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Essay On Constitution Of India

The Constitution of India is a set of rules and regulations that was drafted by a committee headed by Dr. B.R Ambedkar. It contains the guidelines as per which our country is expected to function such that its political, legal, and social ecosystems stay maintained. Here are a few sample essays on “Constitution of India”.

Essay On Constitution Of India

100 Words Essay On Constitution of India

The Constitution of India is a legal document that outlines the political system's framework and the obligations, privileges, and restraints to which this country should adhere.

The Indian Constitution came into force on this date in 1950. Although Dr. Ambedkar is renowned for his significant contribution to the constitution's drafting, 299 people put a lot of effort into making it what it is today.

The Indian constitution is the lengthiest in the world. There are 25 parts, 448 articles, and 12 schedules in it. The people who wrote the constitution had to pay attention to even the most minor details because our country is vast, with many different cultures, castes, religions, and states.

200 Words Essay On Constitution of India

The Indian constitution is a document which contains the framework of our political system, the duties, rights, limitations, and structure of government that we should follow in this nation. In addition, it lays out the rights and obligations of Indian citizens. In India, nobody, not even the prime minister or the president, can violate the constitution.

Republic Day | India celebrates Republic Day on January 26 every year. This day is remembered as when the Indian Constitution became effective in 1950. Dr. Ambedkar played a significant role in drafting the constitution, but 299 others prominently contributed to its creation.

Length | The Indian constitution is the lengthiest in the world. It has 448 articles organised into 25 parts and 12 schedules. The drafting and enforcement of the constitution were democratic processes. It protects the fundamental rights of every Indian.

Provisions | The constitution divides the strengths of three governmental institutions: the executive, judiciary, and legislature. This means that the Indian Constitution advocates for a federal government. According to the Preamble, the country's unity and integrity must be safeguarded by achieving justice, liberty, and equality for all people. State governments and the central government share government powers. The constitution says India is a republic, meaning no dictator or king governs it. Individuals are the public authority. Citizens elect their leaders every five years.

500 Words Essay on The Constitution of India

The longest constitution of any sovereign state in the world, the Indian Constitution offers a comprehensive framework for governing the nation while considering its diversity in social, cultural, and religious beliefs.

Constituent Assembly

The members of the provincial assemblies chosen by the Indian people formed the Constituent Assembly of India, which drafted the constitution. Dr Sachidanand Sinha presided over the Constituent Assembly as its first president. Later, Dr Rajendra Prasad was chosen to serve as its leader.

Length Of The Constitution

The Indian Constitution is the world's longest-written constitution for any sovereign nation and is a unique document with many extraordinary features. The constitution's original text had 395 articles divided into 25 parts and 12 schedules. It became effective on January 26, 1950, and India celebrated Republic Day. Since then, 100 amendments have brought the total number of articles to 448.

Drafting Of The Constitution

The Indian Constitution, which offers a comprehensive and dynamic framework to guide and govern the country while keeping in mind its unique social, cultural, and religious diversity, is credited to Dr BR Ambedkar, chairman of its drafting committee. It creates the three main branches of government—executive, legislative, and judicial—and lays out their respective roles, responsibilities, and powers. It also governs their interactions with one another.

In the Preamble to the Constitution, India is described as a welfare state dedicated to securing justice, liberty, and equality for all citizens and fostering fraternity, the dignity of each person, and the unity and integrity of the country. The Preamble's objectives form the fundamental framework of the Indian Constitution, which cannot be changed. The Preamble's opening and closing clauses, "We, the People... adopt, enact, and give to ourselves this Constitution," indicate that the people ultimately hold the reins of power.

Fundamental Rights

The constitution grants citizens a wide range of fundamental rights. These include the following:

The right to equality

The right to freedom

The right against exploitation

The right to freedom of religion

The right to cultural and educational freedom

The right to constitutional remedies

These rights are actionable in court, and if one is violated, a person may file a petition with the Supreme Court or one of the High Courts. However, there are limitations to India's fundamental rights. It is possible to impose reasonable limitations. Fundamental duties were added to the constitution by the 42nd Amendment in 1976 to remind people that while exercising their rights as citizens, they also have obligations because rights and obligations are correlated.

Directive Principles Of State Policy

The constitution also has a chapter on the ‘Directive Principles Of State Policy’. These serve as instructions to the government on how to put them into practice to establish social and economic democracy in the country.

The fact that the constitution is a living document that can change over time through interpretation or amendment is one of its advantages. To avoid impeding the nation's and its people's progress, it is also among the most frequently amended constitutions in the world.

As a result, the success of the Indian Constitution for a nation as diverse and as complex as India continues to fascinate, astound, and incite experts worldwide.

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Essay on Indian Constitution in 100, 250, and 350 words

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Essay On Indian Constitution

The constitution of India was written and adopted by the Constituent Assembly on 26th November 1949 but it became effective on 26th January 1950. It is a set of rules and regulations that guide the administration of the country. It is the backbone of every democratic and secular fabric of the nation. The Indian Constitution is the longest in the world and describes the framework for political principles, procedures and powers of the government. This is just a brief paragraph on the Indian constitution, we have provided samples of essay on Indian Constitution. Let’s explore them!

short essay on indian constitution

Table of Contents

  • 1 Essay on Indian Constitution in 100 words
  • 2 Essay on Indian Constitution in 250 words
  • 3 Essay on Indian Constitution in 350 words
  • 4 Indian Constitution Defines the Fundamental Rights and Duties of Indian Citizens
  • 5 The Constitution Defines the Structure and Working of the Government
  • 6 Conclusion

Learn more about the Making of Indian Constitution

Essay on Indian Constitution in 100 words

The Indian Constitution became effective on the 26th of January 1950 although the Constituent Assembly adopted it on the 26th of November 1949. Dr. B. R. Ambedkar headed the drafting committee that wrote it. Hence, it was the longest-written constitution of India and provides a detailed account of the fundamental rights and duties of the citizens of India. The original constitution of India is the lengthiest in the world and is hand-written and calligraphed. It is the supreme law of India that is drafted by the Constituent Assembly which is even superior to the Parliament. After the constitution came into effect, the status of India changed from “Dominion of India” to “Republic of India”. Hence, 26th January is celebrated as The Republic Day of India.

Also Read:- Importance of Internet

Essay on Indian Constitution in 250 words

The Indian Constitution was drafted under the chairmanship of Dr. B. R. Ambedkar who is known as the ‘Father of Indian Constitution’. It took almost 3 years to draft the same. Various aspects of the society such as economic, socio-political, etc were taken into consideration while drafting the constitution. While drafting the Indian Constitution, the drafting committee took into consideration various constitutions of other countries such as France, Japan and Britain to seek valuable insights. 

The Fundamental Rights and Duties of the Indian Citizens, the Directive Principles of State Policy and the Federal Structure of the Government of India, all were included in the Indian Constitution. Every policy, duty and right has been explained at length in the Indian Constitution hence making it the lengthiest written constitution in the world. 

There were more than 2000 amendments that had to be made to the Indian Constitution to get it approved. The same was adopted on November 26th, 1949 and was enforced on January 26th, 1950. From that day onwards, the status of India changed from “Dominion of India” to “Republic of India”. And that is why since then, 26th January is celebrated as the Republic Day. On this occasion, the National Flag of India is hoisted at various places across the nation and the National Anthem is sung to rejoice the day. There is a special day that is dedicated to the Indian Constitution known as the ‘National Constitution Day’ that came into existence in 2015. 

Also Read:- Essay on Pollution

Essay on Indian Constitution in 350 words

The Indian Constitution is the supreme document that gives a very detailed account of what the citizens of India can and also cannot do. It has been set up as a standard that needs to be followed to ensure law and order in society and also to help it develop and prosper.

Indian Constitution Defines the Fundamental Rights and Duties of Indian Citizens

The duties and the Fundamental Rights of the Indian citizens have been clearly stated and defined in the Constitution of India. The Fundamental Rights include:

  • The Right to Equality
  • The Right to Freedom
  • The Right to Freedom of Religion
  • Cultural and Educational Rights
  • Right Against Exploitation
  • Right to Constitutional Remedies

These are the basic rights and all the citizens across the country are entitled to the same irrespective of their colour, caste, creed, or religion.

Fundamental Duties of the Indian CItizens that are included in the Indian Constitution are:-

  • Respecting the Constitution of India
  • To always honour the National Anthem and the National Flag
  • To protect the unity
  • Preserving the heritage of the county
  • Protecting the integrity and sovereignty of India
  • Promoting the spirit of brotherhood
  • To have compassion for living creatures
  • To strive for excellence 
  • To protect public property and contribute your bit to maintaining peace

These are also mentioned in detail in the Indian Constitution. 

The Constitution Defines the Structure and Working of the Government

The working of the Government as well as its structure is also mentioned in detail in the Indian Constitution.  The Indian Constitution mentions that India has a parliamentary system of government that is present at the centre as well as in states. The power to take major decisions lies with the Prime Minister and the Union Council of Ministers. The president of India on the other hand, has nominal powers.

Also Read: Essay on Human Rights

The Constitution of India was approved after several amendments by Dr. B. R. Ambedkar who, along with his team of six members, was a part of the drafting committee that came up with the Indian Constitution.

Also Read: How to Prepare for UPSC in 6 Months?

Ans: The Indian Constitution became effective on the 26th of January 1950 although the Constituent Assembly adopted it on the 26th of November 1949. Dr. B. R. Ambedkar headed the drafting committee that wrote it. Hence, it was the longest-written constitution of India and provides a detailed account of the fundamental rights and duties of the citizens of India. The original constitution of India is the lengthiest in the world and is hand-written and calligraphed. It is the supreme law of India that is drafted by the Constituent Assembly which is even superior to the Parliament. After the constitution came into effect, the status of India changed from “Dominion of India” to “Republic of India”. Hence, 26th January is celebrated as The Republic Day of India.

Ans: The constitution of India was written and adopted by the Constituent Assembly on 26th November 1949 but it became effective on 26th January 1950. It is a set of rules and regulations that guide the administration of the country. It is the backbone of every democratic and secular fabric of the nation. The Indian Constitution is the longest in the world. And describes the framework for political principles, procedures and powers of the government.

Ans: The Indian Constitution is the supreme document that gives a very detailed account of what the citizens of India can and also cannot do. It has been set up as a standard that needs to be followed to ensure law and order in society and also to help it develop and prosper.

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Essay On Indian Constitution

short essay on indian constitution

Table of Contents

Short Essay On Indian Constitution

The Indian Constitution is the supreme law of India and is the longest written constitution of any sovereign country in the world. It was adopted on 26th November 1949 and came into effect on 26th January 1950. The Indian Constitution was drafted by the Constituent Assembly and is a testament to India’s commitment to democracy, justice, and equality for all its citizens.

