0

1

A PREMIER INSTITUTE OF CIVIL SEVICES

UPSC / MPPSC (Pre)

INDIAN

CONSTITUTION

By- C.M. MISHRA

Rudra’s IAS

2

The Constitution of India

The Constitution of India is the supreme law of India. It lays down the framework defining

fundamental political principles, establishes the structure, procedures, powers and duties of

government institutions and sets out fundamental rights, directive principles and the duties of citizens.

It is longest written constitution of any sovereign country in the world. It imparts constitutional

supremacy and not parliamentary supremacy, as it is not created by the Parliament but, by a

constituent assembly, and adopted by its people, with a declaration in its preamble. It was adopted by

the Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950.

Constitutional Development in India from 1773 to 1935

It was series of events which lead to the development of the constitution of India, the words largest

written constitution. India has been a diverse country in respect of culture, people, and geographic

terrain. So, was a challenging task for the makers of the constitution to form a supreme rule book

according to which this rich diversified country can be effetely governed. Here below are series of

Acts, Regulation and Declaration which gave shape to the Indian Constitution.

Regulating Act of 1773

The Regulating Act of 1773 was first act of British Parliament to exercise indirect control over the

affairs of East India Company's rule in India. By 1773, the East India Company was in deep financial

trouble. The East India Company owed money to both the Bank of England and the Government.

The Company was important to Britain because it was a monopoly company in India and in the east

and many influential people were its shareholders. The Company failed to pay its dues to Government

to maintain its monopoly. On the other hand the officials of East India Company were getting richer

by their private trade and by receiving gifts/bribes at the cost of the company. Having observed these

things, Prime Minister Lord North decided to overhaul the management of the East India Company

with the Regulating Act.

1) A Court of Directors was created at London to oversee the affairs of East India Company in India.

2) The Governor of Bengal (Fort William) was given statue of Governor General of Bengal. Warren

Hastings became first Governor-General of Bengal.

3) Governors of Madras and Bombay presidencies were brought under the control of Governor

General of Bengal.

4) The institution of Governor General-in-council was created with Governor General as head and

four other members to carry out Legislative and Executive functions. Lt. General John Clavering,

3

George Monson, Richard Barwell and Philip Francis were the four members of the governor

general’s council.

5) A Supreme Court of Calcutta was provided with one chief justice and three other judges. It was

constituted in 1774 with Sir Elijah Imphey as chief justice.

6) It prohibited the servants of company from engaging in any private trade or accepting gifts or

bribes from the natives.

7) Duel system was abolished.

Duel system

The Dual was a form of administration instituted by Robert Clive. According to this system, the

company had Diwani rights (obtained after the Battle of Buxar) in Bengal and the Nawab had

Nizamat rights (judicial and policing rights) as secured from the Mughal Emperor.

Pitt's India Act 1784

This was an Act of the Parliament of Great Britain intended to address the shortcomings of

the Regulating Act of 1773. The supervisory role of British Parliament on the affairs of the East India

Company failed to control the nepotism and Corruption. In order to exercise direct control rather than

having regulated role, the new Act was necessitated whereby Government can take a more active role

in the affairs of the Company.

1) It brought the affairs of East India Company in India under the control of the British Government.

2) A Board of Control was created at London with six members, two of whom were members of the

British Cabinet and the remaining from the Privy Council. The Board also had a president, who

soon effectively became the minister for the affairs of the East India Company.

3) The Board was given powers to superintend, direct and control the government of the Company's

possessions in effect controlling the acts and operations relating to the civil, military and revenues

of the Company.

4) The membership in Governor General-in- council was reduced to three members (1+ 3), and the

governor-general, a crown appointee, was authorized to veto the majority decisions.

5) Governing Councils were established at Madras and Bombay presidencies. The governors of

Madras and Bombay were clearly subordinated to the Governor General. The governor-general

was given greater powers in matters of war, revenue and diplomacy.

4

Privy Council

Privy Council is a formal body of advisers to the crown of United Kingdom. Its membership mainly

comprises senior politicians, who are current or former members of either the House of Commons or

the House of Lords.

