Chapter – 1 : History of Making Of the Indian Constitution

Introduction

The Constitution of India is the supreme law of India. It frames fundamental political principles, procedures,
practices, rights, powers, and duties of the government. It imparts constitutional supremacy and not
parliamentary supremacy, as it is not created by the Parliament but, by a constituent assembly, and
adopted by its people, with a declaration in its preamble. Parliament cannot override it.

The world’s longest constitution is the Indian’s constitution. At its commencement, it had 395 articles in 22
parts and 8 schedules. It consists of approximately 145,000 words, making it the second largest active
constitution in the world. Currently, it has a preamble, 25 parts with 12 schedules, 5 appendices, 448 articles,
and 101 amendments.

A) History

Among the many foreign countries, the Portuguese were the first to visit India. Gradually the Dutch, the
French and the British merchants became the rivals of the Portuguese in India. The British came to India
in 1600 as traders under the name of the East India Company. After defeating the rivals the British
became rulers in India. They followed a policy of conquest, annexation and consolidation in India.
Initially, they were busy with trade and commerce only. But, after the death of Aurangzeb in 1707 the
British Company took some active interest in the Political matters in India. Their imperialistic attitude to
rule India became clear after the Battle of Plassey in 1757. In this battle British defeated Siraj-Ud-
Daulah, Nawab of Bengal. The Battle of Buxar (1764) and the annexation of Punjab (1849) completed
the task of British imperialism in India.

Thus, by the middle of nineteenth Century most of India was controlled by the British, either directly by
the East India Company or through the system of treaties and alliances with the Princely States. During
this period certain measures of constitutional reforms were introduced. During the reign of Warren
Hastings, the Regulating Act (1773) and Pitts India Act (1784) were passed.

The constitution of India was adopted on the 26th of November, in the year 1949. However, it came to
effect on the 26th of January, 1950. 26th of January is celebrated as the Republic Day of India.

It was adopted by the Constitution Assembly. Dr. B. R. Ambedkar, the chairman of the Drafting Committee,
is widely considered to be the architect of the Constitution of India. After, the adoption of the constitution,
The Union of India became the contemporary and modern Republic of India

B) Drafting Committee, (Composition and Working)

The Drafting Committee was one of the eight major committees appointed by the Constituent
Assembly ( Proposed by M.N.Roy ) headed by Dr.B.R.Ambedkar.
 It was set up on August 29, 1947 to prepare a draft of the new Constitution for India. It's members
included-:

Dr.B.R.Ambedkar

N.Gopalaswamy Ayyangar

A. Krishnaswamy Ayyar

Dr.K.M. Munshi

Syed Mohammad Saadullah

N.Madhava Rau( Replaced B.L.Mitter )

T.T.Krishnamachari ( Replaced D.P.Khaitan )

A Draft Constitution was prepared by the committee and submitted to the Assembly on November
1947. A Draft constitution was debated and over 2000 amendments were moved over a period of
two years.
Finally on 26 Nov. 1949, the process was completed and the Constituent assembly adopted the
constitution. 284 members signed the document and the process of constitution making was
complete.
The Drafting Committee prepared the first Draft of the constitution. This was then circulated for the
comments of jurists, lawyers, judges and other public men.
In the light of this criticism Drafting Committee prepared a second draft which consisted of 315
Articles and 9 Schedules.
The second Draft was placed before the Constituent Assembly in Feb, 21-1948. The Draft was then
considered clause by clause by the Assembly.
The third reading commenced on Nov-14 and was finished on Nov-26, 1949. On this date the
constitution received the signature of the President of the Assembly and was declared as passed. It
had taken 2 years 11 months and 18 days to complete the task.

MAKING OF THE INDIAN CONSTITUTION

For the formulation of the constitution of a state, a Constituent Assembly is

necessary. The demand for formulation of a Constituent Assembly was first raised by
M.N.Roy in 1934. The Swarajist Party claimed a representative Constituent Assembly,
representing all sections of the Indian people to frame an acceptable Constitution.

The Constituent Assembly for drafting the Constitution of India was constituted
under the Cabinet Mission Plan, 1946. The members of the Constituent Assembly
were indirectly elected, but it was a highly representative body.
The first meeting of the Constituent Assembly was held on 9th December, 1946. The
Chairman of the Constituent Assembly was Dr. Rajendra Prasad. To draft the Indian
Constitution, a Drafting Committee was constituted by the Constituent Assembly
with seven members under the chairmanship of the Dr. B. R. Ambedkar. The
Constituent Assembly constituted different Committees to deal with different
aspects of the Constitution.

Jawaharlal Nehru on 13 December, 1946 moved the ‘Objective Resolution’ which

contained the main objectives that were to guide the deliberations of the Assembly.
In 1948, the first draft of the Constitution was submitted by Drafting Committee to
the Constituent Assembly. Discussions were held on that draft of the Constitution.
Many suggestions were also made by the people on that draft. A draft was prepared
incorporating the required amendments, which were suggested by the people. The
final draft of the Constitution was presented before the Constituent Assembly on
November 3, 1949. The President of the Constituent Assembly was put his signature
and finally on 26th November, 1949, the Constitution of India was adopted and on
26th January, 1950, it came into force in all over India except Jammu and Kashmir.