INDIAN CONSTITUTION - 22ICO17/27

MODULE 1
Indian Constitution: Necessity of the Constitution, Introduction to the
Indian Constitution, Making of the Constitution, Role of Constituent
Assembly.

Introduction to the Constitution:

Every Government must have a constitution by which it functions orderly and smoothly. The
term constitution is derived from the Latin word constitute or constituter. This means “To
Form or to establish or compose” The word constitution was first used by Henry II of
England in the 16th Century.

Later in the 18th Century the American prepared an instrument of government for their
country. This was the constitution of U.S.A adopted in 1789. This was the first written
constitution in the World.

This was the beginning of constitutionalism and constitutional ear. Many of other countries
follow America. Today all modern countries irrespective of their political system or ideology
posses a constitution of their own.

In the Simplest sense constitution means a body of or set of rules and regulation (Such Rules
determine the nature of appointment of the official and employee, their power and functions
their mutual relations, the right and duties of the member etc.)

All organization, Social, political, Economic, cultural religious requires certain rules and
regulations to ensure their and proper functioning.

The term Constitution can be used in the following Sense:-

Physical Sense :- it refers to the land, the people their character, traditions, customs and
institutions(Social, Political & economic)

Political-Legal Sense:- It is a Legal Instrument. It is the fundamental law of the land which
determines the organization, composition and functioning of the Government.

Narrow Sense:- It refers to the rules includes in a single documents or a few closely related
document.

Broad Sense:- It is a collection of rules, which established and regulate the government.
These rules may be legal or non- legal rules.

Legal Rules:- Which the country recognize by law and apply. Non Legal Rules:- Rules are
in the form of customs, usages or conventions.(They are regular until enforced by the courts
in their normal legal procedure).
One can’t think of a welfare state without constitution. Constitution is a document which is
the supreme law of the Land. This consists of sets of fundamental rules and regulations. This
should be followed by both citizens and the Government. The Constitution is not static
document. It is a dynamic law responding to the changing needs of the people.

Definitions:-

The different definition of the constitution given by different political scholars as follows:-

1) Lord Byrce:- A constitution is a set of established rules and regulation and directing
the practice of the government.
2) Cooley:- A constitution is the fundamental law of the state containing the principles
on which government is found.
3) Aristotle:- Constitution is the way which citizens, which are components parts of the
state are arranged in relation to our another.
4) According to Gilchrist:- The constitution of a state is that fundamental rules which
regulate the distribution of powers in the state and determine the form of government.
5) K.C Wheare:- It is a collection of legal rules which govern the government of the
country and which have been symbolize(Signify) in a document.
6) Jellinek:- It is a set of rules or laws.
7) Herman Finer :- It is an autobiography of a power relationship in Society
8) Brewster:- Constitution serves as the foundations of a state political institution and
practices.

Role of Constituent Assembly.

The constitution of India is a written, enacted, adopted and self-made constitution of the
people of India. It was made by the constituent assembly of India which consisted of duly
elected representatives of the people. All the leaders of modern India, except Mahatma
Gandhi, were its members. It included the representatives of all sections of Indian society,
Hindus, Muslims, Sikhs, Anglo-Indians, Parsees and Others.

In was in 1922 that the people of India came out with the demand for the establishment of a
constituently assembly for making their constitution. Mahatma Gandhi asserted the right of
self-determination of Indians and declared that it undoubtedly meant India’s ability to declare
her independence. It the same year, the Central Legislature of India advocated the need to call
a national convention for securing sawraj. However, it was only in 1945, that the Cabinet
Mission accepted the demand for the establishment of constituent assembly for making a
constitution for the people of India.

Demand for the Creation of Constituent Assembly of India and its acceptance in 1945

Between 1919-1945, the people of India, all the Indian leaders and the most popular mass
organization of the people-the Indian National Congress, kept on repeatedly making the
demand for the establishment of a constituent assembly for making the constitution of India.
Such as constitution was to act as the means for creating a system of self-rule under an
elected and responsible government of the people of India.

However, the British rulers kept on ignoring this demand. It was only in the political
environment resulting from the outbreak of the Second World War and the progress of Indian
National Movement, that in 1945, they felt compelled to accept the demand for creating the
constituent assembly of India.

Acceptance of the demand for the constituent assembly

It was only after the end of the Second World War that the newly formed Labour
Government of Britain accepted this demand. Cabinet Mission, (1945) formally accepted the
demand for the establishment of a Constituent Assembly for India for making a Constitution.

