Meaning, importance and need of the Constitution
A cricket match on a ground has written rules, boundary lines and umpires, while a lane match may not. So the ground match runs in order. The Constitution of a country is such a rule book.
The fundamental laws, rules and provisions made for governing a country together are called the ‘Constitution’. The Constitution is the supreme source of a country’s laws.
Key idea 1 : Why do we need a Constitution? — 1. A frame of rules and order — people of many castes, religions and views live together; basic rules are needed to keep harmony. 2. Limits on government power — without a Constitution government could misuse power. 3. Protection of citizens’ rights — e.g. freedom of expression, freedom of movement. 4. Separation of powers. 5. Protection of minority interests. 6. Clarifying national goals and values; seen in the ‘Preamble’ — justice, liberty, equality and fraternity.
Key idea 2 : Three organs of power — The Constitution divides the machinery of governance into three parts. Legislature: makes laws. Executive: implements laws. Judiciary: interprets laws and gives justice. Each does its own work, so all power does not go to one.
Key idea 3 : Written and unwritten Constitution — If all rules needed to run a country are written together in one document or a set of written documents, it is a ‘written Constitution’; e.g. India, USA. If the rules were not drafted together by a Constituent Assembly at one time, it is an ‘unwritten Constitution’; e.g. Britain (United Kingdom).
- Easy : Which body makes laws? — Legislature.
- Medium : Is the Indian Constitution written or unwritten? — Written.
- Exam-type : Which type is Britain’s Constitution? — Unwritten.
In the figure: Four main reasons: rules, limits on power, protection of rights and separation of powers.
What happened before the Constitution came into force? On 24 January 1950, 284 members of the Constituent Assembly signed the handwritten copies of the Constitution. Prem Behari Narain Raizada had written the English copy by hand in italic calligraphy; he took no fee and asked only that his name appear on every page.
What happened after the Constitution came into force? On 26 January 1950 the Constitution came into force and Dr Rajendra Prasad took the oath as India’s first President; India became a republic.
Constitution = basic rules of the country; three organs = make law, implement, justice; India = written.
The three organs are separate; those who make laws do not also give justice.
Make = legislature; implement = executive; justice = judiciary. Memory clue: ‘Kaa-Am-Nyaa’ — kayda, amal, nyay.
Spot the difference
| Organ | Work |
|---|---|
| Legislature | Makes laws |
| Executive | Implements laws |
| Judiciary | Interprets laws, gives justice |
Practice questions
- 1What is the Constitution?
- 2Why is a Constitution needed? Write three reasons.
- 3Why are limits needed on government powers?
- 4State the work of the legislature, executive and judiciary.
- 5State the difference between written and unwritten constitutions.
- 6Name two countries with written constitutions.
- 7How does the Constitution protect minorities?
- 8Make five rules for your class.
Show answers (try them yourself first)
- 1The basic laws, rules and provisions made for governing a country.
- 2Frame of rules, limits on government power, protection of citizens’ rights.
- 3Otherwise government may misuse power.
- 4Legislature makes laws; executive implements; judiciary gives justice.
- 5Written — all rules written together; unwritten — not written together at one time.
- 6India and USA.
- 7By safeguarding their language, culture and educational rights; the majority cannot do injustice to them.
- 8E.g. be on time, keep silence, cleanliness, respect each other, raise hand before speaking.
Framing of the Constitution and the Constituent Assembly
India became independent on 15 August 1947 and the Constitution came into force on 26 January 1950. We celebrate both days, but the reasons are different.
The body of members chosen to make the Constitution of free India is called the ‘Constituent Assembly’. The leaders of the freedom movement said that free India would be governed by laws made by Indians themselves, not by the British.
Key idea 1 : Composition of the Constituent Assembly — When it became certain India would get independence, work on framing the Constitution began in 1946. There were 229 members elected from provincial legislatures and 70 sent by princely states, total 299. Some women were also members. Representatives were then chosen from provinces such as Bombay, Bengal and Madras.
