The Making of the Constitution

• 1928-Nehru Report (Motilal Nehru), Sir Tej Bahadur Sapru and Jay Kar demanded first the dominion status for India
• 1929-Jinna 14 Points
• 1933-PAKSTAN (P-Punjab, A-Afghanistan, K-Kashmir, S-Sindh and TAN- Baluchistan) was coined by Choudhary Rahmat Ali-1933
• 1934-M.N. Roy Idea of the C.A.
• 1935-INC demanded C.A. to frame Indian Constitution.
• 1940-Demand of CA accepted in principle in August Offer.
• 1942-Cripps Proposal for Constitution rejected.
• 16 Aug 1946-Direct Action Day-Leader-Jinna, Started-Kolkata, End-Mumbai
• 1946-Cabinet Mission Plan (CMP) accepted by all parties. (Lord Patrick Lawrence, Sir Stafford Cripps, A V Alexander). CMP rejected two C.A. ideas.
• 2 Sep 1946-Interim govt. of India was formed, functioned till 15 Aug 1947
  Constitution Assembly-
• Constituted on 9 Dec 1946 -The first meeting of CA on the Basis of Cabinet Mission Plan
• Total Members -389- (British Province-292+ Commissioners Province-4 + Princely States- 93) but (Muslim League boycotted), Total Members present at First meeting were 211.
• Total members after partition-299 (229 members from 12-Indian Province and 70 members from 29-Princely States)
• Hyderabad did not participate in the constituent assembly
• Seats allotted as per population proportion.
• Members were Indirectly elected
• Mahatma Gandhi was not part of C.A.
• 9 Dec-1946-Temporary president-DR. Sacchidanand Sinha (Oldest Members)
• 11 Dec 1946- Permanent President- DR. Rajendra Prasad
• Vice-Presidents (Two) H.C. Mukherjee and V.T. Krishnamacharya.
• B. N. Rau was the Constitutional Adviser to the Constituent Assembly
• There were 15 women in the Constituent Assembly
• Sir B.N. Rau was Constitutional Adviser to C.A.
• H.V.R. Iyengar was Secretary to C.A.
• DR. B.R. Ambedkar- Chairman of the drafting committee
• S.N. Mukherjee was chief draftsman of constitution in C.A.
• 13 Dec 1946 Objective resolution (Preamble) by Pandit Nehru
• Preamble Borrowed from USA
• Language of Preamble borrowed from-Australia
• 22 Jan 1947-Objective resolution accepted (adopted) by all
• Preamble is a “political horoscope” called by K.M. Munshi
• Preamble is Identity Card of the Constitution-N.A. Palkhivala
• Earnest Barker-Key to the constitution
• Thakurdas Bhargav-Soul of the Constitution.
• Berubari Case (1960), SC declared Preamble not to be a part of Indian Constitution
• Kesavanand Bharti Case 1973-SC declared Preamble is a part of the Indian constitution
• 42nd CAA, 1976 added three new words socialist, secular and integrity to the Preamble

Lord Mountbatten Plan-

• Mountbatten Last Viceroy of Free India
• First Indian Governor General-Rajagopalachari
• Mountbatten plan (3^{rd} June Plan) June 3, 1947-India is divided into (India + Pak)
  Indian Independence Act, 1947
• Indian Independence Act- Passed in London 14 July 1947
• Clement Attlee was the prime minister of England when India got independence
• Indian Dominion Status-15 Aug 1947 (5^{th} Session of Constituent Assembly)
  Two separate functions of Constitution Assembly – continued till November 26, 1949

1. Legislative body (Chaired by G V Mavlankar)
2. Constitution body (Chaired by DR. Rajendra Prasad)
   Important events of Constituent Assembly
3. Adopted National Flag on July 22, 1947

• Flag Commission-headed by- J.B. Kriplani
• Flag was designed by-Pingali Venkaya (1921)
• Flag Code-2002 (Length: Breadth-3:2), Rectangular
• Case related to it- (Naveen Jindal Vs Union of India)
• The first national flag in India is said to have been hoisted on 7th August 1906 in the Parsee Bagan Square (Green Park) in Kolkata.
• The First Indian flag hoisted on foreign land – in in Stuttgart (Germany) by Madame Cama in 1907.
• 31 Dec 1929, first time Tricolor flag was unfurled by Pandit Nehru- Ravi River (Lahore)
• Tricolor was adopted as our national flag at a Congress meeting in Karachi in 1931
• The Indian flag (Present form) was adopted in a meeting of C.A. held on 22nd July 1947

1. Adopted National Song on Jan 24, 1950.

• The National song of India. ‘Vande Matram’ was written by Bankim Chandra Chatterjee.
• Vande Matram was taken from Anand Math- depicts the Sanyasi revolt
• Written in the Bengali language in 1882.
• First time sung at the Congress session at Calcutta in 1896 under the presidentship of Rahimullah M. Sayani.

