UNIT I INTRODUCTION 6

History of Making of the Indian Constitution - Drafting Committee - Philosophy of the

Indian Constitution - Preamble - Salient Features.

HISTORY OF MAKING OF THE INDIAN CONSTITUTION

The making of the Indian Constitution is a remarkable chapter in the history of modern India.
It involved the synthesis of diverse ideas, cultures, and legal traditions, reflecting the
aspirations of a newly independent nation. Here’s an overview of the process:

Background and Context

 Colonial Rule and Demand for Self-Government: India was under British colonial
rule for nearly two centuries. The demand for self-governance grew stronger in the
early 20th century, leading to various reforms and the eventual promise of
independence.
 Government of India Act, 1935: This was a significant piece of legislation that laid
the foundation for the structure of government in independent India. However, it was
seen as inadequate by Indian leaders who sought complete independence.

The Constituent Assembly

 Formation: The Constituent Assembly of India was formed in 1946 under the
Cabinet Mission Plan proposed by the British government. The assembly consisted of
389 members, representing various regions, communities, and political affiliations of
India.
 Composition: The assembly included prominent leaders like Dr. B.R. Ambedkar,
Jawaharlal Nehru, Sardar Vallabhbhai Patel, Rajendra Prasad, and many others. Dr.
B.R. Ambedkar was appointed the Chairman of the Drafting Committee.
 Diverse Representation: The assembly aimed to represent the diversity of India,
including various religions, castes, and linguistic groups, although it was criticized for
not being fully representative of the entire population.

Drafting the Constitution

 Inspiration and Sources: The Indian Constitution drew inspiration from various
sources:
o British Constitution: Parliamentary system and rule of law.

o United States Constitution: Fundamental rights and judicial review.

o Irish Constitution: Directive Principles of State Policy.
o French Constitution: The ideas of liberty, equality, and fraternity.
o Canadian Constitution: Federal structure with a strong central government.
  Drafting Committee: The Drafting Committee, led by Dr. B.R. Ambedkar, was
tasked with preparing the draft of the Constitution. The committee worked
meticulously, considering the views of various members and incorporating
suggestions.
 Debates and Discussions: The Constituent Assembly held extensive debates over
nearly three years, discussing various provisions and principles. The debates were
detailed, reflecting the challenges of creating a constitution for a diverse and newly
independent nation.

Key Features of the Constitution

 Preamble: The preamble to the Constitution outlines the guiding principles—justice,

liberty, equality, and fraternity. It declares India as a Sovereign, Socialist, Secular,
and Democratic Republic.
 Fundamental Rights: Part III of the Constitution guarantees fundamental rights to all
citizens, including the right to equality, freedom of speech, and protection against
discrimination.
 Directive Principles of State Policy: Part IV of the Constitution outlines the
Directive Principles, which are guidelines for the state to ensure social and economic
welfare.
 Federal Structure: The Constitution establishes India as a federal polity with a
division of powers between the Union and State governments.
 Amendment Procedure: The Constitution provides a flexible yet rigid procedure for
amendments, allowing it to evolve with changing times while protecting its core
principles.

Adoption and Enforcement

 Adoption: The Constitution was adopted by the Constituent Assembly on November

26, 1949. This day is celebrated as Constitution Day or Samvidhan Divas.
 Enforcement: The Constitution came into effect on January 26, 1950, marking the
beginning of the Republic of India. January 26 was chosen to honor the 1930
declaration of Purna Swaraj (complete independence) by the Indian National
Congress.

Legacy

The Indian Constitution is the longest written constitution of any sovereign nation in the
world. It has undergone several amendments but continues to serve as the bedrock of Indian
democracy, ensuring the protection of rights and upholding the principles of justice, liberty,
and equality. Its creation was a monumental achievement, reflecting the vision and
commitment of the leaders who crafted it.

DRAFTING COMMITTEE

The Drafting Committee of the Indian Constitution was one of the most crucial committees
involved in the framing of the Constitution of India. It was responsible for preparing the draft
of the Constitution that would later be debated, modified, and eventually adopted by the
Constituent Assembly.

Formation of the Drafting Committee

 Establishment: The Drafting Committee was established on August 29, 1947, by the
Constituent Assembly of India, shortly after India gained independence from British
rule.
 Chairman: Dr. B.R. Ambedkar was appointed as the Chairman of the Drafting
Committee due to his profound knowledge of law, his advocacy for social justice, and
his deep commitment to the principles of equality and liberty.