  • Federal System of Government: The Indian Constitution establishes a federal system of government, with powers divided between the central government and the states. This helps to ensure that the government is accountable to both the central government and the states, and prevents any one level of government from becoming too powerful.
  • Fundamental Rights: The Indian Constitution guarantees certain fundamental rights to all its citizens, including the right to equality, freedom of speech and expression, and the right to life and personal liberty. These rights serve as a safeguard against discrimination and oppression and are considered sacred and non-negotiable.
  • Directive Principles of State Policy: The Indian Constitution also lays down certain Directive Principles of State Policy, which serve as a guide for the government in its policies and decision-making. These principles include promoting social and economic justice, promoting international peace and security, and protecting and improving the environment.
  • Independent Judiciary: The Indian Constitution establishes an independent judiciary that acts as a guardian of the Constitution and ensures that the government and other public institutions are held accountable. The judiciary is also empowered to interpret the Constitution and resolve disputes between the central and state governments.
  • Separation of Powers: The Indian Constitution follows the principle of the separation of powers, with the legislative, executive, and judicial branches of government having separate and distinct powers and responsibilities. This helps to prevent the concentration of power in any one branch of government and promotes accountability and checks and balances.
  • Secularism: The Indian Constitution enshrines the principle of secularism, which means that the government must be neutral with respect to religion. This ensures that all citizens are free to practice their own religion and that no one religion is given preferential treatment over another.

In conclusion, the Indian Constitution is a remarkable document that serves as the foundation of India’s democracy and is a source of pride for the country. It guarantees fundamental rights, establishes a federal system of government, promotes social and economic justice, and ensures the independence of the judiciary. The Indian Constitution is a living document that has been amended several times to keep pace with changing times and the needs of the people, and it remains a shining example of India’s commitment to democracy, justice, and equality for all.

Long Essay On Indian Constitution

The Indian Constitution is a document of great importance to the country. It not only lays down the fundamental law of the land but also outlines the rights and duties of citizens. This essay will take a look at the history, structure and contents of this important document that has guided India for decades. We’ll also explore how it has evolved over time and what role it plays in modern times.

Introduction

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 the longest constitution in the world.

The Constitution was adopted by the Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950. The date 26 January was chosen to commemorate the Purna Swaraj declaration of independence of 1930. With its adoption, the Union of India officially became the modern and contemporary Republic of India replacing the Government of India Act 1935 as the country’s fundamental governing document. The Constitution declares India a sovereign, socialist, secular republic with an independent judiciary.

It was drafted by the Constituent Assembly between 1946 and 1949 under leadership of Dr B R Ambedkar as Chairman of its Drafting Committee. The members repudiated earlier treaties with Britain (the 1858 Government of India Act) and especially rejected ideas about a centralised state contained in previous constitutions such as that proposed by Sir Edward Coke in 1628 or even that which had been used to govern British colonies such as Australia (the 1900 Australian Constitution).

Underlying these decisions was a belief that power should devolve more widely through society so as prevent any one group from having too much control over others; this was thought necessary given historical events such as colonialism and communal violence. Federalism was also another

Historical Overview of the Indian Constitution

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 the longest constitution in the world. Dr. B.R. Ambedkar is widely regarded as its chief architect.

The Constitution was adopted by the Constituent Assembly on 26 November 1949, with a Preamble, 22 parts containing 448 articles and 8 schedules. It came into effect on 26 January 1950 with George VI as head of state for India. The last amendment to the Constitution of India was made in 2019. Some of the major amendments include abolition of untouchability and introduction of right to property as a legal right.

The Constitution declares India a sovereign, socialist, secular, democratic republic, assuring its citizens justice, equality and liberty and endeavours to promote fraternity among them. The words “socialist” and “secular” were added to the definition in 1976 by constitutional amendment. India celebrates its Constitution Day on 26 November every year.

Fundamental Rights and Duties of Citizens

The Fundamental Rights and Duties of Citizens are mentioned in the Constitution of India. They are defined as the basic rights and duties of every citizen of India.

The Fundamental Rights include the right to equality, right to freedom, right against exploitation, right to life and personal liberty, right to freedom of religion, cultural and educational rights, and right to constitutional remedies.

The Fundamental Duties include duties towards the nation, such as maintaining harmony among different sections of society, promoting integrity and common good, protecting public property, safeguarding environment, etc.

Every citizen is entitled to these rights and duties. It is the duty of every citizen to uphold the Constitution and strive towards the welfare of the country.

Directive Principles of State Policy

The Directive Principles of State Policy are a set of guidelines for the Indian Parliament to use when creating legislation. They are found in Part IV of the Constitution of India. The principles are based on the philosophy of Mahatma Gandhi and were added to the Constitution by Jawaharlal Nehru during the drafting process.

The Directive Principles are not enforceable by courts, but they are considered fundamental in the governance of the country. The principles cover a wide range of topics, including social welfare, education, economic development, and civil rights.

Some of the more notable Directive Principles include:

– Promoting equality and prohibiting discrimination on the grounds of caste, race, religion, or gender – Establishing a minimum wage – Providing free and compulsory education for all children up to the age of 14 – Protecting workers’ rights, including the right to form unions – Promoting environmental conservation – Agrarian reform and improving conditions for rural workers

Role of the Prime Minister and Cabinet

The Prime Minister of India is the chief executive of the Government of India. The President of India appoints the Prime Minister, who also has to be the leader of a party with a majority in the Lok Sabha (lower house of parliament).

The Prime Minister and his/her Council of Ministers are collectively responsible to the Lok Sabha. The Prime Minister is also responsible for appointing various key officials, such as the Governors of State Banks and other important financial institutions.

The Cabinet is a body of senior ministers, usually numbering around 20, headed by the Prime Minister. It advises and helps him/her in policy formulation and decision-making. All decisions taken by the Cabinet are collective decisions taken by all its members.

The role of the Prime Minister has evolved over time. In the initial years after independence, Jawaharlal Nehru was both the Prime Minister and the de facto leader of the Congress Party. Over time, however, this changed and there was a separation between the two roles. Indira Gandhi was perhaps the most prominent example of a Prime Minister who was also head of her party.

Legislature and Judiciary

The Constitution of India vests the legislative power of the Union in the Parliament which consists of the President, the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The President has the power to promulgate ordinances when Parliament is not in session. The Parliament has power to make laws for the whole or any part of the territory of India.

The Constitution also establishes an independent judiciary which consists of the Supreme Court, High Courts and other subordinate courts. The Supreme Court is vested with the power of judicial review and it can declare a law made by Parliament as unconstitutional if it violates any provision of the Constitution. The High Courts are vested with original jurisdiction over matters relating to their respective states while subordinate courts deal with matters relating to local areas.

Distribution of Powers between Centre and States

The Constitution of India provides for a federal system of government, whereby power is distributed between the central government and the states. The distribution of powers between the Centre and the states is as follows:

The Parliament of India has the power to make laws for the whole of India with respect to any of the matters enumerated in the Union List. The Union List contains 100 items (as opposed to 97 in the original Constitution), which include defence, foreign affairs, currency, banking, communications, etc.

The Parliament of India also has the power to make laws for any part of India with respect to any matter not enumerated in the State List or Concurrent List. In other words, Parliament can make laws on any subject not expressly reserved for the states. However, before making any law on a matter not enumerated in these lists, Parliament must obtain the consent of the President.

The State Legislature has exclusive power to make laws for its state with respect to any of the matters enumerated in the State List. The State List contains 66 items (as opposed to 61 in the original Constitution), which include police, trade unions, agriculture, irrigation, local government, etc. In addition, each state has been given residuary powers, which means that it can legislate on any matter not expressly reserved for either Parliament or itself.

The Concurrent List contains 52 items (as opposed to 47 in the original Constitution), which include education, forests, trade disputes, marriage and divorce, electricity, etc. Both the Centre and the states can make laws on these matters, but in the case of a conflict between the two, the law made by Parliament shall prevail over that made by any state legislature.

Emergency Provisions in Indian Constitution

The Constitution of India contains a number of provisions for dealing with emergencies. Article 352 of the Constitution empowers the President to declare a national emergency. A national emergency can be declared on the grounds of internal disturbance or external aggression.

Internal disturbance refers to a situation where the security of India is threatened by internal factors such as riots, armed rebellion, etc. External aggression refers to a situation where the security of India is threatened by external forces such as war, invasion, etc.

Once a national emergency is declared, the President can exercise his/her discretionary powers to deal with the situation. These powers include suspending the fundamental rights of citizens, imposing censorship on the media, and detaining persons without trial.

The Constitution also provides for state emergencies under Article 356. A state emergency can be declared if the President is satisfied that there is a breakdown of law and order in a state or that the government of the state cannot be carried on in accordance with the provisions of the Constitution.

Once a state emergency is declared, the President can assume direct control over the administration of the state. The President can also dismiss the state government and impose president’s rule in the state. Under president’s rule, all executive and legislative powers are vested in the hands of the central government.

The Constitution contains certain safeguards to prevent abuse of power during emergencies. For instance, Article 358 suspends all Fundamental Rights guaranteed by Part III of the Constitution during an emergency but expressly states that Articles 20

Amendment Procedure

The Constitution of India can be amended in two ways. The first way is by a simple majority of the Parliament. The second way is by a special majority, which requires a two-thirds majority of the Parliament, as well as the approval of at least half of the state legislatures.

The Indian Constitution is a unique document with many important principles and values embedded within it. It has been an essential foundation for India’s growth and stability since independence, providing citizens with the rights to freedom, equality, justice, and dignity. The constitution provides a comprehensive legal framework that guarantees civil liberties while protecting fundamental rights of all individuals regardless of race, religion or gender. In short, the Indian Constitution is not only the cornerstone of our democracy but also serves as an example around the world on how constitutional law can be used to protect liberty and promote progress in society.

Manisha Dubey Jha

Manisha Dubey Jha is a skilled educational content writer with 5 years of experience. Specializing in essays and paragraphs, she’s dedicated to crafting engaging and informative content that enriches learning experiences.

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Essay On Constitution Of India | Indian Constitution Essay for Students and Children in English

February 14, 2024 by Prasanna

Essay On Constitution Of India:  The constitution of India is one of the lengthiest and longest written constitutions in the whole world. The constitution is the backbone of the democratic and secular fabric of the nation and every institution in the country follows the constitution of India.

In this essay on constitution of India, we shall be talking about the salient features of our constitution, has how it was formed and what are the important articles in the Constitution that define past, present and future of India.

You can read more  Essay Writing  about articles, events, people, sports, technology many more.

Long and Short Essays on Constitution of India for Students and Kids in English

If you are a student or an IAS aspirant searching for a perfect essay on constitution of India, then you have come to the right place. We have provided a 600-word long essay on constitution of India is helpful for students of classes 7,8,9 and 10. and 200-word short essay on constitution of India is helpful for students of classes 1,2,3,4,5 and 6 which can be used by students for various purposes.

Long Essay On Constitution of India 600 Words in English

The supreme law of the country in a democratic system is the constitution. The word constitution has a French origin which is usually used to refer to law and order. Constitution of India starts with a preamble with the phrases “we the people” and talks about the values of the constitution which are equality, liberty, secularism and fraternity. Indian Constitution is one of the longest constitutions in the world. Our Indian Constitution consists of 465 articles, 12 schedules, 22 amendments and 146385 words in it.

