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Constituent Assembly - Making of the Indian Constitution

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GS-II: Polity

What is a Constituent Assembly? 

What is the historical background of the constituent assembly in india, what was the composition of the constituent assembly , what were the developments during the making of the indian constitution, when did the constitution come into force, what were the various committees of the constituent assembly, organizational committee.

• Principal Committees and their sub-committees

Other Sectoral Committees

What are the criticisms of the constituent assembly , previous year questions(pyqs), frequently asked questions (faqs) .

Prelims:  Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.

Mains:   Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions, and basic structure.

• The Constituent Assembly is an institution specifically conceived for the creation or modification of a Constitution . The Constituent Assembly has the power to dictate or change the norms that will govern the functioning of the political and social system of a territory. 
• The Constituent Assembly's objective was drafting and formulating the Constitution of India because that was the only way the self-determination concept could be implemented in India. 

• The Constituent Assembly comprised members who were partly elected and partly nominated . The elected members were indirectly elected by members of the provincial legislative Assembly , who were elected on the limited franchise. 

The Indian Constitution was made by the Constituent Assembly, which came into existence as per the provisions of the Cabinet Mission of May 1946. Its task was to formulate a Constitution for facilitating the appropriate transfer of sovereign power from British authorities to Indian hands. 

• 9 December 1946: The Constituent Assembly sat for the first time.
• 11 December 1946: Rajendra Prasad as President, Harendra Coomar Mookerjee and V.T. Krishnamachari as the Vice Presidents were elected, and B. N. Rau as Constitutional legal advisor was appointed.
• It is geared toward fostering economic and political security in India through a written Constitution and declaring India a Sovereign, Democratic Republic.
• It fostered the formulation of a federal with the even-handed distribution of powers between the Centre and the states.
• It strives to secure equality, justice, and freedom of thought, expression, belief, faith, association , and associated action for each subject of the country.
• It is geared toward providing necessary protection to the minority and backward section of society.
• It strives to secure the integrity of the territory of the Indian republic and follow the law of any civilized nation to secure rights on land, sea, and air.
• 22 January 1947: The Resolution was unanimously adopted by the Assembly. 

July 1947- Indian Independence Act, 1947:  The Act made the following changes in the position of the Constituent Assembly:

• The Assembly was given complete autonomy and the power to draft any Constitution it chose. 
• The Act gave the Assembly the authority to annul or amend any law passed by the British Parliament regarding India.
• The Assembly was also given legislative authority. As a result, the Assembly was elected as India's first free Parliament (Dominion Legislature). Dr. Rajendra Prasad presided over meetings of the Assembly as the Constituent body, and G.V. Mavlankar presided over those of the Assembly as the Legislative body.
• July - October 1947: Preparation of the first draft by the Constitutional advisor, Constitutional Advisor started putting together the first draft of the Constitution by aligning the reports already discussed and adopted.
•   22 July 1947: The Constituent Assembly adopted the National flag.
• October 1947- February 1948: Deliberations in Drafting Committee and resultant draft Constitution, Drafting committee produced the draft Constitution by February 21, 1948, which contained 315 Articles and 8 Schedules. 
• 4 November 1948 - 9 November 1948 (First reading): Drafting committee published the draft Constitution of India in February 1948. The draft was introduced in the Assembly in November 1948. 
• 15 November 1948 – 17 October 1949 (Second reading): Clause-by-clause draft discussion was conducted in the Assembly.
• May 1949: The Constituent Assembly accepted and approved India's membership of the British Commonwealth . 
• 14 November 1949 - 26 November 1949 (Third reading): The Assembly finished the third reading.
• 26 November 1949: The Constituent Assembly passed and adopted the Constitution of India. 
• 24 January 1950: The Constituent Assembly elected Dr. Rajendra Prasad as the first President of India and, adopted the National anthem and National song . 

• As per the provisions in the Constitution, it formally commenced on January 1950, bringing it into force in its entirety. This date was chosen to commemorate the declaration of ‘Poorna Swaraj’ by J.L. Nehru at an annual session of the Congress in Lahore in 1929. 
• Some of the Constitution's provisions, included in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, and 393, relating to citizenship , elections, a provisional parliament , temporary and transitional laws, and short titles, came into effect on November 26, 1949.
• The remaining provisions of the Constitution took effect on January 26, 1950, and the entire Constitution was enforced. This day is celebrated as Republic Day .

The Constituent Assembly, at various points during the Constitution-making process, appointed several committees on different aspects of the Constitution to conduct preliminary research and deliberations within smaller groups. 

Principal Committees and their sub-committees                 

Several scholars and Constitutional experts have criticized the Constituent Assembly on various grounds. These are as follows: 

• Not a representative Body: Its members were not directly elected based on the universal adult franchise .
• Not a Sovereign Body: It was created by the British proposals, and its sessions were held with the permission of the British Government.
• Time-Consuming: It took an unduly long time to frame the Constitution, on the other hand the American Constitution was formed in 4 months. 
• Dominated by Congress : Granville Austin commented that “The Constituent Assembly was one party body in an essentially one-party country. The Assembly was the Congress, and the Congress was India".
• Lawyer- Politician Domination : Scholars maintain that they dominated the Constituent Assembly and are not representative of other sections. 
• Dominated by Hindus : Winston Churchill commented that the Constituent Assembly represents "Only one major community in India".

Despite these criticisms, we may assert that our founding parliament was a collection of India's finest, who helped make the Indian Constitution the most dependable and wisest among all national Constitutions.

Q) What was the exact Constitutional status of India on 26th January 1950? (2020)

• A Democratic Republic
• A Sovereign Democratic Republic
• A Sovereign Secular Democratic Republic
• A Sovereign Socialist Secular Democratic Republic

Q) With reference to Indian National Movement, consider the following pairs:(201 9)    

Which of the pairs given above is/are correctly matched?

• 1 and 2 only

Q) Who among the following was the chairman of the Union Constitution Committee of the Constituent Assembly?   (2005)

• B.R. Ambedkar
• J. B. Kripalani 
• Jawaharlal Nehru  
• Alladi Krishnaswami Ayyar

Q) Who were some of the important members of the Constituent Assembly?

Some of the important members of the Constituent Assembly were John Matthai, K. T. Shah , Baldev Singh, K. C. Neogy, Raj Kumari Amrit Kaur, V. N. Gadgil, I.I. Chundrigar, Frank Anthony, Hifzur Rahman Seoharwi, Jaipal Singh Munda.

