Making of the Constitution

Introduction

India possesses the longest written constitution in the world, consisting of 448 Articles, grouped into 25 Parts and 12 Schedules.

To frame this constitution, a Constituent
Assembly was established. The idea of forming such an assembly was
first recognized by the British Government
in 1940, and later formalized through the Cabinet Mission Plan, which laid the foundation for
drafting the Indian Constitution.

It took 2
years, 11 months, and 18 days for the Assembly to complete the
drafting work.

The Constitution was adopted on 26th
November 1949 and came into force
on 26th January 1950, a date now celebrated every year as Republic Day of India.

Need
for Framing the Indian Constitution

The necessity for creating the Constitution
arose from several social, political, and historical factors:

·        
Inspiration from global revolutions that
emphasized liberty and democracy.

·        
The need for a new system of governance after the end of British colonial rule.

·        
India’s diverse
culture, languages, religions, and traditions required a uniform legal framework.

·        
To protect
human rights and prevent arbitrary
use of power by the administration.

·        
To establish democratic principles ensuring checks and balances among
all branches of government.

·        
To promote social justice and equality, eradicating long-standing
discrimination based on caste, gender,
religion, or race.

Sources
of the Indian Constitution

The Indian Constitution draws inspiration and
provisions from several foreign constitutions and previous laws:

1. Government of India Act, 1935

Many administrative and federal features were
adapted from this Act, including:

·        
Division
of powers between Centre and Provinces

·        
Provincial
autonomy

·        
Bicameral
legislatures

2. British Constitution

·        
Parliamentary
system of government

·        
Rule of
law

·        
Legislative
procedures

·        
Single
citizenship

·        
Cabinet
system

·        
Prerogative
writs

·        
Parliamentary
privileges

·        
Bicameralism

3. US Constitution

·        
Fundamental
Rights

·        
Judicial
independence and review

·        
Impeachment
of the President

·        
Removal of
Supreme Court and High Court judges

·        
Post of Vice-President

4. Irish Constitution

·        
Directive
Principles of State Policy (DPSPs)

·        
Nomination
of members to the Rajya Sabha

·        
Method of
electing the President

5. Canadian Constitution

·        
Federal
system with a strong Centre

·        
Residuary
powers vested in the Centre

·        
Appointment
of State Governors by the Centre

·        
Advisory
jurisdiction of the Supreme Court

6. Australian Constitution

·        
Concurrent
list of subjects

·        
Freedom of
trade and commerce across India

·        
Joint
sitting of both Houses of Parliament

7. Weimar Constitution (Germany)

·        
Provision
for suspension of Fundamental Rights during an emergency

8. Soviet (USSR) Constitution

·        
Fundamental
Duties

·        
Ideals of
social, economic, and political justice in the Preamble

9. French Constitution

·        
Republican
form of government

·        
Ideals of
Liberty, Equality, and Fraternity

10. South African Constitution

·        
Amendment
procedure for the Constitution

·        
Election
of members to the Rajya Sabha

11. Japanese Constitution

·        
Doctrine
of “Procedure established by law”

Committees
under the Constituent Assembly

A total of eight major committees were set up under the Constituent
Assembly to deal with different subjects:

1.     
Union Powers
Committee – Determined the powers of the Union Executive and
Legislature.

o    Chairman: Pandit Jawaharlal Nehru

2.     
Union
Constitution Committee – Focused on drafting the structure of the
Union Constitution.

o    Chairman: Pandit Jawaharlal Nehru

3.     
Provincial
Constitution Committee – Worked on creating a model for provincial
governments.

o    Chairman: Sardar Vallabhbhai Patel

4.     
Drafting
Committee – Responsible for preparing the final draft of the
Constitution based on other committees’ reports.

o    Chairman: Dr. B.R. Ambedkar

5.     
Advisory
Committee on Fundamental Rights, Minorities, and Tribal & Excluded Areas

o    Chairman: Sardar Vallabhbhai Patel

o    Sub-committees
under it:

§  Fundamental
Rights Sub-Committee

§  Minorities
Sub-Committee

§  North-East
Frontier Tribal Areas Sub-Committee

§  Excluded
Areas (non-Assam) Sub-Committee

§  North-West
Frontier Tribal Areas Sub-Committee

6.     
Rules of
Procedure Committee – Laid down procedural rules regarding membership,
conduct of business, and remuneration.

7.     
States Committee
– Headed by Pandit Jawaharlal Nehru

8.     
Steering
Committee – Headed by Dr.
Rajendra Prasad

Additionally, 13 minor committees were formed to assist these major
committees.

Key
Features of the Indian Constitution

·        
Lengthiest
written Constitution in the world

·        
Blend of
rigidity and flexibility

·        
Preamble
reflecting India’s ideals

·        
Socialist,
secular, and welfare-oriented State

·        
Directive
Principles of State Policy

·        
Quasi-federal
structure with unitary bias

·        
Commitment
to both Constitution and Constitutionalism

Basic
Structure of the Indian Constitution

The Basic
Structure Doctrine ensures that certain essential features of the
Constitution cannot be altered:

·        
Supremacy
of the Constitution

·        
Sovereign,
democratic, and republican framework

·        
Separation
of powers among Legislature, Executive, and Judiciary

·        
Federal
character of governance

·        
Secularism

·        
Unity and
integrity of the nation

·        
Rule of
Law

·        
Judicial
review and independence of the
judiciary

·        
Parliamentary
form of government

·        
Welfare
state promoting socio-economic justice

·        
Access to
justice for all

·        
Protection
of individual dignity and freedom

·        
Harmony
between Fundamental Rights and Directive Principles

·        
Principle
of equality

·        
Powers of
the Supreme Court under Articles 32, 136, 141, and 142

·        
Powers of
the High Courts under Articles 226 and 227

·        
Free and
fair elections

·        
Limited
power of Parliament to amend the Constitution

Conclusion

The Constitution
of India is the cornerstone of the nation’s democratic system. It
empowers citizens to claim their rights and ensures accountability of the
government.

By defining our sovereignty, democracy,
freedoms, and duties, it safeguards justice and equality for all. The
Constitution stands as the most valuable
asset of the Republic — guaranteeing that every Indian can live with freedom, dignity, and respect.