Making of the Constitution

The Indian Constitution was framed between 1946 and 1949 by the
Constituent Assembly, an extraordinary body tasked with designing a legal
system that could govern India's socio-political diversity. The Assembly’s task
was enormous because India, newly freed from colonial rule, required a stable
framework to function as a modern democracy. The process involved intense
debates, consultations, and amendments to ensure that every aspect of Indian
society was accounted for.
The Constitution was adopted on November 26, 1949, and came into force on
January 26, 1950, a day now celebrated as Republic Day. With 448 Articles and
multiple amendments over the years, it is one of the most detailed and longest
constitutions in the world.
Key Milestones in the Constitution-Making Process:
1. December 9, 1946:
o First meeting of the Constituent Assembly was held, even though
India had not yet gained full independence.
o The assembly was composed of representatives from various provinces
and princely states, nominated through political processes.
o Dr. Rajendra Prasad was elected as the President of the Assembly
to preside over its sessions.
2. August 15, 1947:
o India became independent from British rule. The Assembly’s work
took on new urgency, as it needed to draft a Constitution that would
reflect the aspirations of a free India.
3. November 26, 1949:
o The Constitution was adopted by the Assembly after years of
debate and deliberation.
o This day is now celebrated as Constitution Day (or Samvidhan
Diwas) to honor the adoption of the Constitution.
4. January 26, 1950:
o The Constitution officially came into force on this day, marking the
beginning of India as a sovereign republic. This date was chosen to
commemorate the declaration of Purna Swaraj (complete
independence) made in 1930 by the Indian National Congress.
Inspiration from Global Constitutions
The Indian Constitution was not created in isolation; it was heavily influenced by the
best features of other constitutions:
  British Parliamentary System: India adopted the Parliamentary form of
government, with a Prime Minister heading the executive and a
President serving as the ceremonial head.
 U.S. Constitution: Inspired Fundamental Rights and the concept of
judicial review to check the powers of the executive and legislature.
 Irish Constitution: Borrowed the idea of Directive Principles of State
Policy, which guide governance towards social welfare.
 Canadian Model: Inspired the quasi-federal structure, where powers are
shared between the Union and the States, but the central government can
take control in emergencies.

Role of the Constituent Assembly

The Constituent Assembly was a diverse body of representatives reflecting
various communities, regions, and ideologies across India. It was tasked with
drafting a Constitution that could address the aspirations of a culturally, socially,
and politically diverse population.
1. Key Members of the Constituent Assembly
o Jawaharlal Nehru: Played a pivotal role in setting the direction for an
independent India.
o Sardar Vallabhbhai Patel: Known for his work in integrating princely
states into the Union.
o Maulana Abul Kalam Azad: Advocated for communal harmony and
the protection of minorities.
o Dr. Rajendra Prasad: Elected as the President of the Constituent
Assembly, overseeing its functioning.
o Dr. B.R. Ambedkar: Head of the Drafting Committee, instrumental
in shaping the structure and philosophy of the Constitution.
2. Drafting Committee and Dr. Ambedkar’s Leadership
o The Drafting Committee, chaired by Dr. B.R. Ambedkar, was
responsible for converting the various ideas discussed in the Assembly
into a comprehensive legal document.
o Ambedkar believed in ensuring liberty, equality, and fraternity for
all citizens, and his efforts were particularly focused on ending caste-
based discrimination. He also incorporated individual rights and
safeguards for marginalized communities.
Dr. Rajendra Prasad
 Dr. Rajendra Prasad played a key role in ensuring the smooth functioning of
the Constituent Assembly as its President.
 As the head of the Assembly, he guided discussions with patience and
ensured that all voices were heard.
 After the adoption of the Constitution, Prasad became the first President
of India and continued his commitment to democratic values.

Dr. B.R. Ambedkar: The Architect of the Indian Constitution

 Dr. Ambedkar, often called the “Father of the Indian Constitution,” was
instrumental in shaping a Constitution that guaranteed equal rights for all
citizens.
 His efforts ensured that individual rights were protected, and he made a
significant contribution to the eradication of caste discrimination.
 Ambedkar emphasized the need for “constitutional morality”—the idea
that all government institutions must function according to the values
enshrined in the Constitution.
 He also ensured that social justice was a core principle, paving the way for
affirmative action policies to uplift marginalized communities.