Q) Who was the first president of the Constituent Assembly? 

Dr. Sachchidananda Sinha, the Assembly's oldest member, was chosen as its temporary president following French practice. Later  Dr. Rajendra Prasad was elected as the permanent president of the Constituent Assembly. 

Q) Who were the members of the Drafting committee? 

Members of the Drafting committee included  Dr. B. R. Ambedkar, K. M. Munshi, Muhammed Saadulah, Alladi Krishnaswamy Iyer, Gopala Swami Ayyangar, N. Madhava Rao (He replaced B. L. Mitter who resigned due to ill-health), T. T Krishnamachari (He replaced D. P. Khaitan who died in 1948).   

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The Making Of The Indian Constitution

9 december 1946 - 26 january 1950.

By Nehru Memorial Museum and Library

Nehru Memorial Museum & Library

The Constitution of India was adopted on 26 January 1950. The 299 member Constituent Assembly drafted the Constitution of India over three years.

Making of the Constitution (1946-1950) (1946-12-09/1949-11-26) Nehru Memorial Museum and Library

The Making of the Indian Constitution

The inaugural session began with Acharya J.B. Kriplani introducing Dr. Sachchidananda Sinha, the oldest member of the Assembly, who was proposed as its chair.  Dr. Sachchidananda Sinha was nominated Chairman, Constituent Assembly (1946-1949). 

The first session of the Constituent Assembly was held on 11 December 1946, where Dr. Rajendra Prasad was unanimously elected as its President.

Making of the Indian Constitution (1946-1950) (1946-12-09/1949-11-26) Nehru Memorial Museum and Library

The first meeting of the Constituent Assembly was attended by 205 members, including 9 women, under the chairmanship of Dr. Sachchidananda Sinha, on 9 December 1946.

A visual of Jawaharlal Nehru addressing the Constituent Assembly on 10 December 1946.

Dr. Sarvapalli Radhakrishnan, Member of the Constituent Assembly (1946-1949), said during the First Session in December 1946: “It is essential for any constitution which is drawn up to make all the citizens realise that their basic privileges -- education, social and economic are afforded to them; that there will be cultural autonomy; that nobody will be suppressed..."

He continued, "[...] that it will be a constitution which will be democratic in the true sense of the term, where, from political freedom we will march on to economic freedom and equity.  Every individual should feel that he is proud to belong to this great land. Apart from all these, a nation does not depend on identity of race, or sentiment, or on ancestral memories, but it depends on a persistent and continuous way of life that has come down to us."

Dr Rajendra Prasad, elected President of the  Constituent Assembly (1946-1949), said in an address upon being elected the permanent Chairman, Constituent Assembly: “Indeed, it is in the power of this Constituent Assembly to get rid of and demolish the very limitations which have been attached to it at its birth, and I hope that you, ladies and gentlemen, who have come here to frame the constitution of an independent and free India...

He continued, "[…] will be able to get rid of these limitations and place before the world a model constitution, that will satisfy the people of all groups and communities and religions inhabiting this vast land and will ensure everyone freedom of action, of thought, belief, and of worship, which will guarantee to everyone opportunities of rising to his highest, which will guarantee to everyone freedom in all respects.”

Sarojini Naidu, one of the women members of the Constituent Assembly (1946-1949), said during the First Session of the Constituent Assembly: “I hope those that call themselves the original masters of this land, the tribal people will realize that there is no distinction of caste, creed, ancient or modern, status in this Constituent Assembly…"

She continued: "[…] I hope the smallest minority in this country will, whether represented politically, or I do not know by what other means they may be represented – I hope they will realize that they have a jealous, vigilant and loving guardian of their interests who will not permit the more privileged to encroach by a hair's breadth on their birth-right of equity and equal opportunity in this country."

Speech by Jawaharlal Nehru during the Proposal of Objectives Resolution before the Assembly.

“We are on the threshold of a new era. This resolution is a message defining our intentions as to what we propose to do. This is a contract with the millions of Indians in particular and the people of the world in general. This is in the nature of an oath that we mean to keep… This resolution steers between two extremes (of saying too much and too little) and lays down only certain fundamentals which I believe no group, no party and hardly any individual in India can dispute… We are all in our respective spheres party men belonging to this group or that and presumably we shall continue to act in our respective parties. Nevertheless, times come when we have to rise above party and think of the nation, think sometimes of even the world at large of which our nation is a great part."

Hansa Mehta, one of the women members of the Constituent Assembly (1946-1949), said on the question of the Objectives Resolution: “It will warm the heart of many a woman to know that free India will mean not only equality of status but equality of opportunity."

Vijaya Lakshmi Pandit, one of the women members of the Constituent Assembly, said on the question of the Objectives Resolution at the Second Session of the Constituent Assembly: “I consider this a historic milestone in our progress towards freedom. And yet freedom remains just a little beyond our grasp. Imperialism dies hard: even though it knows its days are numbered it struggles for survival."

Seen here: C. Rajagopalachari and Jawaharlal Nehru.

Dr. B.R. Ambedkar, Chairman, Drafting Committee, Constituent Assembly (1946-1949), in a speech said: “Looking back on the work of the Constituent Assembly, it will now be two years, eleven months and seventeen days since it first met on the 9th of December 1946."

He continued: "… During this period the Constituent Assembly has altogether held eleven sessions. Out of these eleven sessions the first six were spent in passing the Objectives Resolution and the consideration of the Reports of Committees on Fundamental Rights, on Union Constitution, on Union Powers, on Provincial Constitution, on Minorities and on the Scheduled Areas and Scheduled Tribes…"

"…The Seventh, Eighth, Ninth, Tenth and the Eleventh sessions were devoted to the consideration of the Draft Constitution. These eleven sessions of the Constituent Assembly have consumed 165 days. Out of these, the Assembly spent 114 days for the consideration of the Draft Constitution."

Seen here: Dr. B.R. Ambedkar receiving representation during the proceeding of the Constituent Assembly -- December 1946-November 1949.

Seen here: Dr. Rajendra Prasad with the staff members of the Constituent Assembly.