Key idea 2 : Working of the Assembly — The first meeting of the Constituent Assembly was held on 9 December 1946. Dr. Sachchidananda Sinha became interim President and on 11 December 1946 Dr. Rajendra Prasad was elected permanent President. On 13 December 1946 Pandit Nehru presented the ‘Objectives Resolution’; the Preamble grew from it. B. N. Rau was the Assembly’s legal adviser. For convenience 22 committees were formed.
Key idea 3 : Important committees — Constituent Assembly Rules Committee — chair Dr. Rajendra Prasad. Drafting Committee — Dr. Babasaheb Ambedkar. Union Powers Committee — Pandit Jawaharlal Nehru. Fundamental Rights and Minorities Committee — Sardar Vallabhbhai Patel. The Drafting Committee was formed to prepare the draft by considering the reports of all these committees.
- Easy : How many members in the Assembly? — 229 + 70 = 299.
- Medium : When was the first meeting? — 9 December 1946.
- Exam-type : Who chaired the Fundamental Rights Committee? — Sardar Vallabhbhai Patel.
In the figure: Key years: 1946 first meeting, 1947 Drafting Committee, 1949 adopted, 1950 in force.
On 9 December 1946 at 11 a.m. the first meeting of the Constituent Assembly was held at the ‘Constitution Hall’ in New Delhi (today’s Central Hall of Parliament). Acharya Kripalani introduced Dr. Sinha, the oldest member of the Assembly, as interim President. The Muslim League had boycotted the meeting. From that day began work that lasted nearly three years.
229 + 70 = 299; first meeting 9 Dec 1946; permanent President Rajendra Prasad; 22 committees.
Interim President was Dr. Sinha and permanent President Dr. Rajendra Prasad — different persons; Drafting Committee chair was Dr. Ambedkar.
Assembly: 299 members; 9/12/1946; President Prasad. Memory clue: ‘229 + 70 = 299’ — princely states 70.
Spot the difference
| Committee | Chair |
|---|---|
| Rules Committee | Dr. Rajendra Prasad |
| Drafting Committee | Dr. Babasaheb Ambedkar |
| Union Powers Committee | Pt. Jawaharlal Nehru |
| Fundamental Rights Committee | Sardar Vallabhbhai Patel |
Practice questions
- 1What is the Constituent Assembly?
- 2How many and which members were in the Constituent Assembly?
- 3When was the first meeting of the Constituent Assembly held?
- 4Who were the interim and permanent Presidents?
- 5Who presented the Objectives Resolution and when?
- 6What was the role of B. N. Rau?
- 7Name four important committees and their chairs.
- 8Write in your words the difference between Independence Day and Republic Day.
Show answers (try them yourself first)
- 1The body of members appointed to make the Constitution of free India.
- 2299 — 229 from provinces and 70 from princely states.
- 39 December 1946.
- 4Interim — Dr. Sachchidananda Sinha; permanent — Dr. Rajendra Prasad.
- 5Pt. Nehru on 13 December 1946; the Preamble grew from it.
- 6He was the Assembly’s legal adviser.
- 7Rules — Rajendra Prasad; Drafting — Ambedkar; Union Powers — Nehru; Fundamental Rights — Patel.
- 815 August — day of getting independence; 26 January — day the Constitution came into force.
The Drafting Committee and Dr. Ambedkar
In exam study we collect notes of all subjects and make one complete note. The Drafting Committee made the complete draft of the Constitution from the reports of all committees.
The Drafting Committee was the most important committee in making the Constitution. It was formed on 29 August 1947 and Dr. Babasaheb Ambedkar was its chairman. For his unmatched contribution he is called the ‘Architect of the Indian Constitution’.