The Charter Act of 1793

The East I1ndia Company Act 1793, also known as the Charter Act of 1793, was an Act of

the Parliament of Great Britain which renewed the charter issued to the British East India Company,

and continued the Company's rule in India.

1) The Company's trade monopoly was continued for a further 20 years.

2) Salaries for the staff and paid members of the Board of Control were also now charged to the

Company.

3) The Governor-General was granted extensive powers over the subordinate presidencies. The

Governor-General's power of over-ruling his council was affirmed, and extended over the

Governors of the subordinate presidencies.

The Charter Act of 1813

1) It ended Company's commercial monopoly in India, except tea and trade of opium with china.

2) It made compulsory training for all civil servants.

3) It allotted Rs. One lakh to promote education in India.

4) Christian missionaries were allowed to come to British India and preach their religion.

The Charter Act of 1833

1) It made the Governor-General of Bengal as the Governor-General of India. Lord William

Bentinzck (1828 to 1835) became the first Governor-General of India.

2) It Centralized the Legislature with the Governor General-in-council and thereby laws passed by

the Central Council in Calcutta would have automatic application for Madras and Bombay

provinces.

3) For the first time, a provision was made for the appointment of a law member to the Governor

General-in-council who would attend the council meetings as a matter of right (only) when the

legislative functions are performed. Lord Macaulay became the first law member.

4) When executive functions are performed Governor General-in-council had 1+3 and for

legislative functions Governor General-in-council had 1+3+1 combination.

5

5) It ended the activities of the Company as a commercial body and became a purely administrative

body. It ended the monopoly of East India Company on all trade items including tea and opium.

The Charter Act of 1853

1) The number of the members of the courts of Directors was reduced from 24 to 18, out of which 6

were to be nominated by the Crown. Court of Directors was given power to constitute a new

presidency and also to alter and regulate from time to time the limits of the various provinces.

2) For the first time Written Competitive Exams were held for Government jobs, but it was not free

for all. Only those candidates who were nominated by Governor General could apply for exam.

3) The Governor General of India was relieved from the additional responsibility of being the

Governor of Bengal. A Lt. Governor of Bengal was appointed for administering Bengal. Lord

Dalhousie (1848 to 1856) became first Governor General without additional responsibility.

4) The Act of 1853 marked the beginning of a Parliamentary system in India. The law member was

made permanent member of the executive council of Governor General. Six additional members

were summed in the executive council of Governor General during law making.

5) 6 additional members- The Chief Justice and a Judge of Supreme court of Calcutta and 4 civil

servants representing four provinces-Bengal, Madras, Bombay and North Western Provinces. For

the first time, legislature was given powers to frame its own rules of procedure.

6) Further, Commander-in-chief was also given the membership of executive council of Governor

General and thereby took the members in executive council of Governor General to 12

(1+4+6+1).

7) The members can ask questions, policy of the Executive Council can be discussed.

The Government of India Act 1858

The Government of India Act 1858 was an Act of the Parliament of the United Kingdom passed on 2

August 1858. Its provisions called for the liquidation of the British East India Company (who had up

to this point been ruling British India under the auspices of Parliament) and the transference of its

functions to the British Crown. Lord Palmerston, then-Prime Minister of the United Kingdom,

introduced a bill for the transfer of control of the Government of India from the East India Company

to the Crown, referring to the grave defects in the existing system of the government of India.

However, before this bill was to be passed, Palmerston was forced to resign on another issue. Later

Edward Henry Stanley, 15th Earl of Derby (who would later become the first Secretary of State for

India) introduced another bill which was originally titled as An Act for the Better Government of

6

India and it was passed on 2 August 1858. This act provided that India was to be governed directly

and in the name of the Crown.

1) It abolished the Court of Directors and Board of Control. Secretary of State received the powers

and duties of the Company's Court of Directors. Thus, the system of double government

introduced by the Pitt’s India Act of 1784 was abolished.

2) A council of fifteen members was appointed to assist the Secretary of State for India. The council

became an advisory body in Indian affairs. For all the communications between Britain and India,

the Secretary of State became the real channel.

3) The Secretary of State for India was empowered to send some secret despatches to India directly

without consulting the Council. He was also authorised to constitute special committees of his

Council.