Seen here: Members of the Union Cabinet with President Dr Rajendra Prasad.  Sitting from Left : Dr. B.R. Ambedkar, Rafi Ahmed Kidwai, Baldev Singh, Abul Kalam Azad, Jawaharlal Nehru, Dr. Rajendra Prasad, Sardar Vallabhbhai Patel, John Mathai, Jagjivan Ram, Rajkumari Amrit Kaur and Shyama Prasad Mookerjee.  Standing from Left : Khurshed Lal, R.R. Diwakar, Mohanlal Saxena, N. Gopalaswami Ayyangar, N.V. Gadgil, K.C. Neogi, Jairamdas Daulatram, K. Santhanam, S.N. Sinha and B.V. Keskar.

Seen here: Sucheta Kripalani, one of the women members of the Constituent Assembly. 

Making of the Constitution (1946-1950) (1949-01-24/1949-01-24) Nehru Memorial Museum and Library

Preamble of the Indian Constitution

Part III Fundamental Rights, Constitution of India: Page 1.

Signatures of Members of the Constitution Assembly, 24 January 1949: Page 1.

Making of the Indian Constitution (1946-1950) (1946-12-09/1950-01-24) Nehru Memorial Museum and Library

Dr. Rajendra Prasad signing the Indian Constitution on 24 January 1950. 

Dr. Rajendra Prasad shaking hands with Jawaharlal Nehru after signing the Indian Constitution on 24 January 1950.

Jawaharlal Nehru signing the Indian Constitution on 24 January 1950.

Pattabhi Sitaramayya signing the Indian Constitution on 24 January 1950.

Signatures of Members of the Constituent Assembly: 24 January 1949 - Page 2.

Signing of the Indian Constitution: Jagjivan Ram (fourth from left) , Sardar Vallabhbhai Patel (fifth from left) , Rajkumari Amrit Kaur (second from right) and others.

Sardar Vallabhbhai Patel addressing the members at the time of the signing of the Indian Constitution on 24 January 1950.

Making of the Indian Constitution (1946-1950) (1946-12-09/1950-01-31) Nehru Memorial Museum and Library

Dr. B.R. Ambedkar being sworn in as first Law Minister of Independent India on 31 January 1950.

Making of the Constitution (1946-1950) (1950-01-24/1950-01-24) Nehru Memorial Museum and Library

Dr. Syama Prasad Mookerjee shaking hands with Dr Rajendra Prasad after signing the Indian Constitution on 24 January 1950.

Making of the Constitution (1946-1950) (1949-08-14/1949-08-14) Nehru Memorial Museum and Library

President Dr. Rajendra Prasad shaking hands with Babu Jagjivan Ram during midnight session of the Constituent Assembly, on 14 August 1947. 

Making of the Constitution (1946-1950) (1948-06-21/1948-06-21) Nehru Memorial Museum and Library

Babu Jagjivan Ram along with Rajkumari Amrit Kaur, Jawaharlal Nehru and others during the swearing in ceremony of  C. Rajagopalchari as Governor General of India on 21 June 1948. 

Dr. Rajendra Prasad, Dr. S. Radhakrishnan, and Jawaharlal Nehru during one of the sessions of the Constituent Assembly (1946-1949).

Role — Conceived By: Prof. Mahesh Rangarajan, Director, NMML. Role — Supervised By: Dr. N. Balakrishnan, Deputy Director, NMML. Role — Consultant: Ms. Deepa Bhatnagar, Head Research and Publications Division, NMML. Role — Curated By: A. Selvam, Research Officer, Oral History Division, NMML.

Independence Day Celebrations 1947

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The Making of the Indian Constitution

• by Social Laws Today
• March 28, 2023
• 8 minutes read

Mitakshi Sahni , a 2nd year Law Student has written this Article “The Making of the Indian Constitution”.

Table of Contents

Introduction

26 January,1950, is known as a red-letter day [1] in the vast history of India. This was the day when India announced the birth of a new republic, to the world. India is the world’s largest democratic country with the lengthiest constitution, which holds a massive history behind its formation.

A constitution is a formal document with legal recognition that sets out the framework and basic structure of a nation along with a set of rules, regulations, duties, and principal organs. It is a well-suited statement that every constitution is the heir of the past and the testator of the future. [2]

The Indian constitution is considered the “mother of all laws” and an outcome of immense research and deliberations by a committee of eminent representatives of the people. Moreover, The committee members focused on improving the administrative system and this was done by making a retrospect of the constitutional development as it was necessary for a proper understanding of the constitution.[3] India has established the ‘rule of law’; the supremacy of the constitution. It suggests that everyone is bound by the law and severe consequences will be faced if violated.

The features of the constitution of India have taken provisions from different constitutions all over the world and other sources as well. The provisions were compiled into a single codified document. The Indian constitution is neither too rigid nor too flexible but a combination of both. It is not just a formal document but an identity of citizens of India as well.

Constituent Assembly

The making of the Indian Constitution was not an easy task, it required many deliberations and amendments in the draft before finalizing it. This massive task took 2 years 11 months and 18 days to be completed. A Constituent Assembly was established for performing this task i.e., The making of the constitution of India. Although the Constituent Assembly was formed in 1946, but attempts were made long before that.

Role of British

The British introduced many acts prior to the Constitution of India that became important sources while making the Indian Constitution. Such acts included; The Indian Councils Act, 1892. The Government of India Act,1919, The Government of India Act, 1935, etc. The British were trying since 1858 to form a Constituent Assembly but with the objective of fulfilling their colonial interest and strengthening their hold over India.

Role of Indian National Congress

India made its first attempt to draft a constitution for itself in the year 1928, this attempt was made under the guidance of Motilal Nehru- a lawyer and politician of the Indian National Congress. This appeal was a part of the Nehru Report, 1928. Then later in 1934, M.N. Roy- founder of the Communist Movement and a supporter of Radical democracy, proposed the idea of framing of Constituent Assembly. This idea was then supported by the Indian National Congress and the demand of the Constituent Assembly was put forward in 1935.

In 1938, Jawaharlal Nehru also proposed that the constitution of independent India should be framed by a Constituent Assembly. He suggested the Constituent Assembly should be elected on the basis of Adult Suffrage and free from external interference. Moreover, He insisted that the Constituent Assembly should only have Indians. Initially, the demand of Indians to have a Constituent Assembly was opposed by British officials. But later, the demand was accepted by the British due to the ongoing World War- II and the change in the government of Britain in 1940.

