Constitution:

Definition: The constitution is that body of rules and laws according to which a
state is governed.
a) Constitution defines and determines the rules to create an orderly society.
b) It determines the form of government and the powers to be exercised by the
various organs of the government-the legislature, the executive and judiciary.
c) It decides the limitations on these powers.
d) It sets out the basic objects and ideals of a society and,
e) It makes clear the right of citizenship.

Necessity of the constitution:-

1. A set of rules to create an orderly society: The rule that we framed
should be just and reasonable.
2. The constitution determines the form of government and powers to be
exercised by various organs of government: The constitution determines the form
form of government. Ours is a ‘representative democracy’. People in India elect
their representatives who rule on people’s behalf. There is a clear demarcation of
powers and responsibilities of the legislature, executive and judiciary in the
constitution. This form of government is known as the “parliamentary form of
government”.
3. The constitution limits the powers of the rulers: Fundamental rights
are a check on the arbitrary powers and acts of the government.
4. The constitution sets out the basic objects and ideals of the society:
The preamble to the constitution of India declares our solemn determination to
secure to all its citizens: justice, liberty and equality.
5. The constitution makes clear the rights of citizens.

Making of the Indian Constitution:

⁃ The constitution war Enacted by the constitution-making body, known as
the constituent assembly.
⁃ A constituent assembly had been set up to draw up the constitution of
free India that was done in accordance with the cabinet mission plan of 1946. Under
the scheme of indirect election proposed by the committee, the members of the
constitution assembly were elected by the provincial assemblies and the
representative of the princely states were nominated by the rulers of the states.
⁃ Each province and each princely state was allotted seats roughly in the
ratio of 1:1000000. The assembly meant to consist of 385 members. The provinces
were to elect 292 members whereas princely states were allotted 93 seats. As a
result of the partition of India the membership got reduced to 308.
⁃ Rajendra Prasad was the president of the constituent assembly.
⁃ Dr. BR Ambedkar was the chairman of the constituent assembly.
⁃ There was hardly any shade of public opinion not represented in the
assembly. Although indirectly elected... The constituent assembly was a highly
representative body. The assembly was, this, a mini-India it was intended to be the
mirror of the nation.

Deliberations of the constituent assembly:

⁃ The assembly had its first sitting on December 9, 1946. Dr.
Sachindanand Sinha, the oldest member of the house was elected interim president of
the assembly. On December 11, 1946 Dr. Rajendra Prasad was elected its permanent
president.
⁃ Nearly 250 members participated in the debates of the assembly, over
200 of them frequently. This shows that the assembly did its job with great
deliberations.

Procedures followed in enacting the constitution:

⁃ The Constituent assembly had eight major committees to examine the
various issues in depth.
 1. Rules committee
2. The steering committee
3. The advisory committee
4. The drafting committee
5. The union subject committee
6. The union constitution committee
7. The provincial constitution committee
8. The states committee
⁃ The draft constitution as prepared by the drafting committee was
published on 26 February 1948.
⁃ The drafting committee revised the draft constitution and enacted and
adopted by the constituent assembly on 26 November 1949.
⁃ The constitution came into force on 26 January, 1950. On that day begin
Dr. Rajendra Prasad. As president of the Indian union. It is to be noted that
January 26 had a great significance in India’s struggle for Swaraj. The congress
session of Lahore on December 29, 1929 had passed a resolution declaring purna
Swaraj (complete independence) as India’s goal. It was also decided that 26th of
January should be observed all over India as the complete Independence Day. It was
for the first time celebrated on January 26, 1930 it continued to be so observed,
ever since. It was, therefore, in the fitness of things that January 26 should be
selected as the date of commencement of the new constitution. This date is
celebrated in India as the Republic day.

The objective Resolution:

⁃ on December 9, 1946 Jawaharlal Nehru moved a resolution in the
constituent Assembly, known as the objectives resolution. The opening sentence of
the resolution:”the constituent assembly declares its firm and solemn resolve to
proclaim India as an independent Sovereign republic and to draw up for her future
governance a constitution”.
The major points of the objectives Resolution are as follows:
1. It Talks about the nature of Indian polity i.e. India is an independent
Sovereign republic.
2. It talks about the basic objects or idols of the Indian republic, which
are justice, equality and a few fundamental freedoms, such as freedom of speech,
expression, faith and worship.
3. It is also concerned with safeguarding the interests of the minorities
and depressed and other backward classes.
4. Objective resolution speaks of our willingness to promote “world peace
and welfare of mankind”.
⁃ The objective resolution was examined by the drafting committee.

British constitution 1. Parliamentary form of government. 2. The

rule of law. 3. Law- making procedure. 4. The Office of the
speaker.
US constitution 1. Charter of fundamental rights.
2. Power of judicial review and independence of the judiciary.
Irish constitution 1. Directive principles of state policy.
French Constitution 1. Principles of liberty, equality and fraternity.
Canadian constitution 1. Federal system.