1. Adopted National Anthem on Jan 24, 1950.

• Written by ‘Rabindranath Tagore’ in Bengali 1911
• Composed by Rabindranath Tagore and Ram Singh Thakuri in 1911.
• The duration is approximately 52 seconds.
• Shorter Version-20 Sec
• First time sung on 27 December 1911 at a meeting of Congress in Calcutta.
• It has 5 Stanza, translated into Hindi by Abid Ali
• Mohammad Iqbal wrote the song, ‘Sare Jahan Se Accha’.

1. Elected Rajendra Prasad as first President of India on Jan 24, 1950.
2. ECI was formed 25 Jan 1950 (25 Jan National Voters Day)
3. National emblem of India-

• Adopted on 26 Jan 1950 from the Sarnath Lion Capital of Ashoka (4 different animal- Asiatic Lion, Elephant, Bull & Horse)
• Designed by-Dinanath Bhargava
• Motto- “Satyamev Jayate”

6. Final session of C.A. on Jan 24, 1950 (284 Members signed it). It continued as provisional Parliament of India from Jan 26, 1950 till formation of new Parliament (May, 1952).
7. Total sessions = 11; Total time = 2 years, 11 months, 18 days, 64 Lakh (Expenditure).
8. The Constitution of India was adopted on 26 November 1949 by the Constituent Assembly of India. This day celebrated as THE CONSTITUTION DAY to commemorate the adoption of the constitution of India.
9. Some provisions of Constitution came into force on Nov 26, 1949—Citizenship, Elections, provisional parliament, temporary and transitional provisions, and short title contained in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 came into force on November 26, 1949.
10. Indian Independence Act, 1947 & GOI Act, 1935 were repealed by Article-395.
11. Major part came into force on Jan 26, 1950 (commencement day). (Jan 26, 1930—Purna Swaraj Day was celebrated & Congress observed this day as the Independence Day) .
12. The Constitution came into force on 26 January 1950.
13. Beating Retreat Ceremony—29 Jan Every year.
14. India’s ratified its membership of Commonwealth in May, 1949.

Some Features of Indian Constitution

• First Country to Make constitution—USA.
• Yugoslavia had largest constitution (before its division), Now India has lengthiest written Constitution.
• India borrowed feature of written constitution from—USA.
• Unwritten Constitution—U.K., China, New Zealand, Israel and Saudi Arabia.
• Indian constitution— Flexible— Rigid (Flexible-Some Part can be changed, Rigid-Some Can’t be changed Ex. FR, DPSP, Basic Structure and FD).
• Federal + Unitary Constitution (Quasi Federal System), USA—Federal System.
• Indian has Parliamentary Form of Govt. & an Indirect Democracy.
• Independent & Integrated Judiciary (SC has Judicial Review—Article-12,32 & 136).
• ‘Federation’ has nowhere been used in the Constitution.
• ‘Federal in form but unitary in spirit’, and ‘quasi-federal’ by K C Wheare.
• Granvile Austin—Called DPSP and FRs— Conscience of the Constitution.
• Dr. B.R. Ambedkar Said the article 32 as Heart and Soul of the constitution of India.
• Custodian of the Constitution —President, Gurdian of the Constitution—Supreme Court.
• The Indian Constitution: Cornerstone of a Nation Book—Written by Granvile Austin.
• Elephant adopted as C.A. symbol.
• Prem Behari Raizada was the calligrapher of the Constitution.
• Nand Lal Bose & B.R. Sinha decorated & beautified the Constitution.
• Hindi version—calligraphy by Vasant Krishan Vaidya & illuminated by Nand Lal Bose.
• The Original Preamble illuminated, beautified and ornamented by Beohar Rammanohar Sinha.
• 14 Sep—1949—Constituent Assembly adopted Hindi, Devanagari Script as official lang.
• Switzerland— Direct Democracy—People of country participate in the Constitution amendment —Popular vote system.
• Shadow cabinet is the feature of administrative system of—UK.
• India is a Republic Country—Because its head is an elected one.