4) The Crown was empowered to appoint a Governor-General and the Governors of the Presidencies.

5) An Indian Civil Service was to be created under the control of the Secretary of State. Hereto all

the property and other assets of the East India Company were transferred to the Crown.

6) The Crown also assumed the responsibilities of the Company as they related to treaties, contracts,

and so forth. The Act ushered in a new period of Indian history, bringing about the end of

Company rule in India.

7) The era of the new British Raj would last until Partition of India in August 1947, at which time all

of the territory of the British Raj was granted dominion status within the Dominion of Pakistan

and the Union of India.

The Indian Councils Act 1861

After the War of Independence, Sir Syed Ahmed Khan advised the British Government to take Indian

nationals into the administration of India. He argued in his pamphlet The Causes of the Indian Revolt

that the failure of the British to admit Indians into the Legislative Council, prevented them from

having any say in government policies that touched them directly and was the major cause behind the

revolt.

1) The Indian Councils Act 1861 transformed India's executive council to function as a cabinet run

on the portfolio system. This cabinet had six ordinary members, who each took charge of a

separate department in Calcutta's government: home, revenue, military, law, finance, and (after

1874) public works.

2) The military Commander-in-Chief sat in with the council as an extraordinary member.

7

3) The Executive Council was enlarged by addition of fifth member.

4) The Viceroy was allowed, under the provisions of the Act, to overrule the council on affairs if he

deemed it necessary.

5) The Viceroy was allowed to issue ordinances lasting six months if the Legislative Council is not

in session in an emergency.

6) The 1861 Act restored the legislative powers of Bombay and Madras Presidencies taken away by

the Charter Act of 1833.

7) The legislative council at Calcutta was given extensive authority to pass laws for British India as a

whole, but the legislative councils at Bombay and Madras were given the power to make laws for

the Peace and good Government for only their respective presidencies.

8) The Governor General was given the power to create new provinces for legislative purposes and

could appoint Lieutenant Governors for the provinces.

9) However, from India's point of view, the act did little to improve the influence of Indians in the

legislative council. The role of council was limited to advice, and no financial discussion could

take place.

The Indian Councils Act 1892

The Indian Councils Act 1892 introduced various amendments to the composition and function of

legislative councils.

1. Most notably, the act entailed provisions on the number of additional members to be represented

in the central and provincial councils.

2. Here we have to know about additional members and non official members. Additional

members are the members in council of Governor General other than executive council.

Additional Members participated in the meetings of the council only when the council used to

make laws. Non official members were members other than civil and millitory cervice of the

Crown.

3. It increased the number of additional members in the Legislative Councils and enlarged their

functions. The number of additional members of the Central Legislative Council was increased

to minimum 10 and maximum 16.

4. Half of these members were supposed to be non-official i.e. persons not in the Civil or Military

Service of the Government. In the case of Bombay and Madras it was increased to not less than

8 and not more than 20.

8

5. Although the Act introduced a kind of elective principle, but it was the Governor-General who

was empowered to invite different bodies in India to elect, select or delegate their

representatives as non-official members in the Central Legislative Council. Apart from the

Provinces one member was appointed on the recommendation of the Calcutta Chamber of

Commerce. In 1892, the council consisted of 24 members, only five members were Indians.

6. Central Legislative Council was to consist of 9 ex-officio members (1 Governor-General+ 6

members of the Executive Council + 1 Commander-in-Chief + 1head of the province in which

the Council met) + 6 official Additional Members + 10 non-official members of the Legislative

Councils of Bengal, Bombay, Madras and the North Western province.

7. Gopal Krishna Gokhale, Rashbehari Ghosh, Asutosh Mukerjee, and Surendranath Banerjee

became member of Central Council.

8. The official members together with the ex-officio members constituted an official majority.

9. Similar changes were introduced in the composition of provincial Legislative Councils. In all the

provinces an official majority was maintained.

10. Whilst the Central Legislative Council was expanded to include between 10 and 16 Additional

Members, specifics in provinces varied: Bombay came to have 8 Additional Members; Madras

20; Bengal 20; North Western Province and Oudh 15.