Key idea 1 : Work and members of the Drafting Committee — The committee had seven members including the chairman: Dr. B. R. Ambedkar (chairman), N. Gopalaswami Ayyangar, Alladi Krishnaswami Ayyar, Dr. K. M. Munshi, Mohammed Saadulla, B. L. Mitter (later K. N. Madhava Rao) and D. P. Khaitan (after his death T. T. Krishnamachari). The committee studied reports of various committees and prepared the exact draft. It was adopted by the Assembly on 26 November 1949.
Key idea 2 : Dr. Ambedkar’s contribution — Dr. Ambedkar made a comparative study of the constitutions of many countries and, after deep study of all committee reports, presented the draft before the Assembly. Every provision was discussed at length; he competently answered members’ questions and doubts. He put the suggested amendments into the draft and finalised it. The draft was published in February 1948 and discussed.
Key idea 3 : Important dates and facts — The Assembly’s proceedings lasted 2 years 11 months 18 days (9 December 1946 to 25 November 1949). 53,000 people watched the proceedings directly from the visitors’ gallery. The Constitution was adopted on 26 November 1949, so this is ‘Constitution Day’. On 24 January 1950 members signed copies and on 26 January 1950 it came into force, so this is ‘Republic Day’. The original Constitution had a Preamble, 22 Parts, 395 Articles and 8 Schedules. After that the Assembly worked as the interim Parliament until the first general elections of 1952.
- Easy : When was the Drafting Committee formed? — 29 August 1947.
- Medium : Which is Constitution Day? — 26 November.
- Exam-type : How long from 26 November 1949 to 26 January 1950? — 2 months.
In the figure: Committee reports → Drafting Committee → adoption → implementation.
On 24 January 1950 the last meeting of the Constituent Assembly was held and members signed two copies of the Constitution — one English and one Hindi handwritten copy. The English copy was handwritten by Prem Behari Narain Raizada and the Hindi copy by Vasant Krishna Vaidya; Acharya Nandalal Bose decorated it. On the same day the Assembly elected Dr. Rajendra Prasad as India’s first President.
In the Lahore session of December 1929 the Congress demanded ‘Purna Swaraj’ and 26 January 1930 was celebrated across the country for the first time as ‘Independence Day’. To keep alive the memory of that historic day the Constitution was brought into force on 26 January 1950; that is why this day is ‘Republic Day’.
Ambedkar = Drafting Committee chair, architect; 395 articles, 22 parts, 8 schedules; 26 Nov = Constitution Day; 26 Jan = Republic Day.
Adopted on 26 November 1949 and came into force on 26 January 1950; two different dates.
Adopted = 26 Nov (Constitution Day); in force = 26 Jan (Republic Day). Memory clue: ‘November accepts, January acts’.
Spot the difference
| Date | Event |
|---|---|
| 9 Dec 1946 | First meeting of the Assembly |
| 29 Aug 1947 | Drafting Committee formed |
| 26 Nov 1949 | Constitution adopted — Constitution Day |
| 26 Jan 1950 | Constitution in force — Republic Day |
Practice questions
- 1When was the Drafting Committee formed and who was its chairman?
- 2What was the work of the Drafting Committee?
- 3Why is Dr. Ambedkar called the ‘Architect of the Constitution’?
- 4On which dates and why are Constitution Day and Republic Day?
- 5How many parts, articles and schedules were in the original Constitution?
- 6For how long did the Constituent Assembly work?
- 7Why was 26 January 1950 itself chosen?
- 8Write in five steps how you would hold a class monitor election.
Show answers (try them yourself first)
- 129 August 1947; Dr. Babasaheb Ambedkar.
- 2Preparing the draft Constitution by studying reports of all committees.
- 3He made a comparative study and the draft, answered questions in debate and finalised the draft with amendments.
- 426 November — adopted; 26 January — came into force.
- 522 parts, 395 articles and 8 schedules.
- 62 years 11 months 18 days.
- 7To keep alive the memory of the first ‘Independence Day’ of 1930.
- 8E.g. nominating candidates, campaign, voting, counting, result.