Constitution of India - Notes for TNPSC/Competitive Exams - PDF

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The Constitution of India - Part -1
Introduction

  • The Democratic Political System of our country is based on the values and principles enshrined in the constitution. After the long dark night of foreign domination. 
  • India entered in to a new era on 15th August, 1947. The Constitution which was formed for the free India was based on the issues raised during the freedom struggle and on the vision of towering leaders like Jawarlal Lal Nehru, Sardar Patel and Dr. B.R. Ambedkar, he is regarded as the Chief Architect of the Indian Constitution.
The Salient Features

  • The Constitution of India is the Supreme Law of India. It is a Living Document, the Permanent Instrument which makes the Government System Work. 
  • It lays down the framework defining Fundamental Political Principles, Establishes the Structure, Procedures, Powers and Duties of Government Institutions and sets out Fundamental Rights, Directive Principles and the Duties of Citizens. 
  • It is the Longest Written Constitution of any Sovereign Country in the World. The Nation is Governed on the basis of this Constitution. 
  • India is a Union of States. It is a Sovereign Socialist Secular Democratic Republic with Parliamentary System of Government. 
  • The Republic is Governed in terms of the Constitution of India which was adopted by the Constituent Assembly on 26th November, 1949 and came into force on 26th January, 1950. 
  • The Constitution provides for a Parliamentary Form of Government which is Federal in structure with certain Unitary Features. 
The President of India
  • The constitutional Head of the Executive of the Union is the President. As per Article 79 of the Constitution of India, the Council of the Parliament of the Union consists of the President and two Houses known as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). 
The Council of Ministers and Prime Minister
  • The Article 74(1) of the Constitution provides that there shall be a Council of Ministers with the Prime Minister as its Head to Aid and Advise the President, who shall exercise his/her functions in accordance to the advice. The Real Executive Power is thus vested in the Council of Ministers with the Prime Minister as its Head.
  • The Constitution of India imparts Constitutional Supremacy and not Parliamentary Supremacy as it is not created by the Parliament but created by a Constituent Assembly and adopted by its people with a declaration in the Preamble to the Constitution. Parliament cannot override the Constitution.
  • To ensure Constitutional Autocracy, the framers of constitution repealed the prior Acts of the British Parliament via the Article 395 of the constitution. 
  • India celebrates the coming into force of the constitution on 26 January each year as Republic Day. As per the Cabinet Mission Plan of 1946, the Constituent Assembly was set up in November 1946.
The Constituent Assembly
  • The Constitution was Drafted by the Constituent Assembly, which was elected by the elected members of the provincial assemblies. The 389 Member Constituent Assembly took almost three years (02 years, 11 months and 18 days to be precise) to complete its historic task of drafting the Constitution for Independent India. 
  • During this period, it held Eleven sessions covering a total of 165 days. Of these, 114 days were spent on the consideration of the Draft Constitution. 
  • On 29 August 1947, the Constituent Assembly set up a Drafting Committee under the Chairmanship of Dr. B.R. Ambedkar to prepare a Draft Constitution for India. 
  • While deliberating upon the draft Constitution, the Assembly moved, discussed and disposed of as many as 2,473 amendments out of a total of 7,635 tabled. 
The Important Figures and Members
  • Dr B.R. Ambedkar, Sanjay Phakey, Jawaharlal Nehru, C. Rajagopalachari, Rajendra Prasad, Sardar Vallabhbhai Patel, Kanaiyalal Munshi, Ganesh Vasudev Mavalankar, Sandipkumar Patel, Maulana Abul Kalam Azad, Shyama Prasad Mukherjee, Nalini Ranjan Ghosh, and Balwantrai Mehta were some important figures in the Assembly. 
  • There were more than 30 members of the Scheduled Classes. Frank Anthony represented the Anglo-Indian community, and the Parsis were represented by H. P. Modi. 
  • The Chairman of the Minorities Committee was Harendra Coomar Mookerjee, a distinguished Christian who represented all Christians other than Anglo-Indians. 
  • Ari Bahadur Gururng represented the Gorkha Community. Prominent Jurists like Alladi Krishnaswamy Iyer, Benegal Narsing Rau and K. M. Munshi, Ganesh Mavlankar were also members of the Assembly. 
  • Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh, Rajkumari Amrit Kaur and Vijayalakshmi Pandit were important women members.
The President of the constituent Assembly
  • The First Temporary 02-Day President of the Constituent Assembly was Dr Sachchidananda Sinha.  The members of the Constituent Assembly met for the first time on 09 December 1946. 
  • Later Dr Rajendra Prasad was elected as the President of the Constituent Assembly on 11th December, 1946
  • The Historic 'Objective Resolution' was moved in the Constituent Assembly by Pandit. Jawaharlal Nehru on 13th December, 1946 which  become the Preamble of Our Constitution.
The Drafting of the Constitution
  • A Draft Constitution was prepared by the committee and submitted to the Assembly on 04 November 1947. Draft constitution was debated and over 2000 Amendments were moved over a period of Two Years. 
  • On the 14 August 1947 meeting of the Assembly, a proposal for forming various committees was presented. Such committees included a Committee on Fundamental Rights, the Union Powers Committee and Union Constitution Committee.
  • The 07 Members Drafting Committee was setup on 29th August, 1947 under the Chairmanship of Dr. B.R. Ambedkar.
  • The design of National Flag was adopted by the constituent Assembly on July 22, 1947.
  • The National Anthem was adapted by the Constituent Assembly on January 24, 1950.
  • B.N Rau was appointed as the Legal Adviser of the Constituent Assembly
The Members of Drafting Committee
  1. Dr. B.R. Ambedkar. - The Chairman
  2. Alladi Krishna Swami Ayyar
  3. K.M. Munshi
  4. N.G.S. Ayyangar
  5. Md. Sadullah
  6. N. Madhav Rao (In Place of B.L. Mitra)
  7. D.P. Khetan (T. Krishnamachari after Khetan's death in 1948) 
The National Law Day or Constitution Day
  • Finally on 26 November 1949, the process was completed and Constituent assembly adopted the constitution. 284 members signed the document and the process of constitution making was complete. This day is celebrated as National Law Day or Constitution Day.
  • The Assembly met in sessions open to the public, for 166 days, spread over a period of 2 years, 11 months and 18 days before adopting the Constitution, the 308 members of the Assembly signed two copies of the document (one each in Hindi and English) on 24 January 1950. 
The Calligraphy of Constitution
  • The original Constitution of India is Hand-Written with Beautiful Calligraphy, each page beautified and decorated by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal Bose. 
  • The Illustrations on the cover and pages represent styles from the different civilizations of the subcontinent, ranging from the Prehistoric Mohenjodaro Civilisation, in the Indus Valley, to the present. 
  • The Calligraphy in the book was done by Prem Behari Narain Raizda. It was published in Dehra Dun, and photo lithographed at the offices of Survey of India. 
The Law Enacted
  • The entire exercise to produce the original took nearly five years. Two days later, on 26 January 1950, the Constitution of India became the law of all the States and territories of India. 
  • The constitution of India was formally enacted on 26th November, 1949. The Constitution on India came into force on 26th January, 1950.
  • Rs.1,00,00,000 was official estimate of expenditure on Constituent Assembly. The Constitution has undergone many Amendments since its Enactment.
  • The Original 1950 Constitution of India is preserved in Helium Cases in the Parliament House, New Delhi. There are Two Original Versions of this-one in Hindi and the other in English.
  • The Constitution declares India a Sovereign, Secular, Democratic Republic, Assuring its Citizens of Justice, Equality, and Liberty, and Endeavors to Promote Fraternity among them.
  • There were 395 Articles and 8 Schedules in the Constitution when it was finally passed
  • At present the constitution consists on 444 Articels and 12 schedules.
Timeline of Making of the Constitution of India