Members of the Drafting Committee

The committee initially consisted of seven members, although changes occurred due to
resignations and deaths. The original members were:

1. Dr. B.R. Ambedkar (Chairman): He was the principal architect of the Indian
Constitution and played a pivotal role in shaping its provisions, particularly those
related to fundamental rights and social justice.
2. N. Gopalaswami Ayyangar: A former Prime Minister of Jammu and Kashmir, he
brought his experience in administration and governance to the committee.
3. Alladi Krishnaswamy Ayyar: A distinguished lawyer from Madras (now Chennai),
Ayyar was known for his expertise in constitutional law and contributed significantly
to the legal framework of the Constitution.
4. K.M. Munshi: A lawyer, freedom fighter, and politician, Munshi was instrumental in
drafting key provisions, including those related to fundamental rights and the
Preamble.
5. Syed Mohammad Saadullah: A jurist and politician from Assam, Saadullah
contributed to the debates on minority rights and federalism.
6. N. Madhava Rao: He was initially an official in the princely state of Mysore and was
later co-opted into the committee after D.P. Khaitan's death. Madhava Rao
contributed his administrative experience and legal knowledge.
7. T.T. Krishnamachari: He joined the committee after the resignation of B.L. Mitter.
A prominent politician and industrialist, Krishnamachari played a key role in the
economic and administrative provisions of the Constitution.

Role and Contribution of the Drafting Committee

 Preparation of the Draft: The Drafting Committee was tasked with preparing the
initial draft of the Constitution. This draft was based on the discussions and decisions
made by various other committees of the Constituent Assembly, as well as the vast
body of knowledge available from other constitutions around the world.
 Debates and Revisions: The draft prepared by the committee was subject to
extensive debates in the Constituent Assembly. The committee, particularly Dr. B.R.
Ambedkar, responded to various suggestions, criticisms, and proposed amendments,
making necessary revisions to ensure a balanced and comprehensive document.
  Fundamental Rights: Dr. Ambedkar and the committee members placed significant
emphasis on the inclusion of fundamental rights in the Constitution, ensuring the
protection of individual liberties and rights against state encroachment.
 Directive Principles of State Policy: The committee also contributed to the framing
of the Directive Principles of State Policy, which, though non-justiciable, were meant
to guide the state in the formulation of policies aimed at social and economic welfare.
 Federal Structure and Judiciary: The Drafting Committee was instrumental in
defining the federal structure of the Indian Union and establishing an independent
judiciary, including the provisions for judicial review.

Challenges Faced

 Balancing Diverse Interests: One of the key challenges faced by the Drafting
Committee was balancing the diverse interests of various regions, religions, castes,
and linguistic groups in India. The committee had to ensure that the Constitution
reflected the pluralistic nature of Indian society.
 Lengthy and Complex Process: The drafting process was lengthy and complex, with
over 2000 amendments considered during the debates in the Constituent Assembly.
The committee had to carefully navigate through these to produce a coherent and
comprehensive document.

Legacy of the Drafting Committee

The Drafting Committee, under the leadership of Dr. B.R. Ambedkar, succeeded in creating a
Constitution that has withstood the test of time. The Indian Constitution is admired for its
depth, inclusiveness, and adaptability. It remains a living document, guiding the governance
of India and protecting the rights of its citizens.

PHILOSOPHY OF THE INDIAN CONSTITUTION

The philosophy of the Indian Constitution reflects the foundational principles and values that
guide the governance and functioning of the Republic of India. These principles are rooted in
the aspirations of the Indian people and the historical, social, and political context of the
country at the time of its independence. The philosophy can be broadly understood through
the following key elements:

1. Sovereignty

 Popular Sovereignty: The Constitution of India establishes the principle of popular

sovereignty, meaning that the ultimate power rests with the people of India. The
preamble begins with "We, the people of India," affirming that the Constitution
derives its authority from the people and is meant to serve their interests.

2. Democracy

 Democratic Governance: India is declared a "Democratic Republic" in the

Preamble, signifying that the head of state is elected and that the government is based
on the will of the people. Democracy is a fundamental aspect of the Constitution,
 ensuring that citizens have the right to elect their representatives through free and fair
elections.
 Parliamentary System: The Constitution adopts a parliamentary system of
government, where the executive is accountable to the legislature and, ultimately, to
the people. This system is designed to ensure that the government remains responsive
to the needs and aspirations of the citizens.

3. Secularism

 Secular State: The Indian Constitution envisions a secular state, where the
government does not favor or discriminate against any religion. All religions are
treated equally, and citizens have the right to practice, profess, and propagate their
religion freely. Secularism is a core value that promotes harmony and coexistence
among India's diverse religious communities.