Indian Constitution is an amalgamation of the Constitution of France, Britain, USA, Germany, and the former USSR. Some of the best features of the best constitutions in the world were taken and adjusted in the Indian Constitution as a result of which Indian Constitution in today’s world is considered one of the most detailed and comprehensive constitutions to exist. The reason why Indian Constitution is so lengthy is because of the kind of diversity and unique problems that exist only in India. The constitution of India addresses each and every issue that can possibly be imagined in a country like India which has many religions, ethnicities, cultures and languages.

Dr BR Ambedkar is known as the father of Indian constitution and he was the main person behind the framing of the Indian Constitution. He was the head of the drafting committee and he travelled across the world for many democratic countries to get inspiration to draft the Indian Constitution. It is also said that Dr BR Ambedkar wanted to burn the constitution of India. With regard to the powers of the governor, Ambedkar had heated debate with the members of the drafting committee and was hell-bent on preventing any harm or injury to the minorities of the country.

The Indian Constitution was originally written in Hindi and English. The constituent assembly and the members of the same signed two copies of the Constitution, one in the language of Hindi and the other in English. At that point in time when the Constitution was drafted, the Indian Constitution was only handwritten. It was neither printed nor typed and hence it is the only longest handwritten constitution on earth.

The values that the constitution represents is the values that India celebrates every day. The fundamental rights that the constitution of India guarantees its citizens to keep them safe from the bad elements in the section of the population are important. The values of liberty, equality, fraternity and secularism are some of the values that are celebrated all over the world and the Indian Union stands as a testimony for these values. It is because of the robustness and strength of our constitution that India is has become the second-largest democracy in the world. The Preamble of the Constitution of India declared the country as a power in a socialist, secular and democratic republic and the welfare of the state is committed to attaining justice, liberty and equality for all the people without any discrimination based on religion, caste, creed, sex or place of birth.

It took nearly three years to complete the Indian constitution and to be precise it took 2 years 11 months and 18 days to come up with the final draught. The constitution of India has been amended over 94 times in the last 60 years of India’s Independence.

I would like to conclude by saying that the essence of the Constitution is what makes India one of the strongest nations in the world. Without such a robust constitution, India would slip into a fascist and an authoritarian regime. Every government, irrespective of the political ideologies and bend of mind, should obey the constitution of India and follow the law of the land for the healthy democratic republic of India.

Constitution of India Essay

Short Essay On Constitution of India 200 Words in English

The constitution of India is one of the lengthiest constitutions in the whole world which contains a preamble, 22 parts with 448 articles, 12 schedules 5 appendices, and 15 amendments. It is the only constitution in the whole world which was handwritten completely in two languages, Hindi and English. Constitution of India was handwritten by Prem Behari Narain Raizada.

The constitution of India says that the republic of India is a sovereign, socialist, secular and a democratic republic. The constitution also celebrates the values of justice, liberty, equality and fraternity for all the people in the country without any discrimination. The constitution of India assures the citizens their economic and political justice, liberty of thought, expression faith, belief and worship. Although, in recent years certain articles and clauses of the constitution have been overstepped which is a dangerous precedence for the democratic values of the country.

I would like to conclude by saying that the Indian Constitution takes influences from the constitutions of France, Russia, America, Britain and Japan. It is one of the longest constitutions in the world and addresses each and every problem in a country like India with so much diversity in culture and ethnicity. It is because of the Constitution of India that India is known as the second biggest democracy and if there comes a time when the constitution of India is not followed, then India might slip into fascism and authoritarianism.

10 Lines on Constitution of India Essay

  • Indian Constitution is one of the longest constitutions in the world.
  • Indian Constitution is the only constitution that was handwritten in two languages, English and Hindi.
  • Dr. BR Ambedkar is known as the father of the Indian Constitution.
  • The constitution of India declared the country as a sovereign, socialist, secular and democratic republic.
  • Constitution of India assures its citizen of justice, equality, liberty and helps in promoting fraternity without any discrimination based on caste, creed, religion, gender or place of birth.
  • It took nearly 2 years 11 months and 18 days to finish the constitution of India.
  • The concept of the five-year plan was borrowed by the constitution of the USA and the concept of an independent judiciary was taken from the constitution of Japan.
  • The national constitution day is celebrated on the 26th of November every year.
  • The Constitution of India was officially adopted and came into force on 26 January 1950, which is also known as the Republic Day of India.
  • The English version of the Constitution has 117369 words, 444 articles, 22 parts, 12 schedules and 104 amendments.

essay about Constitution of India

FAQs on Essay On Constitution Of India

Question 1. Who is the father of the Indian Constitution?

Answer: Dr. BR Ambedkar is known as the father of Indian Constitution

Question 2. When was the Indian Constitution adopted?

Answer: Indian constitution was adopted on 26th November 1949, which is also known as National Constitution Day of India

Question 3. Where is the original copy of the Indian constitution located?

Answer: The original copies of the Indian Constitution is kept in a special helium-filled case in the library of the Parliament of India

Question 4. Which amendment is known as the most controversial constitutional amendment in the history of India?

Answer: The 42nd amendment, which reduces the powers of Judiciary, is known as the most controversial part of the Indian Constitution

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Essay on Constitution of India in English for Children and Students

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Essay on Constitution of India: The constitution of India became effective on 26 th January 1950; though it was adopted by the Constituent Assembly on 26 th November 1949. It was written by a drafting committee headed by Dr. B. R. Ambedkar. Therefore it is the longest written constitution that defines the power, procedures and responsibilities of the government institutions of India and gives detailed account of the fundamental rights and duties of the citizens of our country.

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Target Exam ---

The original Indian Constitution is hand written, calligraphed and also the lengthiest Constitution in the world. The Constitution of India is the supreme law of India drafted by the Constituent Assembly, superior even to the Parliament, as it cannot over rides it. With the Constitution coming into effect, India’s status from “Dominion of India” was changed to the “Republic of India”.

Long and Short Essay on Constitution of India in English

Here are long and short essay on Constitution of India to help you with the topic in your exam.

After going through the Constitution of India essay you will know about the features of Constitution, who was in the drafting committee of the constitution, which other constitutions is the Indian constitution inspired from, how long does it took to draft the Constitution, and other facts of the Constitution of India.

However you can use these essays in your school’s essay writing competition, debate competition or other similar events.

Short Essay on Constitution of India in 200 words

The Constitution of India drafted under the chairmanship of Dr. B. R. Ambedkar who known as the Father of the Indian Constitution. It took almost three years to draft the Constitution. Various socio-political and economic aspects of the society were taken into consideration while drafting the Constitution. The drafting committee also referred to the Constitutions of various other counties including Britain, France and Japan to seek valuable inputs.

The Constitution of India includes the Fundamental Rights and Duties of the citizens, the Directive Principles of State Policy and the Federal Structure of the Government of India. Every policy, right and duty has explained at length in the Indian Constitution thereby making it the longest written Constitution in the world.

More than 2000 amendments had to made in the Constitution of India in order to get it approved. It was adopted on 26th November 1949 and enforced completely on 26 th January 1950. This was the day when our country began to be known as the Republic of India. 26 th January is since then celebrated as the Republic Day. The Indian National Flag is hoisted at various places across the country and the National Anthem is sung to rejoice the day. National Constitution Day, a special day dedicated particularly to the Indian Constitution, came into being in 2015.

Essay on Importance of Constitution of India in 300 words

The Constitution of India is known to the supreme document that gives a detailed account of what the citizens of India can and also cannot do. It has set a standard that needs to followed to ensure law and order in the society and also to help it develop and prosper.

Constitution Defines the Fundamental Rights and Duties of Indian Citizens

The fundamental rights and duties of the Indian citizens have clearly defined in the Constitution of the country. However the Fundamental Rights of the Indian citizens include the Right to Equality, Right to Freedom, Right to Freedom of Religion, Cultural and Educational Rights, Right against Exploitation, Right to Constitutional Remedies. Therefore these are the basic rights that all the citizens of the country entitled to irrespective of their caste, colour, creed or religion.

Some of the fundamental duties of an Indian citizen are to respect the constitution, honour the national flag and national anthem, protect the unity, preserve the heritage of the country, protect the integrity and sovereignty of India, promote the spirit of brotherhood, have compassion for living creatures, strive for excellence, protect public property and contribute his/ her bit in maintaining peace. These also mentioned at length in the Indian Constitution.

Constitution Defines the Structure and Working of the Government

The structure and working of the government also stated at length in the Constitution of India. The Constitution mentions that India has a parliamentary system of government. This system is present at the centre as well as in the states. The Prime Minister and the Union Council of Ministers have the power to take all the major decisions. The President of India, on the other hand, has nominal powers.

Dr. B.R. Ambedkar along with his team of six members who were a part of the drafting committee came up with the Constitution of India. The Constitution approved after several amendments. Many amendments have also done after the enforcement of the Constitution.

Essay on Formation of Constitution of India in 400 words

The Constitution of India came into form on 26 th November 1949. A special committee formed to draft the Constitution that gives a detailed account of the practices that are deemed lawful and those deemed unlawful and are punishable. Therefore the Constitution was enforced on 26 th January 1950. With the enforcement of the Constitution, our country came to be known as the Republic of India.

Special Drafting Committee for the Constitution of India

The task of drafting the Constitution of India was that of great responsibility. The Constituent Assembly set up a special drafting committee to further this work. There were seven members in the drafting committee. These included prominent Indian leaders namely, B.R. Ambedkar, B.L. Mitter, K.M. Munshi, N. Gopalaswami Ayengar, Alladi Krishnaswami Ayyar, DP and Mohammad Saadullah. Dr. B.R. Ambedkar headed the drafting committee. Ambedkar referred to as the Father of the Indian Constitution. This is because it was under his guidance and supervision that this big draft came into form.

Indian Constitution – Inspired by Constitutions of Other Countries

The constitution of India drew inspiration from the constitutions of various other countries. Many of the concepts and acts included in our constitution borrowed from the constitutions of countries such as France, Germany, Japan, Australia, USA, Britain, Ireland, Russia and South Africa.

The drafting committee of the Indian Constitution also referred to the Government of India Act 1858, the Government of India Act 1919 and 1935 and the Indian Independence Act 1947 to get an idea about the acts and features to be included in the Constitution. These previous acts helped the committee understand the condition and requirement of the citizens of the country. Our Constitution thus often referred to as the bag of borrowings. It consisted of as many as 395 articles, 22 parts and 8 schedules at the time of its enactment. It handwritten and calligraphed.

After putting in immense efforts when the drafting committee presented the final draft of the Constitution of India, it suggested to make several amendments. The committee sat together to make more than 2000 amendments to get the Constitution approved. The members conducted several discussions to make appropriate amendments for getting the approval. 284 members of the Constituent Assembly of India signed the Constitution to give their approval on the same. This done two days before the enforcement of the constitution.

The Constitution of India is a massive piece of writing that includes a detailed account of the dos and don’ts for the Indian system. It has undergone around 100 amendments since it came into form.

Essay on Constitution of India in 500 words

Constitution of india – the supreme power of country.

The Constitution of India rightly said to the supreme power of the country. The laws, codes, rights and duties mentioned in the Indian Constitution need to followed strictly by the citizens of the country. Therefore the decisions made in the parliament and Supreme Court of India are all based on the laws and codes defined in the Constitution of India. Parliament of India does not have the power to override the constitution.

