Making of The Indian Constitution

Making of the
INDIAN
CONSTITUTION
By Aanya, Alaina, Mueez, Sasha, Tanmayi
TABLE OF CONTENTS
Historical Context Formation of the
1 and Demand for a 2 Constituent
Constitution Assembly
Adoption of the
3 Drafting Process 4 Constitution
Implementation
5 and Significance
1
Historical Context and
Demand for a
Constitution
Historical Context
The making of the Indian Constitution before 1946 was shaped by British colonial
rule, rising Indian nationalism, and global changes. British control over India started
in the mid-18th century and became formal after the 1857 Rebellion.
Over time, the British introduced reforms like the Government of India Acts of 1919
and 1935, which gave limited self-governance but kept most of the power in British
hands.
The 1935 Act, in particular, introduced ideas like federalism and provincial
autonomy, which would later be important in the Indian Constitution.
Historical Context
By the early 20th century, the Indian nationalist movement was in full swing,
with leaders like Mahatma Gandhi and Jawaharlal Nehru demanding complete
independence. The Indian National Congress and other groups pushed for self-
rule, while minority communities sought protections for their rights.
Globally, World War II weakened European colonial powers and democratic

ideals were spreading. The British involvement of India in WWII without
consulting Indian leaders only added fuel to the fire, leading to the Quit India
Movement in 1942, which demanded an end to British rule. By 1946, the
Cabinet Mission Plan was introduced, paving the way for the Constituent
Assembly that would draft India’s Constitution as the country moved towards
independence.
Why did we need a constitution prior to
1946?
India needed a constitution prior to 1946 because the country was heading
towards independence, and a solid foundation for self-governance was
crucial. Under British colonial rule, India was governed by British-made
laws, and Indians had very little say in how the country was run.
While the British did introduce reforms like the Government of India Acts,
these only gave limited power to Indians, and most decisions still rested
with British officials.
As the independence movement gained strength, it became clear that

India would need its own set of rules and principles to govern a diverse
population after the British left. There were also major challenges like
managing the rights of different communities, balancing regional interests,
and ensuring that every citizen had basic rights.
Why did we need a constitution prior to
1946?
Leaders like Mahatma Gandhi, Jawaharlal Nehru, and B.R. Ambedkar knew
that simply adopting British laws wouldn’t work for a free India.
The growing demand for independence made it essential to have a plan in

place for running the country. A constitution would ensure a smooth
transition to democracy, protect the rights of all citizens, and prevent chaos
when the British eventually left. The idea was to build a framework that
would reflect India’s unique identity and values.
2
Formation of the
Constituent Assembly
Formation
The formation of the Indian Constituent Assembly was a crucial step in India's
journey toward independence and the framing of its Constitution. Here’s a
breakdown of how it was formed:
● The Constituent Assembly was formed based on the Cabinet Mission Plan of
1946.
● Total Members: Originally, it was to have 389 members, representing British
India and the princely states :- 292 from British provinces.
- 93 from princely states.
- 4 from the Chief Commissioners' Provinces.
● The members from British India were elected indirectly by the Provincial
Legislative Assemblies through a system of proportional representation.
● The seats were divided among three main communities: Hindus, Muslims, and
Sikhs, with further representation for Scheduled Castes and other minorities.
Elections and Political Situation
● Elections were held in July 1946 for the

provincial assemblies, which then elected
members of the Constituent Assembly.
● The Indian National Congress won 208
seats, and the Muslim League won 73
seats.
● However, the Muslim League initially
boycotted the assembly, demanding a
separate state of Pakistan.
3
Drafting Process
Drafting Process of the Indian
Constitution
● The drafting process began with the establishment of the Constituent
Assembly in 1946, which included representatives from various
provinces and princely states.
● The Objective Resolution, introduced by Jawaharlal Nehru, laid the

foundational principles of the Constitution. In August 1947, the Drafting
Committee, chaired by Dr. B.R. Ambedkar, was formed to prepare the
draft.
● The first draft of the Constitution was presented on November 4, 1948,

and was followed by extensive debates and revisions.
● The Constituent Assembly debated the draft for nearly two
years, considering over 2,000 amendments to address India’s
diverse needs.
● The final draft was adopted on November 26, 1949. The

