POA01 — Historical Background of the Indian Constitution

The Constitution was drafted by the Constituent Assembly of India, which was set up under the Cabinet Mission Plan of 1946. It first met on 9 December 1946 and adopted the Constitution on 26 November 1949.

Dr. B.R. Ambedkar was the Chairman of the Drafting Committee constituted on 29 August 1947. He is called the Father of the Indian Constitution. Dr. Rajendra Prasad was the President of the Constituent Assembly.

The Constituent Assembly adopted the Constitution on 26 November 1949, which is celebrated as Constitution Day (Samvidhan Divas). It came into force on 26 January 1950, celebrated as Republic Day.

The Government of India Act 1935 is the most important constitutional milestone. It provided for provincial autonomy, a federal structure, and many provisions were borrowed directly into the Indian Constitution. It is often called the 'mini-constitution' of British India.

The Cabinet Mission Plan of 1946 (led by Lord Pethick-Lawrence, Sir Stafford Cripps, and A.V. Alexander) recommended the formation of the Constituent Assembly. The first meeting was held on 9 December 1946.

Jawaharlal Nehru moved the Objective Resolution on 13 December 1946. It declared India a sovereign democratic republic and outlined the basic values. It was unanimously adopted on 22 January 1947 and formed the philosophical basis of the Constitution.

When India became independent and Pakistan was created, the strength of the Constituent Assembly was reduced to 299 members. Originally it had 389 members, but members from the Pakistan-designated provinces left after Partition.

The Constituent Assembly took 2 years, 11 months, and 18 days to complete the Constitution. It held 11 sessions, totalling 165 days of actual work. The Assembly first met on 9 December 1946 and adopted the Constitution on 26 November 1949.

M.N. Roy (Manabendra Nath Roy) first put forward the idea of a Constituent Assembly in 1934. The Indian National Congress formally demanded a Constituent Assembly in 1935, and this demand was conceded in principle by the British through the Cabinet Mission Plan.

The Government of India Act 1858 transferred control of Indian administration from the East India Company to the British Crown following the revolt of 1857. It abolished the Board of Control and Court of Directors, and created the post of Secretary of State for India.

The concept of Fundamental Rights in the Indian Constitution was influenced by the American Bill of Rights (first 10 amendments to the US Constitution). The concept of judicial review was also borrowed from the USA.

The Charter Act of 1833 made the Governor-General of Bengal the Governor-General of India (William Bentinck became the first such). It also ended the East India Company's commercial activities and made it a purely administrative body.

The Indian Councils Act 1909 is known as the Minto-Morley Reforms (after Viceroy Lord Minto and Secretary of State Lord Morley). It introduced separate electorates for Muslims for the first time — a significant communal development in Indian constitutional history.

The Government of India Act 1919 embodied the Montagu-Chelmsford Reforms. It introduced dyarchy in provinces (transferred subjects divided into reserved and transferred). It also set up a bicameral legislature at the Centre.

The Lahore Session of INC in December 1929, presided over by Jawaharlal Nehru, passed the Purna Swaraj (complete independence) resolution. 26 January 1930 was declared Independence Day, which later became Republic Day when the Constitution came into force on 26 January 1950.

The Cripps Mission offered dominion status after WWII and an elected Constituent Assembly, but Congress wanted immediate transfer of power. Gandhi called it a 'post-dated cheque on a failing bank.' The Mission failed to reach agreement and was abandoned.

Sir Benegal Narsing Rau was the Constitutional Advisor who prepared a preliminary draft of the Constitution. He studied constitutions of other countries and submitted notes. His draft was the basis that the Drafting Committee worked upon under Ambedkar.

The Parliamentary form of government (Cabinet system, Prime Minister as head of government, collective responsibility, nominal head President, etc.) was borrowed from the British Westminster model. India chose parliamentary system over presidential system (USA model).

The Constitution of South Africa is NOT a major source. Major sources include: GoI Act 1935 (federal structure, emergency provisions), USA (Fundamental Rights, judicial review), Ireland (DPSP, method of presidential election), Canada (federal system with strong centre), USSR (Fundamental Duties, social justice), Australia (concurrent list), UK (parliamentary government, single citizenship).

The Constituent Assembly was indirectly elected. Members were elected by the provincial legislative assemblies through proportional representation (single transferable vote). It was not elected by universal adult franchise. This is why some critics called it unrepresentative.