Isabella Carter
The Indian Constitution, the country's highest law, was framed by a Constituent Assembly set up under the Cabinet Mission Plan of 1946. The Assembly, which was elected by the members of the Provincial Legislative Assembly, held its first meeting on December 9, 1946, and elected Dr Sachhidannand Sinha as the Provisional President. The Constitution was drafted between December 9, 1946, and November 26, 1949, and was completed two months later, on January 26, 1950, which is celebrated as India's Republic Day. The Constituent Assembly, headed by Dr Bhimrao Ambedkar, included representatives from undivided India, and its members signed the Constitution on November 26, 1949. The Indian Constitution establishes the framework for the political, social, and economic aspects of the nation, and enshrines essential rights like equality, liberty, and justice.
| Characteristics | Values |
|---|---|
| Date of first proposal for a Constituent Assembly | 1934 |
| Date of Indian National Congress's official demand for a Constituent Assembly | 1935 |
| Date of Jawaharlal Nehru's declaration that the Constitution of free India must be framed without outside interference | 1938 |
| Date of the British Government's acceptance of the demand for a Constituent Assembly | 1940 |
| Date of the British Government's draft proposal for the framing of an independent Constitution to be adopted after World War II | 1942 |
| Date of the Cabinet Mission Plan under which the Constituent Assembly was constituted | 1946 |
| Date of the Constituent Assembly's first meeting | December 9, 1946 |
| Date of the Constituent Assembly's reassembly as the sovereign Constituent Assembly for the Dominion of India | August 14, 1947 |
| Date of the Partition under the Plan which led to the creation of a separate Constituent Assembly for Pakistan | June 3, 1947 |
| Date of the Constituent Assembly's reassembly following the Partition | October 31, 1947 |
| Date of the completion of the drafting of the Indian Constitution | November 26, 1949 |
| Date of the ratification of the Indian Constitution | January 26, 1950 |
| Person appointed as the Assembly's Constitutional Adviser | Dr. Sachhidannand Sinha |
| Person known as the "father of the constitution" | Dr. B.R. Ambedkar |
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What You'll Learn
The Constituent Assembly
The demand was accepted in principle by the British Government in the 'August Offer' of 1940. In 1942, Sir Stafford Cripps, a member of the cabinet, came to India with a draft proposal from the British Government on the framing of an independent Constitution to be adopted after World War II. The Constituent Assembly was constituted under the Cabinet Mission Plan of 1946 to frame a Constitution for India. The Assembly, which had been elected for undivided India, held its first sitting on December 9, 1946, and elected Dr Sachhidannand Sinha, its oldest member, as the Provisional President.
On May 16, 1946, the Cabinet Mission revealed its proposed constitutional framework, which was approved by the Muslim League on June 16. The Assembly reassembled on August 14, 1947, as the sovereign Constituent Assembly for the Dominion of India. It was elected by an indirect election by the members of the Provincial Legislative Assembly (Lower House only), with 292 members elected by the Provinces and a maximum of 93 seats allotted to the Indian States. The seats in each province were distributed among the three main committees (Muslim, Sikh, and General) in proportion to their respective populations.
On October 31, 1947, the Constituent Assembly reassembled again with a reduced membership of 299 following the Partition of India and the creation of a separate Constituent Assembly for Pakistan. On November 26, 1949, 284 members appended their signatures to the Constitution as finally passed. The Constituent Assembly framed the Indian Constitution, which was drafted by a team under the direction of Dr B.R. Ambedkar. The original Constitution was written by Prem Behari Narain Raizada in a flowing italic style, with the calligraphy of the Hindi version done by Vasant Krishan Vaidya. The Constitution was completed on January 26, 1950, which is observed as India's Republic Day.
