• 24-25 (ODD)\Syllabus of IC 24-25.

odt
 Module-1
Indian Constitution: Necessity of the Constitution, Societies
before and after the Constitution adoption. Introduction to the
Indian constitution, Making of the Constitution, Role of the
Constituent Assembly.
Meaning
• A constitution is defined as a legal body that administers the political
system of any nation.
• It is the supreme law of the nation.
• The document lays down the frame work that democrats fundamental
political code,
• structure,
• powers and duties of the government institutions and
• set out fundamental rights, directive principles of and the duties of the
citizens.
• It outlines the authorities of the different divisions and levels of the
government.
• It states the guidelines and principles for people belonging to varying
religions to live in a harmonious way.
Necessity of the Constitution
To run a country constitution is necessary : their will be
chaos all over the country ,totalitarian and authoritarian regime
will get start and will be oppresses by some of the dominant
groups and so they cannot enjoy their fundamental rights and
will become powerless
It lays out certain ideals that form the basis of the kind of the
country that we as a citizens aspire to live in. It helps to arrive
at common consensus
It upholds the beliefs and ideas of the citizen of the country
constitutions strive for a delicate balance to ensure that the
collective power of society invested in the state is neither dissipated
or fragmented to become ineffective ,nor so tightly organized or
untrammeled that it takes away our freedom and become
oppressive.
The most important thing of the constitution is that it limits the
power of government by putting some restrictions and outlining a
framework within which government should perform.
Indian constitution believes in sharing of power rather than
centralization of power or power in fewer hands.
Constitution provides a set of basic rules that allow for optimal coordination amongst
members of the state.
The constitution specifies the necessary allocation of power between the
various segments of the state
It also dictates the means of forming and running political parties.
The constitution clarifies the rights of the citizens and their respective
roles and responsibilities.
Thus, the importance of a constitution lies in how it keeps the nation
organized and
 Ensures that the preservation of laws and legal norms.
To enable the government to fulfil the aspirations of a society and
create conditions for a just society.
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.
• 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.
Role of the Constituent Assembly.
• These were to avoid the cumbersome and slow progress in the process of
Constitution making.
• The Cabinet Mission provided for the indirect election to the Constituent
Assembly by the elected members of the provincial legislature. The Indian
National Congress agreed to this proposal of the Cabinet Mission forsaking the
claim of adult franchise to hold election to the Constituent Assembly.
• Despite having been elected through the restricted adult franchise, the
Constituent Assembly represented different shades of opinions and religious
communities of India
• though there was a majority of the Indian National Congress in the Constituent
Assembly, ” that the Indian National Congress should represent social and
ideological diversity
• There was also its “deliberate policy” that the representatives of various minority
communities and viewpoints should be represented in the Constituent Assembly.
• The Constituent Assembly consisted of members with different ideological
orientations, and three religious communities -Sikhs, Muslims and General (Hindus
and all other communities like the Anglo-Indians, Parsis, etc).
• In words of K. Santaram “There was hardly any shade of opinion not represented in
the Assembly”
• Majority of the Constituent Assembly members belonged to the Indian National
Congress. It also included more than a dozen non-Indian National Congress members.
• Some of these were A.K. Ayyer, H.N. Kunjru, N.G. Ayyanger, S.P. Mukherjee and Dr.
B.R. Ambedkar. S.P. Mookerji represented the Hindu Mahasabha.
• The Constituent Assembly included representatives from the Princely States as well.
• The Constituent Assembly sought to address concerns of every person irrespective of
their social and cultural orientations. Before incorporating a provision in the
constitution, it held elaborate deliberations.
• The Constituent Assembly adopted several provisions from different constitutions of
world and adapted them to the needs of India. I
• Most members of the Constituent Assembly participated in its proceedings. But these
were twenty individuals who played the most influential role in the Assembly.
• Some of them were Rajendra Prasad, Maulan Azad, Vallabhbhai Patel, Jawaharlal
Nehru, Govind Ballabh Pant, P. Sitaramayya, A.K. Ayyar, N.G. Ayyangar, K.M. Munshi,
Dr. B.R. Ambedkar and Satyanarayan Sinha.
• Though the Constituent Assembly was the sole forum where deliberations took place,
yet the deliberations took place in coordination of three bodies –
• The Constituent Assembly,
• The Indian National Congress Party, and
• The interim government.
• The Constitution Drafting Committee meticulously incorporated in the draft
constitution the decisions of the Constituent Assembly. Dr. B.R. Ambedkar, chairman
of the Drafting Committee played the leading role in drafting of the Constitution
• Dr. Ambedkar on his part “gave much of credit” to S.N. Mukerjee - B.N. Rau’s and
Ambedkar’s assistant, the Drafting Officer of the Assembly, “for the careful wording of
the Constitution”
• The inaugural session of the Constituent Assembly was held on 9
December 1946.
• It was supposed to be attended by all 296 members but only 207
members could attend it because the Muslim League members
absented from it. As they had boycotted the Constituent Assembly.
• In this meeting, Acharya J.B. Kripalani requested Dr. Sachchidananda
Sinha to be the temporary chairman of the House.
• The members passed a resolution on 10 December 1946 for election
of a permanent chairman, and on 11 December 1946, Dr. Rajendra
Prasad was elected as the permanent Chairman of the Constituent
Assembly.
• On13 December 1946, Jawaharlal Nehru moved resolution regarding
the Objectives of the constituent
Committees
• The Constituent Assembly divided its work among different committees for its smooth
functioning.
• Some of the important committees were:
• (a) Union Power Committee. It was chaired by Jawaharlal Nehru and had nine members;
• (b) Committee on Fundamental Rights and Minorities. It had 54 members and Sardar
Ballabh bhai Patel was its chairman;
• (c) Steering Committee and its 3 members which included Dr. K.M. Munshi (chairman),
Gopalaswami Iyangar and Bhagwan Das;
• (d) Provincial Constitution Committee. It had 25 members with Sardar Patel as its
chairman;
• (e) Committee on Union Constitution. It had 15 members with Jawahalal Nehru as its
chairman.
• (f) Drafting Committee on 29 August 1947 under the chairmanship of Dr. B.R.
Ambedakar.
• The draft was prepared by Sir B.N. Rau, Advisor to the Constituent Assembly.
• A 7-member Committee was constituted to examine the draft. Dr. B.R.
Ambedkar, who was Law Minister as well as chairman of the Drafting
Committee piloted the draft in the Assembly.
• Dr. Ambedkar presented “Draft Constitution of India”.
• The “Draft Constitution” was published in February, 1948. It was discussed by
the Constituent Assembly clause by in its several sessions and was completed
by October 17, 1949.
• This discussion was known as the second reading.
• The Constituent Assembly again met on 14 November 1949 to discuss the draft
further or to give it a third reading.
• It was finalised on 26 November 1949 after receiving the signature of the
President of the Constituent Assembly.
• But it was January 26, 1950 which became the date of commencement of the
Constitution.