Dr. B. R Ambedkar – The Chief Architect of Indian Constitution

Dr. B. R. Ambedkar headed the drafting committee formed to write the Constitution of India. He was the chairman of this committee. He contributed immensely in the formation of the Constitution by giving several valuable inputs and thus came to be known as the chief architect of the Constitution of India. There were six other members in the drafting committee which formed by the Constituent Assembly of India. These members worked under the guidance of Dr. Ambedkar.

Constitution of India Replaced Government of India Act

The Government of India Act, 1935 acted as the fundamental governing document of India until the formation of the Constitution of India. The Constituent Assembly of India adopted the Constitution of India in November 1949. Many of the articles of the Constitution came into force at that time. The Constitution effectively enforced on 26 th January 1950 which came to known as the Indian Republic Day. The remaining articles became effective on this date. Our country which until then called the Dominion of the British Crown thereafter came to known as the Sovereign Democratic Republic of India.

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Special Days to Celebrate the Constitution of India

The formation and enforcement of Indian Constitution celebrated at a grand scale on the Republic Day each year. Republic Day is a national holiday in the country. A massive event organized at India Gate, New Delhi on Republic Day to honour the Constitution of the country. The constitutional head of India, i.e., its president hoists national flag at Rajpath. The Prime Minister and President of India and several Chief Ministers of different states of the country are present at the event. Parades by school kids and armed forces held on Rajpath. School children also perform dances and other cultural acts. Parade of beautiful tableau displaying the culture of various Indian states also held during the event.

Several small events organized at different offices and schools throughout the country to commemorate the Indian Constitution. Painting, essay and music competitions held in schools in addition to colleges. Patriotic songs sung and aslo speeches about the Constitution of India delivered.

National Constitution Day

In the year 2015, Indian Prime Minister, Narendra Modi, gave the suggestion to dedicate an exclusive day to our constitution. Since the Indian Constitution adopted on 26 th November 1949, this date chosen to honour the constitution. 26 th November celebrated as the National Constitution Day since 2015.

Many small and big events organized in schools, colleges and government institutions across India on this day. The importance of the Indian Constitution emphasized during these events. Patriotic songs sung and cultural activities organized to celebrate the day.

The Constitution of India has prepared with precision considering the interest of the common man as well as the overall interest of the country. It is a gift for the citizens of our country.

Long Essay on Constitution of India (600 words)

Introduction

Enforced on 26 th January 1950, the Constitution of India prepared by a committee consisting of seven members headed by Dr. B. R. Ambedkar. It guides the citizens of India, the country’s government bodies and other authorities to act in the right manner. However it has played a significant role in maintaining peace and prosperity in the country.

Salient Features of the Constitution of India

Here are the top salient features of the constitution of India:

Longest Written Constitution

The Constitution of India the longest written constitution in the world. It took almost three years to write this detailed constitution. However it has a preamble, 448 articles, 25 groups, 12 schedules and 5 appendices. It is much lengthier than the US Constitution that includes only 7 Articles.

Amalgamation of Rigidity and Flexibility

The Constitution of India is a mix of rigidity and flexibility. While it is the supreme power that needs to followed diligently to maintain law and order in the country, the citizens can appeal to amend the provisions they deem outdated or stern. While certain provisions can amended with some difficulty others are easy to amend. As many as 103 amendments have done in the Constitution of our country since its enforcement.

The Preamble

The well drafted Preamble of the Indian Constitution gives a detailed account of the philosophy of the constitution. It states that India is a Sovereign Socialist Secular Democratic Republic. It is a welfare state which puts its people first. However it believes in equality, freedom and justice for its people. While democratic socialism followed right from the beginning, the term Socialism added only in 1976.

India – A Secular State

The Constitution has declared India a secular state. Therefore India does not give special status to any religion. It provides its citizens complete freedom to choose their religion. It condemns religious groups instigating people in the name of religion.

India – A Republic

The Constitution declares India to be a Republic. Therefore the country not ruled by a nominated head or monarch. It has an elected head called the President. The President, elected indirectly by the people of the country, comes to power for a period of 5 years.

India – A Mix of Federalism and Unitarianism

The Constitution describes India as a federal structure with many unitary features. It referred to as a Quasi-Federation or a Unitarian Federation. Just like a federation, India has divided power among the centre and states. It has a dual administration system. It has a written, supreme constitution that needs to followed religiously. Therefore it includes an independent judiciary embedded with the power to decide centre-state disputes. At the same time it has unitary features such as a strong common constitution, common election commission and emergency provisions to name a few.

Fundamental Duties of Citizens

The Constitution of India clearly states the fundamental duties of its citizens. Some of these are to upload and protect the sovereignty, unity and integrity of India, respect the national flag and the national anthem, preserve the rich heritage of the country, protect the natural environment, safeguard public property and treat everyone equally.

Directive Principles of the State Policy

The Directive Principles of the State Policy also mentioned in the Constitution of India. These principles are basically the guidelines provided to the state to further socio-economic development aims via its policies.

The Constitution of India serves as a guiding light for its citizens. Therefore everything well-defined in the Indian Constitution. It has helped India attain the status of a Republic. Dr. B. R. Ambedkar and the members of the drafting committee of the Indian constitution have indeed done a commendable job for which they will always remembered.

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Essay on Constitution of India FAQs

What is indian constitution short note.

The Indian Constitution is a written document that outlines the framework and rules for governing India. It defines the powers, duties, and responsibilities of the government and its citizens.

What is constitution in 100 words?

A constitution is a set of fundamental principles or established precedents that a state or organization is governed by. It outlines the structure of government, establishes rights and freedoms, and provides the framework for laws and institutions.

What is constitution 10 lines?

A constitution is a written document that sets the basic rules for governing a country. It defines the structure of the government, allocates powers among different entities, protects the rights of citizens, and establishes the legal framework for the nation.

What is the Constitution of India?

The Constitution of India is the supreme law of the country. It lays down the framework that defines the political principles, establishes the structure, procedures, powers, and duties of the government institutions, and sets out fundamental rights and duties of citizens.

Who started Constitution of India?

The drafting committee for the Constitution of India was chaired by Dr. B.R. Ambedkar. He played a pivotal role in shaping and finalizing the Constitution.

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Essay on Constitution 500+ Words

The Constitution of India serves as the guiding star of our nation, shedding light on the path to justice, equality, and democracy. Furthermore, it is a remarkable document that molds our country’s destiny, guaranteeing that India maintains its status as a diverse and vibrant democracy. In the following essay, we will delve into the Constitution of India, examining its significance, history, and the fundamental principles that distinguish it as truly exceptional.

The Birth of the Constitution:

The Constitution of India, adopted on January 26, 1950, marked the moment when India became a republic. Furthermore, it was the culmination of years of dedicated effort by a distinguished assembly of minds known as the Constituent Assembly. Notably, Dr. B.R. Ambedkar, the principal architect, played an indispensable role in shaping this significant document.

Guarantor of Rights:

One of the most important aspects of the Indian Constitution is that it guarantees fundamental rights to its citizens. These rights ensure that every Indian is treated fairly and has the freedom to express themselves, practice their religion, and more.

Equality for All:

The Constitution promotes equality in all aspects of life. It does not discriminate based on caste, religion, gender, or place of birth. This principle of equality helps India embrace its diversity and promotes unity among its people.

Democracy in Action:

India is the world’s largest democracy, and the Constitution is the backbone of this system. It outlines how our government works, from elections to the roles of the President, Prime Minister, and Parliament. Every citizen’s vote matters, making India a true democracy.

Directive Principles of State Policy:

The Constitution includes directive principles that guide the government on how to create a just and equal society. These principles focus on eradicating poverty, providing education, and improving the living conditions of the people.

Amendments and Evolution:

The Constitution is not set in stone; it can be amended or changed to suit the evolving needs of the country. This flexibility allows us to adapt to new challenges and make improvements as necessary.

Fundamental Duties:

While the Constitution grants rights, it also emphasizes the importance of responsibilities. It outlines fundamental duties that every citizen should follow to help maintain peace and harmony in the country.

Safeguarding Justice:

The Constitution also established the judiciary as a separate and independent branch of government. The Supreme Court, with its judges, ensures that the laws are followed and justice is served.

Diversity Respected:

India is known for its diversity in languages, religions, and cultures. The Constitution acknowledges and respects this diversity, allowing people to freely practice their religions and preserve their traditions.

Conclusion of Essay on Constitution

In conclusion, the Constitution of India is not just a legal document; it’s the soul of our nation. It embodies the dreams and aspirations of millions, ensuring that India remains a diverse, democratic, and inclusive country. The principles of justice, equality, and freedom that it upholds are the very values that make India a shining example to the world. As citizens of this great nation, it’s our duty to uphold and protect the Constitution, for it is our guiding light towards a brighter and more equitable future. The Constitution of India is not just a piece of paper; it’s the heart that beats within our nation, uniting us all in the spirit of democracy and progress.

Also Check: Simple Guide on How To Write An Essay

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Constitution of India: Meaning, Structure, Enactment, Features & Significance

Constitution of India

The Constitution of India , as the fundamental law of the land , embodies the values, principles, and governance framework of our country. It serves as the supreme law, guiding the state’s functioning and ensuring citizen’s rights and responsibilities. With its roots grounded in historical struggles, philosophical ideals, and societal aspirations, it reflects the nation’s collective journey toward democracy, justice, and equality. This article of NEXT IAS aims to explain the meaning, structure, salient features, significance, and other aspects of the Constitution of India.

What is the Meaning of Constitution?

A Constitution of a state is a fundamental set of principles or established precedents according to which the state is governed. It outlines the organization, powers, and limits of government institutions, as well as the rights and duties of citizens. It serves as the supreme law of the land , providing a framework for the functioning of the government, the protection of individual liberties, and the maintenance of social order.

What is Constitution of India?

The Constitution of India is the supreme law of the Republic of India. It lays down the framework for the country’s political system, defining the powers and responsibilities of government institutions, safeguarding fundamental rights, and outlining the principles of governance. It is a set of rules and regulations guiding the administration of a country.

Constitution of India

Structure of the Indian Constitution

The Indian Constitution is one of the longest and most detailed written constitutions in the world. Various components of the structure of the Indian Constitution can be seen as follows:

  • A “Part” of the Constitution refers to a division within the Constitution that groups together Articles on similar subjects or themes.
  • The Indian Constitution is structured into various Parts, each dealing with a specific aspect of the country’s legal, administrative, or governmental framework.
  • Originally, there were 22 parts in the Constitution of India. As of now, there are 25 parts of the Indian Constitution.
  • An “Article” refers to a specific provision or clause within the Constitution that details various aspects of the country’s legal and governmental framework.
  • Each part of the constitution contains several articles numbered sequentially.
  • Originally, there were 395 articles in the Constitution of India. As of now, the Indian Constitution contains 448 articles .
  • A “Schedule” refers to a list or a table attached to the Constitution that details certain additional information or guidelines relevant to the constitutional provisions.
  • They provide clarity and supplementary details, making the Constitution more comprehensive and functional.
  • Originally, there were 8 schedules in the Constitution of India. As of now, there are 12 schedules in the Indian Constitution.