Formation and Structure of Constituent Assembly

On 8 August 1940, Lord Linlithgow- the then Viceroy of India proposed the ‘August Offer’ on the behalf of the British Parliament, and the demand of the Constituent Assembly was accepted in the ‘August Offer’ by the British. The British promised that after the end of World War II, a Constituent Assembly will be established for determining the Constitutional future of India.

The Cripps Mission

In 1942, the British government sent Sir Stafford Cripps- their cabinet member, to negotiate with Indian members under the Cripps Mission. Sir Stafford Cripps suggested various proposals including; the establishment of a body for framing a new Constitution for India, and the participation of Indian states in the Constituent Assembly. Indian National Congress and Muslim League rejected the proposals of the Cripps Mission. Indian National Congress opposed the British offer of Dominion status whereas Muslim League put forward their demand for two autonomous states and two Constituent Assemblies. The rejection of suggestions for the mission led to the failure of Cripps Mission.

The Cabinet Mission

Cabinet Mission came to India in 1946 to discuss the transfer of power to Indian politicians from the hands of the British. Three cabinet members- Lord Pethick Lawrence, Sir Stafford Cripps, and Mr. A.V. Alexander, were part of the Cabinet Mission Plan, 1946. On the proposal of the Cabinet Mission, a basic framework was prepared for the formation of the Constitution of India. According to this mission, seats in the Constituent Assembly were allotted as per the population of all provinces and princely states. The total number of seats in the Constituent Assembly was 389 out of which 296 representatives were from British India and 93 representatives from princely states.

Elections were held for British Indian provinces in 1946, for Constituent Assembly. In this election, 208 seats were won by Indian National Congress, 73 seats by Muslim League, and 15 independent candidates. However, the members of the Constituent Assembly were indirectly elected by restricted Adult Franchise and included representatives from all over India. There were 15 women members in the Constituent Assembly.

Role of the Constituent Assembly

The Constituent Assembly had its first meeting on 9 December 1946. However, the Constituent Assembly was boycotted by the Muslim League which demanded a separate state. At the first meeting, Mahatma Gandhi and Mohammed Ali Jinnah were also absent and 211 members were present only.

India followed the French tradition; the oldest member of the Constituent Assembly was appointed as temporary President of the Constituent Assembly, in India Dr. Sacchidananda Sinha was appointed for this position and became the first acting chairman of the Constituent Assembly. Later, Dr. Rajendra Prasad and H.C. Mukherjee became President and Vice President of the Constituent Assembly respectively. B.N. Rau was appointed as the constitutional advisor of the assembly.

On 13 December 1946, Jawaharlal Nehru presented a resolution in the Constituent Assembly, that was about to be the foundation of the Indian Constitution. This resolution is known as the ‘Objectives Resolution’, with the vision for independent India, which established the foundation of constitutional structure and philosophy. It was about the principles and objectives of the constitution, later recognized as the Preamble (Sovereign, Socialist, [4] Secular [5] , Democratic Republic). The Objectives Resolution was adopted by the Constituent Assembly unanimously on 22 January 1947.

Declaration of Independence

Clement Attlee- former British Prime Minister, announced in British Parliament in February 1947, that power will be transferred to Indian politicians and the British will leave India. Then in June 1947, Lord Mountbatten- Viceroy of India, made a proposal, known as the Mountbatten Plan. This plan accepted the partition of India into two dominions- India and Pakistan. The seats in the Constituent Assembly were reduced to 289 as many provinces were no longer part of Indian territory.

In July 1947, The Indian Independence Act, 1947 was passed in the British Parliament which declared the Constituent Assembly as an independent and sovereign body. The Constituent Assembly became the legislative body also and due to this law-making feature, it was also known as the first Parliament of India. G. V. Mavlankar presided over the assembly to fulfill its legislative feature. Both tasks were performed till 26 November 1949. To prevent mismanagement and balance the pressure of work, many committees were formed. One of the most important committees was the Drafting Committee. [6]

The Drafting Committee

The Drafting Committee was the most important committee formed while making of the Constitution of India. This committee was appointed by the Constituent Assembly through a resolution. The committee was chaired by Dr. B.R. Ambedkar and had 7 members including the chairman. The other members of the committee were Dr. K.M. Munshi, Syed Mohammad Saadullah, Alladi Krishnaswami Ayyar, N. Madhava Rau, N Gopalaswamy Ayyangar, and T.T Krishnamachari.

In less than 6 months, the committee prepared its first draft, and it was presented in February 1948. People had a time period of 8 months to debate over the first submitted draft and offer revisions. Such modifications, criticism, and suggestions were kept in mind while preparing the second draft, which was presented in October 1948. Finally, On 4th November 1948, Dr. B.R. Ambedkar presented the final design of the Constitution in the Constituent Assembly. The debate over the final design lasted for 32 days and 7635 amendments were proposed from which on 2443 amendments, the debate was done extensively.

Enactment and Enforcement

Originally, the Constitution of India had 395 Articles, 12 schedules, and 22 parts but at present, it has 448 Articles, 12 schedules, and 25 parts. The Indian Constitution was completed in 2 years 11 months and 18 days, with 11 sessions of the Constituent Assembly. Moreover, The makers of the Indian Constitution went through constitutions of over 60 countries. The last meeting of the Constituent Assembly was held on 24 January 1950.

On 26 November 1949, the Constitution of India was adopted with the presence and signature of 284 members and the President. 26 November is thus celebrated as Constitution Day across India every year. But except provisions like citizenship, election, provisional government, etc.[7], rest of the important part of the constitution was enacted on 26 January 1950. The date 26 January was chosen because of its historical importance in Indian history; On this date, in the year 1930, Indian National Congress passed the resolution of the Declaration of Poorna Swaraj (complete self-governance). 

Other works

The Constituent Assembly adopted the National Flag of India in its present form on 22 July 1947. The assembly also adopted National Anthem [8] and National Song [9] of India on 24 January 1950.

The Constitution had its original copy in both Hindi and English language, written by Prem Bihari Narayan Raizada. Typing or printing was not used for original copies of the constitution. This task took 6 months to complete. Each page of the Constitution of India was decorated by Nandlal Bose whose assistant Ram Manohar Sinha helped him to design the introduction page of the Constitution.

Get a copy of the Indian Constitution. Click here!

Also Read: Fundamental Rights Under Indian Constitution. Click Here!

