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TNPSC Free Notes Polity In English – Making of Indian Constitution

இந்தக் கட்டுரையில், TNPSC குரூப் 1, குரூப் 2, குரூப் 2A, குரூப் 4 மாநிலப் போட்டித் தேர்வுகளான TNUSRB, TRB, TET, TNEB போன்றவற்றுக்கான  முறைகள் இலவசக் குறிப்புகளைப் பெறுவீர்கள்.தேர்வுக்கு தயாராவோர் இங்குள்ள பாடக்குறிப்புகளை படித்து பயன்பெற வாழ்த்துகிறோம்.

Making of Indian Constitution

 The members of Constituent Assembly drafted the Indian Constitution. The Constituent
Assembly held its first meeting on 9 December 1946 and reassembled after partition of
Pakistan as Constituent Assembly for the remaining India on 14 th August 1947.
 The members of the Provincial Legislative Assemblies indirectly elected the members of
the Constituent Assembly.
 The Constituent Assembly was composed of members along the lines suggested by the
plan proposed by the Committee of the British Cabinet, also known as the Cabinet
According to this Plan
 Provinces and princely states or group of states were allotted seats proportional to their
respective population roughly in the ratio of 1:1 million.

 The provinces were to elect 292 members while the princely states were to send a
minimum of 93 seats.
 The seats of each province were distributed among three main communities, namely,
the Hindus, Muslims, and Sikhs, in proportion to their respective populations in their
 Members of each community in the Provisional Legislative Assembly elected their
representatives by the method of proportional representation with a single transferable
 The method of selection of representatives of Princely States was to be determined by
the princely states themselves.
The Composition of the Constituent Assembly
 Two hundred eighty-four members were present on 26 November 1949 and appended
their signature to the Constitution as finally passed.
 The 1st meeting of the Constituent Assembly took place in Constitution Hall, New Delhi,
on Monday, the 9th December 1946, at Eleven of the Clock.
 The title of the first debate was “Election of Temporary Chairman,” Acharya J. B.
Kripalani (United Provinces: General) requesting Dr. Sachchidananda Sinha to take the
Chair as temporary Chairman. (Constituent Assembly Debates).
 The Final meeting held on 24.01.1950 with the title of “Signing of the Constitution” and
Dr. Rajendra Prasad was the Chairman of the debate.
 The Constituent assembly debate consists of 12 Volume and it held between9th
December 1946 to 24 th January 1950.
1. Volume I (9th December to 23 rd December 1946)
2. Volume II (20th January to 25 th January 1947)
3. Volume III (28th April to 2nd May 1947)
4. Volume IV (14th July to 31st July 1947)
5. Volume V (14th August to 30nd August 1947)
6. Volume VI (27th January 1948)
7. Volume VII (4th November 1948 to 8th January 1949)
8. Volume VIII (16th May to 16th June 1949)
9. Volume IX (30th July to 18 th September 1949)
10. Volume X (6th October to 17 th October 1949)
11. Volume XI (14th November to 26 th November 1949)
12. Volume XII (24th January 1950)
Committees of the Constituent Assembly:

 The Constituent Assembly appointed a number of committees to deal with different
tasks of Constitution – making.
 There are eight major committees and the others were minor committees.
Major Committees
1. Union Powers Committee–Jawaharlal Nehru
2. Union Constitution Committee – Jawaharlal Nehru
3. Provincial Constitution Committee – Sardar Patel
4. Drafting Committee – Dr. B.R. Ambedkar
5. Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas –
Sardar Patel.
This committee had the following sub- committees:
a) Fundamental Rights Sub-Committee –J.B. Kripalani
b) Minorities Sub-Committee – H.C.Mukherjee
c) North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-
Committee – Gopinath Bardoloi
d) Excluded and Partially Excluded Areas (Other than those in Assam) Sub- Committee –
A.V. Thakkar
6. Rules of Procedure Committee – Dr.Rajendra Prasad
7. States Committee (Committee for Negotiating with States) – Jawaharlal Nehru
8. Steering Committee – Dr.Rajendra Prasad.
Drafting Committee:
Here in these above said committees, drafting committee is an important committee, which
was set up on August 29, 1947 to draft the new Constitution. B.N. Rao was an Indian civil
servant known for his key role in drafting the Constitution.