Enactment and Adoption of the Indian Constitution

  • The Constitution of India was framed by a Constituent Assembly which was established in 1946. The President of the Constituent Assembly was Dr. Rajendra Prasad .
  • On 29th August 1947, a resolution was moved in the Constituent Assembly for the appointment of a Drafting Committee to draft a permanent constitution of India. Accordingly, the Drafting Committee was appointed under the chairmanship of Dr. B.R. Ambedkar .
  • The Drafting Committee took a total of 166 days , which was spread over 2 years, 11 months, and 18 days to prepare a draft constitution. The final draft of the Constitution was introduced in the Constituent Assembly on 4th November 1948 .
  • After many deliberations and some modifications, the Draft Constitution was declared as passed by the Constituent Assembly on 26th November 1949. This is known as the “ Date of Adoption ” of the Constitution of India.
  • A few provisions of the Constitution came into force on 26th November 1949. However, the major part of the Constitution came into force on 26th January 1950, making India a sovereign republic. This date is known as the “ Date of Enactment ” of the Constitution of India.

Salient Features of the Indian Constitution

  • Several factors that have contributed to its elephantine size include – the need to accommodate the vast diversity of the country, a single constitution for both the Center and States, the presence of legal experts and luminaries in the Constituent Assembly, etc.
  • Drawn from Various Sources – The Constitution of India has borrowed most of its provisions from the Government of India Act of 1935 as well as from the constitutions of various other countries.
  • The Constitution of India is neither rigid nor flexible, but a synthesis of both.
  • Federal System with Unitary Bias – The Constitution of India establishes a federal system of government and contains all the usual features of a federation. However, it also contains a large number of unitary or non-federal features.
  • Parliamentary Form of Government – The Constitution of India has adopted the British Parliamentary System of Government. The parliamentary system is based on the principle of cooperation and coordination between the legislative and executive organs.
  • While Parliament retains the ultimate authority to make laws , the judiciary serves as the guardian of the Constitution , ensuring that parliamentary actions adhere to constitutional norms and protect fundamental rights.
  • An integrated judicial system means that a single system of courts, comprising of Supreme Court , High Courts, and Subordinate Courts, enforces both the central laws as well as the state laws.
  • An independent judicial system means that the Indian judiciary operates autonomously, free from the influence of the executive and legislative branches of government.
  • Fundamental Rights – The Indian Constitution guarantees 6 fundamental rights to all citizens, which promotes the idea of political democracy in the country. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature.
  • The Directive Principles seek to establish a ‘Welfare State’ in India by promoting the ideal of social and economic democracy.
  • These duties serve as a guide for citizens to contribute towards building a strong and harmonious nation.
  • A Secular State – The Constitution of India does not uphold any particular religion as the official religion of the Indian State. Instead, it mandates that the state treat all religions equally, refraining from favoring or discriminating against any particular religion.
  • Every citizen who is not less than 18 years of age has a right to vote without any discrimination based on caste, race, religion, sex, literacy, wealth, and so on.
  • Single Citizenship – Single citizenship is a constitutional principle in India whereby all citizens irrespective of the state in which they are born or reside enjoy the same political and civil rights of citizenship all over the country, and no discrimination is made between them.
  • Independent Bodies – The Indian Constitution has established certain independent bodies which are envisaged as the bulwarks of the democratic system of Government in India.
  • The rationale behind the incorporation of these provisions is to safeguard the sovereignty, unity, integrity, and security of the country, the democratic political system, and the Constitution .
  • This decentralized system allows for effective governance by delegating authority to address regional and local issues, promoting participatory democracy and grassroots development.
  • Co-operative Societies – The 97th Constitutional Amendment Act of 2011 gave constitutional status and protection to co-operative societies.

Significance of the Constitution of India

  • Rule of Law – The Constitution establishes the framework for governance based on the rule of law, ensuring that no individual, including government officials, is above the law.
  • Protection of Rights – It guarantees fundamental rights to citizens, safeguarding their freedoms of speech, expression, religion, and more, while also providing mechanisms for legal redress if these rights are infringed upon.
  • Structure of Government – The Constitution delineates the structure of government, defining the roles, powers, and limitations of the executive, legislative, and judicial branches. This separation of powers prevents the concentration of authority and promotes checks and balances.
  • Democratic Principles – Through provisions like a universal adult franchise, the constitution upholds democratic principles by ensuring citizens’ participation in governance through free and fair elections.
  • Stability and Continuity – The constitution provides stability and continuity in governance, serving as a framework for guiding successive governments and preventing abrupt changes in the political system.
  • National Unity – It fosters national unity by recognizing and respecting the diversity of the populace while also promoting a sense of common citizenship and allegiance to the nation.
  • Legal Framework – The constitution serves as the legal foundation upon which all laws and regulations are based, providing consistency and coherence in the legal system.
  • Adaptability – While providing a stable framework, the constitution also allows for necessary amendments to accommodate changing societal needs and values, ensuring its relevance over time.

Sources of the Constitution of India

  • Government of India Act of 1935 – Federal Scheme, Office of Governor, Judiciary, Public Service Commissions, Emergency Provisions, and Administrative Details.
  • British Constitution – Parliamentary System of Government, Rule of Law, Legislative Procedure, Single Citizenship, Cabinet System, Prerogative Writs, Parliamentary Privileges, and Bicameralism.
  • US Constitution – Fundamental Rights, Independence of the Judiciary, Judicial Review, Impeachment of the President, Removal of Supreme Court and High Court Judges, and the Post of the Vice-President.
  • Irish Constitution – Directive Principles of State Policy, the Nomination of Members to Rajya Sabha, and Method of Election of the President.
  • Canadian Constitution – Federation with a strong Centre, vesting of residuary powers in the Centre, appointment of state governors by the Centre, and advisory jurisdiction of the Supreme Court.
  • Australian Constitution – Concurrent List, Freedom of Trade, Commerce & Intercourse, and a Joint Sitting of the two Houses of Parliament.
  • Weimar Constitution of Germany – Suspension of Fundamental Rights during Emergency.
  • Soviet Constitution (USSR, now Russia) – Fundamental duties and the ideal of Justice (Social, Economic, and Political) in the Preamble.
  • French Constitution – Republic and the ideals of Liberty, Equality, and Fraternity in the Preamble.
  • South African Constitution – Procedure for amendment of the Constitution and election of members of Rajya Sabha.
  • Japanese Constitution – Procedure established by law.

Various Schedules of the Indian Constitution

Names of the States and their territorial jurisdiction.
Names of the Union Territories and their extent.
Provisions relating to the emoluments, allowances, privileges, etc.This schedule outlines the salaries of various constitutional dignitaries, such as the President, the Vice President, the Governor, etc.
Forms of Oaths and AffirmationsThis schedule provides the forms of oaths and affirmations for various constitutional dignitaries such as MPs, MLAs, judges of the Supreme Court etc.
Allocation of Seats in the Rajya SabhaThis schedule determines the allocation of seats in the Rajya Sabha (Council of States) to states and union territories.
Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes
Provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura, and Mizoram
Division of powers between the Union and the States in terms of Union List, State List, and Concurrent List.Presently, the Union List contains 100 subjects (originally 97), the State List contains 61 subjects (originally 66) and the Concurrent List contains 52 subjects (originally 47).
Languages recognized by the Constitution.Originally, it had 14 languages but presently there are 22 languages such as Assamese, Bengali, Bodo, Gujarati, Hindi, etc.
It deals with the acts and regulations of the state legislatures dealing with land reforms and the abolition of the zamindari system and the Parliament deals with other matters.This schedule was added by the 1st Amendment Act of 1951, which protects the laws that cannot be challenged on the grounds of violating fundamental rights.
Provisions relating to disqualification of the members of Parliament and State Legislatures on the ground of defection.This schedule was added by the 52nd Amendment Act of 1985, also known as the Anti-Defection Law.
Specifies the powers, authority, and responsibilities of Panchayats.This schedule was added by the 73rd Amendment Act of 1992
Specifies the powers, authority, and responsibilities of Municipalities.This schedule was added by the 74th Amendment Act of 1992

Parts of the Constitution

The Union and its Territory
Citizenship
Fundamental Rights
Directive Principles of State Policy
Fundamental Duties
The Union Government
The State Governments
The Union Territories
The Panchayats
The Municipalities
The Co-operative Societies
The Scheduled and Tribal Areas
Relations between the Union and the States
Finance, Property, Contracts, and Suits
Trade, Commerce and Intercourse within the Territory of India
Services under the Union and the States
Tribunals
Elections
Special Provisions relating to certain Classes
Official Languages
Emergency |Provisions
Miscellaneous
Amendment of the Constitution
Temporary, Transitional and Special Provisions
Short title, Commencement, Authoritative Text in Hindi, and Repeals

Note – Part-VII (The States in Part B of the First Schedule), has been deleted by the 7th Constitutional Amendment of 1956.

In conclusion, the Indian Constitution stands as a testament to the nation’s democratic ideals and aspirations. Its meticulous crafting, rooted in historical struggles and visionary principles, continues to guide India’s journey towards a more just, inclusive, and prosperous society. The Indian Constitution stands as a testament to upholding its values, fostering unity amidst diversity, and safeguarding the rights and liberties of every citizen, thus ensuring a brighter future for generations to come.

Related Concepts

  • Constitutionalism – Constitutionalism is a system where the Constitution is supreme and the institution’s structure and processes are governed by constitutional principles. It provides the template or framework within which the state has to carry out its operations. It also puts limitations on the government.
  • Classification of the Constitution – Constitutions across the world have been classified into the following categories and sub-categories:
CodifiedIn Single Act (Document)USA, India
UncodifiedFully written (In few documents)Israel, Saudi Arabia
Partially unwrittenNew Zealand, United Kingdom

Frequently Asked Questions (FAQs)

When was the constitution of india adopted.

The Constitution of India was adopted on 26th November 1949 .

Why the Constitution of India is called a bag of Borrowing?

The Constitution of India is called a “bag of borrowing” due to its extensive adaptation of principles and provisions from various global sources. It amalgamates elements from multiple constitutions, including the British, American, Irish, Canadian, and others, reflecting India’s diverse legal heritage and democratic ideals.

Who is known as the ‘Father of Indian Constitution’?

Dr. B.R. Ambedkar is regarded as the “Father of the Indian Constitution” for his pivotal role as the chairman of the Drafting Committee and his significant contributions in shaping the provisions of the Indian Constitution.

When do we Celebrate the Constitution Day?

Constitution Day also famously known as ‘Samvidhan Divas’ , is celebrated in our country on 26th November every year to commemorate the adoption of the Constitution of India.

What is the Philosophy of the Constitution of India?

The philosophy of the Constitution of India revolves around several key principles such as Sovereignty, Equality, Justice, Liberty, Fraternity, Dignity, Secularism, Federalism, Democratic Principles, etc.

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Constitution of India: List of All Articles (1-395) and Parts (1-22)

Last updated on April 6, 2024 by Alex Andrews George

constitution

The Constitution of India contains 395 articles in 22 parts. Additional articles and parts are inserted later through various amendments. There are also 12 schedules in the Indian Constitution .