11. The universities, district board, municipalities, zamindars and chambers of commerce were

empowered to recommend members to provincial councils.

12. The Act of 1892 also provided for discussion of legislative proposals including Budget.

Although Financial Statement was presented by the Government as an unalterable document, the

Act however, provided for discussion by the members on Annual Financial Statement.

13. The Indian Council Act of 1892 gave the Indians an opportunity to participate in the legislative

process and understand the rules and procedures associated with the same.

The Indian Councils Act 1909

1. The Indian Councils Act 1909 commonly known as the Morley-Minto Reforms. John Morley

was the Liberal Secretary of State for India, and The Earl of Minto was the

Conservative Governor-General of India.

2. The size of the Legislature both at Central and provinces was enlarged. The number of the

members of the Central Legislative Council was increased from 16 to 60.

3. It was fixed as 50 in the provinces of Bengal, Madras and Bombay, and for the rest of the

provinces it was 30.

9

4. The members of the Legislative Councils, both at the Center and in the provinces, were to be of

four categories i.e. ex-officio members (Governor General and the members of their Executive

Councils), nominated official members (those nominated by the Governor General and were

government officials), nominated non-official members (nominated by the Governor General but

were not government officials) and elected members (elected by different categories of Indian

people).

5. First time the concept of election was introduced. The mode of election was indirect. The local

bodies were to elect an electoral college which would elect the members of Provincial

Legislature which in turn had to elect members for the Central Legislature.

6. The members of the Legislative Councils were permitted to discuss the budgets, suggest the

amendments and even to vote separate items in the budget, but the budget as a whole could not

be voted up.

7. The most controversial provision in the act was separate communal electorate was given to the

Muslims. Only Muslims would vote for the Muslim candidates. The qualification of electorate

based on income, property and education differed from community to community and region to

region.

8. A provision for appointment of an Indian to Viceroy’s executive council was made for the first

time. Lord Satyendra Prasad Sinha became the first Indian appointed to the viceroy’s executive

council and he was given law portfolio.

9. Two Indians- Sir Krishna Govinda Gupta and Nawab Syed Hussain Bilgrami were nominated to

the Council of the Secretary of State for Indian Affairs. They were appointed by Lord Morley in

1907. Bilgrami retired early in 1910 owing to ill-health and his place was taken by Mirza Abbas

Ali Beg. Other members included P. Rajagopalachari (1923-1925), Mali Khizar Hayat

Tiwana (1924-1934) and Sir Abdul Qadir.

Satyendra Prasanna Sinha

Satyendra Prasanna Sinha, (24 March 1863 – 4 March 1928) was a prominent lawyer and statesman in

British India. He was the first Governor of Bihar and Orissa, first Indian Advocate-General of Bengal, first

Indian to become a member of the Viceroy's executive Council, the first Asian to become a member of the

British House of Lord and the first Indian to become a member of the British ministry. He is sometimes also

referred as Satyendra Prasanno Sinha or Satyendra Prasad Sinha.

10

The Government of India Act 1919

Lord Montagu, the Secretary of State announced in the House of Commons on 20th August 1917 that

the goal of constitutional advance in India to be the gradual development of self - governing

institutions with a view to the progressive realization of responsible government as an integral part of

British Empire. It was called Montagu statement or August Statement. The Montagu–Chelmsford

Report in 1918 has laid down a fourfold formula to implement the policy in first stage.

Provincial Government:

1. There are two sets of governments- Executive Councilors (Non-accountable) and Popular

ministers (accountable to Legislature). Governor was the head of the province.

2. The legislative subjects were divided into two lists- reserved list and transferred list. The reserved

list contains subjects such as Law and Order, Finance, Land Revenue, Irrigation etc and was

administered by the Governor with the help of his Executive Councilors. The transferred list

contains subjects such as education, Health, Local Governments, Public works, excise, Industries,

weights and measures etc. and was administered by the Ministers nominated by the Governor

from the elected representatives of the legislative council.

3. The ministers were to be responsible to the Legislature and had to resign if no-confidence motion

was passed by the Legislature against them. But the Executive councilors were not responsible to

the legislature.

