60-second revision
- Constituent Assembly formed under the Cabinet Mission Plan, 1946; first met on 9 December 1946.
- Sachchidananda Sinha was temporary President; Rajendra Prasad was elected President on 11 December 1946.
- Nehru moved the Objectives Resolution on 13 December 1946; it became the basis of the Preamble.
- Drafting Committee: 7 members, chaired by B. R. Ambedkar.
- Adopted 26 November 1949 (Constitution Day); came into force 26 January 1950.
- The 42nd Amendment (1976) added Socialist, Secular and Integrity to the Preamble — its only amendment so far.
- Kesavananda Bharati (1973): the Preamble is part of the Constitution (Berubari, 1960, had said it was not).
- Original Constitution: Preamble, 395 Articles, 22 Parts, 8 Schedules. Today there are 12 Schedules.
The Constituent Assembly
The demand for a constituent assembly was first voiced by M. N. Roy in 1934 and taken up officially by the Congress in 1935. The British accepted the idea in the August Offer of 1940, and the Cabinet Mission Plan of 1946 laid down how it would be formed.
- Total strength 389: 296 seats for British India and 93 for princely states. Members from provinces were elected indirectly by the provincial assemblies, broadly in proportion to population.
- After partition, members from areas going to Pakistan left, and the strength fell to 299.
- First meeting: 9 December 1946. Sachchidananda Sinha, the oldest member, was temporary President. Rajendra Prasad was elected President on 11 December 1946.
- B. N. Rau was the constitutional adviser. H. C. Mukherjee was a Vice-President of the Assembly.
- Besides framing the Constitution, the Assembly worked as independent India's first Parliament (Dominion Legislature) until 1950.
| Committee | Chairman |
|---|---|
| Drafting Committee (7 members, set up 29 August 1947) | B. R. Ambedkar |
| Union Powers Committee; Union Constitution Committee | Jawaharlal Nehru |
| Provincial Constitution Committee; Advisory Committee on Fundamental Rights and Minorities | Sardar Vallabhbhai Patel |
| Rules of Procedure Committee; Steering Committee | Rajendra Prasad |
Key dates
| Date | Event |
|---|---|
| 13 Dec 1946 | Nehru moves the Objectives Resolution (adopted 22 January 1947) |
| 22 Jul 1947 | National Flag adopted |
| 26 Nov 1949 | Constitution adopted; citizenship, elections, provisional Parliament and some transitional provisions take effect at once |
| 24 Jan 1950 | Last session: members sign the Constitution; National Anthem and National Song adopted; Rajendra Prasad elected first President |
| 26 Jan 1950 | Constitution comes into force (Republic Day), chosen because the Congress had celebrated 26 January 1930 as Purna Swaraj (Independence) Day |
The Assembly took 2 years, 11 months and 18 days, held 11 sessions and spent about Rs 64 lakh. 26 November is observed as Constitution Day (Samvidhan Divas) since 2015.
The Preamble
The Preamble declares the source of authority (We, the people of India), the nature of the state (Sovereign, Socialist, Secular, Democratic Republic), its objectives (Justice, Liberty, Equality, Fraternity) and the date of adoption. It was drawn from Nehru's Objectives Resolution.
- Socialist, Secular and Integrity were added by the 42nd Amendment, 1976. This remains the only amendment to the Preamble.
- Justice — social, economic and political — draws on the Russian Revolution. Liberty, Equality and Fraternity draw on the French Revolution.
- Republic means the head of state is elected, not hereditary.
- Berubari Union case (1960): the Preamble is not part of the Constitution. Kesavananda Bharati (1973) reversed this and held it is a part. LIC of India case (1995) repeated that it is a part.
- The Preamble is not a source of power and is not directly enforceable in court, but it guides interpretation. It can be amended, so long as the basic structure is not touched.
Borrowed features
| Source | Features borrowed |
|---|---|
| Government of India Act, 1935 | Federal scheme, office of Governor, judiciary, public service commissions, emergency provisions, administrative details |
| Britain | Parliamentary government, rule of law, cabinet system, single citizenship, legislative procedure, bicameralism, writs |
| USA | Fundamental Rights, judicial review, independent judiciary, impeachment of the President, removal of judges, Vice-President |
| Ireland | Directive Principles, nomination of members to Rajya Sabha, method of electing the President |
| Canada | Federation with a strong Centre, residuary powers with the Centre, Centre appointing Governors, advisory jurisdiction of the Supreme Court |
| Australia | Concurrent List, freedom of trade and commerce, joint sitting of Parliament |
| Weimar Germany | Suspension of Fundamental Rights during emergency |
| USSR | Fundamental Duties, ideals of justice in the Preamble |
| South Africa | Procedure for amending the Constitution, election of Rajya Sabha members |
| Japan | Procedure established by law |
The 12 Schedules
| Schedule | Subject |
|---|---|
| First | Names of states and Union Territories, and their territory |
| Second | Salaries and allowances of President, Governors, judges, CAG and others |
| Third | Forms of oaths and affirmations |
| Fourth | Allocation of Rajya Sabha seats to states and UTs |
| Fifth | Administration of Scheduled Areas and Scheduled Tribes |
| Sixth | Tribal areas of Assam, Meghalaya, Tripura and Mizoram |
| Seventh | Union, State and Concurrent Lists |
| Eighth | Languages: 22 today (14 originally) |
| Ninth | Laws protected from challenge, mainly land reforms (added by 1st Amendment, 1951) |
| Tenth | Anti-defection (52nd Amendment, 1985) |
| Eleventh | Panchayats: 29 subjects (73rd Amendment, 1992) |
| Twelfth | Municipalities: 18 subjects (74th Amendment, 1992) |
Salient features
- The lengthiest written constitution in the world: originally 395 Articles in 22 Parts and 8 Schedules.
- A blend of rigidity and flexibility: some parts change by simple majority, others need a special majority and state ratification.
- Federal system with a unitary bias; K. C. Wheare called it quasi-federal.
- Parliamentary form of government at both Centre and states.
- A balance between parliamentary sovereignty and judicial supremacy; an integrated and independent judiciary.
- Single citizenship, universal adult franchise (voting age cut from 21 to 18 by the 61st Amendment, 1988), secular state, emergency provisions and three tiers of government after 1992.
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