1945
  • 26 July Labour Government comes into power in Britain
  • December-January General Elections in India
1946
  • 16 May Cabinet Mission announces its Constitutional Scheme
  • 06 June Muslim League accepts Cabinet Mission’s Constitutional Scheme
  • 16 June Cabinet Mission presents scheme for the formation of an Interim Government at the Centre
  • 02 September Congress forms Interim Government with Nehru as the Vice-President
  • 13 October Muslim League decides to join the Interim Government
  • 03-06 December British Prime Minister, Attlee, meets some Indian leaders, the  talks fail
  • 09 December Constituent Assembly begins its Sessions
1947
  • 29 January Muslim League demands Dissolution of Constituent Assembly
  • 16 July Last meeting of the Interim Government
  • 11 August Jinnah elected President of the Constituent Assembly of Pakistan
  • 14 August Pakistan Independence; celebrations in Karachi
  • 14-15 August At midnight India celebrates Independence
1949
  • December Constitution is Signed
The Various Committees and the Chairman 
  1. The Drafting Committee - B.R. Ambedkar
  2. Flag Committee - J.B. Kripalani
  3. Union Power Committee - Jawar Lal Nehru
  4. Fundamental Rights and Minority Committee - Sardar Vallabhai Patel
  5. Provisional Constitution Committee - Sardar Vallabhai Patel
  6. Union Constitution Committee - Jawar Lal Nehru
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