4. In case of failure of constitutional machinery in the province, the Governor can take over the

administration of transferred subjects also. Further, all the ministers held power during the

pleasure of the Governor.

5. The secretary of state and Viceroy could interfere in respect of Reserved subjects while their

scope of interference was limited in the transferred subjects.

Provincial Legislature:

1. Provincial legislative councils were expanded- 70% of the members were to be elected; 20%

members were to be nominated officials and 10% were to be nominated non-officials.

2. The election was direct, the primary voters electing the members.

3. The legislative council could initiate legislation but Governors assent was required. He could veto

on bills and issue ordinances.

11

4. The legislatures enjoyed the freedom of speech, right to move resolutions, ask primary and

supplementary questions. The members could reject the budget, though the Governor could

restore it if necessary.

5. The budget was divided into two parts-70% of the items are non-votable. In the remaining 30%

votable budget items, the demand for wants can be rejected by the house, but the Governor had

power to restore them by certifying that they were essential for the discharge of his duties.

Central Executive

1. No responsible government in central. The number of Indians in the Viceroy’s executive

council was raised to 8.

2. There were two lists for administration-Central and Provincial. Those subjects of National

importance or subjects’ belonged to more than one province were central subjects. E.g. Defense,

Foreign affairs, Posts and Telegraphs and communications, etc. The provincial subjects were

Public Health, Local self -governments, Education, Law and Order, Agriculture, etc. Any subject

that was not specially transferred to the provinces was also central subject.

3. The Governor General retained full control over reserved subjects in the provinces

4. He could restore cuts in grants; certify bills rejected by the Central Legislature and issue

ordinances.

Central Legislature

The legislators could ask questions and supplementary questions, pass adjournments motions and vote

a part of the budget (30%), but 70% of the budget was still non-votable.

12

GOVERNMENT OF INDIA ACT 1935

It was the last constitutional reform of the England, introduced on the basis of white paper 1933 and

came to effect from April 1, 1937.

Proposed all India Federation

It was to comprise all British Indian provinces, all Chief Commissioner’s provinces and Indian

Princely States.

Federal Executive

Diarchy was introduced for Federal Executive. The reserved subjects – Defence, External Affairs,

Ecclesiastical (religious) affairs and administration of Tribal areas were administered by Governor

General with the help of not more than 3 Councilors appointed by him. The other Federal or

transferred subjects were administered by him with assistance and advice of ministers elected by

Legislature. These ministers were to be responsible to the Federal Legislature.

The Federal Legislature

1. The council of states was to be 260 member house, partly directly elected by British Indian

Provinces 156 and nominated by Princely States 104.

2. The Federal Assembly was to be 375 member house, partly indirectly elected by British India

provinces and partly (1/3rd) nominated by princely states / princes. This provision of direct

election to upper chamber and indirect to Federal Assembly was deviation of general practice in

vogue.

3. Council of States has to be a permanent body with 1/3rd members retiring every third

year. Duration of Federal Assembly was 5 years.

4. There were 3 lists for legislative purpose -Federal, provincial and con-current; the Federal

Legislature had power to make laws for while India or a part thereof; provincial legislature for

province or part there of and both could legislate on concurrent list.

13

5. Members of Federal Assembly could move vote of no-confidence against Ministers; but council of

states could not move vote of no-confidence. Residuary powers rest with Governor-General. He

could restore cuts in grants; certify bill rejected by Legislature; issue ordinances and exercise veto.

Provincial autonomy

Provincial autonomy replaced diarchy – complete responsible government elected by people was

introduced. Provinces are freed from ‘the superintendence, direction’ of the Secretary of State and

Governor-General. Provinces henceforth derived their legal authority directly from the British

Crown. Provinces were given independent financial powers and resources. They could borrow

money on their own security.

Provincial Executive

Governor was declared representative of Crown and was authorized to exercise his executive powers

on the behalf of King. His position was largely modeled on that of Governor-General.

Legislature:

1. All members to be directly elected by franchise, women got equal political rights as men. All

provincial subjects are administered by a council of ministers, headed by a responsible Chief

Minister and council of ministry.