Salient Features of the Indian Constitution

1. Lengthiest Constitution in the World
o With 448 Articles and multiple Schedules, the Indian Constitution is
one of the most detailed in the world, covering a wide range of topics
from governance to individual rights.
2. Parliamentary Democracy with Federal Structure
o India follows a Parliamentary form of government, where the
executive is accountable to the legislature.
o It has a federal structure, with powers divided between the Union
and State governments, but it has a unitary bias during
emergencies when power becomes centralized.
3. Secular and Socialist State
o The Indian state is secular, meaning that it does not favor any
religion.
 o The term “socialist” was added to the Preamble in 1976 to
emphasize the government’s commitment to social and economic
equality.

Fundamental Rights: Articles 12 to 35

The Fundamental Rights are enshrined in Part III of the Constitution. These
rights protect the individual liberty and dignity of citizens, ensuring that no law or
government action infringes upon their basic freedoms.
1. Right to Equality (Articles 14-18)
o Guarantees equality before the law and protection from
discrimination on grounds of religion, race, caste, sex, or place of
birth.
2. Right to Freedom (Articles 19-22)
o Includes the freedom of speech and expression, assembly,
association, movement, residence, and profession.
3. Right against Exploitation (Articles 23-24)
o Prohibits human trafficking and forced labor.

4. Right to Freedom of Religion (Articles 25-28)

o Guarantees the freedom to practice, profess, and propagate any
religion.
5. Cultural and Educational Rights (Articles 29-30)
o Protects the rights of minorities to preserve their culture and
establish educational institutions.
6. Right to Constitutional Remedies (Article 32)
o Empowers citizens to approach the Supreme Court or High Courts
if their Fundamental Rights are violated.
o Dr. Ambedkar called Article 32 the “heart and soul” of the
Constitution, as it ensures that rights are enforceable.
President of India
1. Position and Role
o The President of India is the Head of the State and represents the
unity and integrity of the nation.
o As the Supreme Commander of the Armed Forces, the President
holds ceremonial authority over the Army, Navy, and Air Force.
2. Election Process
o The President is elected indirectly by an Electoral College. This
college consists of:
 Members of both Houses of Parliament (Rajya Sabha and
Lok Sabha).
 Elected members of Legislative Assemblies of all states
and Union Territories with legislatures (like Delhi and
Puducherry).
o The proportional representation system and single transferable
vote method ensure that every vote has weight in the election.
3. Functions of the President
o Ceremonial Head: Performs symbolic duties, such as inaugurating
sessions of Parliament, presenting awards, and hosting state functions.
o Guardian of the Constitution: Ensures that the executive and
legislative bodies act according to constitutional provisions.
o Legislative Role:

 Signs bills into laws.

 Can issue ordinances when Parliament is not in session.
o Judicial Role:

 Has the power to pardon, reprieve, or commute sentences of

prisoners.
4. Emergency Powers
o The President can declare a national emergency, state
emergency, or financial emergency under specific conditions, with
the advice of the Prime Minister and Cabinet.
Vice-President of India
1. Role and Election
o The Vice-President serves as the ex-officio Chairman of the Rajya
Sabha (Upper House of Parliament).
o Elected by members of both Houses of Parliament through a
simple majority vote.
2. Functions of the Vice-President
o Presides over Rajya Sabha sessions and ensures that the House
functions smoothly.
o Takes over the duties of the President in their absence, death, or
resignation until a new President is elected.
o Assists the President in ceremonial roles and performs other duties as
delegated by the President.

Prime Minister and Cabinet

1. Prime Minister
o The Prime Minister is the Head of the Government and leads the
executive branch.
o Appointed by the President, usually from the party or coalition with a
majority in the Lok Sabha.
o Acts as the chief decision-maker on policy matters and represents
the government within the country and internationally.
2. Council of Ministers
o The Council of Ministers includes Cabinet Ministers, Ministers of
State, and Deputy Ministers.
o The Prime Minister is the head of the Council and plays a critical role
in policy formulation and implementation.
3. Cabinet Ministers
o Cabinet Ministers are in charge of major ministries such as Finance,
Defence, and Home Affairs.
o Together, the Cabinet formulates policies, drafts legislation, and
ensures the implementation of laws and government programs.
 o Collective Responsibility: The Cabinet as a whole is accountable to
the Lok Sabha for its actions and decisions.