Constitution officially came into force on January 26, 1950,
which is celebrated as Republic Day.
● The document established a comprehensive framework for

democratic governance, combining elements from various
global systems and ensuring a detailed structure for India’s
government and rights.
4
Influences on the Indian
Constitution
Global Influences
The Indian Constitution drew heavily from global constitutional practices, adapting
them to India’s unique historical, cultural, and social realities. Here’s how the
Indian Constitution was influenced by other countries:
UK United States
1 India adopted the 2 Indian constitution
principles of First Past the borrowed the Charter of
Post voting system, Fundamental Rights and
parliamentary form of the power of judicial
government, the idea of review and the concept
the rule of law, institution of the independence of
of the Speaker plus their the judiciary.
role and the law-making
procedure.
Global Influences
Canada Ireland
3 Our constitution was 4 We borrowed the
inspired about the concept of Directive
quasi-federal system of Principles of State
government and the Policy from the Irish
idea of residual powers constitution.
from the Canadian
constitution.
France Australia
5 Indian constitution 6 India borrowed the idea
takes the principles of of a Concurrent List
liberty, equality and from the Australian
fraternity. Constitution.
How were these values integrated ?
The Indian Constitution didn’t directly copy foreign constitutions; the
Constituent Assembly carefully adapted them to the Indian context:
● India's wanted to eradicate caste-based discrimination, a deeply rooted
social system, was expressed in the inclusion of Fundamental Rights
against Discrimination and reservations for Scheduled Castes, Scheduled
Tribes, and Other Backward Classes.
● Given India's diverse society, the Constitution included secularism,
assuring that the state would not favour any specific religion, which was
critical for maintaining harmony in a country with multiple religions.
● India's massive and diverse population needed a democratic system
based on universal adult suffrage, which guaranteed every adult citizen
the right to vote regardless of education, money, gender, or social
standing.
5
Implementation and
Significance
Implementation
After being completed and finalised, the Constitution of India was adopted on the
26th of January, 1950. With its adoption, the implementation of the constitution
became a matter of prudence. There are 3 major measures for effective
implementation of the constitution –
● Fundamental Rights and DPSP : These are fundamental parts of the

Constitution. Fundamental rights are basic human rights that are justiciable
and protected by the Constitution. They serve as the essential rights
guaranteed to all citizens of India.
Directive Principles of State Policy serve as a framework for governments to

frame policies and laws for the general welfare of the people. They are non-
justiciable; however, they function as guidelines for the State to achieve
socio-economic justice.
Implementation
● Establishment of Independent Institutions: The Constitution led to
the creation of independent institutions such as the Election Commission,
Public Service Commission, and others to ensure good and efficient
governance, as well as unbiased, free and fair elections and government
formation.
● Amendments to the Constitution: The Constitution has been

amended 106 times (as of September 2023) to adapt to the changing
needs of the nation and its people. This is a feature of the Constitution –
its balanced institutional design and flexibility allows for efficient
implementation.
Significance
The Constitution has played a crucial role in India's development and has been
significant in several ways:
● Promoting National Unity: The Constitution has been instrumental in
maintaining national unity despite the country's vast diversity in terms of
language, religion, and culture. Without such a document, there would be
mass disarray and chaos in such our country.
● Ensuring Stability in Governance: The Constitution has provided a
stable framework for governance, ensuring continuity and smooth
transitions of power, as well as an effective and efficient government.
Significance
● Protecting Fundamental Rights: The Constitution has safeguarded the
fundamental rights of citizens, such as the right to equality, freedom of
speech and expression, etc. These, as mentioned before, are basic human
rights that are assured to all citizens of India, which are important to
protect our dignity.
● Promoting Social and Economic Justice: The Constitution has laid the
foundation for social and economic justice through its Directive Principles
of State Policy, which guide the government's policy making, as well as
having reservations and other measures to protect the rights of
disadvantaged classes of our society.
THANK
YOU !
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Making of The Indian Constitution

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Making of the

Globally, World War II weakened European colonial powers and democratic

As the independence movement gained strength, it became clear that

The growing demand for independence made it essential to have a plan in

● Elections were held in July 1946 for the

● The Objective Resolution, introduced by Jawaharlal Nehru, laid the

● The first draft of the Constitution was presented on November 4, 1948,

● The final draft was adopted on November 26, 1949. The

● The document established a comprehensive framework for

● Fundamental Rights and DPSP : These are fundamental parts of the

Directive Principles of State Policy serve as a framework for governments to

● Amendments to the Constitution: The Constitution has been

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