2. Provincial legislature could legislate on subjects of provincial and concurrent list.

3. Governor had powers to refuse assent to a bill, promulgate ordinances and enact Government

Acts.

4. The electoral provisions of the Act were governed by communal award of British Government as

modified by Poona pact with regard to Scheduled Casts. It made provision for separate communal

electorate for Muslims, European, Anglo-Indian, Indian Christian, Parsee and Sikhs with a

reservation of seats for Scheduled Castes in the General electorate.

Indian independence Act of 1947

It was based on the famous Mountbatten Plan (3rd June, 1947). Parliament approved it on 5 July 1947.

The Act relieved the assent of the crown on 18 July, 1947 and be became effective on 15 August,

1947.

1. Two Dominion States, India and Pakistan came into existence on 15 August, 1947.

2. The boundaries between the two Dominion States were to be determined by a

boundary Commission headed by Sir Cyril Radcliff.

3. Both the states had the right to frame their Constitutions by their respective

Constituent Assemblies. They also had the right to leave the British Common wealth.

14

4. Till the new Constitutions were not effective, the governments in the two states would be run

on the basis of Provisions of the Government of India Act 1935.

5. The British Crown ceased to be ruler of India.

6. The members of the civil services appointed before 15 August, 1947 continued to remain in service

and to enjoy all benefits, which they were entitled to avail so far.

Composition of Constituent Assembly

1. An idea for a Constituent Assembly of India was proposed in 1934 by M. N. Roy. It became an

official demand of the Indian National Congress in 1935.

2. C. Rajagopalachari voiced the demand for a constituent Assembly on 15th November 1939 based

on adult franchise, and was accepted by the British in August 1940.

3. Under the Cabinet Mission Plan of 1946, elections were held for the first time for the Constituent

Assembly. It was implemented under the Cabinet Mission Plan on 16 May 1946.

4. The total membership of the Constituent Assembly was 389 out of which 292 were representatives

of the British proviences; they were elected by the members of provincial assemblies by a single,

transferable-vote system of proportional representation. 93 represented the princely states and 4

were from the chief commissioner provinces of Delhi, Ajmer-Marwar, Coorg (Karnataka) and

British Baluchistan.

5. The elections for the 296 seats assigned to the British Indian provinces were completed by August

1946. Congress won 208 seats, and the Muslim League 73. After this election, the Muslim League

refused to cooperate with the Congress, and the political situation deteriorated.

6. The Constituent Assembly (elected for an undivided India) met for the first time on 9 December

1946, with attendance of total 211 members.

7. Dr. Sachchidanand Sinha, the oldest member, was elected as the temporary President of the

Assembly, following the French practice.

8. Later on 11 December, 1946, Dr. Rajendra Prasad and Harendra Coomar Mookerjee were elected

as the president and vice-president of the Assembly respectively.

9. Sir B N Rau was appointed as the Constitutional advisor to the Assembly.

10. On 3 June 1947 partition of India was announced by Governor General Lord Mountbatten.

11. The Indian Independence Act was passed on 18 July 1947.

12. India got independence on 15 August 1947.

15

13. As a result of the partition, under the Mountbatten plan a separate constituent assembly was

established in Pakistan. The representatives of the areas incorporated into Pakistan ceased to be

members of the Constituent Assembly of India.

14. New elections were held for the West Punjab and East Bengal (which became part of Pakistan,

although East Bengal later seceded to become Bangladesh).

15. The membership of the Constituent Assembly was 299 after the reorganization, and it met on 31

December 1947 out of which 229 members were from provinces and 70 from princely states.

16. The Drafting Committee was appointed on 29 August 1947, with Dr. B.R. Ambedkar as

the Chairman. It was adopted by the Government of India on the 26th of November, 1949. On that

day 284 members were attended meeting.

17. The Constituent Assembly took 2 years 11 months and 18 days to prepare the largest written

constitution in the World. The original Constitution consisted of 22 parts, 8 schedules and 395

articles.

18. It was enforced by the Government of India on the 26th of January, 1950.

19. Last meeting of assembly was held on 24 January 1950, on this day assembly elected Dr. Rajenra

Prasad as president of India and assembly was destroyed as constitution making body.