Union Legislature – Rajya Sabha and Lok Sabha – Functions

and Powers
The Union Legislature, or Parliament of India, is a bicameral body consisting
of two houses: Rajya Sabha (Council of States) and Lok Sabha (House of the
People). These two houses work together to legislate, debate national issues,
and hold the executive accountable.

Rajya Sabha (Council of States)

1. Composition and Membership
o Rajya Sabha represents the states and union territories of India.

o It has 245 members, of which:

 233 are elected by the elected members of State Legislative

Assemblies and Union Territories with legislatures.
 12 members are nominated by the President for their
contributions to art, literature, science, and social services.
2. Term and Structure
o Rajya Sabha is a permanent house; it cannot be dissolved.

o Members serve six-year terms, with one-third of the members

retiring every two years.
3. Functions and Powers
o Legislative Role:

 Reviews, debates, and amends bills introduced in either house of

Parliament.
 While money bills can only be introduced in the Lok Sabha,
Rajya Sabha can recommend amendments to them (although
these recommendations are not binding).
o Checks on Executive Power:

 Discusses policies and questions the government’s actions.

o Electoral Functions:
  Participates in the election of the President and Vice-
President.

Lok Sabha (House of the People)

1. Composition and Membership
o Lok Sabha is the directly elected house, with members chosen by
universal adult suffrage for a five-year term.
o It has 545 members, of which:

 543 are elected from parliamentary constituencies.

 2 members may be nominated by the President from the
Anglo-Indian community (a practice discontinued in recent
years through amendments).
2. Role and Functions
o Legislative Powers:

 Most laws originate in the Lok Sabha, including money bills

that deal with taxation and government spending.
 Lok Sabha debates and votes on budgets and financial
proposals.
o Control over the Executive:

 The government is accountable to the Lok Sabha, which can

pass a vote of no confidence to dismiss the executive.
 Question Hour and debates in the Lok Sabha allow members
to question ministers on government policies and decisions.
o Passing of Money Bills:

 Money bills (relating to taxes, borrowing, and expenditure) can

only be introduced in the Lok Sabha.
 Once passed by the Lok Sabha, the Rajya Sabha must return
the bill within 14 days with recommendations. However, the
Lok Sabha can choose to accept or reject the
recommendations.

Comparison of Rajya Sabha and Lok Sabha

Aspect Rajya Sabha (Council of Lok Sabha (House of the

States) People)
Membership 245 members 545 members

Method of Indirect election by State Direct election by the

Election Assemblies public

Term 6 years (one-third retire every 5 years

2 years)

Dissolution Permanent house Can be dissolved by the

President

Control over Limited Complete control

Executive

Role in Money Can only suggest Decisive authority

Bills amendments
Union Judiciary – Supreme Court – Functions – Rule of Law
The Union Judiciary plays a crucial role in upholding the principles of justice and
ensuring the Constitution is adhered to across the country. At the center of this
system is the Supreme Court of India, which functions as the apex court in the
judicial hierarchy.
Supreme Court of India
1. Establishment and Structure
o The Supreme Court was established on January 26, 1950, under the
Constitution of India, replacing the Federal Court of India and the
Privy Council.
o It is located in New Delhi and serves as the highest court of appeal
for all cases in the country.
2. Appointment of Judges
o Judges of the Supreme Court are appointed by the President of
India, following the recommendations of the Collegium (a group
consisting of senior judges).
o Judges can serve until the age of 65, after which they must retire.

o The Chief Justice of India (CJI) heads the court, and other judges are
appointed to ensure the effective functioning of the judiciary.

Functions of the Supreme Court

1. Original Jurisdiction
o The Supreme Court has original jurisdiction in cases involving:

 Disputes between the Union and one or more states.