[1] A day that is pleasantly memorable

[2] Jennings- Some Characteristics of the Indian Constitution, p. 56 (1953)

[3] D.D. Basu- Introduction to the Constitution of India, p. 3, (3 rd ed., 1946)

[4] Added by the 42 nd Amendment Act, 1976

[6] Established on 29 August 1947

[7] Came into force on 26 November 1949

[8] Jana Gana Mana- originally composed in Bengali as Bharoto Bhagyo Bidhata by Rabindra Nath Tagore on 11 December 1911

[9] Vande Mataram- written by Bankim Chandra Chatterjee

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An Introduction to the Indian Constitution

The Indian constitution is the primary law enforcing book in our nation. It consists of all the laws in the form of articles. The making of the constitution took almost 3 years, it was made after multiple rounds of discussions and debates. A constitution drafting committee was formed which consisted of people from different socio-economic backgrounds to make the constitution diverse and give every community an equal say. The committee was headed by Dr. B.R. Ambedkar .

When was the Indian Constitution Made? 

In December 1946 the committee elected for drafting the constitution met at a constituent assembly to draft the constitution. The process started in December 1946. However, to draft a constitution for a country as big as India, it'd take a lot of time. This is because everyone's opinion must be taken into consideration and the constitution mustn't be biased towards a religious, economic, or social group. The committee discussed various aspects and introspected the problems that our country might face in the future. After discussions and debates, the constitution’s drafting was finally completed in the year 1949. The constitution was finally adopted on 26 January 1950. Today, we celebrate 26 January as republic day in order to commemorate the adoption of the constitution.      

Who was the First President of the Constituent Assembly?  

The constituent assembly needed a President in order to proceed in an orderly fashion. Dr. Sachidanand Sinha was chosen as the president after his name surfaced when the members of the constituent assembly were asked to propose a chair for the constituent assembly. Dr. Sachidanand Sinha was one of the oldest members of the constituent assembly and hence he became the first president of the constituent assembly. 

Making of the Constitution

After repeated protests and retributions, The British government finally decided to grant India its independence. However, the British said that they shall stay and govern the country until an interim governance structure is formed. This was a huge achievement for the Indians as the British had finally decided to return the Indian territory back to the Indians after ruling it and exploiting it for almost 200 years. 

December 1946

9 th December 1946 is one of the most important dates of Indian history, on this date, the constituent assembly met for the very first time. This date marks the inception of the mission towards making the Indian constitution. The committee met with a mission to frame an unbiased constitution that takes care of the interests of the minorities.

August 28, 1947

Just about 10 days after independence, the country lay in a state of chaos due to the partition. Muslims from India and Hindus from Pakistan migrated to Pakistan and India respectively. This migration came at the cost of mass bloodshed and riots. To put things in place, the pace at which the constitution was being drafted had to increase. Hence, on 28th august 1947, Dr. BR Ambedkar was elected as the head of the constitution drafting committee.

November 4, 1947

After Dr. BR Ambedkar became the chief of the drafting committee, the committee went right back to the roots to learn more about the kinds of rules to put in place. The committee referred to the Government of India Act, 1935. After working on it for about 141 days, the committee came up with its first draft of the constitution on the 4th of November 1947. Further the committee sessions took place when they met in the constituent assembly 166 times over a period of 2 years. These meetings were also open to the common public. 

January 24, 1950

After 3 years of hard work, discussions, debates, and conflicts the constituent assembly came up with the final draft of the constitution. The 308 members made 616 signatures on both the English and the Hindi draft of the Indian constitution.

January 26, 1950

2 days after the signatures were made, the Indian constitution was officially adopted by the Republic of India. It was in fact the longest written constitution in the world, it incorporated 8 Schedules, 395 Articles as well as 22 Parts. The constitution was put into immediate effect across every corner of the country. The president of Indonesia during the period, Sukarno was invited as the chief guest for the first republic day celebration in 1950. Today, the original copies of the Indian constitution are preserved and kept in helium inflated glass cases in the library of the parliament house. 

Therefore, we can say that the Indian Constitution is a framework which governs the country and in order to make it more detailed, the founding fathers took a number of months in order to complete it so that the future generations do not face any issues and even left space for future amendments as per the requirements of the country.

FAQs on Making of Indian Constitution

1. Why did it take so long for the making of the constitution?

In December 1946 the constituent assembly of India sat together to draft the constitution and was finalized by 1949. Finally, on 26th January 1950, the Indian Constitution came into effect. The making of the constitution initially began with just 300 members of which the majority of them were from the congress party. They had different ideologies, viewpoints, and oppositions within the party itself. Conflicts are unavoidable when so many people with different ideologies discuss. Hence, to resolve all the conflicts and make the constitutions considering every religious, economic, and social group took almost 3 years. However, in the end, the Indian constitution surfaced as one of the best constitutions in the world.

2. Who was the permanent president of the constituent assembly?

When Dr. Sachinanda Sinha was proposed to be the chairman of the Indian constitution whereas Dr. Rajendra Prasad, who happens to be the first president of independent India was unanimously selected to become the permanent president of the constituent assembly. Dr. Rajendra Prasad a veteran freedom fighter who spoke strongly for independent India is recognized for his esteem contribution towards independent India. 

3. When did the Constitution of India was enacted?

The Constitution of India was said to be enacted on 26th of November, 1949 when the constituent assembly signed the final draft of the constitution and signed it. Some of the articles of the Indian Constitution came into force from that day only whereas the entire constitution was adopted on 26th of January, 1950 on which the entire constitution came into force and India became a republic. 

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Indian Constitution: Historical underpinnings, Evolution, Features, Amendments, Significant provisions and Basic structure

Last updated on March 8, 2024 by ClearIAS Team

The Constitution of India is the supreme law of India. 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.

The Constitution of India was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950. It replaced the Government of India Act 1935 as the country’s fundamental governing document, and the Dominion of India became the Republic of India.

The Constitution of India is the longest-written constitution of any sovereign country in the world. It embodies the country’s rules and regulations and defines the fundamental rights of its citizens.

It is a living document that has been amended and refined several times since it was first adopted in 1950. The Constitution of India is a unique document that reflects the aspirations, values, and diverse culture of the Indian people.

It is a source of inspiration and guidance for all citizens and has played a pivotal role in shaping the course of India’s development as a modern, democratic, and pluralistic nation.

Table of Contents

Indian Constitution: Historical Underpinning

The Constitution of India has its roots in the country’s colonial past and the struggle for independence from British rule. The process of framing the Constitution began in the 1930s, with the formation of the Indian National Congress and the demand for self-governance.