20. From 15 August 1947 to 15 April 1952 assembly served also as Parliament of India. When it used

to act like a Constituent Assembly it was chaired by Dr.Rajenra Prasad and when it used to act like

a parliament it was chaired by G V Mavlankar and when it used to act like a Constituent Assembly

it was chaired by Dr. Rajenra Prasad.

The Constituent Assembly worked in three phases:

I Phase 9 December 1946 to 15 August 1947 (Assembly worked only as constituent

assembly )

II Phase 15 August 1947 to 24 January 1950 (Assembly worked as a constituent assembly

and parliament too.)

III Phase 24 January 1949 to 15 April 1952 (Only parliament)

Articles came into force on 26 November 1949 – 5, 6, 7, 8, 9, 60, 324, 366, 367, 372, 380, 391, 392, 393

Articles came into force on 26 January 1950 – Rest of

16

Drafting Committee

On 29th August 1947, the Constituent Assembly through a resolution appointed a Drafting

Committee. The Drafting Committee had seven members: Alladi Krishnaswami Ayyar, N.

Gopalaswami; B.R. Ambedkar, K.M Munshi, Mohammad Saadulla, B.L. Mitter and D.P. Khaitan. At

its first meeting on 30th August 1947, the Drafting Committee elected B.R Ambedkar as its

Chairman. Towards the end of October 1947, the Drafting Committee began to scrutinise the Draft

Constitution prepared by the B.N Rau, the Constitutional Advisor. It made various changes and

submitted the Draft of Constitution to the President of the Constituent Assembly on 21st February

1948. The Drafting Committee and its members were very influential. Majority of the debates in

Constituent Assembly revolved around the Draft Constitution prepared by the Drafting Committee.

Out of 165 sitting of the Constituent Assembly, 114 were spent debating the Draft Constitution.

Kanaiyalal Maneklal Munshi Ex- Home Minister, Bombay

Alladi Krishnaswamy Iyer Ex- Advocate General, Madras State

N Gopalaswami Ayengar Ex-Prime Minister, J and K and later member of Nehru

Cabinet

B L Mitter Ex-Advocate General, India

Md. Saadullah Ex- Chief Minister of Assam, Muslim League member

D P Khaitan Scion of Khaitan Business family and a renowned lawyer.

The constitutional advisor was Sir Benegal Narsing Rau (who became First Indian Judge in

International Court of Justice, 1950–54). Madhav Rao (Legal Advisor of Maharaja of Vadodara) was

appointed after resignation of B L Mitter. Resigned and was replaced by. T T Krishnamachari joined

committee after on death of D P Khaitan. A draft Constitution was prepared by the committee and

submitted to the Assembly on 4 November 1947, which was debated and over 2000 amendments were

moved over a period of two years.

17

Parts of Constitution

Part Subject Article

I Union and its Territory 1 to 4

II Citizenship 5 to 11

III Fundamental Rights 12 to 35

IV Directive Principles of State Policy 36 to 51

IVA Fundamental Duties 51 A

V Union 52 to 151

CHAPTER 1 Union Executive 52 to 78

CHAPTER 2 Union Legislature 79 to 122

CHAPTER 3 Legislative Powers of President 123

CHAPTER 4 Supreme Court 124 to 147

CHAPTER 5 Comptroller And Auditor General 148 to 151

VI State (Originally this part was related to the

administration of states of Category A). The words in

part A of the 1st schedule omitted by 7th

Amendment

Act 1956.

152 to 237

CHAPTER 1 General 152

CHAPTER 2 State Executive 153 to 167

CHAPTER 3 State Legislature 168 to 212

CHAPTER 4 Legislative Powers of President 213

CHAPTER 5 High Court 214 to 231

CHAPTER 6 Subordinate Courts 233 to 237

VII

Vacant (Originally this part was related to the

administration of states of Category B). The words in

part B of the 1st schedule omitted by 7th

Amendment

Act 1956.

