in order to respect the
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sentiments of all religions and not interfere with religious practices, the State makes
certain exceptions for particular religious communities.
The third way in which Indian secularism works to prevent the domination listed earlier
is through a strategy of intervention. E.g Untouchability , this is a good example
where members of the same religion (upper-caste Hindus) dominate other members
(some lower castes) within it. In order to prevent this religion-based exclusion and
discrimination of lower castes, the Indian Constitution bans untouchability. In this
instance, the State is intervening in religion in order to end a social practice that it
believes discriminates and excludes, and that violates the Fundamental Rights of lower
castes who are citizens of this country. Similarly, to ensure that laws relating to
equal inheritance rights are respected, the State may have to intervene in the
religion-based personal laws of communities.
The intervention of the State can also be in the form of support. The Indian
Constitution grants the right to religious communities to set up their own schools and
colleges. It also gives them financial aid on a nonpreferential basis.

In what way is Indian secularism different from that of other democratic countries?
Some of the above objectives are similar to those that have been included in the
Constitutions of secular democratic countries in other parts of the world. For example,
the First Amendment of the U.S. Constitution prohibits the legislature from making laws
respecting an establishment of religion or that prohibit the free exercise of religion.
What is meant by the word establishment is that the legislature cannot declare any
religion as the official religion. Nor can they give preference to one religion. In the
U.S.A. the separation between State and religion means that neither the State nor
religion can interfere in the affairs of one another. There is one significant way in
which Indian secularism differs from the dominant understanding of secularism as
practised in the United States of America. This is because unlike the strict separation
between religion and the State in American secularism, in Indian secularism the State
can intervene in religious affairs. Indian Constitution intervened in Hindu religious
practices in order to abolish untouchability. In Indian secularism, though the State is
not strictly separate from religion it does maintain a principled distance vis--vis
religion. This means that any interference in religion by the State has to be based on
the ideals laid out in the Constitution. Theseideals serve as the standard through
which we can judge whether the State is or is not behaving according to secular
principles. The Indian State is secular and works in various ways to prevent religious
domination. The Indian Constitution guarantees Fundamental Rights that are based on
these secular principles. However, this is not to say that there is no violation of these
rights in Indian society. Indeed it is precisely because such violations happen
8

frequently that we need a constitutional mechanism to prevent them from happening.
The knowledge that such rights exist makes us sensitive to their violations and
enables us to take action when these violations take place.




























9




CHAPTER - 1
CONSTITUTIONAL DEVELOPMENT
IN INDIA
Constitution:
Constitution is a legally sanctified document, considering of the basic governing
principles of the State and sets out the framework and the principal functions
of the organs of the Government of a State.
There are various forms of Government prevalent across the world.
Constitution of a country gives idea about the basic structure of the political
system under which its people are to be governed.
The idea of Constitutionalism suggests way and means to work out a
governmental form, which exercises power and ensures, at the same time,
individual freedom and liberty.
Constitutionalism suggests a way for reconciling the power of the State with
individual liberty, by prescribing the principles of organising the State.
It defines the powers of the main organ of the State, demarcates their
responsibilities and regular their relationships with each other and with the
people.
Constitution serves as the Fundamental Law of a country; any other laws
made must be in conformity with it, in order to be legally endorsed.

Is the Constitution static?
A Constitution is an extension of the philosophical and organisational frameworks
into the future.
But a State has to face the challenges of changing social, economic and
political conditions in the society.
All living constitutions provide for procedures for introducing changes in the them
by means of amendments. So, the constitution is not static.

Written and unwritten constitutions
Constitutions of most countries came into existence as a result of a conscious
decision to have such a document. These are the written Constitution, which provide
institutional arrangements and procedures.
10

But, the laws and institutions of British Constitution have gradually evolved over the
centuries. The British Constitution is an unwritten Constitution. It comprises the
constitutional conventions that act as precedents for the working of institutions and
other documents such as the statutes and Acts of Parliament. Here the Parliament is
supreme, unlike the written Constitution where, the Constitution is supreme.

Constitutional Developments
The Indian administrative structure is largely a legacy of the British rule. The various
functional aspects such as public services, education system, political set-up,
recruitment, training, office procedures, districts administration, local administration,
police system, revenue administration, budgeting, auditing, and so on, have their roots
in the British rule.
The British rule in India can be divided into two phases- the Company rule till 1858
and the Crowns rule from 1858 to 1947.