Committees of Constituent Assembly

Total 22 Committees were set up by the Constituent Assembly. 8 Major and 14 Minor Committees.

1. Major Committees

SL. No.	Major Committees of the Constituent Assembly	Chairmen
1.	Union Powers Committee	Jawaharlal Nehru
2.	Drafting Committee	B.R. Ambedkar
3.	Union Constitution Committee	Jawaharlal Nehru
4.	States Committee	Jawaharlal Nehru
5.	Steering Committee	Rajendra Prasad
6.	Committee on the Rules of Procedure	Rajendra Prasad
7.	Provincial Constitution Committee	Vallabhbhai Patel
8.	Advisory Committee on FRs, Minorities & Tribal and Excluded Areas (Below are the subcommittee)	Vallabhbhai Patel
	Committee on the Functions of the Constituent Assembly	G.V. Mavlankar
	Minorities Sub Committee	HC Mukherjee
	Fundamental Rights Sub-Committee	J.B. Kripalani
	North-East Frontier Tribal Areas & Assam, Excluded & Partially	Gopinath Bardoloi
	Excluded Areas Sub-Committee

2. Minor Committee

Minor Committees of the Constituent Assembly	Chairmen
Committee on the Functions of the Constituent Assembly	G.V. Mavalankar
Committee for the Order of Business	Dr K.M. Munshi
House Committee.	B. Pattabhi Sitaramayya
Ad-hoc Committee on the National Flag	Rajendra Prasad
Special Committee to Examine the Draft Constitution.	Jawaharlal Nehru
Credentials Committee	Alladi Krishnaswamy Ayyar
finance and staff committee.	Dr Rajendra Prasad
Committee on Chief Commissioners’ Provinces	B. Pattabhi Sitaramayya
Commission on Linguistic Provinces	S.K. Dar serve

3. Drafting Committee

Set up on Aug 29, 1947. First Draft of Indian Constitution published by Committee—Feb 1948. Draft of Constitution was adopted on Nov 26, 1949. It contained Preamble, 395 Articles, & Schedules. It consisted of 7 members.

1. DR. BR Ambedkar evolved as the chairman of the Drafting Committee.
2. N Gopalaswamy Ayyangar.
3. Muhammad Saadullah.
4. KM Munshi.
5. Alladi Krishnaswami Ayyar.
6. DR. DP Khaitan (Replaced by TT Krishnamachari).
7. N Madhava Rao replaced BL Mittar following his resignation on health problems.

• Ambedkar—Father/Chief Architect of Constitution, Leader of Dalit, Morden Manu.
• DPSP are “Novel Feature of the Indian Constitution described by Ambedkar.
• Vallabhbhai Patel—Known as Bismarck of India.
• Sarojini Naidu—Nightingale of India.

Sources of the Indian Constitution-Borrowings

Countries	Borrowed Features of Indian Constitution	SL. No
Govt. of India Act 1935	Federal System, Office of Governor, Public Service Commission	1.
Australia	Concurrent list, Freedom of trade, commerce and intercourse, Language of Preamble, Joint-sitting of the two Houses of Parliament	2.
Canada	Federation with a strong Centre (Quasi Federal), Vesting of residuary powers in the Centre, Appointment of state governors by the Centre, Advisory jurisdiction of the Supreme Court	3.
Ireland	DPSP, Nomination of members to Rajya Sabha, Method of election of the president	4.
Japan	Procedure Established by law	5.
USSR (Russia)	Fundamental duties, Social, economic and political justice in the Preamble	6.
UK	Parliamentary government, Parliamentary privilege, Legislative procedure, Bicameralism, Rule of Law & Equality before law, Single Citizenship, Cabinet system, Writs, President Post same as King of England	7.
US	Fundamental rights, Independent & Strong judiciary system and Judicial Review, Impeachment of the president, Removal of SC and HC judges, Post of vice-president	8.
Germany (Weimar)	Suspension of Fundamental Rights during emergency	9.
South Africa	Election of members of Rajya Sabha, Amendments in the Constitution	10.
France	Republic, LEF (liberty, equality and fraternity) in the Preamble	11.