238

VIII THE UNION TERRITORIES inserted by 7th

Amendment Act 1956. (Originally this part was

related to the administration of states of Category C)

239 243

18

IX THE PANCHYATS (Originally this part was related

to the administration of states of Category D). By the

73rd

Amendment Act 1992. Original Part IX was

omitted 7th

Amendment Act 1956.

243 to 243 ZG

IX A The Municipalities (Inserted by 74th

Amendment Act

1992).

243 ZH to 243 ZO

IXB The Co-Operative Societies (Inserted by 97th

Amendment Act 2011. (Effective from 15/2/2012).

243 ZP to 243 ZT

X The Scheduled and Tribal Areas 244 to 244 A

XI Relations Between The Union and The States 245 to 263

Chapter 1 Legislative Relations 245 to 255

Chapter 2 Administrative Relations 256 to 263

XII Finance, Property, Contracts and Suits 264 to 300 A

XIII Trade, Commerce And Intercourse Within the

Territory of India

301 to 307

XIV Services Under the Union and the States 308 to 323

XIV A Tribunals (Inserted by 42th Amendment Act 1976.

(Effective from 3/1/1977).

323 A to 323 B

XV Elections 324 to 329 A

XVI Special Provisions Relating to Certain Classes 330 to 342

XVII Official Language 343 to 351

XVIII Emergency Provisions 352 to 360

XIX Miscellaneous 361 to 367

XX Amendment of The Constitution 368

XXI Temporary, Transitional And Special Provisions 369 392

XXII Short Title, Commencement, Authoritative Text in

Hindi and Repeals

393 TO 395

19

Indian Constitution had originally eight schedules. The 9th schedule was added via First Amendment

Act 1951, while 10th Schedule was first added by 35th

Amendment (Sikkim as Associate State). Once

Sikkim became a state of India, the 10 Schedule was repealed but later added once again by 52th

Amendment Act, 1985 in context with the Anti-defection law. 11th

and 12th

schedule were added in

1993 through 73 and 74th

amendments. Here is a brief description of the schedules of Indian

Constitution:

First Schedules of constitution

Names and territorial extent of 29 States and 7 Union Territories of the Indian Union

Second Schedules of constitution

Emoluments, allowances and privileges of

President of India State Governors,

Speaker of the Lok Sabha Speaker of State Legislative Assembly

Deputy Speaker of the Lok Sabha Deputy Speaker of State Legislative Assembly

Chairman of Rajya Sabha Chairman of State Legislative Council

Deputy Chairman of Rajya Sabha Deputy Chairman of State Legislative Council

Judges of Supreme Court Judges of State high courts

Comptroller and Auditor-General of India

Third Schedules of constitution

Forms of oaths or affirmations to be made by the

Union ministers State ministers

Candidates for election to Parliament Candidates for election to state legislatures.

Members of Parliament Members of state legislatures

Judges of Supreme Court Judges of state high courts

Comptroller and Auditor-General of India

Schedules of Constitution

20

Fourth Schedules of constitution

Number of seats allotted to various states and union territories in the Rajya Sabha

Allocation of seats in states and union territories

States and UT Rajya

Sabha Seats

Lok Sabha

Seats

Vidhan

Sabha Seats

Nominated Seats

Andhra Pradesh 11 25 175 1 Anglo Indian

Arunachal Pradesh 1 2 60 0

Assam 7 14 126 0

Bihar 16 40 243 1 Anglo Indian

Chhattisgarh 5 11 90 1 Anglo Indian

Goa 1 2 40 0

Gujarat 11 26 182 1 Anglo Indian

Haryana 5 10 90 0

Himachal Pradesh 3 4 68 0

Jharkhand 6 14 81 1 Anglo Indian

Karnataka 12 28 224 1 Anglo Indian

Kerala 9 20 140 1 Anglo Indian

Madhya Pradesh 11 29 230 1 Anglo Indian

Maharashtra 19 48 288 1 Anglo Indian

Manipur 1 2 60

Meghalaya 1 2 60

Mizoram 1 1 40

Nagaland 1 1 60

Orissa 10 21 147

Punjab 7 13 117

Rajasthan 10 25 200

Sikkim 1 1 32

Tamil Nadu 18 39 234 1 Anglo Indian

Telangana 7 17 119 1 Anglo Indian