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During the freedom movement, various constitutional frameworks were proposed, including the Nehru Report of 1928, the Karachi Resolution of 1931, and the Bombay Plan of 1944. These proposals formed the basis for the Constituent Assembly, which was elected in 1946 to draft a new Constitution for the newly independent nation.

The Constituent Assembly was composed of elected representatives from all the provinces of British India, as well as representatives from the princely states. It was chaired by Dr. B. R. Ambedkar, who played a key role in the drafting of the Constitution.

The Constituent Assembly held its first meeting on 9 December 1946, and over the next three years, it debated and discussed the various provisions of the Constitution. The Constitution was finally adopted on 26 November 1949, and it came into effect on 26 January 1950, marking the birth of the Republic of India.

The Constitution of India reflects the country’s diverse culture and the values of its founding fathers, who were inspired by the ideals of democracy, justice, liberty, equality, and fraternity. It is a living document that has evolved through a series of amendments, and it continues to guide and shape the development of the nation.

Also read: The historical underpinning of the Indian constitution

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Evolution of the Constitution

The Constitution of India has undergone several amendments since it was first adopted in 1950. The process of amending the Constitution is set out in Article 368, which requires a special majority in both houses of Parliament, as well as the ratification of at least half of the states in the country.

The Constitution has been amended more than 100 times since its adoption. The amendments have been made to reflect the changing needs and aspirations of the country, as well as to incorporate new laws and policies.

Some of the significant amendments to the Constitution include:

• The First Amendment Act of 1951 , amended the freedom of speech and expression and added the Ninth Schedule to protect certain laws from judicial review.
• The Seventh Amendment Act of 1956 , reorganized the states of India on linguistic lines.
• The Ninth Amendment Act of 1960 , recognized the right to property as a fundamental right.
• The Twenty-Fourth Amendment Act of 1971 , abolished the privy purse and abolished the privy council as a court of appeal for the princely states.
• The Thirty-Ninth Amendment Act of 1975 , recognized Sikkim as a state of India.
• The Forty-Second Amendment Act of 1976 , amended several provisions of the Constitution, including the Preamble, and added the words “secular” and “socialist” to it.
• The Seventy-Third Amendment Act of 1992 , recognized the rights of the scheduled castes and tribes to participate in local self-governance.
• The Ninety-Fourth Amendment Act of 2006 , provided reservations for the scheduled castes and tribes in the promotion to higher posts in the civil services.

The Constitution of India has played a vital role in shaping the country’s political and social landscape, and it continues to evolve to meet the changing needs of the nation.

Indian Constitution: Features

The Constitution of India has several features that set it apart from the constitutions of other countries. Some of the key features of the Indian Constitution are:

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• Written and comprehensive : The Constitution of India is a written document that sets out the framework for the country’s political system and the rights and duties of its citizens. It is the longest-written constitution of any sovereign country in the world, with 444 articles in 22 parts and 12 schedules.
• Federal system : The Constitution of India establishes a federal system of government, in which power is divided between the central government and the states. The central government has exclusive powers in certain areas, such as foreign affairs and defense, while the states have powers in matters such as education and law and order.
• Parliamentary democracy : The Constitution of India establishes a parliamentary form of government, in which the executive is responsible to the legislature. The President of India is the head of state, while the Prime Minister is the head of government.
• Fundamental rights : The Constitution of India guarantees a set of fundamental rights to all citizens, which include the right to equality, freedom of speech and expression, and the protection of life and personal liberty. These rights are enforceable by the courts, and any law that violates these rights can be struck down by the courts.
• Directive principles : The Constitution of India also lays down a set of directive principles of state policy, which are non-enforceable guidelines for the government to follow in the formulation of its policies. These principles include the promotion of international peace and security, the protection of the environment, and the promotion of the welfare of the people.
• Independent judiciary : The Constitution of India establishes an independent judiciary, which is responsible for interpreting the laws of the country and upholding the rights of citizens. The Supreme Court is the highest in the country, and it has the power of judicial review, which allows it to declare a law or government action unconstitutional.
• Amendment process : The Constitution of India provides a detailed process for amending its provisions. An amendment requires a special majority in both houses of Parliament, as well as the ratification of at least half of the states in the country. This ensures that any changes to the Constitution are made with the consensus of the majority of the people.

Indian Constitution: Amendments

The process of amending the Constitution of India is set out in Article 368 of the Constitution. According to this article, an amendment to the Constitution can be initiated by the introduction of a bill in either house of Parliament.

The bill must be passed by a special majority in both houses of Parliament, which means that it must be supported by at least two-thirds of the members present and voting in each house.

Once the bill is passed by Parliament, it must be ratified by at least half of the states in the country. The ratification must be done by the state legislatures, and it must be obtained within six months from the date of the passing of the bill.

If the bill is ratified by at least half of the states, it becomes an act and is added to the Constitution as an amendment. If the bill is not ratified by the required number of states, it lapses and cannot be reintroduced in Parliament.

The process of amending the Constitution of India is designed to ensure that any changes to the Constitution are made with the consensus of the majority of the people. The special majority requirement in Parliament and the ratification by the states ensure that the amendment has the support of a wide cross-section of the country.

Also read: Amendments of Indian Constitution

Significant Provisions of the Indian Constitution

The Indian Constitution is a comprehensive document that outlines the rights and duties of citizens, as well as the structure and functions of the government. Some of the significant provisions of the Indian Constitution include:

• Fundamental Rights : These are the basic rights that are guaranteed to every citizen of India, including the right to equality, freedom of speech and expression, freedom of religion, and the right to life and personal liberty.
• Directive Principles of State Policy : These are guidelines for the government to follow in the formulation and implementation of policies, to promote the welfare of the people.
• Federal Structure : The Indian Constitution establishes a federal system of government, with powers divided between the central government and the state governments.
• Independence of the Judiciary : The Indian Constitution provides for the independence of the judiciary, with the Supreme Court at the apex and a hierarchy of courts below it.
• Emergency Provisions : The Indian Constitution contains provisions that allow the government to take measures to protect the country’s security and integrity in times of emergency.
• Scheduled Castes and Scheduled Tribes : The Indian Constitution provides for affirmative action to protect the rights and promote the welfare of historically disadvantaged groups such as Scheduled Castes and Scheduled Tribes.

