History of the Making of the Indian Constitution
 |
| Making of the Indian Constitution |
1. Meaning of Constitution
A Constitution is the Supreme Law of the
Land of any country. It is a legal document that lays down the framework of
the government and defines the principles according to which a country is
governed.
Why is a Constitution Necessary?
A Constitution determines:
- How the government will be formed.
- The powers and functions of the three organs of government—the Legislature, Executive, and Judiciary.
- The rights and duties of citizens.
- The distribution of powers between the Central Government and the State Governments.
- The procedure for making laws.
- The process for amending the Constitution.
- It is the supreme law of the country.
- It limits the powers of the government.
- It protects the rights of citizens.
- It strengthens democracy.
- It ensures justice, equality, and liberty.
- The Governor of Bengal was designated as the Governor-General of Bengal.
- Warren Hastings became the first Governor-General of Bengal.
- It paved the way for the establishment of the Supreme Court at Calcutta in 1774.
- It brought the East India Company's administration under the control of the British Parliament.
- It marked the beginning of centralized administration in India.
- It was the first attempt by the British Parliament to regulate the administration of India.
- A Board of Control was established.
- The Company continued its commercial activities, but political control was transferred to the British Government.
- The British Government exercised greater authority over Indian administration.
- The rule of the East India Company came to an end.
- India came directly under the control of the British Crown.
- The office of the Secretary of State for India was created.
- The Governor-General also became the Viceroy of India.
- It marked the beginning of direct British rule in India.
- Administration became more centralized under the British Crown.
- The Legislative Councils were enlarged.
- A limited system of elections was introduced.
- Separate Electorates were provided for Muslims.
- It introduced elections for the first time in India.
- However, the system of separate electorates promoted communal politics.
- Dyarchy
was introduced in the provinces.
- Certain subjects were transferred to Indian Ministers, while important subjects remained under British control.
- It initiated the division of powers between the Centre and the Provinces.
- Education
- Public Health
- Agriculture
- Police
- Law and Order
- Finance
- It increased Indian participation in administration.
- However, the real powers continued to remain with the British Government.
- Introduced the Federal System of Government.
- Divided powers between the Centre and the Provinces.
- Introduced Provincial Autonomy.
- Established the Federal Court.
- Provided for the Public Service Commission.
- Formed the basis for the establishment of the Reserve Bank of India.
- 1934:
M. N. Roy first proposed the idea of a Constituent Assembly.
- 1935:
The Indian National Congress officially demanded a Constituent Assembly.
- 1940 (August Offer): The British Government accepted the idea in
principle.
- 1942 (Cripps Mission): The proposal for a Constituent Assembly was
reiterated.
- 1946:
The Constituent Assembly was formed under the Cabinet Mission Plan.
- Date: 9 December 1946
- Temporary Chairman: Dr. Sachchidananda Sinha
- Date: 11 December 1946
- President: Dr. Rajendra Prasad
- Initial Strength: 389 Members
- After Partition: 299 Members
- Drafting Committee
- Union Powers Committee
- Union Constitution Committee
- Provincial Constitution Committee
- Advisory Committee on Fundamental Rights, Minorities, and Tribal Areas
- To prepare the draft of the Constitution.
- To examine and incorporate recommendations made by various committees.
- To prepare the legal language of the Constitution.
- To finalize the constitutional provisions after debates and discussions.
- 2 years, 11 months, and 18 days
- 11 Sessions
- 165 Sitting Days
- 26 November 1949
- 26 January 1950
|
Country |
Features Borrowed |
|
Britain (United Kingdom) |
Parliamentary System, Cabinet Government, Rule of
Law, Single Citizenship |
|
United States of America (USA) |
Fundamental Rights, Judicial Review, Impeachment of
the President |
|
Ireland |
Directive Principles of State Policy, Method of
Election of the President |
|
Canada |
Federal System with a Strong Centre, Residuary
Powers vested in the Centre |
|
Australia |
Concurrent List, Freedom of Trade and Commerce |
|
Germany (Weimar Constitution) |
Emergency Provisions |
|
USSR (Russia) |
Fundamental Duties, Ideals of Social, Economic, and
Political Justice |
Example:
Features of a Constitution
2. Historical Background
The Indian Constitution was not prepared in a single
day. It is the result of nearly 175 years of constitutional development
under British rule.
(A) Regulating Act, 1773
The Regulating Act of 1773 was the first
important constitutional law passed by the British Parliament for the
administration of India.
Main Provisions
Significance
(B) Pitt's India Act, 1784
The Pitt's India Act of 1784 further
strengthened the control of the British Government over the East India Company.
Main Provisions
Significance
This Act increased the direct involvement of the
British Government in the administration of India.
(C) Government of India Act, 1858
After the Revolt of 1857, the British Parliament
passed the Government of India Act, 1858.
Main Provisions
Significance
(D) Morley–Minto Reforms, 1909
The Indian Councils Act, 1909, commonly known
as the Morley–Minto Reforms, introduced several constitutional changes.
Main Provisions
Significance
(E) Montagu–Chelmsford Reforms, 1919
The Government of India Act, 1919, also known
as the Montagu–Chelmsford Reforms, introduced significant administrative
reforms.
Main Provisions
What is Dyarchy?
Under Dyarchy, provincial subjects were divided into
two categories:
Transferred Subjects
These were administered by Indian Ministers.
Reserved Subjects
These remained under the control of the British
Governor and his Executive Council.
Significance
(F) Government of India Act, 1935
The Government of India Act, 1935 is regarded
as the most important source of the Indian Constitution.
Main Provisions
Significance
Many provisions of the Indian Constitution were
borrowed from this Act. Therefore, it is considered the most important
constitutional source of the Constitution of India.
3. Constituent Assembly
Need for the Constituent Assembly
After independence, it was decided that the
Constitution of India should be framed by the representatives of the Indian
people rather than by the British Government.
History of its Formation
First Meeting
Permanent President
Membership
Major Committees of the Constituent Assembly
4. Drafting Committee
Formation
The Drafting Committee was constituted on 29
August 1947.
Chairman
Dr. B. R. Ambedkar
Functions of the Drafting Committee
Time Taken to Frame the Constitution
Adoption of the Constitution
Enforcement of the Constitution
Why was 26 January chosen?
The Constitution came into force on 26 January 1950
to commemorate the Purna Swaraj (Complete Independence) Resolution
adopted by the Indian National Congress on 26 January 1930.
5. Sources of the Indian Constitution
The Indian Constitution has borrowed several features
from the constitutions of different countries while adapting them to suit
Indian conditions.
Conclusion
The Constitution of India is the longest
written Constitution in the world. It is not merely a legal document but
the foundation of India's democratic system, guaranteeing justice, liberty,
equality, and fraternity. It reflects the aspirations of the Indian people and
was framed after extensive debates, careful deliberations, and by drawing
inspiration from the constitutional systems of several countries while
preserving India's own unique identity.
History of the Making of the Indian Constitution In Hindi