4. Socialism

 Social Justice and Equality: The inclusion of "Socialist" in the Preamble reflects the
commitment to social justice and the equitable distribution of wealth. The
Constitution seeks to reduce inequalities in income, status, and opportunities, and
aims to create a society where the welfare of all citizens is prioritized.
 Directive Principles of State Policy: The Directive Principles, though non-
justiciable, embody the spirit of socialism by guiding the state to create conditions for
social and economic welfare, such as providing adequate means of livelihood,
ensuring equal pay for equal work, and reducing the concentration of wealth.

5. Justice

 Social, Economic, and Political Justice: The Preamble emphasizes the importance
of justice—social, economic, and political. This reflects the Constitution's
commitment to creating a society where all citizens have equal opportunities and
access to resources, and where the law is applied fairly and impartially.
 Fundamental Rights: The Constitution guarantees fundamental rights to all citizens,
ensuring protection against discrimination and injustice. These rights are enforceable
by the courts and form the cornerstone of India's democratic framework.

6. Liberty

 Liberty of Thought, Expression, Belief, Faith, and Worship: The Constitution

guarantees individual freedoms, including freedom of speech and expression, freedom
of religion, and personal liberties. These rights are essential for the development of
individual personality and for fostering a vibrant and pluralistic society.
 Freedom of the Press: Although not explicitly mentioned in the Constitution, the
freedom of the press is derived from the broader freedom of speech and expression,
which is crucial for a functioning democracy.

7. Equality
  Equality Before the Law: The Constitution guarantees equality before the law and
equal protection of the laws to all citizens. This means that no person is above the
law, and everyone is entitled to equal treatment by the legal system.
 Prohibition of Discrimination: The Constitution explicitly prohibits discrimination
on the grounds of religion, race, caste, sex, or place of birth. It also provides for
affirmative action to uplift historically disadvantaged groups, ensuring substantive
equality.

8. Fraternity

 Unity and Integrity: The concept of fraternity emphasizes the need for a sense of
brotherhood among all Indians, promoting national unity and integrity. This is crucial
in a country as diverse as India, where the Constitution seeks to foster a sense of
belonging and solidarity among its citizens.
 Dignity of the Individual: Fraternity is also linked to the respect for the dignity of
each individual, ensuring that every person is treated with respect and has access to
basic rights and opportunities.

9. Federalism

 Union of States: The Constitution establishes India as a federal polity, with a division
of powers between the Union (central) government and the states. This federal
structure allows for the accommodation of India's diverse regional and linguistic
identities while maintaining national unity.
 Cooperative Federalism: The Indian Constitution also promotes cooperative
federalism, encouraging the central and state governments to work together in
harmony to address the needs of the people.

10. Judicial Independence

 Independent Judiciary: The Constitution provides for an independent judiciary,

which acts as the guardian of the Constitution and the protector of fundamental rights.
Judicial independence ensures that the judiciary can check the powers of the executive
and the legislature, maintaining the rule of law and upholding the principles of justice.

PREAMBLE

The Preamble to the Indian Constitution serves as an introduction to the Constitution,

outlining its fundamental values, objectives, and the guiding philosophy of the nation. It
reflects the essence of the Constitution and the aspirations of the people of India. Here’s a
detailed look at the Preamble:

Text of the Preamble

The Preamble to the Indian Constitution reads:

"WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to
all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the
Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do

HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION."

Key Components of the Preamble

1. "We, the People of India":