Links are given against each Part to understand the purpose and background of each article of the Constitution of India.

Titles are mentioned for all articles from 1-395, separated under various parts and chapters. The preamble and Repealed articles or parts are specially mentioned.

Table of Contents

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

PART I: THE UNION AND ITS TERRITORY

1 Name and territory of the Union. 2 Admission or establishment of new States. 2A [Repealed.] 3 Formation of new States and alteration of areas, boundaries or names of existing States. 4 Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.

PART II: CITIZENSHIP

5 Citizenship at the commencement of the Constitution. 6 Rights of citizenship of certain persons who have migrated to India from Pakistan. 7 Rights of citizenship of certain migrants to Pakistan. 8 Rights of citizenship of certain persons of Indian origin residing outside India. 9 Persons voluntarily acquiring citizenship of a foreign State not to be citizens. 10 Continuance of the rights of citizenship. 11 Parliament to regulate the right of citizenship by law.

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PART III : FUNDAMENTAL RIGHTS

General 12 Definition. 13 Laws inconsistent with or in derogation of the fundamental rights. Right to Equality 14 Equality before law. 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. 16 Equality of opportunity in matters of public employment. 17 Abolition of Untouchability. 18 Abolition of titles. Right to Freedom 19 Protection of certain rights regarding freedom of speech, etc. 20 Protection in respect of conviction for offences. 21 Protection of life and personal liberty. 21A Right to education 22 Protection against arrest and detention in certain cases. Right against Exploitation 23 Prohibition of traffic in human beings and forced labour. 24 Prohibition of employment of children in factories, etc. Right to Freedom of Religion 25 Freedom of conscience and free profession, practice and propagation of religion. 26 Freedom to manage religious affairs. 27 Freedom as to payment of taxes for promotion of any particular religion. 28 Freedom as to attendance at religious instruction or religious worship in certain educational institutions. Cultural and Educational Rights 29 Protection of interests of minorities. 30 Right of minorities to establish and administer educational institutions. 31 [Repealed.] Saving of Certain Laws 31A Saving of Laws providing for the acquisition of estates, etc. 31B Validation of certain Acts and Regulations. 31C Saving of laws giving effect to certain directive principles. 31D [Repealed.] Right to Constitutional Remedies 32 Remedies for enforcement of rights conferred by this Part. 32A [Repealed.] 33 Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc. 34 Restriction on rights conferred by this Part while martial law is in force in any area. 35 Legislation to give effect to the provisions of this Part.

PART IV: DIRECTIVE PRINCIPLES OF STATE POLICY

36 Definition. 37 Application of the principles contained in this Part. 38 State to secure a social order for the promotion of the welfare of the people. 39 Certain principles of policy to be followed by the State. 39A Equal justice and free legal aid. 40 The organisation of village panchayats. 41 Right to work, to education and to public assistance in certain cases. 42 Provision for just and humane conditions of work and maternity relief. 43 Living wage, etc., for workers. 43A Participation of workers in the management of industries. 43B Promotion of co-operative societies. 44 Uniform civil code for the citizens. 45 Provision for free and compulsory education for children. 46 Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections. 47 Duty of the State to raise the level of nutrition and the standard of living and to improve public health. 48 The organisation of agriculture and animal husbandry. 48A Protection and improvement of environment and safeguarding of forests and wildlife. 49 Protection of monuments and places and objects of national importance. 50 Separation of judiciary from the executive. 51 Promotion of international peace and security.

PART IVA: FUNDAMENTAL DUTIES

51A Fundamental duties.

PART V: THE UNION

Chapter i: the executive.

The President and Vice-President 52 The President of India . 53 The executive power of the Union. 54 Election of President. 55 Manner of election of President. 56 Term of office of President. 57 Eligibility for re-election. 58 Qualifications for election as President. 59 Conditions of the President’s office. 60 Oath or affirmation by the President. 61 Procedure for impeachment of the President. 62 Time of holding the election to fill the vacancy in the office of President and the term of office of person elected to fill the casual vacancy. 63 The Vice-President of India . 64 The Vice-President to be ex officio Chairman of the Council of States. 65 The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President. 66 Election of Vice-President. 67 Term of office of Vice-President. 68 Time of holding the election to fill the vacancy in the office of Vice-President and the term of office of person elected to fill the casual vacancy. 69 Oath or affirmation by the Vice-President. 70 Discharge of President’s functions in other contingencies. 71 Matters relating to, or connected with, the election of a President or Vice-President. 72 Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases. 73 The extent of executive power of the Union. Council of Ministers 74 Council of Ministers to aid and advise the President. 75 Other provisions as to Ministers. The Attorney-General for India 76 Attorney-General for India. Conduct of Government Business 77 Conduct of business of the Government of India. 78 Duties of Prime Minister as respects the furnishing of information to the President, etc.

CHAPTER II: PARLIAMENT

General 79 Constitution of Parliament. 80 Composition of the Council of States. 81 Composition of the House of the People. 82 Readjustment after each census. 83 Duration of Houses of Parliament. 84 Qualification for membership of Parliament. 85 Sessions of Parliament, prorogation and dissolution. 86 Right of President to address and send messages to Houses. 87 Special address by the President. 88 Rights of Ministers and Attorney-General as respects Houses. Officers of Parliament 89 The Chairman and Deputy Chairman of the Council of States. 90 Vacation and resignation of, and removal from, the office of Deputy Chairman. 91 Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman. 92 The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration. 93 The Speaker and Deputy Speaker of the House of the People . 94 Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker. 95 Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker. 96 The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration. 97 Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker. 98 Secretariat of Parliament. Conduct of Business 99 Oath or affirmation by members. 100 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum. Disqualifications of Members 101 Vacation of seats. 102 Disqualifications for membership. 103 Decision on questions as to disqualifications of members. 104 Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified. Powers, Privileges and Immunities of Parliament and its Members 105 Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof. 106 Salaries and allowances of members. Legislative Procedure 107 Provisions as to introduction and passing of Bills. 108 Joint sitting of both Houses in certain cases. 109 Special procedure in respect of Money Bills. 110 Definition of “Money Bills”. 111 Assent to Bills. Procedure in Financial Matters 112 Annual financial statement. 113 Procedure in Parliament with respect to estimates. 114 Appropriation Bills. 115 Supplementary, additional or excess grants. 116 Votes on account, votes of credit and exceptional grants. 117 Special provisions as to financial Bills. Procedure Generally 118 Rules of procedure. 119 Regulation by law of procedure in Parliament in relation to financial business. 120 Language to be used in Parliament. 121 Restriction on discussion in Parliament. 122 Courts not to inquire into proceedings of Parliament.

CHAPTER III: LEGISLATIVE POWERS OF THE PRESIDENT

123 Power of President to promulgate Ordinances during recess of Parliament .

CHAPTER IV: THE UNION JUDICIARY

124 Establishment and constitution of Supreme Court. 124A National Judicial Appointments Commission. (Declared unconstitutional by the Supreme Court, however not repealed by the Parliament) 124B Functions of Commission. 124C Power of Parliament to make law. 125 Salaries, etc., of Judges. 126 Appointment of acting Chief Justice. 127 Appointment of ad hoc judges. 128 Attendance of retired Judges at sittings of the Supreme Court. 129 Supreme Court to be a court of record. 130 Seat of Supreme Court. 131 Original jurisdiction of the Supreme Court. 131A [Repealed.] 132 Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases. 133 Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to Civil matters. 134 Appellate jurisdiction of Supreme Court in regard to criminal matters. 134A Certificate for appeal to the Supreme Court. 135 Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court. 136 Special leave to appeal by the Supreme Court. 137 Review of judgments or orders by the Supreme Court. 138 Enlargement of the jurisdiction of the Supreme Court. 139 Conferment on the Supreme Court of powers to issue certain writs. 139A Transfer of certain cases. 140 Ancillary powers of Supreme Court. 141 Law declared by Supreme Court to be binding on all courts. 142 Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. 143 Power of President to consult Supreme Court. 144 Civil and judicial authorities to act in aid of the Supreme Court. 144A [Repealed.] 145 Rules of Court, etc. 146 Officers and servants and the expenses of the Supreme Court. 147 Interpretation.

CHAPTER V: COMPTROLLER AND AUDITOR-GENERAL OF INDIA

148 Comptroller and Auditor-General of India. 149 Duties and powers of the Comptroller and Auditor-General. 150 Form of accounts of the Union and of the States. 151 Audit reports.

PART VI: THE STATES

Chapter i: general.

152 Definition.

CHAPTER II: THE EXECUTIVE

The Governor 153 Governors of States. 154 Executive power of State. 155 Appointment of Governor. 156 Term of office of Governor. 157 Qualifications for appointment as Governor. 158 Conditions of Governor’s office 159 Oath or affirmation by the Governor. 160 Discharge of the functions of the Governor in certain contingencies. 161 Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases. 162 Extent of executive power of State. Council of Ministers 163 Council of Ministers to aid and advise Governor. 164 Other provisions as to Ministers. The Advocate-General for the State 165 Advocate-General for the State. Conduct of Government Business 166 Conduct of business of the Government of a State. 167 Duties of Chief Minister as respects the furnishing of information to Governor, etc.

CHAPTER III: THE STATE LEGISLATURE

General 168 Constitution of Legislatures in States. 169 Abolition or creation of Legislative Councils in States. 170 Composition of the Legislative Assemblies. 171 Composition of the Legislative Councils. 172 Duration of State Legislatures. 173 Qualification for membership of the State Legislature. 174 Sessions of the State Legislature, prorogation and dissolution. 175 Right of Governor to address and send messages to the House or Houses. 176 Special address by the Governor. 177 Rights of Ministers and Advocate-General as respects the Houses. Officers of the State Legislature 178 The Speaker and Deputy Speaker of the Legislative Assembly. 179 Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker. 180 Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker. 181 The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration. 182 The Chairman and Deputy Chairman of the Legislative Council. 183 Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman. 184 Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman. 185 The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration. 186 Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman. 187 Secretariat of State Legislature. Conduct of Business 188 Oath or affirmation by members. 189 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum. Disqualifications of Members 190 Vacation of seats. 191 Disqualifications for membership. 192 Decision on questions as to disqualifications of members. 193 Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified. Powers, privileges and immunities of State Legislatures and their Members 194 Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof. 195 Salaries and allowances of members. Legislative Procedure 196 Provisions as to introduction and passing of Bills. 197 Restriction on powers of Legislative Council as to Bills other than Money Bills. 198 Special procedure in respect of Money Bills. 199 Definition of “Money Bills”. 200 Assent to Bills. 201 Bills reserved for consideration. Procedure in Financial Matters 202 Annual financial statement. 203 Procedure in Legislature with respect to estimates. 204 Appropriation Bills. 205 Supplementary, additional or excess grants. 206 Votes on account, votes of credit and exceptional grants. 207 Special provisions as to financial Bills. Procedure Generally 208 Rules of procedure. 209 Regulation by law of procedure in the Legislature of the State in relation to financial business. 210 Language to be used in the Legislature. 211 Restriction on discussion in the Legislature. 212 Courts not to inquire into proceedings of the Legislature.

