Historical Background, Making and Sources of the Indian Constitution
The Constitution of India is the supreme law of the land, and its story begins long before 26 January 1950. It is the product of nearly two hundred years of British constitutional experiments, the political struggle of the Indian people, and a careful study of the constitutions of several other countries. This topic explains the historical background, the making of the Constituent Assembly and the sources from which the Constitution was drawn.
Introduction and Background
The constitutional history of India begins with the Regulating Act of 1773, the first attempt by the British Parliament to control the East India Company. It created the office of the Governor-General of Bengal and provided for a Supreme Court at Calcutta. It was followed by Pitt’s India Act of 1784, the Charter Acts of 1813, 1833 and 1853, the Indian Councils Acts of 1861, 1892 and 1909, the Government of India Act of 1919 and the Government of India Act of 1935. Each law added something to the machinery of government and slowly widened Indian participation.
The national movement changed the direction of this history. The demand for a constitution framed by Indians themselves was first put forward by M. N. Roy in 1934. The Nehru Report of 1928, the Karachi Resolution of 1931 and the August Offer of 1940 kept the demand alive. Finally, the Cabinet Mission Plan of 1946 provided for the election of a Constituent Assembly that was to frame the Constitution of free India.
The Making of the Constitution
The Constituent Assembly was constituted in July 1946 under the scheme of the Cabinet Mission. Its first meeting was held on 9 December 1946, with Dr. Sachchidananda Sinha as the temporary President. On 11 December 1946, Dr. Rajendra Prasad was elected President. The historic Objective Resolution was moved by Jawaharlal Nehru on 13 December 1946; it was adopted on 22 January 1947 and became the basis of the Preamble. A Drafting Committee of seven members was set up on 29 August 1947 under the chairmanship of Dr. B. R. Ambedkar. The draft was published in February 1948 and submitted to the Assembly on 4 November 1948. After two years, eleven months and eighteen days, the Constitution was adopted on 26 November 1949 and came into force on 26 January 1950.
Sources of the Indian Constitution
- Government of India Act, 1935: the single biggest source; federal scheme, office of the Governor, judiciary, public service commissions, emergency provisions and administrative details.
- British Constitution: parliamentary government, rule of law, single citizenship, cabinet system, writs and bicameralism.
- US Constitution: Fundamental Rights, judicial review, independence of the judiciary, removal of judges, office of the Vice-President and equal protection of laws.
- Irish Constitution: Directive Principles of State Policy, method of election of the President and nomination of members to the Rajya Sabha.
- Canadian Constitution: federation with a strong Centre, residuary powers with the Centre, appointment of State Governors by the Centre and advisory jurisdiction of the Supreme Court.
- Australian Constitution: Concurrent List, freedom of trade and commerce, and joint sittings of the two Houses.
- Weimar (German) Constitution: suspension of Fundamental Rights during emergency.
- Soviet Constitution: Fundamental Duties.
- French Constitution: the ideals of liberty, equality and fraternity.
- South African Constitution: procedure for amendment of the Constitution.
- Japanese Constitution: the expression “procedure established by law”.
Important Persons and Facts (Quick Revision Bullets)
- M. N. Roy: first proposed a Constituent Assembly for India (1934).
- Dr. Sachchidananda Sinha: temporary President of the Constituent Assembly.
- Dr. Rajendra Prasad: President of the Constituent Assembly.
- Jawaharlal Nehru: moved the Objective Resolution on 13 December 1946.
- Dr. B. R. Ambedkar: Chairman of the Drafting Committee; called the chief architect of the Constitution.
- Dr. B. N. Rau: Constitutional Advisor to the Constituent Assembly.
- Drafting Committee: seven members, set up on 29 August 1947.
- Adopted: 26 November 1949, now observed as Constitution Day.
- Came into force: 26 January 1950, observed as Republic Day.
Why This Topic Matters for Exams
Questions from this topic appear regularly in ADRE, APSC, Assam Police, DHS, SSC and Railway examinations. They ask about the plan under which the Constituent Assembly was formed, its first meeting, the President and the Chairman of the Drafting Committee, the Objective Resolution, the dates of adoption and enforcement, and the country-wise sources of the Constitution. Because the facts are fixed, accurate revision can secure full marks.
How to Prepare This Topic
- Learn the constitutional Acts in order: 1773, 1784, 1833, 1853, 1861, 1892, 1909, 1919 and 1935.
- Memorise the key dates of the Constituent Assembly from 1946 to 1950.
- Remember the persons: M. N. Roy, Sachchidananda Sinha, Rajendra Prasad, Nehru, Ambedkar and B. N. Rau.
- Learn the sources country by country and match each feature with its constitution.
- Practise the twenty-five questions on this page twice and note every mistake.
Common Exam Traps
- The Constituent Assembly was formed under the Cabinet Mission Plan (1946), not the Cripps Mission.
- The Constitution was adopted on 26 November 1949 but came into force on 26 January 1950.
- Dr. Rajendra Prasad was the President; Dr. Ambedkar was the Chairman of the Drafting Committee.
- The single biggest source is the Government of India Act, 1935, not the British Constitution.
- Fundamental Duties came from the Soviet Constitution, while Fundamental Rights came from the US Constitution.
Frequently Asked Questions
Under which plan was the Constituent Assembly of India formed?
The Constituent Assembly was formed under the Cabinet Mission Plan of 1946. The Mission proposed a union of British India and the princely states, a federal structure with a strong Centre, and an elected body to frame the Constitution. Its members were elected indirectly by the provincial legislative assemblies.
What is the difference between 26 November 1949 and 26 January 1950?
The Constitution was adopted on 26 November 1949, which is why the day is observed as Constitution Day. However, most of its provisions came into force on 26 January 1950, the day India became a republic and the day observed as Republic Day. A few articles relating to citizenship, elections and the provisional Parliament came into force on 26 November 1949 itself.
Why is the Indian Constitution called a bag of borrowings?
It is called a bag of borrowings because the framers studied the constitutions of many countries and adopted the features best suited to Indian conditions. For example, parliamentary government came from Britain, Fundamental Rights from the United States, Directive Principles from Ireland and Fundamental Duties from the Soviet Union. At the same time, the Constitution adapted these features to Indian needs and did not copy them blindly.
Who was the Chairman of the Drafting Committee and who was the Constitutional Advisor?
Dr. B. R. Ambedkar was the Chairman of the seven-member Drafting Committee, and he is regarded as the chief architect of the Constitution. Dr. B. N. Rau served as the Constitutional Advisor to the Constituent Assembly and prepared the initial draft that the Drafting Committee later revised.
Which Act is the largest single source of the Indian Constitution?
The Government of India Act of 1935 is the largest single source. The federal scheme, the office of the Governor, the judiciary, the public service commissions, the emergency provisions and much of the administrative machinery of the Constitution were taken from this Act. However, the Constitution gave these institutions a democratic and accountable character.