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Making of the Constitution, Preamble & Features: Notes for UPSC, SSC & Railway Exams

The Constituent Assembly, key dates, the Preamble and its one amendment, borrowed features, the 12 Schedules and salient features in one read.

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.
CommitteeChairman
Drafting Committee (7 members, set up 29 August 1947)B. R. Ambedkar
Union Powers Committee; Union Constitution CommitteeJawaharlal Nehru
Provincial Constitution Committee; Advisory Committee on Fundamental Rights and MinoritiesSardar Vallabhbhai Patel
Rules of Procedure Committee; Steering CommitteeRajendra Prasad

Key dates

DateEvent
13 Dec 1946Nehru moves the Objectives Resolution (adopted 22 January 1947)
22 Jul 1947National Flag adopted
26 Nov 1949Constitution adopted; citizenship, elections, provisional Parliament and some transitional provisions take effect at once
24 Jan 1950Last session: members sign the Constitution; National Anthem and National Song adopted; Rajendra Prasad elected first President
26 Jan 1950Constitution 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

SourceFeatures borrowed
Government of India Act, 1935Federal scheme, office of Governor, judiciary, public service commissions, emergency provisions, administrative details
BritainParliamentary government, rule of law, cabinet system, single citizenship, legislative procedure, bicameralism, writs
USAFundamental Rights, judicial review, independent judiciary, impeachment of the President, removal of judges, Vice-President
IrelandDirective Principles, nomination of members to Rajya Sabha, method of electing the President
CanadaFederation with a strong Centre, residuary powers with the Centre, Centre appointing Governors, advisory jurisdiction of the Supreme Court
AustraliaConcurrent List, freedom of trade and commerce, joint sitting of Parliament
Weimar GermanySuspension of Fundamental Rights during emergency
USSRFundamental Duties, ideals of justice in the Preamble
South AfricaProcedure for amending the Constitution, election of Rajya Sabha members
JapanProcedure established by law

The 12 Schedules

ScheduleSubject
FirstNames of states and Union Territories, and their territory
SecondSalaries and allowances of President, Governors, judges, CAG and others
ThirdForms of oaths and affirmations
FourthAllocation of Rajya Sabha seats to states and UTs
FifthAdministration of Scheduled Areas and Scheduled Tribes
SixthTribal areas of Assam, Meghalaya, Tripura and Mizoram
SeventhUnion, State and Concurrent Lists
EighthLanguages: 22 today (14 originally)
NinthLaws protected from challenge, mainly land reforms (added by 1st Amendment, 1951)
TenthAnti-defection (52nd Amendment, 1985)
EleventhPanchayats: 29 subjects (73rd Amendment, 1992)
TwelfthMunicipalities: 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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