Basic Structure of the Indian Constitution

The basic structure doctrine is a judicial principle in the Constitution of India which holds that the Constitution has certain basic features that cannot be amended by the Parliament. This doctrine was propounded by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala in 1973.

The basic structure doctrine has not been explicitly mentioned in the Constitution of India. Rather, it has been inferred by the Supreme Court from the provisions of the Constitution and the principles underlying it. According to this doctrine, the following are the basic features of the Constitution that cannot be amended:

• Supremacy of the Constitution
• Republican and democratic form of government
• Secular Character of the Constitution
• Separation of powers between the legislature, executive, and judiciary
• Federal character of the Constitution
• Free and fair elections
• Independence of the judiciary
• Judicial review
• The principle of equality before the law and prohibition of discrimination on the grounds of religion, race, caste, gender, or place of birth.

The basic structure doctrine has been instrumental in protecting the fundamental rights of citizens and preserving the basic tenets of the Constitution. It has also served as a check on the powers of the Parliament to amend the Constitution, ensuring that any amendments are consistent with the basic principles and values of the Constitution.

Also read: Basic Structure of Indian Constitution

The Constitution of India is the supreme law of the land and the foundation of the Indian democratic system. It outlines the powers and functions of the various organs of the government and guarantees the fundamental rights of citizens. The Constitution also contains provisions for the protection of the country’s cultural and linguistic diversity and the promotion of social justice.

The basic structure doctrine is a key principle of the Constitution which holds that certain fundamental features of the Constitution, such as the supremacy of the Constitution, the republican and democratic form of government, and the secular character of the state, cannot be amended by the Parliament.

This doctrine has played a crucial role in protecting the fundamental rights of citizens and preserving the basic tenets of the Constitution.

Overall, the Constitution of India serves as a model for other countries around the world and has played a vital role in the country’s development and progress over the past seven decades. It is a living document that continues to evolve and adapt to the changing needs and aspirations of the people of India.

Article written by: Vivek Rajasekharan

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October 28, 2023 at 10:35 pm

Amendments written above are incorrect. Privy purse abolition is 26th CAA and not 24th , many other mistakes are there in the page.

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The making of India’s Constitution was a carnival of democracy. In this context, discuss the changing contours of India’s constitutional morality.

Topic: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

3. The making of India’s Constitution was a carnival of democracy. In this context, discuss the changing contours of India’s constitutional morality. (250 words)

Difficulty level: Moderate.

Reference: Live Mint

Why the question: President Ram Nath Kovind will lead the celebrations of Constitution Day on Friday at the Central Hall of Parliament House. As a part of the Constitution Day celebrations on Friday, Prime Minister Narendra Modi will address the distinguished gathering and participate in the programmes that will be organised in the Parliament and Vigyan Bhawan. Key Demand of the question: To write about the importance of micro irrigation, issues in it and measures to overcome the issues. Directive word:  Discuss – This is an all-encompassing directive – you must debate on paper by going through the details of the issues concerned by examining each one of them. You must give reasons for both for and against arguments. Structure of the answer: Introduction:  Begin by giving brief about the process of drafting and adoption of Indian constitution. Body: First, explain constitutional morality – adherence to the core principles of the constitutional democracy, effective coordination between conflicting interests of different people and the administrative cooperation to resolve the amicably without any confrontation amongst the various groups working for the realization of their ends at any cost; public conscience, moral order and constitutional morality- ethics of politicians etc Next, discuss the sources of constitutional morality in India. Text of the Constitution; Constitutional Assembly debates; Events that took place during the framing of the Constitution; and Case Law History and based upon which are changing contours of constitutional morality. Use examples to justify your points. Conclusion: Conclude by stressing on the importance of constitutional morality.

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Constitution of India

Home  ≫  Podcasts  ≫  The Making of India’s Constitution  ≫  Introduction

Introduction

7 April 2021 The Making of India’s Constitution

In this introduction, we give you a sense of what to expect in upcoming episodes, and locate the podcast within ConstitutionofIndia.net’s broader constitutional education work.

INDIA’S CONSTITUTION – MAKING PROCESS: A BRIEF OVERVIEW

Introduction.

The Constitution of India is the ultimate law of the country. It is a living document that provides the foundation of the political system, the fundamental organization, processes, powers, and responsibilities of government. These documents provide the groundwork for a legal state by clearly defining and limiting the authority of government institutions in their dealings with one another and with the general public. In terms of length, it is the world’s longest written constitution for any sovereign nation. It confers “ constitutional supremacy ” rather than “ parliamentary supremacy ” because it was formed by a constituent assembly rather than Parliament and accepted by the people via a statement in its preamble. Parliament can’t amend the constitution; nevertheless, some provisions of the constitution may be modified according to the authority granted by Article 368 of the Constitution. India’s constitution is often credited to Dr. Bhimrao Rao Ambedkar. [1]

The Indian Constitution was designed to be federal. Each of India’s states and territories is governed by its own legislature. Governors (in states) or Lieutenant Governors (in territories) and Chief Ministers (in states) are like the President and Prime Minister. Having been adopted on November 26, 1949 , by the Indian Constituent Assembly as a whole, the Constitution went into force one year later on January 26, 1950 . The 26th of January was chosen as a commemoration of the Purna Swaraj declaration of independence from British rule, which was made in 1930. As a result of its acceptance, the Union of India has legally renamed the “ Republic of India”, and the “ Government of India Act, 1935 ” was substituted as the country’s primary administering document. The Constitution of India states India to be a “ sovereign, socialist, secular, democratic republic ,” promising its people of “ justice, equality, and liberty ,” and attempting to foster brotherhood amongst them. By constitutional amendment in 1976, the terms “ socialist ” and “ secular ” were added. This amendment in 1976 was the 42nd amendment and was also called a mini-constitution. Every year on January 26th, India commemorates the adoption of the Constitution as Republic Day .