Landmarks
The landmarks in the deve lopment of the
Constitution are:
Milestones
1687 The first Municipal Corporation in India was set up in Madras.
1772 Lord Warren Hastings created the office of District Collector.
1829 The office of the Divisional Commissioner was created by Lord William Bentick.
1859 The portfolio system was introduced by Lord Canning.
1860 A system of Budget was introduced.
1870 Lord Mayos resolution on financial decentralisation visualised the development
of local self-government institutions in India.
1872 First census in India was conducted during Lord Mayos period.
1881 First regular census was conductedduring the period of Lord Ripon.
1882 Lord Ripons resolution was hailed as the Magna Carta of local self
government. He is regarded as theFather of local self-government inIndia.
1905 The tenure system was introduced by Lord Curzen.
1905 The Railway Board was set up by aresolution of the Government of India.
1921 Public Accounts Committee was created at the Centre.
1921 Railway Budget was separated from the General Budget.
1935 Reserve Bank of India was established by an Act of the Central Legislature.



11

Regulating Act of 1773
This was the first step taken by the British Government to control and regulate the
affairs of the East India Company in India.
It designated the Governor of Bengal as the Governor-General of Bengal.
The first Governor-General was Lord Warren Hastings.
It subordinated the Governors of Bombay and Madras to the Governor-General of
Bengal.
The Supreme Court was established at Fort William (Calcutta) as the Apex Court
in 1774.

Pitts India Act of 1784
It was introduced to remove the draw backs of the Regulating Act.
Was named after the then British PrimeMinister.
Placed the Indian affairs under the direct control of the British Government.
Established a Board of Control over the Court of Directors.
Charter Act of 1833
It made the Governor-General of Bengal as the Governor-General of India.
First Governor-General of India was Lord William Bentick.
All civil and military powers were vested in him.
Governments of Bombay and Madras were deprived of their legislative powers.
This was the final step towards centralization in the British India.
The Act ended the activities of the East India Company as a commercial body.
Charter Act of 1853
The legislative and executive functions of the Governor-Generals Council were
separated.
It introduced a system of open competition as the basis for the recruitment of civil
servants of the Company.
Government of India Act of 1858
This Act transferred the Government,
territories and revenues of India from the East India Company to the British Crown.
In other words, the rule of Company was
replaced by the rule of the Crown in India.
The powers of the British Crown were to be exercised by the Secretary of State for
India.
The Secretary of State was a member of the British Cabinet.
He was assisted by the Council of India, having 15 members.
He was vested with complete authority and control over the Indian administration
through the Governor-General as his agent.
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He was responsible ultimately to the British Parliament.
The Governor-General was made the Viceroy of India.
Lord Canning was the first Viceroy o f
India.
Indian Council Act of 1861
It introduced for the first time the repetitive institutions of India.
It provided that the Governor-Generals
Executive Council should have some Indians as the non-official members while
transacting the legislative businesses.
Initiated the process of decentralisation by
restoring the legislative powers to the Bombay and the Madras President.
It accorded statutory recognition to the portfolio system.
India Council Act of 1892
Introduced the principle of elections but in an indirect manner.
Enlarge the functions of the Legislative Councils and gave the m the power of
discussing the Budget and addressing questions to the Executive.
Indian Councils Act of 1909
This Act is also known as the Morley- Minto Reforms (Lord Morley was the then
Secretary of State for India and Lord Minto was the then Governor-General of India).
It changed the name of the Central Legislative Council to the Imperial Legislative
Council.
Introduce d a system of communal representation for Muslims by accepting the
concept of separate electorate.
Lord Minto came to be known as the Father of Communal Electorate.
Government of India Act of 1909
This Act is also known as the Montague-
Chelmsford Reforms.
Montague was the then Secretary of State and lord Chelmsford was the then
Governor-General of India.
The Central subjects were demarcated and separated from those of the Provincial
subjects.
The scheme of dual governance, Dyarchy, was introduced in the Provincial
subjects.
The Act introduced, for the first time, bicameralism and direct elections in the
country.
The Act also required that the three of the six members of the Governor-Generals
Council (other than Commander-in-Chief) were to be Indians.

13

Government of India Act of 1935
The Act provided for the establishment of an All-India Federation consisting of the
Provinces and the Princely States as units.
The Act divided the powers between the Centre and the units in items of three
lists, namely the Federal List, the Provincial List and the Concurrent List.
The Federal List for the Centre consisted of 59items, the Provincial List for the
provinces consisted of 54 items and the Concurrent List for both consisted of 36
items.
The residuary powers were vested with the Governor-General.
The Act abolished the Dyarchy in the Provinces and introduced Provincial
Autonomy.
It provided for the adoption of Dyarchy at the Centre.
Introduced bicameralism in 6 out of 11 Provinces.
These six Provinces were Assam, Bengal, Bombay, Bihar, Madras and the United
Province.