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Drafting process
The Indian Constitution was drafted between December 9, 1946, and November 26, 1949, and was completed on January 26, 1950, India's Republic Day. The Constituent Assembly, constituted under the Cabinet Mission Plan of 1946, was responsible for the drafting process. The Assembly, elected by the members of the Provincial Legislative Assembly (Lower House only), first sat on December 9, 1946, and elected Dr Sachhidannand Sinha, its oldest member, as the Provisional President.
The Assembly reassembled on August 14, 1947, as the sovereign Constituent Assembly for the Dominion of India, following the Partition. The membership of the House was reduced to 299, with 284 members present on November 26, 1949, signing the Constitution as it was passed. The Constituent Assembly was tasked with framing a Constitution that suited India's socio-political situation.
The drafting process was led by Dr B.R. Ambedkar, who is known as the "father of the constitution". The team working under his direction crafted a document that enshrined essential rights like equality, liberty, and justice, reflecting the goals of a democratic and diverse country. The Constitution also established the framework for the political, social, and economic aspects of the nation.
The Indian Constitution was not just a legal document but a foundational text for governance and the legal system in India. It was influenced by historical milestones such as the Charter of 1833, which centralised the administration under the Governor-General of India, and the Indian Government Act, 1935, which is regarded as the fundamental framework of the Indian Constitution. This Act introduced federalism and defined the boundaries of authority between the federal government and the provinces. The 1935 Act also created the position of Governor and outlined the organisational structure of the Public Service Commission.
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Influences and foundations
The Indian Constitution is the country's fundamental legislation, establishing the structure of the state and government and outlining the duties and authority of the state's agencies. It is also a foundational document for India's governance and legal system. The Constituent Assembly, constituted under the Cabinet Mission Plan of 1946, was responsible for framing the Indian Constitution. The Assembly first sat on 9 December 1946 and was made up of 292 members elected by the Provincial Legislative Assemblies, with a maximum of 93 seats for Indian States.
The Indian Constitution was influenced by the country's historical context, including the British presence in India and the subsequent independence movement. The Regulating Act of 1773 and Pitt's India Act of 1784 laid the foundation for the British government in India and influenced the country's legal framework. The Charter of 1833 was also significant, as it centralised the administration under the Governor-General of India and introduced the Law Commission, shaping the role of the British Parliament in Indian administration. The Government of India Act, 1935, was the final constitution passed by the British Parliament before India's independence and is considered the fundamental framework of the Indian Constitution. It established federalism, defined the boundaries of authority between the federal government and the provinces, and created the position of Governor.
The idea of a Constituent Assembly for India was first proposed in 1934 by M.N. Roy, an advocate of radical democratism. In 1935, the Indian National Congress (INC) officially demanded a Constituent Assembly to frame the Constitution of India. In 1938, Jawaharlal Nehru declared on behalf of the INC that the Constitution of free India must be framed by a Constituent Assembly elected on the basis of adult franchise. The British Government accepted this demand in principle in the 'August Offer' of 1940. In 1942, Sir Stafford Cripps brought a draft proposal for the framing of an independent Constitution to be adopted after World War II.
The Indian Constitution also took certain features from the constitutions of other countries. The Constituent Assembly played a significant role in shaping the Indian Constitution, with Dr B.R. Ambedkar, known as the "father of the constitution", leading a team that drafted the document. The Constitution was ratified on 26 January 1950, India's Republic Day, and it established a framework for the political, social, and economic aspects of the nation, enshrining essential rights like equality, liberty, and justice.
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Ratification
The Indian Constitution, the country's highest law, was ratified on January 26, 1950, marking the completion of the drafting process that began on December 9, 1946. This date is celebrated as India's Republic Day. The Constituent Assembly, formed under the 1946 Cabinet Mission Plan, was responsible for drafting the Constitution, which was written in a flowing italic style by calligrapher Prem Behari Narain Raizada. The Assembly, elected by indirect election, held its first meeting on December 9, 1946, and elected Dr Sachhidannand Sinha, its oldest member, as the Provisional President.