CHAPTER IV : LEGISLATIVE POWER OF THE GOVERNOR

213 Power of Governor to promulgate Ordinances during recess of Legislature.

CHAPTER V: THE HIGH COURTS IN THE STATES

214 High Courts for States. 215 High Courts to be courts of record. 216 Constitution of High Courts. 217 Appointment and conditions of the office of a Judge of a High Court. 218 Application of certain provisions relating to Supreme Court to High Courts. 219 Oath or affirmation by Judges of High Courts. 220 Restriction on practice after being a permanent Judge. 221 Salaries, etc., of Judges. 222 Transfer of a Judge from one High Court to another. 223 Appointment of acting Chief Justice. 224 Appointment of additional and acting Judges. 224A Appointment of retired Judges at sittings of High Courts. 225 Jurisdiction of existing High Courts. 226 Power of High Courts to issue certain writs. 226A [Repealed..] 227 Power of superintendence over all courts by the High Court. 228 Transfer of certain cases to High Court. 228A [Repealed.] 229 Officers and servants and the expenses of High Courts. 230 Extension of jurisdiction of High Courts to Union territories. 231 Establishment of a common High Court for two or more States.

CHAPTER VI : SUBORDINATE COURTS

233 Appointment of district judges. 233A Validation of appointments of, and judgments, etc., delivered by, certain district judges. 234 Recruitment of persons other than district judges to the judicial service. 235 Control over subordinate courts. 236 Interpretation. 237 Application of the provisions of this Chapter to certain class or classes of magistrates.

PART VII: THE STATES IN PART B OF THE FIRST SCHEDULE

238 [Repealed.]

PART VIII: THE UNION TERRITORIES

239 Administration of Union territories. 239A Creation of local Legislatures or Council of Ministers or both for certain Union territories. 239AA Special provisions with respect to Delhi. 239AB Provision in case of failure of constitutional machinery. 239B Power of the administrator to promulgate Ordinances during recess of the Legislature. 240 Power of the President to make regulations for certain Union territories. 241 High Courts for Union territories. 242 [Repealed.]

PART IX: THE PANCHAYATS

243 Definitions. 243A Gram Sabha. 243B Constitution of Panchayats. 243C Composition of Panchayats. 243D Reservation of seats. 243E Duration of Panchayats, etc. 243F Disqualifications for membership. 243G Powers, authority and responsibilities of Panchayats. 243H Powers to impose taxes by, and Funds of, the Panchayats. 243-I Constitution of Finance Commission to review financial position. 243J Audit of accounts of Panchayats. 243K Elections to the Panchayats. 243L Application to Union territories. 243M Part not to apply to certain areas. 243N Continuance of existing laws and Panchayats. 243-O Bar to interference by courts in electoral matters.

PART IXA: THE MUNICIPALITIES

243P Definitions. 243Q Constitution of Municipalities. 243R Composition of Municipalities. 243S Constitution and composition of Wards Committees, etc. 243T Reservation of seats. 243U Duration of Municipalities, etc. 243V Disqualifications for membership. 243W Powers, authority and responsibilities of Municipalities, etc. 243X. Power to impose taxes by, and Funds of, the Municipalities. 243 Finance Commission. 243Z Audit of accounts of Municipalities. 243ZA Elections to the Municipalities. 243ZB Application to Union territories. 243ZC Part not to apply to certain areas. 243ZD Committee for district planning. 243ZE Committee for Metropolitan planning. 243ZF Continuance of existing laws and Municipalities. 243ZG Bar to interference by Courts in electoral matters.

PART IXB: THE CO-OPERATIVE SOCIETIES

243ZH Definitions 243ZI Incorporation of co-operative societies 243ZJ Number and term of members of the board and its office bearers. 243 ZK Election of members of board. 243ZL Supersession and suspension of the board and interim management. 243ZM Audit of accounts of co-operative societies. 243ZN Convening of general body meetings. 243ZO Right of a member to get information, 243ZP Returns. 243ZQ Offences and penalties. 243ZR Application to multi-state co-operative societies. 243ZS Application to Union Territories. 243ZT Continuance of existing laws.

PART X: THE SCHEDULED AND TRIBAL AREAS

244 Administration of Scheduled Areas and Tribal Areas. 244A Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor.

PART XI: RELATIONS BETWEEN THE UNION AND THE STATES

Chapter i: legislative relations.

Distribution of Legislative Powers

245 Extent of laws made by Parliament and by the Legislatures of States. 246 Subject-matter of laws made by Parliament and by the Legislatures of States. 246A Special provision with respect to goods and services tax. 247 Power of Parliament to provide for the establishment of certain additional courts. 248 Residuary powers of legislation. 249 Power of Parliament to legislate with respect to a matter in the State List in the national interest. 250 Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation. 251 Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States. 252 Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State. 253 Legislation for giving effect to international agreements. 254 Inconsistency between laws made by Parliament and laws made by the Legislatures of States. 255 Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.

CHAPTER II : ADMINISTRATIVE RELATIONS

256 Obligation of States and the Union. 257 Control of the Union over States in certain cases. 257A [Repealed.] 258 Power of the Union to confer powers, etc., on States in certain cases. 258A Power of the States to entrust functions to the Union. 259 [Repealed.] 260 Jurisdiction of the Union in relation to territories outside India. 261 Public acts, records and judicial proceedings. Disputes relating to Waters 262 Adjudication of disputes relating to waters of inter-State rivers or river valleys. Co-ordination between States 263 Provisions with respect to an inter-State Council.

PART XII: FINANCE, PROPERTY, CONTRACTS AND SUITS

Chapter i: finance.

General 264 Interpretation. 265 Taxes not to be imposed save by authority of law. 266 Consolidated Funds and public accounts of India and of the States. 267 Contingency Fund. Distribution of Revenues between the Union and the States 268 Duties levied by the Union but collected and appropriated by the State. 268A [Repealed.] 269 Taxes levied and collected by the Union but assigned to the States. 269A Levy and collection of goods and services tax in the course of inter-state trade or commerce. 270 Taxes levied and distributed between the Union and the States. 271 Surcharge on certain duties and taxes for purposes of the Union. 272 [Repealed.] 273 Grants in lieu of export duty on jute and jute products. 274 Prior recommendation of President required to Bills affecting taxation in which States are interested. 275 Grants from the Union to certain States. 276 Taxes on professions, trades, callings and employments. 277 Savings. 278 [Repealed.] 279 Calculation of “net proceeds”, etc. 279A Goods and Services Tax Council. 280 Finance Commission. 281 Recommendations of the Finance Commission. Miscellaneous financial provisions 282 Expenditure defrayable by the Union or a State out of its revenues. 283 Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts. 284 Custody of suitors’ deposits and other moneys received by public servants and courts. 285 Exemption of property of the Union from State taxation. 286 Restrictions as to imposition of tax on the sale or purchase of goods. 287 Exemption from taxes on electricity. 288 Exemption from taxation by States in respect of water or electricity in certain cases. 289 Exemption of property and income of a State from Union taxation. 290 Adjustment in respect of certain expenses and pensions. 290A Annual payment to certain Devaswom Funds. 291 [Repealed.]

CHAPTER II: BORROWING

292 Borrowing by the Government of India. 293 Borrowing by States.

CHAPTER III: PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS

294 Succession to property, assets, rights, liabilities and obligations in certain cases. 295 Succession to property, assets, rights, liabilities and obligations in other cases. 296 Property accruing by escheat or laps or as bona vacantia. 297 Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union. 298 Power to carry on trade, etc. 299 Contracts. 300 Suits and proceedings.

CHAPTER IV: RIGHT TO PROPERTY

300A Persons not to be deprived of property save by authority of law.

Also read: Default Bail

PART XIII: TRADE, COMMERCE, AND INTERCOURSE WITHIN THE TERRITORY OF INDIA

301 Freedom of trade, commerce, and intercourse. 302 Power of Parliament to impose restrictions on trade, commerce, and intercourse. 303 Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce. 304 Restrictions on trade, commerce, and intercourse among States. 305 Saving of existing laws and laws providing for State monopolies. 306 [Repealed.] 307 Appointment of authority for carrying out the purposes of articles 301 to 304.

PART XIV: SERVICES UNDER THE UNION AND THE STATES

Chapter i: services.

308 Interpretation. 309 Recruitment and conditions of service of persons serving the Union or a State. 310 Tenure of office of persons serving the Union or a State. 311 Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State. 312 All-India services. 312A Power of Parliament to vary or revoke conditions of service of officers of certain services. 313 Transitional provisions. 314 [Repeated.]

CHAPTER II: PUBLIC SERVICE COMMISSIONS

315 Public Service Commissions for the Union and for the States. 316 Appointment and term of office of members. 317 Removal and suspension of a member of a Public Service Commission. 318 Power to make regulations as to conditions of service of members and staff of the Commission. 319 Prohibition as to the holding of offices by members of Commission on ceasing to be such members. 320 Functions of Public Service Commissions. 321 Power to extend functions of Public Service Commissions. 322 Expenses of Public Service Commissions. 323 Reports of Public Service Commissions.

PART XIVA: TRIBUNALS

323A Administrative tribunals. 323B Tribunals for other matters.

PART XV: ELECTIONS

324 Superintendence, direction and control of elections to be vested in an Election Commission. 325 No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex. 326 Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage. 327 Power of Parliament to make provision with respect to elections to Legislatures. 328 Power of Legislature of a State to make provision with respect to elections to such Legislature. 329 Bar to interference by courts in electoral matters. 329A [Repealed.]

PART XVI: SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES

330 Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People. 331 Representation of the Anglo-Indian community in the House of the People. 332 Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States. 333 Representation of the Anglo-Indian community in the Legislative Assemblies of the States. 334 Reservation of seats and special representation to cease after sixty years. 335 Claims of Scheduled Castes and Scheduled Tribes to services and posts. 336 Special provision for Anglo-Indian community in certain services. 337 Special provision with respect to educational grants for the benefit of the Anglo-Indian Community. 338 National Commission for Scheduled Castes. 338A National Commission for Scheduled Tribes. 338A National Commission for Backward Classes. 339 Control of the Union over the Administration of Scheduled Areas and the welfare of Scheduled Tribes. 340 Appointment of a Commission to investigate the conditions of backward classes. 341 Scheduled Castes. 342 Scheduled Tribes. 342A Socially and educationally backward classes.

PART XVII: OFFICIAL LANGUAGE

Chapter i: language of the union.

343 Official language of the Union. 344 Commission and Committee of Parliament on official language.

CHAPTER II: REGIONAL LANGUAGES

345 Official language or languages of a State. 346 Official language for communication between one State and another or between a State and the Union. 347 Special provision relating to language spoken by a section of the population of a State.

CHAPTER III: LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC.

348 Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc. 349 Special procedure for enactment of certain laws relating to language.

CHAPTER IV: SPECIAL DIRECTIVES

350 Language to be used in representations for redress of grievances. 350A Facilities for instruction in mother-tongue at the primary stage. 350B Special Officer for linguistic minorities. 351 Directive for development of the Hindi language.