The Constituent Assembly was established on 06 th December 1946, First Meeting of the
Constituent Assembly held on 9th December, 1946 under the temporary chairmanship of its
oldest member Dr. Sachidanand Sinha and only 211 members attended the first meeting. On
11th December, it elected [Link] Prasad as its permanent President of the Constituent
Assembly. Sh. V.T Krishnamachari and Sh.H.C Mookherjee were elected as two Vice-
Presidents.

1) Passing of Objectives Resolution in January 1947

The need to adopt a proper and settled direction in framing the constitution was fully
realized by the Constituent Assembly. It felt it imperative to define the objectives
before the constituent Assembly. For this purpose, on 13th December 1946,
Jawaharlal Lal Nehru introduced in the assembly, the Objectives Resolution. After a
full discussion and debate, the constituent Assembly passed the Objectives Resolution
on 22 January 1947. It declared the resolve to make India a Sovereign Independent
Republic and to secure to all its Citizens fundamental rights, justice, secularism and
welfare state as well as to preserve the unity and integrity of the nation.

2) Constitution of Various Committees: (Total 13 committees)

For conducting its work in a systematic and efficient manner, the Constituent
Assembly constituted several committees which were to report on the subjects
assigned to them. Some of these committees were committees on procedural matters
while others were committees on substantive matters. In the first category came,
Rules of Procedure Committee, Finance and Staff Committee, Credential Committee,
Steering Committee, Hindi Translation Committee orders of Business committee,
Urdu translation committee, Press gallery committee, House committee and
committee on Independence Act. The substantive matters committees included :
Union Powers Committee, Union Constitution Committee, Provincial Constitution
Committee, Advisory Committee on Minorities and Fundamental Rights, and
Committee on Financial Rights between the Union and States. The reports of these
committees provided the bricks and mortar for the formulation of the Constitution of
India.

The Drafting Committee

 In the making of the constitution, a very valuable role was played by the Drafting
Committee. This committee was constituted on 29th August, 1947 with Dr.B.R
Ambedkar as its Chairman. The members of this committee included its versatile
Chairman Dr.B.R Ambedkar and such legal luminaries as B.L Mitter, N. Gopalswamy
Ayyangar, Alladi Krishnaswami Ayyar, K.M. Munshi, Saiyid Mohd. Saadulla,
[Link] Rao(Nominated by the President on 5 December 1947) and D.P Khaitan.
After the death of [Link], T.T Krishnamachari was made its member. Dr.
B.N. Rau worked as the chief constitutional advisor attached to this committee.

Adoption of the Constitution

The drafting committee submitted its report (draft) to the Constituent Assembly on
21st Feb, 1948 and the Constituent Assembly held debates on it . On the basis of these
discussions, a new draft was prepared by the Drafting committee and submitted to the
Assembly on 4th November 1948 (The Drafting Committee took less than six months
to prepare the draft and it sat for 141 days). The first debate on this draft was held
from 4th to 9th November 1948. Thereafter, from 15th November 1948 to 17th October,
1949 each clause of the draft was thoroughly debated upon and passed. In all 7635
amendments were proposed, out of which 2473 amendments were discussed. From
14th November 1949 the Constitution was finally adopted and enacted when the
Constitution was signed by the President of the Constituent Assembly.

Some of Provisions of the constitution came into operation immediately while as a

whole the Constitution was inaugurated on 26th January 1950. This was fulfilled the
pledge for Puran Swaraj that the people of India had taken on 26th January 1950.

Final Session of the Constituent Assembly of India

The final session of the Constituent Assembly was held on 24 th January 1950. It
unanimously elected Dr. Rajendra Prasad as the first President of the Republic of
India. The Constitution of India was inaugurated after two days i.e. on 26 th January
1950. This is, in brief an account of the making of Indian Constitution by the
Constituent Assembly. It took the Constituent Assembly 2 years, 11 months, and 18
days to accomplish the task of making the constitution.

The Making of the Indian Constitution

26th January 1950 was a remarkable day in the constitutional history of India. The world’s
largest written constitution came into force on that day.

Indian constitution was introduced for the sake of people or people of India. The main source
of authority of the Indian constitution is the people of India.

Dr. B.R. Ambedkar regarded as the father of the Indian constitution.

The idea of the constitution of India was flashed for the first time by M.N Roy.
Demand for a constitution, farmed by a constituent assembly was made by Gandhiji

The constituent assembly established to frame the constitution on 06.12.1946

13 committees were set up by the constituent assembly for farming the constitution.

2years, 11months, 18 days’ time taken by the constituent assembly to prepare the
constitution of India.

The chairman of the constituent assembly was Dr. Rajendra Prasad.

The chairman of the Drafting committee Dr. B.R. Ambedkar.

B.N. Rau is the constitutional advisor of the constituent assembly.

The word democracy is derived from the Greek words Demos and Kratos- Democracy.