Making Of The Indian Constitution

Introduction – Foundations of Governance and Evolution of Constitutions

A constitution is a body of fundamental principles according to which a state is constituted or governed. The constitution is the fundamental law of the land which fulfills the aspirations and goals of a society. It is an overarching framework within which one pursues individual aspirations, goals and freedoms. It defines the fundamental values that we may not trespass. 

The Constitution is a living document that grows and evolves according to the needs and aspirations of changing society through instruments such as Amendments to the Constitution, Judicial interpretations and judgments, Conventions and Statutes.

Background of the Indian Constitution

Objective Resolution

• Jawaharlal Nehru moved this historic resolution on 13th December 1946, in the Assembly.
• It contained the fundamentals and philosophy of the Constitutional structure.
  • Guaranteed the people of India justice: social, economic, and political; equality of status and of opportunity; freedom of thought, expression, belief, etc.
• This resolution was adopted on 22nd January 1947, by the Assembly.
• The Preamble of the Constitution of India is a modified version of the Objective Resolution.

Changes Made by the Independence Act, 1947

• Sovereign Body: The Assembly was made a fully sovereign body, free to abrogate or alter any law.
• Dual Functions: Two separate functions were assigned to the Assembly (performed on separate days),
  • Legislative Body (Chaired by G V Mavalankar).
  • Constituent Body (chaired by Dr. Rajendra Prasad). 
• First Parliament: Thus, the Assembly became the first Parliament of free India (Dominion Legislature). 
  • These two functions continued till November 26, 1949.
• Withdrawal of Muslim League: After the withdrawal of Muslim League members, total strength came down to 299 as against 389 under the Cabinet Mission Plan.

Various Functions Performed by Constituent Assembly

Apart from crafting the Constitution and passing regular legislation, the Constituent Assembly also undertook the following tasks:

• Ratified India’s membership of the Commonwealth in May 1949.
• Adopted the National Flag on July 22, 1947.
• Adopted National Song & National Anthem on Jan 24, 1950.
• Elected Rajendra Prasad as the first President of India on Jan 24, 1950.
• Final Session: It was held on 24th January 1950. However, it continued as the provisional Parliament of India from Jan 26, 1950, till the formation of the new Parliament (May 1952).
• Total Sessions: 11; Total time: 2 years, 11 months, 18 days.
• Total expenditure: 64 lakh.
• Draft Constitution considered for 114 days.

• Time taken by the Framers of Constitutions in other Countries:

  • U.S.A: Less than 4 months 
  • Canada: About 2 years and 6 months 
  • Australia: About 9 years 
  • South Africa: 1 year 

Major and Minor Committees in the Constituent Assembly

Minor Committee of Constituent Assembly

1. Finance and Staff Committee: Dr. Rajendra Prasad
2. House Committee: B. Pattabhi Sitaramayya
3. Credentials Committee: Alladi Krishnaswami Ayyar
4. Order of Business Committee: Dr. K.M.Munshi
5. Committee on the Functions of the Constituent Assembly: G.V. Mavalankar
6. Committee on Chief Commissioners’ Provinces: B. Pattabhi Sitaramayya
7. Expert Committee on the Financial Provisions of the Union Constitution: Nalini Ranjan Sarkar(Not an Assembly Member)
8. Linguistic Provinces Commission: S.K. Dar (Not an Assembly Member)
9. Special Committee to Examine the Draft Constitution: Jawaharlal Nehru
10. Press Gallery Committee: Usha Nath Sen
11. Ad-hoc Committees of Constitutional Assembly
    • On the National Flag: Dr. Rajendra Prasad
    • On the Supreme Court: S. Varadachari (Not an Assembly Member)
    • On Citizenship: S.Varadachari

Enactment And Enforcement Of The Constitution

Conclusion

• The making of the Indian Constitution stands as a monumental achievement in the history of democracy. Crafted through meticulous deliberation, compromise, and visionary foresight, it reflects the aspirations of a diverse and vibrant nation. 
• The Constituent Assembly, comprising representatives from across India, meticulously debated and drafted a document that not only guaranteed fundamental rights and freedoms but also provided a framework for governance that could adapt and evolve with the changing needs of society. 
• The Indian Constitution is not merely a legal document but a living embodiment of the democratic spirit, serving as a beacon of hope and progress for generations to come.