• The office of Lokpal and Lokayukta (Act-2013) based on ombudsman of Scandinavia

Interim Government-1946

SI. No	Name	Portfolio
1.	The Viscount Wavell	Viceroy and Governor-General of India (President of the executive council)
2.	Sir Claude Auchinleck	Commander-in-Chief
3.	Jawaharlal Nehru	External Affairs and Commonwealth Relations (VP of the executive council)
4.	Sardar Vallabhbhai Patel	Home Affairs, Information and Broadcasting
5.	Baldev Singh	Defence
6.	John Mathai	Industries and Supplies
7.	Rajagopalachari	Education and Arts
8.	Asaf Ali	Railways and transport
9.	Jagjivan Ram	Labour
10.	Liaquat Ali Khan	Finance
11.	I.I. Chundrigar	Commerce
12.	Abdur Rab Nishtar	Post and Air
13.	Joginder Nath Mandal	Law
14.	Ghazanfar Ali Khan	Health
15.	C.H. Bhabha	Work, Mines and Power

First Cabinet of Independent India-1947

Sl. No	Name	Portfolio
1	Jawaharlal Nehru	Prime Minister, External Affairs
2	Sardar Vallabhbhai Patel	Deputy PM, Home Affairs, Information and Broadcasting
3	Maulana Abul Kalam Azad	Education
4	Rajendra Prasad	Food and Agriculture
5	John Mathai	Railways & Transport
6	Sardar Baldev Singh	Defence
7	Jagjivan Ram	Labour
8	Rafi Ahmed Kidwai	Communications
9	DR. Shyam Prasad Mukherji	Industries & Supplies
10	DR. B.R. Ambedkar	Law
11	C.H. Bhabha	Commerce
12	Raj Kumari Amrit Kaur	Health
13	V.N. Gadgil	Works, Mines & Power
14	R.K. Shanmugam Chetty	Finance

Parts of the Constitution of India

Part	Subject	Articles
Part I	The Union and its territory	Art. 1 to 4
Part II	Citizenship	Art. 5 to 11
Part III	Fundamental Rights	Art. 12 to 35
Part IV	Directive Principles	Art. 36 to 51
Part IVA	Fundamental Duties	Art. 51A
Part V	The Union	Art. 52 to 151
Part VI	The States	Art. 152 to 237
Part VII	Repealed by Const. (7th Amendment) Act, 1956
Part VIII	The Union Territories	Art. 239 to 242
Part IX	The Panchayats	Art. 243 to 243O
Part IXA	The Municipalities	Art. 243P to 243ZG
Part IXB	Co-operative Societies	Art. 243H to 243ZT
Part X	The Scheduled and Tribal Areas	Art. 244 to 244A
Part XI	Relations between the Union and the States	Art. 245 to 263
Part XII	Finance, Property, Contracts and Suits	Art. 264 to 300A
Part XIII	Trade, Commerce and Intercourse within the Territory of India	Art. 301 to 307
Part XIV	Services under the Union and the States	Art. 308 to 323
Part XIVA	Tribunals	Art. 323A to 323B
Part XV	Elections	Art. 324 to 329A
Part XVI	Special provisions relating to certain classes	Art. 330 to 342
Part XVII	Official Language	Art. 343 to 351
Part XVIII	Emergency Provisions	Art. 352 to 360
Part XIX	Miscellaneous	Art. 361 to 367
Part XX	Amendment of the Constitution	Art. 368
Part XXI	Temporary, Transitional and Special Provisions	Art. 369 to 392
Part XXII	Short title, commencement, authoritative text in Hindi and repeals	Art. 393 to 395

List of All Schedules in Indian Constitution

Schedule Number	Subject Matter
First Schedule	Names of the States and Union Territories with their territorial jurisdiction.
Second Schedule	Provisions relating to the emoluments, allowances, privileges.
Third Schedule	Forms of Oaths or Affirmations.
Fourth Schedule	Allocation of seats in the Rajya Sabha to the states and the union territories.
Fifth Schedule	Provisions relating to the administration and control of scheduled areas and scheduled tribes.
Sixth Schedule	Provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.
Seventh Schedule	Division of powers between the Union and the States in terms of List I (Union List), List II (State List) and List III (Concurrent List).
Eighth Schedule	Languages recognized by the Constitution.
Ninth Schedule	Acts and Regulations of the state legislatures dealing with land reforms and abolition of the zamindari system and of the Parliament dealing with other matters.
Tenth Schedule	Provisions relating to disqualification of the members of Parliament and State Legislatures on the ground of defection.
Eleventh Schedule	Specifies the powers, authority and responsibilities of Panchayats.
Twelfth Schedule	Specifies the powers, authority and responsibilities of Municipalities.