Indian Independence Act of 1947
Till 1947, the Government of India functioned under the provinces of the 1919 Act
only. The provisions of 1935 Act relating to Federation and Dyarchy were never
implemented.
The Executive Council provided by the 1919 Act continued to advice the Governor-
General till 1947.
It declared India as an Independent and Sovereign State.
Established responsible Governments at both the Centre and the Provinces.
Designated the Governor-General of India and the provincial Governors as the
Constitutional Heads(normal heads).
It assigned dual functions (Constituent and Legislative) to the Constituent Assembly
and declared this dominion legislature as a sovereign body.
Framing of the Constitution of India
The Constitution of India was farmed and adopted by the Constituent Assembly of
India.
The Constitution Assembly was set up in November 1946 as per the Cabinet
Mission Plan of 1946.
The demand for the Constitution Assembly to draft the Constitution of India was, for
the first time, raised by the Congress in 1935.
The British Government accepted this demand, for the first time, in the August
Offer of 1940.
14

The seats were allocated to three communities- Muslims, Sikhs and General-in
proportion to their population.
There were a total of 389 members in the Constituent Assembly of which 296 were
elected by the members of the Provincial Assemblies and the rest were nominated by
the Princely States.
The Mountbatten Plan of June 3, 1947 announced the partition of the country and
a separate Constituent Assembly for the proposed State of Pakistan.
Consequently the members of the Constituent Assembly representing those areas
which were included in Pakistan. East Bengal, North-West Frontier Province (NWFP),
West Punjab, Sindh, Baluchistan, and Sylhet district of Assam, were no more
members of the Constituent Assembly of India.

Three Phases of the Constituent Assembly
i) 1st Phase: As Constituent Assembly under the limitations of Cabinet Mission, Plan
from 6
th
December 1946 to 14th August 1947.
ii) 2nd Phase: As Constituent Assembly, a
Sovereign body + Provisional Parliament from 15th August 1947 to 26th November
1949.
iii) 3rd Phase: As a Provisional Parliament from 27th November 1949 to March
1952.
North-West Frontier Province and Sylher
decided through a referendum to remain with Pakistan.
Therefore, the membership of the Constituent Assembly for India was reduced to
299 after partition.
Its first meeting was held on 9th December 1946, with Sachidanand Sinha as the
interim President.
On 11th December 1946, Dr. Rajendra Prashad was elected as the President of the
Constituent Assembly.
The historic Objective Resolution was moved in the Constituent Assembly by Pt.
Jawahar Lal Nehru on 13th December 1946.
The first meeting of Constituent Assembly was boycotted by the Muslim League.
Shri. B.N. Rau was appointed as the Legal
Advisor of the Constituent Assembly.
Dr. B.R. Ambedkar is rightly regarded as the Father of the Constitution of India.
The Constituent Assembly formed 13 important committees for framing the
Constitution.
The Drafting Committee of 7 members were appointed on 29 August 1947, with Dr.
B.R. Ambedkar as the Chairman.
15

The first draft of the Constitution was prepared in October 1947 and was published
in January 1948.
The Draft Constitution of India prepared by the Drafting Committee was submitted to
the President of the Assembly on 21 February 1948.
As many as 7,635 amendments were proposed and 2473 were actually discussed.
The clause-by-clause consideration of the Draft Constitution was taken up between
15 November 1948 and 17 October 1949.
On 26 November 1949, the people of India through the Constituent Assembly
adopted, enacted and gave to themselves the Constitution of India.
The Constitution was finally signed in by the members of the Constituent Assembly
on 24 January 1950, which was the last day of the Assembly.
The Constitution came into full operation with effect from 26 January 1950.
During this period, the Constituent Assembly acted as a Temporary Parliament [15
August 1947 26 November 1949]
The Constitution was approved by the members and was signed in by 284
members of the Constituent Assembly.
It is considere d to be the lengthiest Constitution in the world.
Originally, it had 22 Parts, 395 Articles and 8 Schedules.
The Constituent Assembly held 11 sessions.
The Draft Constitution was considered for 114 days. The Constituent Assembly took
2 years, 11 months and 18 days to frame the Constitution.
It cost the exchequer Rs. 6.4 crore.
The design of the National Flag was adopted by the Constituent Assembly on July
22, 1947.
The National Anthem was adopted by the Constituent Assembly on January 24,
1950.
The Constituent Assembly of India was converted into the provisional Parliament of
India on November 26, 1949.
The only State having constitution of its own is Jammu & Kashmir.
The first elections to the Parliament were held in 1952.
The first amendment to the Constitution was effected in 1951.
According to Article 394, provisions relating to the citizenship, eections, provisional
Parliament and temporary and temporary and ransitional provisions contained in Articles
5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 came into
force on the day of adoption (i.e. c26 November 1949) of the Constitution and the
remaining provisions of the Constitution came into being on the day of
the commencement (i.e. 26 January 1950) of the Constitution.
16

According to Article 395, the Government of India Act of 1935 and the Indian
Independence Act of 1947 got replace d with the commencement of the Constitution
of India.
January 26 was selected as the date of commencement of the Constitution of India
because on this date in 1930, Indian people observed Independence day, following
the resolution of Purna Swaraj of the Congress session held in the midnight of
December 31, 1929 at Lahore.
Constituent Assembly could not be called a sovereign body. It was established by
the British government and could be abolished by it. So its authority was limited, and
it worked within the framework of the Cabinet Mission Plan. These limitations were
nullified by the passing of the Indian Independence Act of 1947.



