This committee consists of seven members, they are:
1. Dr B R Ambedkar (Chairman of Drafting Committee)
2. N Gopalaswamy Ayyangar
3. AlladiKrishnaswamyAyyar
4. Dr K M Munshi
5. Syed Mohammad Saadullah
6. N Madhava Rao (He replaced B L Mitter who resigned due to ill-health)

7. T.T.Krishnamachari (He replaced D P Khaitan who died in 1948)
o The Drafting Committee took less than six months to prepare its draft.
o The whole Constitution took period of 2 years, 11 months and 18 days to complete.
o The total expenditure incurred on making the Constitution amounted to Rs.64 lakhs.
The Constitution was adopted on November 26, 1949, contained a Preamble, 395 Articles and
8 Schedules.
Source of Constitution
Source of

Concepts borrowed

1. Government of
India Act, 1935

Federal provisions, office of Governor, judiciary, public service
commissions, emergency provisions, and administrative details.

2. British

Parliamentary government, single citizenship, rule of law, cabinet system,
legislative procedure, prerogative writs.

3. American

Fundamental Rights, Judicial Review, Independence of Judiciary,
Impeachment of the President, removal of Supreme Court Judges, High
Court Judges and Vice-President.

4. Ireland

The Directive Principles of State Policy, were adopted from the Irish

5. Canada

Federation with a strong centre, residuary powers with the centre, the
appointment of state governors by the centre and advisory jurisdiction of
the Supreme Court.

6. Australia Freedom of trade, commerce, and the joint sitting of the two Houses of

Parliament & concurrent list.

7. Germany Suspension of the Fundamental Rights during Emergency.
8. Soviet

Fundamental duties, the ideal of justice (social, economic and political) in
the Preamble, were on the model of the constitution of the USSR.
(Fundamental duties were asserted through 42 nd amendment in 1976)
9. France Republic and the ideals of liberty, equality, and fraternity in the Preamble.

10. South Africa Procedure for amendment to the Constitution, and election of the

members of Rajya Sabha.

The term ‘preamble’ refers to the introduction or preface to the Constitution.
 It consists of the ideals, objectives and basic principles of the Constitution. It contains
the summary or essence of the Constitution.
 It has great value and has been described as the ‘key to the Constitution’.
 The Preamble to the Indian Constitution is based on the ‘Objective Resolution’, drafted
by Jawaharlal Nehru, which was adopted by the Constituent Assembly on January 22,
 It has been amended once by the 42nd Constitutional Amendment Act of 1976, which
added three new words – socialist, secular and integrity.
 The Preamble begins with the phrase ‘We, the People of India’. This clearly implies that
the Constitution derives its authority from the People of India.
 Thus, we can say that the people of India are the source of our Constitution. The
Preamble of our Constitution states that India is a Sovereign Socialist Secular
Democratic Republic.
 Its aim is to secure to all Indian citizens Social, economic and political justice. The
Constitution guarantees Liberty of thought, expression, belief, faith and worship to all. It
gives Equality of status and of opportunity to all. It wants to promote Fraternity among
all Indians.
 Liberty, Equality and Fraternity were the important slogans during the French
Revolution in 1789. They are given importance in the Preamble of our Constitution.
Four aspects of preamble:
1. Source of authority of Constitution
 From citizens
 The first and last line of the preamble concludes this.
2. Ideals for the state

