Evolution of the Constitution of

India

1946-1950
 Framing of the constitution
☼Constituent Assembly came into existence in November 1946 – out of
296 seats Congress won 211 and Muslim League 73.
☼It became a sovereign body under the Indian Independence Act of 1947
free from the controls of British Government and Cabinet Mission Plan
☼First Meeting of CA held on 9 November 1946 – Dr. Sachidananda Sinha
The Oldest member became the first president and subsequently on 11
November 1946 Dr. Rajendra Prasad was elected as the permanent
Chairman of the CA
☼Muslim league boycotted the Assembly.
☼Objectives resolution was moved by Pandit Jawaharlal Nehru
☼Various Committees were appointed. Sir B.N. Rao Constitutional Advisor
to the Constituent Assembly . Drafting Committee was appointed during
August, 1947 with seven member – Dr. Ambedkar was the chairman.
☼During January 1948, the draft constitution was published for public
debate.
☼2years, 11 months and 18 days – Rs.64 lakhs – sessions for 114
days - eminent people were involved.
☼Enacted and adopted on 26th November, 1949 – came into
force 26th January 1950.
☼Certain Articles like, 5, 6, 7, 8, 9, 60, 324, 366, 372, 380, 388,
391, 392, 393 came into force on 26th November 1949 itself –
transitory provisions. The rest of the constitution came into
force on 26th January 1950.
☼Criticized - ‘a patch work constitution’ – suffered from
western philosophy, thus ‘un-Indian’ – but considered
homogeneous patch work.
☼Parliamentary system from England; federal features and
distribution of powers from G I Act,1935 which in turn took
from Canada; Fundamental Rights primarily from US; DPSP
from Irish Constitution; Trade and Commerce from Australia;
diluted form of ‘due process clause from Japan. Sir B. N. Rao
was specifically sent abroad.
 Emergency powers of German Reich.
 GI Act, 1935 had vital impact on framing the Constitution.
 Adopted parliamentary system – familiarity and responsibility
weighed more than stability. – Preferred President/governor as
executive head – Same structure in the Centre and the states -
Universal adult suffrage adopted.
 Diluted federal feature were adopted– Ambedkar’s statement
confirms the same – supremacy of the Union was preferred.
 Preferred ‘Union of States”
 Dichotomy between enforceable and unenforceable rights
 Provisions for linguistic harmony
 Amendability of the constitution far from rigid – Nehru’s
statement confirms the same.
 Single citizenship
 Single hierarchy of courts
 Secular principles – mixed economy
Middle path is adopted
 The salient features include
1. Lengthiest written constitution
2. Sovereign, socialist, Secular, Democratic republic –
Parliamentary type of democracy
3. Blend of rigidity and flexibility
4. Generally federal – division of powers
5. Inviolability of Fundamental right and enforcement
6. Provision for socio economic rights – DPSP
7. Fundamental duties
8. Single hierarchy of courts – independent judiciary- judicial
activism
9. Emergency provisions
10. Integration of services
11. Single citizenship

08/01/2022 Prof. Dr. T.V. Subba Rao

Composed by Rabindranath Tagore, the song Jana Gana Mana was
first sung on December 27, 1911 at the Calcutta session of the Indian
National Congress. On January 24, 1950, the Constituent Assembly
adopted the song as the National Anthem of India.