1. The Making of the Constitution

Every country has rules about who holds power, how that power is used and what limits are placed on it. In India, those rules are written down in one document: the Constitution of India. It is the supreme law of the land. Every law passed by Parliament or a state legislature, every order of the government and every action of a public official must stay within its boundaries. To understand Indian polity, we must begin with the story of how this remarkable document was created.

The road to a Constituent Assembly

The demand that Indians should frame their own constitution grew steadily during the freedom struggle. The idea of a Constituent Assembly was put forward clearly in the 1930s, and the Indian National Congress formally demanded one in 1935. The demand was finally accepted in principle by the British, and the actual body was set up under the Cabinet Mission Plan of 1946.

Under this plan, the Assembly was to have a total strength of 389 members: 292 from the British Indian provinces, 93 from the princely states and 4 from the chief commissioners' provinces. Members from the provinces were not chosen directly by the people. They were indirectly elected by the members of the provincial legislative assemblies, using the method of proportional representation by single transferable vote. After the Partition of 1947, members from the areas that went to Pakistan withdrew, and the strength of the Assembly was reduced to around 299.

The Assembly held its first meeting on 9 December 1946. Dr Sachchidananda Sinha, as the oldest member, served as the temporary President. On 11 December 1946, Dr Rajendra Prasad was elected the permanent President of the Assembly. He later became the first President of the Republic of India.

The Objectives Resolution and the Drafting Committee

On 13 December 1946, Jawaharlal Nehru moved the historic Objectives Resolution. It set out the basic philosophy of the Constitution: India would be an independent, sovereign republic; all power would flow from the people; and justice, liberty and equality would be guaranteed to all. The Assembly adopted this resolution on 22 January 1947. Its ideas later took shape as the Preamble.

The Assembly worked through many committees on subjects such as fundamental rights, minorities, the Union's powers, the provinces and the princely states. The most important was the Drafting Committee, set up on 29 August 1947 with Dr B. R. Ambedkar as its Chairman. It prepared the draft constitution, defended it on the floor of the Assembly and revised it in the light of debate. For his central role, Dr Ambedkar is widely remembered as the chief architect of the Constitution. Sir B. N. Rau served as the Constitutional Adviser to the Assembly and prepared an early draft that helped the Committee.

A constitution is not a mere lawyer's document; it is a vehicle of life, and its spirit is always the spirit of the age.

— The spirit of Dr Ambedkar's message, in simple words

Adoption and commencement

After long discussion — the whole process took nearly three years (commonly given as about 2 years, 11 months and 18 days) — the Constitution was adopted on 26 November 1949. This date is now observed as Constitution Day (Samvidhan Divas). A few provisions, such as those on citizenship, elections and the provisional Parliament, came into effect on that very day.

The rest of the Constitution came into force on 26 January 1950, which we celebrate as Republic Day. This date was chosen deliberately. On 26 January 1930, following the Lahore session of the Congress, Indians across the country had celebrated 'Purna Swaraj' or complete independence day. Linking the new Constitution to that date honoured the memory of the freedom struggle.

When it came into force, the original Constitution contained a Preamble, 395 articles in 22 parts and 8 schedules. It was one of the longest written constitutions in the world. Over the years it has been amended many times (well over a hundred amendments), so the present numbers are different, but the original figures are a favourite exam question.

Borrowed features: learning from the world

The framers studied constitutions from across the world and adapted the best ideas to Indian conditions. Critics sometimes called it a 'bag of borrowings', but the framers' answer was that there is nothing to be ashamed of in learning from others, as long as the result suits India. The single biggest source was the Government of India Act, 1935, which provided much of the administrative framework.

• Government of India Act, 1935: federal scheme, office of Governor, judiciary, Public Service Commissions, emergency provisions and administrative details.
• United Kingdom: parliamentary government, rule of law, cabinet system, single citizenship, legislative procedure, prerogative writs and bicameralism.
• United States: Fundamental Rights, independence of the judiciary, judicial review, impeachment of the President, removal of judges and the post of Vice-President.
• Ireland: Directive Principles of State Policy, nomination of members to the Rajya Sabha and method of election of the President.
• Canada: federation with a strong Centre, residuary powers with the Centre, appointment of state Governors by the Centre and advisory jurisdiction of the Supreme Court.
• Australia: Concurrent List, freedom of trade and commerce, and joint sitting of the two Houses.
• Weimar Constitution of Germany: suspension of Fundamental Rights during an emergency.
• Former USSR: Fundamental Duties and the ideal of social, economic and political justice in the Preamble.
• France: the ideals of republic, liberty, equality and fraternity in the Preamble.
• South Africa: procedure for amendment of the Constitution and election of Rajya Sabha members.
• Japan: the phrase 'procedure established by law'.

Key points to remember

• Constituent Assembly formed under the Cabinet Mission Plan, 1946; first meeting 9 December 1946.
• Temporary President: Dr Sachchidananda Sinha. Permanent President: Dr Rajendra Prasad.
• Objectives Resolution moved by Jawaharlal Nehru on 13 December 1946.
• Drafting Committee set up on 29 August 1947, Chairman Dr B. R. Ambedkar.
• Adopted 26 November 1949 (Constitution Day); in force 26 January 1950 (Republic Day).
• Original Constitution: Preamble, 395 articles, 22 parts, 8 schedules.

Common exam traps

• The Assembly was not directly elected by the people; members were indirectly elected by provincial assemblies.
• Dr Ambedkar chaired the Drafting Committee, not the Constituent Assembly. The Assembly's President was Dr Rajendra Prasad.
• Do not confuse 26 November (adoption) with 26 January (commencement).
• Fundamental Duties came from the former USSR, not the USA; Directive Principles came from Ireland.

With this background, we can now look at the opening words of the Constitution — the Preamble — and the powerful idea of a 'basic structure' that no amendment can destroy.