o The Preamble begins with the assertion that the Constitution derives its
authority from the people of India, emphasizing the concept of popular
sovereignty. This phrase signifies that the power to govern is vested in the
citizens, and the government is established to serve their will.
2. Sovereign:
o India is declared a sovereign state, meaning that it is independent and free
from external control. The country has the supreme authority to make
decisions on its internal and external affairs without any interference from
other states or external powers.
3. Socialist:
o The term "socialist" was added to the Preamble by the 42nd Amendment in
1976. It reflects the commitment of the Indian state to achieve social and
economic justice, with an emphasis on reducing inequalities in income, status,
and opportunities. The state seeks to ensure a fair distribution of wealth and
resources, aiming for the welfare of all citizens.
4. Secular:
o "Secular" was also added by the 42nd Amendment. It signifies that India is a
secular state, where all religions are treated equally, and there is no state
religion. Citizens have the freedom to practice, profess, and propagate any
religion, or choose not to follow any religion. The state does not favor or
discriminate against any religion.
5. Democratic:
o The term "democratic" indicates that India has a system of government where
the rulers are elected by the people. The principles of democracy include free
and fair elections, the rule of law, the protection of fundamental rights, and the
accountability of the government to the people.
6. Republic:
o By declaring India a "republic," the Preamble asserts that the head of state is
elected, not hereditary. This means that the highest public office in the
country, the President of India, is elected by the people (through an electoral
college) and not by virtue of birth.
 7. Justice:
o The Preamble commits to securing justice for all citizens in three dimensions:
social, economic, and political.
 Social Justice: Aims to create a society free from discrimination and
inequality, ensuring that all citizens have equal access to opportunities
and resources.
 Economic Justice: Ensures the fair distribution of wealth, economic
resources, and opportunities, aiming to reduce economic disparities.
 Political Justice: Guarantees equal participation in the political
process, providing every citizen with the right to vote and contest
elections.
8. Liberty:
o The Preamble guarantees the liberty of thought, expression, belief, faith, and
worship to all citizens. This ensures that individuals have the freedom to
express their opinions, follow any religion or belief, and engage in practices of
their choice, without fear of oppression or discrimination.
9. Equality:
o The Preamble emphasizes the principle of equality, assuring equality of status
and opportunity to all citizens. This means that everyone is entitled to equal
rights and opportunities, without discrimination on the basis of religion, race,
caste, sex, or place of birth.
10. Fraternity:
o Fraternity in the Preamble refers to a sense of brotherhood among all citizens
of India. It promotes the dignity of the individual and the unity and integrity of
the nation. Fraternity ensures that the diversity of India does not become a
source of division but rather a basis for strength and unity.
11. Dignity of the Individual:
o The Preamble underscores the importance of respecting and upholding the
dignity of every individual. This is essential in a democratic society, where
each person’s rights and freedoms are recognized and protected.
12. Unity and Integrity of the Nation:
o The Preamble also highlights the importance of maintaining the unity and
integrity of India, a country with immense diversity in terms of culture,
language, religion, and ethnicity. This commitment to unity ensures that India
remains a cohesive and united nation.

Significance of the Preamble

 Summary of the Constitution: The Preamble encapsulates the essence and

objectives of the Indian Constitution. It acts as a brief introduction, summarizing the
goals and values that the Constitution aims to achieve.
  Guiding Light: While the Preamble is not legally enforceable, it serves as a guiding
light for the interpretation of the Constitution. The Supreme Court of India has often
referred to the Preamble to understand the true spirit and intent of the Constitution’s
provisions.
 Foundation of Indian Democracy: The Preamble lays the foundation for the
democratic and inclusive character of the Indian state, affirming the commitment to
the principles of justice, liberty, equality, and fraternity.

SALIENT FEATURES

The Indian Constitution is known for its unique and comprehensive nature, incorporating
various features that cater to the diverse needs of the country. Below are the salient features
of the Indian Constitution:

1. Lengthiest Written Constitution

 Comprehensive and Detailed: The Indian Constitution is the longest written

constitution in the world. It originally contained 395 articles divided into 22 parts and
8 schedules. Over the years, it has been amended several times, and now contains
over 450 articles, 25 parts, and 12 schedules. The Constitution covers a wide range of
topics, including the structure of government, fundamental rights, directive principles,
federal structure, and more.

2. Sovereign, Socialist, Secular, Democratic Republic

 Sovereign: India is a sovereign state, meaning it is free to make its own decisions,
both internally and externally, without any interference from other countries.
 Socialist: The Constitution commits to social and economic equity, aiming to reduce
inequalities in wealth and status through policies that promote social welfare.
 Secular: India is a secular state, which means that the government does not favor or
discriminate against any religion. All religions are treated equally.
 Democratic: India has a democratic system of governance, where the government is
elected by the people through free and fair elections.
 Republic: India is a republic, meaning that the head of state (the President) is elected,
not hereditary.

3. Parliamentary Form of Government

 Bicameral Legislature: The Indian Parliament consists of two houses: the Lok Sabha
(House of the People) and the Rajya Sabha (Council of States). The executive (Prime
Minister and Council of Ministers) is responsible to the legislature.
 Collective Responsibility: The Council of Ministers, headed by the Prime Minister,
is collectively responsible to the Lok Sabha. If the Lok Sabha passes a vote of no
confidence, the entire Council of Ministers must resign.
4. Federal Structure with a Unitary Bias

 Division of Powers: The Constitution establishes a federal structure, dividing powers

between the Union and State governments. This division is outlined in the Union List,
State List, and Concurrent List.
 Unitary Features: In certain circumstances, such as during emergencies, the
Constitution allows the central government to assume greater control, thereby giving
the Constitution a unitary character.

