1. Introduction #
The Constitution of India is the culmination of a long historical process marked by gradual constitutional development during British rule and the nationalist demand for self-governance. The framing of the Constitution was neither a sudden event nor an isolated political act—it was the outcome of sustained movements, administrative experiments, and constitutional reforms spanning nearly a century.
2. Evolution of Constitutional Development in British India #
(a) Charter Acts (1833–1853) #
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The Charter Acts gradually introduced the idea of centralised administration and legislative power.
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The Charter Act of 1833 created a Central Legislature, marking the beginning of India’s legislative process.
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The Act of 1853 separated legislative and executive functions for the first time.
(b) Government of India Acts (1858–1935) #
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The Government of India Act, 1858 ended the rule of the East India Company and transferred power to the British Crown, establishing the office of the Secretary of State for India.
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The Indian Councils Act, 1861 allowed limited Indian participation in legislation.
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The Indian Councils Act, 1892 expanded legislative councils, though they remained largely advisory.
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The Morley–Minto Reforms (1909) introduced separate electorates for Muslims — the first formal constitutional recognition of communal representation.
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The Montagu–Chelmsford Reforms (1919) established dyarchy in provinces and introduced the bicameral legislature at the centre.
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Finally, the Government of India Act, 1935 laid the most comprehensive constitutional framework before Independence:
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It introduced provincial autonomy.
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Proposed an All-India Federation.
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Established the Federal Court of India (1937).
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Served as the blueprint for the future Constitution—many provisions were later adapted in 1950.
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3. The Demand for a Constituent Assembly #
The idea of a Constituent Assembly to draft India’s Constitution originated in the nationalist movement:
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M. N. Roy (1934) first proposed a Constituent Assembly elected on the basis of adult franchise.
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The Indian National Congress (1935) adopted this demand officially at its Faizpur Session (1936).
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The August Offer (1940) by the British government acknowledged the right of Indians to frame their own Constitution.
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The Cripps Mission (1942) and Cabinet Mission Plan (1946) concretized this idea.
4. Constituent Assembly of India #
(a) Composition and Election #
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Constituted under the Cabinet Mission Plan of 1946, the Assembly comprised 389 members (292 from provinces, 93 from princely states, and 4 from chief commissioner’s provinces).
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Members were indirectly elected by the provincial assemblies on the basis of communal representation.
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After Partition, the membership reduced to 299.
(b) Functioning and Leadership #
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First meeting: 9 December 1946 (Presided over by Dr. Sachidanand Sinha as Interim Chairman).
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Dr. Rajendra Prasad was elected Permanent Chairman on 11 December 1946.
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Constitution Drafting Committee was formed on 29 August 1947 under the chairmanship of Dr. B. R. Ambedkar.
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The Assembly sat for 2 years, 11 months, and 18 days, holding 11 sessions and 165 sittings.
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The final draft was adopted on 26 November 1949 and came into force on 26 January 1950, celebrated as Republic Day.
5. Objectives and Ideals #
The Assembly drew inspiration from:
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The Preamble, embodying Justice, Liberty, Equality, and Fraternity.
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The Objectives Resolution (moved by Pandit Jawaharlal Nehru on 13 December 1946), which later shaped the Preamble.
6. Judicial Recognition of the Constituent Assembly’s Role #
Case Law (FIRAC): Re: The Berubari Union (1960 AIR SC 845) #
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Facts: The question before the Supreme Court was whether Parliament could cede Indian territory to Pakistan under Article 3 or whether a constitutional amendment was required.
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Issue: Whether the Preamble could be treated as a part of the Constitution and whether it had legal enforceability.
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Rule: The Court held that the Preamble is not a source of power but a key to the minds of the framers.
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Application: By referring to the Objectives Resolution, the Court observed that the Preamble represents the will of the Constituent Assembly and its guiding philosophy.
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Conclusion: The judgment reaffirmed that the Constitution must be interpreted in light of the intentions of the Constituent Assembly, thereby recognizing its foundational role.
7. Significance #
The Constituent Assembly’s work stands as a remarkable example of consensus-building and democratic deliberation. It balanced inherited British constitutional principles with indigenous socio-political realities, producing a document that is both rigid and flexible, and capable of enduring change while upholding constitutional morality.
8. Concluding Note #
The Indian Constitution was not merely a legal text—it was a social contract, reflecting India’s civilizational ethos, diversity, and aspiration for a sovereign democratic republic. The Constituent Assembly transformed the historical struggle for freedom into a constitutional vision for justice and governance.
LEXMAP: #
Use the mnemonic “P-A-R-L-I-A” to recall the sequence of development:
P – Pitt’s India Act
A – Act of 1858
R – Reforms (Morley–Minto 1909)
L – Legislative (1919)
I – India Act (1935)
A – Assembly (1946–50)
⚡ Quick Mental Hooks #
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“📘 From Company to Crown to Constitution” — summarizes 1773 → 1858 → 1950.
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“🧭 Ambedkar Drafted, Prasad Presided, Nehru Declared” — remembers three key names.
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“🕊️ 26 November Adopted — 26 January Applied” — dates become rhythmically memorable.
Chronological Timeline: Constitutional Development in India (1773–1950) #
| Year / Period | Legislation / Event | Key Features / Constitutional Importance |
|---|---|---|
| 1773 | Regulating Act | First step towards centralised administration; established Governor-General of Bengal; created Supreme Court at Calcutta. |
| 1784 | Pitt’s India Act | Established Board of Control; dual system of governance between Company and Crown. |
| 1813–1853 | Charter Acts | Ended East India Company monopoly; opened India to British trade; introduced open competition in civil services (1853). |
| 1858 | Government of India Act | Transferred rule from East India Company to British Crown; office of Secretary of State for India created. |
| 1861 | Indian Councils Act | Introduced legislative councils and representation of Indians in governance. |
| 1892 | Indian Councils Act | Expanded legislative councils and introduced indirect elections. |
| 1909 | Indian Councils Act (Morley–Minto Reforms) | Introduced separate electorates for Muslims; first legal recognition of communal politics. |
| 1919 | Government of India Act (Montagu–Chelmsford Reforms) | Introduced dyarchy in provinces; expanded legislative councils; created bicameral legislature at the Centre. |
| 1935 | Government of India Act | Introduced provincial autonomy; proposed federation; created Federal Court (1937). Most provisions later adapted in the Indian Constitution. |
| 1934–1946 | Demand for Constituent Assembly | M. N. Roy’s proposal (1934); Congress adoption (1936); accepted in principle in August Offer (1940) and Cabinet Mission Plan (1946). |
| 1946 | Constituent Assembly formed | 389 members elected (later 299 after Partition); Drafting Committee chaired by Dr. B. R. Ambedkar. |
| 26 Nov 1949 | Constitution adopted | Constitution of India adopted and enacted by the Constituent Assembly. |
| 26 Jan 1950 | Constitution came into force | India became a Sovereign Democratic Republic — celebrated as Republic Day. |