The Indian Constitution establishes the framework for the political, social, and economic aspects of the nation, reflecting the goals of a democratic and diverse country. It enshrines fundamental rights, such as equality, liberty, and justice, and guarantees the preservation of individual liberties. The Constitution also specifies the duties and authority of the state's agencies, enforces restrictions on the state, and governs the interaction between the state and its citizens.
The process of drafting the Indian Constitution was influenced by various historical events and legislative acts, including the Regulating Act of 1773 and Pitt's India Act of 1784, which laid the foundation for British rule in India. The Charter of 1833 centralised the administration under the Governor-General of India and introduced the Law Commission, shaping the British Parliament's role in Indian governance. The Government of India Act, 1935, the last constitution enacted by the British Parliament before India's independence, significantly shaped the Indian Constitution by introducing the separation of powers between federal and state governments and establishing federalism as a fundamental principle.
The idea of a Constituent Assembly for India was first proposed in 1934 by M.N. Roy, an advocate of radical democratism. In 1935, the Indian National Congress (INC) officially demanded a Constituent Assembly to frame the Constitution of India, a demand accepted in principle by the British Government in the 'August Offer' of 1940. The Assembly, initially constituted for undivided India, reassembled on August 14, 1947, as the sovereign Constituent Assembly for the Dominion of India following the Partition. The representatives of the provinces that joined Pakistan ceased to be members of the Indian Constituent Assembly, leading to a reduction in the Assembly's membership.
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Amendments
The Indian Constitution is the country's fundamental legislation and highest law, providing the framework for the political, social, and economic aspects of the nation. It was drafted by a Constituent Assembly set up under the Cabinet Mission Plan of 1946 and took three years to complete, from December 9, 1946, to November 26, 1949, with some final touches added in January 1950. The Constituent Assembly, which had been elected for undivided India, held its first sitting on December 9, 1946, and reassembled on August 14, 1947, as the sovereign Constituent Assembly for the Dominion of India.
The Indian Constitution allows for amendments, but the process is carefully outlined to ensure the integrity of the document. The procedure for amendment is as follows:
- Any amendment to the Constitution must be passed by a majority of the total membership of each House of Parliament as well as by a majority of not less than two-thirds of the members of each House present and voting.
- The amendment must be presented to the President for their consideration; if they assent, the amendment becomes law.
- If the President does not give their assent, the amendment must be passed again by each House, this time by a majority of at least two-thirds of the members present and voting. If this occurs, the amendment becomes law even without the President's assent.
The Supreme Court has also played a role in defining the limits of constitutional amendments. In the 1964 case of State of Rajasthan v. Sajjan Singh, Justice JR Madholkar dissented from the original stance that any part of the Constitution could be amended as long as it complied with Article 368. The decisive decision in the 1973 Kesavananda Bharati vs State of Kerala proceedings affirmed that the Parliament's ability to amend the Constitution is not unrestricted. Specifically, it held that the Constitution cannot be amended to affect its essential framework, including the fundamental rights enshrined therein.
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Frequently asked questions
The Constituent Assembly was formed for the purpose of writing a constitution for independent India. It was constituted under the Cabinet Mission Plan of 1946 and held its first meeting on 9 December 1946.
The Constituent Assembly was responsible for drafting the Constitution of India. It was elected by the members of the Provincial Legislative Assembly and held eleven sessions over a 165-day period.
The drafting process involved the formation of several committees, including the Advisory Committee on Fundamental Rights, Union Powers Committee, and Provincial Constitution Committee. These committees submitted reports to the Constituent Assembly, which were discussed and deliberated upon. The Drafting Committee then revised the draft Constitution, making changes and submitting the final version to the President of the Constituent Assembly. The draft Constitution was then introduced to the Assembly and circulated among the public for comments and suggestions.
The Indian Constitution is the supreme legal document of India and the longest written national constitution in the world. It lays down the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out the fundamental rights and directive principles of citizens. It is a social document, worded in generalities to ensure its flexibility and interpreted in the existing social and political context.
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