5. Fundamental Rights

 Guaranteed Rights: The Constitution guarantees fundamental rights to all citizens,

which are justiciable and enforceable by the courts. These include the right to
equality, freedom, protection against exploitation, freedom of religion, cultural and
educational rights, and the right to constitutional remedies.
 Judicial Review: The Supreme Court and High Courts have the power to review any
law or action of the government that violates these rights, ensuring the protection of
individual liberties.

6. Directive Principles of State Policy

 Non-Justiciable Guidelines: The Directive Principles, enshrined in Part IV of the

Constitution, are non-justiciable guidelines for the state to promote social and
economic welfare. While not enforceable by the courts, they are fundamental in the
governance of the country and aim to create a welfare state.
 Examples: These principles include provisions for securing a living wage, promoting
education and public health, and ensuring the right to work and social security.

7. Fundamental Duties

 Moral Obligations: The 42nd Amendment in 1976 introduced a list of Fundamental

Duties for citizens in Part IV-A of the Constitution. These duties, though non-
justiciable, are considered moral obligations that promote a sense of responsibility
among citizens.
 Examples: Fundamental Duties include respecting the national symbols, promoting
harmony, protecting the environment, and defending the country.

8. Independent Judiciary

 Guardian of the Constitution: The judiciary in India is independent of the executive

and legislature. The Supreme Court is the highest court, followed by High Courts at
the state level, and subordinate courts.
 Judicial Review: The judiciary has the power of judicial review, meaning it can
declare laws or executive actions unconstitutional if they violate the Constitution.
 Public Interest Litigation: The judiciary allows for Public Interest Litigation (PIL),
enabling citizens to seek justice for public wrongs, even if they are not directly
affected.

9. Rigid and Flexible Constitution

  Amendment Procedure: The Indian Constitution provides a balance between rigidity
and flexibility. Some provisions can be amended by a simple majority in Parliament,
while others require a special majority and, in some cases, ratification by at least half
of the state legislatures.
 Scope for Evolution: This flexible amendment process allows the Constitution to
adapt to changing circumstances while preserving its fundamental structure.

10. Single Citizenship

 Unity and Integrity: Unlike many federal countries, India has a provision for single
citizenship. This means that every Indian is a citizen of India only, irrespective of the
state or territory in which they reside, fostering national unity and integrity.

11. Universal Adult Suffrage

 Right to Vote: The Constitution grants universal adult suffrage to all citizens aged 18
and above, irrespective of their gender, caste, religion, or economic status. This
ensures a broad-based and inclusive democratic process.

12. Emergency Provisions

 National Emergencies: The Constitution provides for emergency provisions that can
alter the federal structure and the functioning of the government in times of crisis.
These emergencies include National Emergency, State Emergency (President's Rule),
and Financial Emergency.
 Concentration of Power: During emergencies, the central government can assume
greater powers, and certain fundamental rights can be suspended.

13. Secular State

 Equal Respect for All Religions: The Constitution declares India a secular state,
ensuring that the government does not promote any religion. All citizens have the
right to practice, profess, and propagate any religion or none.

14. Bicameralism

 Two Houses of Parliament: The Indian Parliament is bicameral, consisting of the

Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The
bicameral system ensures a balance between popular representation (Lok Sabha) and
representation of the states (Rajya Sabha).

15. Special Provisions for Minorities and Weaker Sections

 Protection and Upliftment: The Constitution contains special provisions to protect

the interests of minorities, Scheduled Castes (SCs), Scheduled Tribes (STs), and other
socially and economically backward classes. These provisions include reservation in
education, employment, and political representation.

16. Secularism
  Equal Respect for All Religions: The Indian Constitution guarantees that India is a
secular state. This means that the state does not have an official religion and treats all
religions equally. Citizens are free to practice, propagate, and profess any religion or
none.

17. Special Provisions for Weaker Sections

 Reservation and Protection: The Constitution provides special provisions for the
protection and upliftment of socially and economically weaker sections of society,
including Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward
Classes (OBCs). These include reservations in education, employment, and political
representation.

18. Constitutional Bodies

 Independent Authorities: The Constitution provides for the establishment of various

independent constitutional bodies, such as the Election Commission, Comptroller and
Auditor General, Union Public Service Commission, and Finance Commission. These
bodies ensure the smooth functioning of democracy and governance.