 Disputes between two or more states.
o This means that parties can directly approach the Supreme Court for
resolving these disputes without first going to lower courts.
 2. Appellate Jurisdiction
o The Supreme Court hears appeals against judgments or orders
passed by the High Courts or other lower courts.
o It can review decisions on matters related to civil, criminal, and
constitutional issues.
o The court ensures uniform interpretation of laws across India through
its appellate function.
3. Advisory Jurisdiction
o Under Article 143 of the Constitution, the President of India can seek
the opinion of the Supreme Court on important questions of law or
fact.
o Although the court’s advice is not binding, it carries significant
weight in guiding executive actions.

Rule of Law
The Rule of Law is a fundamental principle of governance that ensures no one is
above the law, including government officials and elected representatives.
1. Equality before the Law
o Every citizen, regardless of their social, economic, or political status, is
treated equally under the law.
2. Accountability of Government Bodies
o Both the executive (government) and legislative (Parliament and
State Legislatures) must act within the limits set by the Constitution.
Any law or executive action that violates the Constitution can be struck
down by the courts through judicial review.
3. Protection of Fundamental Rights
o The judiciary protects the Fundamental Rights of citizens and
ensures that laws do not infringe upon these rights. If a citizen’s
rights are violated, they can approach the Supreme Court or High
Courts directly through writ petitions.
State – Executive – Legislature – Judiciary
India’s political system operates at both the Union and State levels. Each state
has its Executive, Legislature, and Judiciary, which function independently but
within the framework of the Constitution.

State Executive
1. Governor
o The Governor is the nominal head of the state, appointed by the
President of India for a term of five years.
o While the Governor performs ceremonial roles, they act on the
advice of the Chief Minister and Council of Ministers.
o In certain situations, the Governor can exercise discretion, such as
during a hung assembly or when the state is under President’s
Rule.
2. Chief Minister and Council of Ministers
o The Chief Minister is the real executive authority in the state,
similar to the Prime Minister at the national level.
o The Chief Minister is appointed by the Governor and leads the
Council of Ministers, which is responsible for policy formulation
and administration at the state level.
o Together, the Chief Minister and the ministers ensure implementation
of laws, state welfare programs, and governance.

State Legislature
1. Bicameral and Unicameral Legislatures
o Some states have a bicameral legislature, consisting of:
  Legislative Assembly (Vidhan Sabha): Lower House, with
members directly elected by the people.
 Legislative Council (Vidhan Parishad): Upper House, with
members elected through various bodies like teachers,
graduates, and local representatives.
o Most states in India have a unicameral legislature, meaning they
only have a Legislative Assembly.
2. Functions of the Legislative Assembly
o Law-Making: The Legislative Assembly passes laws related to
subjects in the State List (e.g., police, health, agriculture).
o Budget Approval: The Assembly must approve the state’s annual
budget and any proposals for new taxes.
o Accountability of Executive: Through debates, Question Hour, and
motions, the legislature holds the state government accountable
for its actions.

State Judiciary
1. High Courts
o The High Court is the highest judicial authority in the state and
functions independently from the executive and legislature.
o It has the power to:

 Interpret state laws.

 Issue writs to protect Fundamental Rights.
 Hear appeals from lower courts and resolve disputes
involving state subjects.
2. District and Sessions Courts
o Below the High Court are District Courts, which handle civil cases
such as property disputes, family matters, and contracts.
o Sessions Courts handle criminal cases, including serious offenses
like murder and robbery.
3. Judicial Independence and Accountability
o The judiciary ensures that the laws passed by the legislature are
consistent with the Constitution and resolves disputes
impartially.
 o Judicial review allows courts to strike down unconstitutional laws or
executive actions.
Reference Books
1. Agarwal, R.C. – National Movement and Constitutional Development
o Focuses on the historical context of the Indian Constitution.
2. Chopra, B.R. – Constitution of India
o Offers detailed explanations of constitutional provisions.
3. Rao, B.V. – Modern Indian Constitution
o Covers the working of the Indian Constitution post-independence.
4. Nani Palkhivala – Constitution of India
o Discusses key constitutional principles with a focus on jurisprudence.