 Like sovereign, socialist, secular, Democratic, Republic.
 And also unity and Integrity.
3. Ideals for the citizens
Like Justice, Liberty, Equality, Sovereignty and Dignity of Individual.
4. Date of adoption of the Constitution
26 th Nov 1949.
Significance of this date: India declared itself as Sovereign, Democratic, Republic.
Comments about preamble
Preamble is the identity card of our Constitution N.A. Palkhiwala
Preamble is a Soul to the constitution Pandit Thakur Das Bargava
Horoscope of our sovereign democratic republic K.M. Munshi
Preamble is a Key note of the constitution Earnest Baker
It is a symbol of dreams of India Alladi Krishnaswamy Iyer

Key words in the Preamble
1. Sovereign
 The word ‘sovereign’ implies that India is neither a dependency nor a dominion of any
other nation, but an independent state.
 There is no authority above it, and it is free to conduct its own affairs (both internal and
 The powers of the Constitution are derived from the people.
 The first and last line of the preamble confirms this
2. Socialist
 Even before the term was added by the 42nd Amendment in 1976, the Constitution had
a socialist content in the form of certain Directive Principles of State Policy.
 Wealth must be created and shared equally in society which means economic
inequalities must be eliminated.
3. Secular

 Secularism is a fundamental part of the Indian Constitution which means equal freedom
and respect for all religions
 The Indian Constitution embodies the positive concept of secularism ie, all religions in
our country (irrespective of their strength) have the same status and support from the
4. Democratic
 According to Universal adult franchise, the people of India has voting rights which is one
vote per person.
 Every citizen in India has the right to vote upon attaining the age of 18 years
 The term ‘democratic’ is used in the Preamble in the broader sense embracing not only
political democracy but also social and economic democracy.
5. Republic
 In a republic, the head of the state is always elected directly or indirectly for a fixed
 Therefore, the term ‘republic’ in our Preamble indicates that India has an elected head
called the president. He is elected indirectly for a fixed period of five years..
6. Justice
 The term ‘justice’ in the Preamble embraces three distinct forms—social, economic and
political, secured through various provisions of Fundamental Rights and Directive
 Social justice denotes the equal treatment of all citizens without any social distinction
based on caste, colour, race, religion, sex and so on..
 Economic justice denotes the non-discrimination between people on the basis of
economic factors. It involves the elimination of glaring inequalities in wealth, income
and property.
 Political justice implies that all citizens should have equal political rights, equal access to
all political offices and equal voice in the government.
7. Liberty
 The term ‘liberty’ means the absence of restraints on the activities of individuals, and at
the same time, providing opportunities for the development of individual personalities.
 Liberty as elaborated in the Preamble is very essential for the successful functioning of
the Indian democratic system.

 However, liberty does not mean ‘license’ to do what one likes, and has to be enjoyed
within the limitations mentioned in the Constitution itself.
8. Equality
The term ‘equality’ means the absence of special privileges to any section of the society, and
the provision of adequate opportunities for all individuals without any discrimination.
9. Fraternity
 Fraternity means a sense of brotherhood. The Constitution promotes this feeling of
fraternity by the system of single citizenship.
 There is no place for caste which prevents the unity of the state
 The word fraternity was coined by Dr.B.R Ambedkar.
Amendability of the Preamble
 In 1976, 42nd Amendment to the Constitution added the words socialist, secularism and
 In the Berubari Union case (1960), the Supreme Court said that the Preamble shows the
general purposes behind the several provisions in the Constitution, and is thus a key to
the minds of the makers of the Constitution
 The question as to whether the Preamble can be amended under Article 368 of the
Constitution arose for the first time in the historic case of KesavanandaBharati (1973).
 The Supreme Court, however, held that the Preamble is a part of the Constitution. The
Court stated that the opinion tendered by it in the BerubariUnion (1960) in this regard
was wrong, and held that the Preamble can be amended, subject to the condition that
no amendment is done to the ‘basic features’.
 In the LIC of India case (1995) also, the Supreme Court again held that the Preamble is
an integral part of the Constitution.


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