17


























CONSTITUTIONAL BODIES
Provisions of the Constitution and Their Source
1. Independence of Judiciary ............................................................. USA Constitution
2. Judicial Review .............................................................................. USA Constitution
3. President as the Executive head ..................................................... USA Constitution
4. President as the Supreme Commander of the Armed Forces ........... USA Constitution
5. The Vice-President as the ex-officio Chairman of the Council of States ... USA Constitution
6. Fundamental Rights ...................................................................... USA Constitution
7. Preamble ....................................................................................... USA Constitution
8. Removal of Supreme Court and High Court Judges ........................ USA Constitution
9. Law making procedures .......................................... ........................ UK Constitution
10. Rule of Law .................................................................................... UK Constitution
11. System of single citizenship ............................................................ UK Constitution
12. Parliamentary system with ministerial responsibility ....................... UK Constitution
13. Federation with a strong Centre ................................................... Canadian Constitution
14. Distribution of powers between the Union and the State and placing residuary powers with the
Centre .................................................................................. Canadian Constitution
15. Directive Principles ......................................................................... Irish Constitution
16. Method of Election of the President ................................................ Irish Constitution
17. Nomination of members of the Rajya Sabha by the President ......... Irish Constitution
18. Emergency and its effect on Fundamental Rights ............. Weimar Constitution of Germany
19. The Concurrent List ............................................................ Australian Constitution
20. Provision regarding trade, commerce and intercourse .......... Australian Constitution
21. Constitutional Amendments ............................................. South African Constitution
22. Fundamental Duties .............................................................. Japanese Constitution
23. Republic ...................................................................................... French Constitution










18

ELECTION COMMISSION
Permanent and independent body
Article 324 of the Constitution provides that the power of superintendence,
direction and control of elections president of India and the office of Vice
president of India shall be vested in the election Commission.
Composition:
Chief Election Commissioner(CEC) + such number of other lection
commissioners, if any, as the president may from time to time fix.
Appointment: CEC + other election commissioner---- President

The condition of service and tenure of office of the election commissioners and
the regional commissioners shall be determined by president.

Now at present the election commission has been functioning as a multi-
member body consisting of three election commissioners.

The Chief election commissioner and the two other election commissioners have
equal powers and receive equal salary, allowances and other perquisites,, which
are similar to those of a judge of the Supreme Court.

They hold office for a term of six years or until they attain the age of 64
years, whichever is earlier.


INDEPENDENCE

The CEC is provided the security of tenure. He cannot be removed from his
office except in same manner and on the same grounds as a judge of the
Supreme Court.(resolution passed to that effect by both the Houses of
Parliament with special majority, either on the ground of proved misbehavior or
incapacity.
The service conditions of the CEC cannot be varied to his disadvantage after
his appointment.
Any other election commissioner or a regional commissioner cannot be removed
from office except on the recommendation of the CEC.
19

Some Imp Points:
The constitution has not prescribed the qualification of the members of the
Election Commission.
The constitution has not specified the term of the members of the EC.
The Constitution has not debarred the retiring election commissioners from any
further appointment by the government.
POWER AND FUNCTION:
Administrative, Advisory, Quasi-Judicial.
To determine the territorial areas of the electoral constituencies throughout the
country on the basis of the Delimitation Commission Act of Parliament.
Prepare and periodically review electoral rolls, notify the dates and schedules of
elections, grant recognition to political parties, allot election symbols to them.
Act as court of settling disputes related to granting of recognition to political
parties and allotment of election symbols to them.
To determine the code of conduct to be observed by the parties and the
candidates at the time of election.
To advise the president on matters relating to the disqualification of the
members of parliament.
To cancel polls in the event of rigging, booth capturing, violence and other
irregularities.
To supervise the machinery of elections throughout the country to ensure free
and fair elections.














20

UNION PUBLIC SERVICE COMMISSION
- Articles 315 to 323 in Part XIV of the Constitution contain elaborate provisions
regarding the composition, appointment and removal of members along with the
independence, powers and functions of the UPSC.
- COMPOSITION: Usually, the commission consists of nine to eleven members
including Chairman (app. By president), further no qualification are prescribed
for the commissions members of the commission should be such persons who
have held office for at least ten years either under the Government of India or
under the government of a state.
- Term of six years or until they attain the age of 65 years (resignation to
president).
- REMOVAL: president can remove the chairman if he is adjudged an insolvent,
engages, during his term of office, in any paid employment outside the duties
of his office, unfit to continue.