The principles of the Indian Constitution are taken from many different countries. Keeping India’s requirements and conditions in mind, the architects of the Indian Constitution extensively took several characteristics from past legislation. There are significant similarities between today’s Constitution and the Government of India Act, 1935 . It was never fully implemented, but it served as a basis for the development of a new constitution for India. Many of the Act’s provisions are included in the Indian Constitution, such as the federal structure of government, the autonomy of states and territories, the bicameral central legislature, the Council of States, and a division of legislative responsibilities between the centre and states. [2]

Numerous levels exist in the framework of the Constitution’s Historical Foundations & Evolution:

Constituent Assembly

The Constituent Assembly was selected by the “ Provincial Assembly ” to frame the Indian Constitution. It was tasked with drafting a constitution that would facilitate the transition of sovereignty from British to Indian control. The constitution was written by 299 representatives from all castes, regions, religions, and genders. As early as 1934, Manabendra Nath Roy suggested the proposal of a Constituent Assembly. The Constituent Assembly had its first session on December 9, 1946, in which Dr. Sachchidananda Sinha was the 1 st  interim two-day president of the Constituent Assembly, but due to the stressful situation, hardly any development was done.

On December 13, 1946, Nehru passed an “ Objective Resolution ” outlining the constitution’s core ideas. The Constituent Assembly overwhelmingly accepted the resolution at its next sitting on January 22, 1947, making it the Preamble of the Constitution. On August 14, 1947, a proposal for the formation of several committees was tabled. The Drafting Committee was formed in August 1947, with Dr. B.R. Ambedkar as its Chairman and B.N. Rau as its Constitutional Advisor. [3] Thirteen committees were established by the Constituent Assembly to handle various aspects of the constitution-making process. Eight of them were significant committees, while the others were small committees.

• “Drafting Committee – Dr. B.R. Ambedkar
• Union Powers Committee – Jawaharlal Nehru
• Union Constitution Committee – Jawaharlal Nehru
• Provincial Constitution Committee – Sardar Vallabhbhai Patel
• Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas – Sardar Vallabhbhai Patel.

This committee had the following subcommittees :

• Fundamental Rights Sub-Committee – J.B. Kripalani
• Minorities Sub-Committee – Harendra Coomar Mookerjee,
• North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee – Gopinath Bardoloi
• Excluded & Partially Excluded Areas ( except Assam ) Sub-Committee – A V Thakkar
• Rules of Procedure Committee – Dr. Rajendra Prasad
• States Committee (Committee for Negotiating with States) – Jawaharlal Nehru.
• Steering Committee – Dr. Rajendra Prasad”

The assembly met 11 times. The document was finished after 2 years, 11 months, and 8 days , and the Constituent Assembly accepted the document as definitive on November 26, 1949. The final text was divided into 22 parts, 395 articles, and 8 schedules . The constitution went into effect on January 26, 1950 .

Structure of Indian Constitution

The Indian constitution has a preamble and 470 articles divided into 25 parts. It has been amended 105 times, with 12 schedules and five appendices; the most recent change was passed in Rajya Sabha on August 11, 2021. Some important parts of the Constitution are as follows:

“Part I – Union and its Territory

Part II – Citizenship.

Part III – Fundamental Rights.

Part IV – Directive Principles of State Policy.

Part IVA – Fundamental Duties.

Part V – The Union.

Part VI – The States.

Part VIII – The Union Territories

Part X – The scheduled and Tribal Areas

Part XI – Relations between the Union and the States.

Part XV – Elections

Part XVI – Special Provisions relating to certain classes.

Part XVII – Languages

Part XVIII – Emergency Provisions

Part XX – Amendment of the Constitution” [4]

Schedules – Indian Constitution contains a total of 12 Schedules relating to union and territories, emoluments, oaths, allocation of seats, languages, defection, etc.

Limitations of Amending Constitution

Kesavananda Bharati v. the State of Kerala [5] , (1973). This is one of the most famous landmark cases ever recorded in the judiciary which comprised of the largest constitutional bench of 13 judges. In this case, the doctrine of “ basic structure of the constitution ” was evolved, which was not mentioned anywhere in the Constitution. The Supreme Court held that the Parliament cannot amend the “basic structure of the constitution”. The Constitution’s “ Doctrine of Basic Features ” states how some fundamental features of the Constitution can’t be altered, eliminated, or abolished.

Adoptions from Other Countries

The Constitution has taken its source from multiple constitutions of different countries. Dr. Ambedkar, in this regard, said that – “ As to the accusation that the Draft Constitution has reproduced a good part of the provisions of the Government of India Act, 1935, I make no apologies. There is nothing to be ashamed of in borrowing. It involves no plagiarism. Nobody holds any patent rights in the fundamental ideas of a Constitution…. ”

List of Indian Constitutional Features Borrowed:

• Single Citizenship, Bicameralism, Cabinet System – Britain
• Directive Principles of State Policy, Election of President – Ireland
• Impeachment of President, Fundamental Rights, Preamble, Independent Judiciary – USA
• Federalism, Residuary Powers of Centre, Appoint of Governors – Canada
• Concurrent List, Joint Sitting of Two Houses – Australia
• Fundamental Duties, Ideals of Justice – USSR
• Ideals of Liberty, Equality, and Fraternity – France
• Suspension of FR during Emergency – Germany
• Amendment to the Constitution, Election of Rajya Sabha Members – South Africa
• Concept of Procedure established by Law – Japan

A crucial component of India’s Constitution is its statement of societal values. The Constitution embodies a democratic system and secularism, with social democratic features. Individuals and communities’ social, economic, and political freedoms are protected. The writers of the constitution’s apparent dedication to a democratic, secular, egalitarian, and libertarian society is a strong sign of their vision and devotion to the well-being of everyone, not just a few. At last, it is worth mentioning the quote by Dr. B.R. Ambedkar, “However good a constitution maybe if those who are implementing it are not good, it will prove to be bad. However, bad a constitution may be if those implementing it are good, it will prove to be good”.

Author(s) Name: Shashank Shekhar (Hidayatullah National Law University, Raipur)

References:

[1] Legislative Department, https://legislative.gov.in/sites/default/files/COI_1.pdf (last visisted Jan. 1, 2022, 4:55 PM).

[2] Arun K Thiruvengadam, The Constitution of India: A Contextual Analysis 20 (Bloomsbury Publishing 2017).

[3] B.K. Manish, Making of the Indian Constitution: a simplified brief, Down To Earth (Jan. 4, 2022, 5:00 PM), https://www.downtoearth.org.in/coverage/governance/making-of-constitution-a-simplified-brief-56529

[4] Institute of Company Secretaries of India, https://www.icsi.edu/media/webmodules/CONSTITUTION.pdf (last visisted Dec. 28, 2021, 10:10 PM).

[5] Kesavananda Bharati v. State of Kerala, A.I.R. 1973 SC 1461 (India).

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