CONSTITUTIONAL DESIGN

Summary of the Chapter

Nelson Mandela, the leader of African National Congress was sentenced for life
imprisonment in 1964 along with other seven members of his party.
 Nelson Mandela spent 28 yeas in jail in South Africa’s most dreaded prison, Robben Island.
 Mandela struggled against the policy of ‘apartheid’ (policy of racial deserimination) practiced
and followed by the whites in South Africa.
 In South Africa majority (3/4th) of population was blacks, while the while were in the minority
but they were the rulers. Besides them there were the people of mixed races called
‘coloured’.
 The non-whites did not have voting rights in South Africa.
 The discriminated sections had started struggle against whites in 1950.
 ANC was an umbrella organisation (as many organisation joined under ANC)
 Nelson Mandela was released from the jail at the midnight of 26 April 1994.
 A constitution is a book of laws according to which a country is governed.
 A constitution has many functions
(a) it generates a degree of trust and coordination among the people.
(b) it specifies how the government will be constituted and ruled.
(c) it lays down limits on the powers of the government.
(d) it expresses the aspiration of the people about creating a good society.

MAKING OF THE INDIAN CONSTITUTION

 For the first time in 1928 Motilal Nehru and eight other congress leaders drafted a
constitution for India.
 In 1931, the resolution of Karachi session of INC dwelt on how independent India’s
constitution should look like.
 The idea to have a constitution was given by M.N. Roy first.
 Indian Constitution was drafted by the Constituent Assembly.
 Election for the representative of Constituent Assembly held in July 1946 under the proposal
of Cabinet Mission.
 First meeting of Constituent Assembly held on 9th December 1946 and Muslim League
boycotted it.
 Initially there were 389 members in the Constituent Assembly but after partition, the number
of members in CA remained 299.
 The Assembly adopted the constitution on 26th Nov 1949 but constitution came into force on
26 January 1950.
 To mark this 26th day of January we celebrate January 26 as Republic Day.
 It took 2 years 11 months and 18 days to complete the constitution.
 On the draft of the constitution debate took place for 114 days.
 Originally there were 395 articles, 8 schedules and 22 chapters in the constitution.
 Presently there are 471 articles 12 schedule and 25 chapters in the constitution.
 Drafting committee was the most important of all the nine committees of the constitution.
It worked under the chairmanship of B.R. Ambedkar.
 Dr. Rajendra Prasad was the President of the Constituent Assembly and was elected as the
first president of India later on.

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 Preamble to the constitution is called the key to the constitution.
 Mahatma Gandhi was not the member of the Constituent Assembly.
 First amendment in the constitution took place in 1951 and more than 100 amendments
have already taken place in our constitution.
 Our constitution is the lengthiest constitution of the world and is called the ‘Bag of
borrowings’.
 The constitution of USA is the shortest in the world.
 Amendment 42, (1976) is called ‘Mini Constitution’ as the constitution was substantially
amended in it. In our preamble ‘Socialist, secular and integrity’ words were added through
this amendment.
 In 1978, under 44th amendment the number of Fundamental Rights reduced to 6 from 7 as
the right to property was excluded from the list and was made legal right under Article 300
A.
 Our constitution has borrowed many things from the following sources:

SOURCES OF THE CONSTITUTION OF INDIA

 The Government of India Act, 1935 formed the basis or ‘blue print’ of Constitution of India
with the features of Federal systems, Office of Governor etc. Besides, the Constitution of
India has borrowed from foreign constitution.
 British Constitution: First part of the Post System, Parliamentary from of Government, the
idea of the rule of Law, Law making procedure, office of the CAG, Single Citizenship.
 United States Constitution: Charter of Fundamental Rights, Power of Judicial Review and
Independence of Judiciary, Written Constitution, Preamble.
 Irish Constitution: Directive Principles of State Policy (Ireland borrowed it from Spain),
Methods of Election of the President, Nomination of Members in the Rajya Sabha by the
President.
 Canadian Constitution: A Quasi-Federal form of Government (a federal system with a
strong central government). The idea of residual powers.
 Former USSR: Fundamental Duties and Five Year Planning.
 Australian Constitution: Concurrent List, Provision regarding Trade, Commerce and
Intercourse, Languages of the Preamble.
 Weimar Constitutions of Germany: Suspension of Fundamental Rights during the
emergency.
 South African Constitution: Procedure of Constitutional Amendment.
 Constitution of France: Republic, Liberty, Equality and Fraternity.

1. Rajendra Prasad

(1884 – 1963) born: Bihar. Chairman of the Constituent Assembly. Lawyer, known for his role in the
Champaran satyagraha. Three times the president of Congress. Later, the first President of India.

2. Jaipal Singh

(1903 – 1970) born: Jharkhand. A sportsman and educationist. Captain of the first National Hockey
Team. Found President of Adivasi Maha Sabha. Later founder of Jharkhand Party.

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3. H.C. Mookherjee

(1887 – 1956) born: Bengal. Vice – Chairman of the Constituent Assembly. Reputed author and
educationist. Congress leader. Member of all India Christian Council and Bengal Legislative
Assembly. Later, Governor of West Bengal.

4. G. Durgabai Deshmukh

(1909 – 1981) born: Andhra Pradesh. Advocate and public activist for women’s emancipation.
Founder of Andhra Mahila Sabha. Congress leader. Later, Founder Chairperson of Central Social
Welfare Board.

5. Baldev Singh

(1901 – 1961) born: Haryana. A successful entrepreneur and leader of the Panthic Akali Party in the
Punjab Assembly. A nominee of the Congress in the Constituent Assembly. Later, Defence Minister
in the Union Cabinet.

6. Kanhaiyalal Maniklal Munshi

(1887 – 1971) born: Gujarat. Advocate, historian and linguist. Congress leader and Gandhian.
Later, Minister of the Union Cabinet. Founder of the Swatantra Party.

7. Bhimrao Ramji Ambedkar

(1891 – 1956) born: Maharashtra. Chairman of the Drafting Committee. Social revolutionary thinker
and agitator against caste divisions and caste based inequalities. Later, Law minister in first cabinet
of post – independence India. Founder of Republican party of India.

8. Shyama Prasad Mukherjee

(1901 – 1953) born : West Bengal. Minister of Industry and Supply in the Interim Government.
Educationist and lawyer. Active in Hindi Mahasabha. Later, Founder President of Bhartiya
Jansangh.

9. Jawaharlal Nehru

(1889 – 1964) born: Uttar Pradesh. Prime Minister of the interim government. Lawyer and Congress
leader. Advocate of socialism, democracy and anti – imperialism. Later, First Prime Minister of India.

10. Sarojini Naidu

(1879 – 1949) born: Andhra Pradesh. Poet, writer and political activist. Among the foremost women
leader in the Congress. Later, Governor of Uttar Pradesh

11. Somnath Lahiri

(1901 – 1984) born: West Bengal. Writer and editor. Leader of the Communist Party of India. Later,
Member of West Bengal legislative Assembly.

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