Isabella Carter
The Constitution of India came into effect on 26 January 1950. The Constituent Assembly, which was indirectly elected by the provincial legislatures, met for the first time in December 1946 and by November 1949, the draft constitution was approved. The constitution replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India.
| Characteristics | Values |
|---|---|
| Date Adopted by Constituent Assembly | 26 November 1949 |
| Date Constitution Came into Force | 26 January 1950 |
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What You'll Learn
The Constituent Assembly adopted the Constitution on 26 November 1949
The Constituent Assembly of India adopted the Constitution on 26 November 1949, and it came into effect on 26 January 1950. This was a significant moment in India's history, as it marked the country's transition from a dominion of the British Crown to a sovereign, democratic republic. The Constitution replaced the Government of India Act 1935 as the country's fundamental governing document.
The process of drafting the Indian Constitution began in 1946 with the election of the Constituent Assembly. The Assembly was composed of representatives from various political parties, including the Congress Party, the Muslim League, the Scheduled Caste Federation, the Indian Communist Party, and the Union Party. The Assembly first met in December 1946 and began the task of drafting the Constitution.
The drafting process was led by a Drafting Committee, chaired by Dr. B. R. Ambedkar, which completed its work on 26 November 1949. The date is therefore known as Constitution or National Law Day. The Constitution was signed by the members of the Assembly on 24 January 1950, and it came into force two days later.
The Indian Constitution is one of the longest and most detailed in the world, with 395 articles and 10 appendices called schedules. It has been amended over 90 times, making it one of the most frequently amended constitutions globally. The Constitution establishes a federal system of government with a parliamentary form, drawing on the British model, and guarantees fundamental rights to its citizens.
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The Constitution came into force on 26 January 1950
The Indian Constitution came into force on 26 January 1950, replacing the Indian Independence Act 1947 and the Government of India Act 1935 as the country's fundamental governing document. This date is celebrated annually in India.
The Constituent Assembly for undivided India first met on 9 December 1946. The Assembly was indirectly elected by the provincial legislatures, comprising 278 representatives and 15 women. The Congress Party held the majority, with 208 seats, followed by the Muslim League with 73 seats.
The Drafting Committee, chaired by Dr B. R. Ambedkar, completed its work on 26 November 1949, which is now known as Constitution or National Law Day. The Constituent Assembly adopted the Constitution on this date, and the members signed the document on 24 January 1950. The final document was drafted in English and Hindi and drew upon the constitutions of several other countries.
The Constitution established India as a sovereign, democratic republic, with a parliamentary form of government and a federal structure. It provided for a parliamentary system with a Council of Ministers, headed by the Prime Minister, to aid and advise the President. The President is the constitutional head of the Executive of the Union.
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The Constituent Assembly first met in December 1946
The Constituent Assembly of India first met on 9 December 1946, at 11 am in New Delhi. It acted as independent India's first Parliament and its primary mandate was to draft a Constitution for India. The Assembly was formed following elections held in 1946, in which the Indian National Congress won 208 seats (69%) and the Muslim League 73. The Congress Party dominated the Assembly, with 208 members, while the Muslim League held almost all the seats reserved for Muslims.
The Constituent Assembly was conceived and created by V. K. Krishna Menon, who first outlined its necessity in 1933. The official demand for a Constituent Assembly was raised in 1936 and was accepted by the British in August 1940. This agreement, known as the August Offer, allowed Indians to draft their Constitution. The Assembly was initially made up of 389 members, which later decreased to 299 after the partition of India and Pakistan. The members were elected by the members of the provincial assemblies by a single transferable vote of proportional representation. Sachchidananda Sinha, the oldest member, was elected the first Chairman (temporary) of the Assembly. Later, Dr Rajendra Prasad was elected President, with Harendra Coomar Mookerjee as Vice President. B N Rau was appointed as the Constitutional Advisor.
In the first meeting, the Muslim League members boycotted, demanding a partition. The Objective Resolution was presented by Jawaharlal Nehru on 13 December 1946 and adopted by the Assembly in January 1947. This resolution laid down the underlying principles of the Constitution and became its Preamble. The Constituent Assembly became the Provisional Parliament of India after 26 January 1950, until 1952, when the first general elections were held.
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The Constitution replaced the Government of India Act 1935
The Constitution of India came into effect on 26 January 1950, replacing the Government of India Act 1935 as the country's fundamental governing document. This Act had been a milestone in the development of a responsible constitutional government in India, but Indian leaders were not enthusiastic about it. Despite granting provincial autonomy, the governors and viceroy retained considerable 'special powers'. The Act also introduced separate communal electorates, which were a way to ensure the Congress Party could never rule alone and to keep the people divided.
The Government of India Act 1935 laid down a federal form of government for India and ended the system of diarchy introduced by the 1919 Act. It provided for the establishment of a Federation of India, which was to be made up of provinces of British India and some or all of the Princely States. However, the required number of princely states did not join, so the provisions regarding the federation were not implemented. The Act also divided powers between the centre and the provinces, with three lists giving the subjects under each government. While the Federal Legislature could make laws on Federal subjects, the Provincial Legislatures had jurisdiction over subjects of local interest.
The Constitution of India was adopted by the Constituent Assembly on 26 November 1949. It espouses constitutional supremacy and was adopted with a declaration in its preamble. It became effective on 26 January 1950, when India ceased to be a dominion of the British Crown and became a sovereign, democratic republic. The Dominion of India became the Republic of India, and the country's new constitution served as its fundamental governing document.
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The Constitution has been amended over 90 times
The Indian Constitution came into effect on 26 January 1950, and has since been amended over 90 times. The latest amendment, the 105th Amendment Act, was passed in 2021. This amendment clarified that the states can maintain the "state list" of OBCs.
The Indian Constitution does not contain a provision to limit the powers of Parliament to amend the Constitution. However, the Supreme Court held that certain features of the Constitution are integral and cannot be removed. This is known as the 'Basic Structure' Doctrine.
The process of amending the Constitution varies depending on the type of change required. If a bill seeks to amend the federal provisions of the Constitution, it must be ratified by the legislatures of half of the states by a simple majority. Once passed by both Houses of Parliament and ratified by state legislatures, the bill is presented to the President for assent.
The Right to Education Act, which provides for free and compulsory education for children between the ages of six and fourteen, was passed by the Indian Parliament in 2009 and came into force on 14 November 2009. This was inserted into the Constitution by the 86th Constitutional Amendment Act, 2004.
The Constitution is not a rigid set of rules but a way of life, and its provisions are stated generally so they can be adapted to changing times. For instance, the Right to Life under Article 21 has evolved to include the Right to a speedy trial, Right to water, Right to livelihood, Right to health, and Right to education.
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Frequently asked questions
The Constitution of India came into effect on 26 January 1950.
Yes, the Constituent Assembly was indirectly elected by the provincial legislatures. It first met in December 1946 and by November 1949, the draft constitution was approved.
The Constituent Assembly's goal, as expressed by Jawaharlal Nehru, was to "free India through a new constitution, to feed the starving people, and to clothe the naked masses, and to give every Indian the fullest opportunity to develop himself according to his capacity."
With the Constitution, India ceased to be a dominion of the British Crown and became a sovereign, democratic republic.
The Indian Constitution has 395 articles.