PART XVIII: EMERGENCY PROVISIONS

352 Proclamation of Emergency. 353 Effect of Proclamation of Emergency. 354 Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation. 355 Duty of the Union to protect States against external aggression and internal disturbance. 356 Provisions in case of failure of constitutional machinery in States. 357 Exercise of legislative powers under Proclamation issued under article 356. 358 Suspension of provisions of article 19 during emergencies. 359 Suspension of the enforcement of the rights conferred by Part III during emergencies. 359A [Repealed.] 360 Provisions as to financial emergency.

PART XIX: MISCELLANEOUS

361 Protection of President and Governors and Rajprakukhs. 361A Protection of publication of proceedings of Parliament and State Legislatures. 361B Disqualification for appointment on remunerative political post. 362 [Repealed.] 363 Bar to interference by courts in disputes arising out of certain treaties, agreements, etc. 363A Recognition granted to Rulers of Indian States to cease and privy purses to be abolished. 364 Special provisions as to major ports and aerodromes. 365 Effect of failure to comply with, or to give effect to, directions given by the Union. 366 Definitions. 367 Interpretation.

PART XX: AMENDMENT OF THE CONSTITUTION

368 Power of Parliament to amend the Constitution and procedure therefor.

Also read: Bail: Laws in India

PART XXI: TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS

369 Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List. 370 Temporary provisions with respect to the State of Jammu and Kashmir. 371 Special provision with respect to the States of Maharashtra and Gujarat. 371A Special provision with respect to the State of Nagaland. 371B Special provision with respect to the State of Assam. 371C Special provision with respect to the State of Manipur. 371D Special provisions with respect to the State of Andhra Pradesh. 371E Establishment of Central University in Andhra Pradesh. 371F Special provisions with respect to the State of Sikkim. 371G Special provision with respect to the State of Mizoram. 371H Special provision with respect to the State of Arunachal Pradesh. 371-I Special provision with respect to the State of Goa. 371J Special provision with respect to the State of Karnataka. 372 Continuance in force of existing laws and their adaptation. 372A Power of the President to adapt laws. 373 Power of President to make order in respect of persons under preventive detention in certain cases. 374 Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council. 375 Courts, authorities and officers to continue to function subject to the provisions of the Constitution. 376 Provisions as to Judges of High Courts. 377 Provisions as to Comptroller and Auditor-General of India. 378 Provisions as to Public Service Commissions. 378A Special provision as to the duration of Andhra Pradesh Legislative Assembly. 379-391 [Repealed.] 392 Power of the President to remove difficulties.

PART XXII: SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT IN HINDI AND REPEALS

393 Short title. 394 Commencement. 394A Authoritative text in the Hindi language. 395 Repeals.

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January 7, 2020 at 12:10 pm

Sir, the preamble given here states ‘secular’ word and it states that it was accepted on 26 November 1949. As a matter of fact, the word ‘secular’ was added to Indian Constitution in 1976. And the preamble accepted on 26 November 1949 does not have secularism as it’s part.

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Essay on Constitution of India for Students and Children in 1000 Words

In this article, you will read about Constitution of India, its background, Constituent Assembly, Membership, Drafting, Structure.

Table of Contents

Essay on Constitution of India (1000 Words)

The supreme law of India is known as the Constitution of India. The framework of demarcating fundamental political code laid down in the documents, structure, procedures, powers, and duties of state institutions. It sets out fundamental rights , directive principles, and, therefore, the responsibilities of citizens.

The Constitution B. R. Ambedkar cannot override by the Parliament and Constitution of India on the 2015 India postage. It was embraced by the Constituent Assembly of India on 26 November 1949 and has become effective on 26 January 1950.

Background of Indian Constitution

India stopped to be a dominion of the British Crown and have become a sovereign democratic republic with the Constitution. Articles 5, 6, 7, 9, 8, 60, 324, 367, 366, 379, 388, 394, 391, 393, 392, and 380 of the Constitution came into force on 26 November 1949, and therefore on 26 January 1950, the remaining articles became effective.

Constituent Assembly

The home is perhaps aware that of the seven members nominated by you, one had resigned from the House and was replaced. One died and wasn’t replaced. Another one was away in America, and his place filled up, and another person was involved in State matters, and there was a void to its extent.

Membership in Constitution of India

Judges, like Alladi Krishnaswamy Iyer, K. M. Munshi, Benegal Narsing Rau, and Ganesh Mavalankar, were members of the assembly. Female members included Sarojini Naidu, Durgabai Deshmukh Hansa Mehta, Amrit Kaur, and Vijaya Lakshmi Pandit. Sachchidananda Sinha, who was the first two-day president of the assembly; Rajendra Prasad was later elected president. The group met for the first time on 9 December 1946.

Drafting of Constitution of India

The Constitution embraced on 26 November 1949, which was signed by 284 members. The day is widely known as National Law Day or Constitution Day; the day chosen to widespread the significance of the Constitution and to spread thoughts and concepts of Ambedkar.

Structure of Constitution of India

The Constitution of India is the world’s lengthiest for an autonomous nation. At its legislation, it had 395 articles in 22 parts and eight schedules. At about 145,000 words, it’s the second-longest active Constitution – after the Constitution of Alabama – within the world.

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Essay on Preamble Of Indian Constitution

Students are often asked to write an essay on Preamble Of Indian Constitution in their schools and colleges. And if you’re also looking for the same, we have created 100-word, 250-word, and 500-word essays on the topic.

Let’s take a look…

100 Words Essay on Preamble Of Indian Constitution

Introduction to the preamble.

The Preamble is like the introduction to the Indian Constitution. It tells us about the values and principles of the country. It is like a promise to its people to give them justice, liberty, equality, and to promote brotherhood.

Goals of the Preamble

The Preamble sets goals for India. It wants to make sure everyone is treated fairly and has the same rights. It also wants to keep the country united and maintain peace among all its people.

Words in the Preamble

The Preamble starts with “We, the people of India,” showing that the power of the government comes from the citizens. It talks about making India a sovereign, socialist, secular, and democratic republic.

Importance of the Preamble

The Preamble is important because it guides the people who make laws in India. It helps them remember the core values of the Constitution when they make decisions or create new laws.

250 Words Essay on Preamble Of Indian Constitution

The Preamble of the Indian Constitution is like an introduction to a book. It tells us about the values, principles, and goals of our country. It is the opening statement of the Constitution and gives us a brief idea of what the rest of the document is about.

What the Preamble Says

The Preamble declares India as a “Sovereign Socialist Secular Democratic Republic.” This means that India is free to make its own decisions, supports social equality, respects all religions equally, believes in fair and equal voting rights, and is run by the people for the people. It also aims to secure justice, liberty, equality, and to promote fraternity among all citizens.

The Goals of the Preamble

The Preamble sets the direction for the country. It aims to make sure that every person gets fair treatment, has the freedom to speak, think, and worship as they like, and is treated equally before the law. It also wants to make sure that people from different backgrounds feel like they belong to the same big family.

Significance of the Preamble

The Preamble is very important because it guides the people who make laws and the courts that explain these laws. It also helps the citizens understand the essence of the Constitution and the rights and duties it gives them.

The Preamble of the Indian Constitution is like a guiding light. It sets the path for the nation to follow and helps everyone understand the core values that India stands for. It is not just an introduction but the soul of the Constitution, reflecting the dreams and aspirations of its people.

500 Words Essay on Preamble Of Indian Constitution

Words and their meaning.

The Preamble starts with the words “We, the people of India.” This means all the rules in the Constitution come from the citizens of India. It says that India will be a “Sovereign, Socialist, Secular, Democratic Republic.” Sovereign means no other country can tell India what to do. Socialist means the wealth of the country should be shared fairly among its people. Secular means the government will treat all religions equally. Democratic means the people have the power to choose their leaders. Republic means the head of the country is not a king or queen but someone elected by the people.

The Preamble sets four main goals: Justice, Liberty, Equality, and Fraternity. Justice means everyone should be treated fairly by the law. Liberty means everyone has the freedom to speak, believe, and think what they want. Equality means everyone should have the same chance to succeed in life, no matter where they come from. Fraternity means we should all treat each other like brothers and sisters, and make sure everyone feels like they belong to India.

Changes to the Preamble

The Preamble was changed once. In 1976, three new words were added: Socialist, Secular, and Integrity. Integrity means that the country should be united and strong, with no parts wanting to break away.

The Preamble of the Indian Constitution is a short but powerful text. It shows the dreams and promises of India as a country. It tells us that India belongs to its people, and it is up to everyone to make sure the country is fair, free, equal, and friendly. The Preamble is not just an introduction to the Constitution; it is a promise of what India strives to be.

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  • Speech on Constitution of India

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Speech on Constitution of India for Students

The primary contribution of the national movement was its tangible political practice. The concepts of parliamentary democracy, republicanism, civil freedoms, social and economic fairness, which were among the fundamental ideas of the constitution, were popularised as a result of this. To preserve peace and justice, each nation has certain sets of rules for its people to obey. These rules describe that country, and together they form that nation's constitution. The right to equality, the right to citizenship, the right to freedom of religion, cultural and educational rights, the right against exploitation, and the right to constitutional redress are the basic rights of Indian people.

Long Speech on Constitution  

Today, I am here to deliver a speech on the constitution of India. Like any game with some rules of its own, each state has a constitution of its own. The Constitution lays down a set of rules to which the ordinary laws of the country must conform. It also includes a list of Fundamental Rights and Directive Principles. The process of the evolution of the constitution began many decades before 26 January, 1950, and has continued unabated since. Its roots may be traced back to the princely states' struggle for independence from Britain and efforts for responsible and constitutional administration.

Dr. BR Abmedkar Introduced the Draft Constitution

The constitution has also tried to minimize conflict between the Union and the states by clearly specifying the legislative powers of each. It contains three lists of subjects. 

The framers of the Indian constitution had borrowed freely and unabashedly from other constitutions, the wisdom of the US constitution, and its Supreme Court, the innovations of the Irish constitution, the British Parliament's time-tested norms, the administrative minutiae of the Government of India Act, 1935, and much more, including the substance of their own people's battle for independence — all went into the design and content of the Indian Constitution. The institutions created by it for fashioning a democratic structure have survived and evolved to meet the changing needs.

Features of Indian Constitution 

Adult Suffrage- Congress had demanded adult suffrage since the 1920s. The overwhelming consensus was in favour of direct elections by Adult Suffrage. The beauty of adult suffrage is that it forces the most elitist of candidates to seek the favour of the vote of the humblest voter.

Preamble- The Preamble contains the constitution's fundamental idea and driving spirit. According to the Preamble, the people of India made a solemn resolution in the Constituent Assembly to secure to all citizens "social, economic, and political justice; liberty of thought, expression, belief, faith, and worship; equality of status and opportunity; and to promote among them all, fraternity assuring the dignity of the individual and the unity of the nation.”

In the Indian constitution, the first kind is included under Fundamental Rights and the second under Directive Principles (54,55).

A Secular State- India is a sovereign, socialist, secular, and democratic republic, according to the constitution.

India's constitution became effective on January 26th, 1950, although it was adopted on November 26th, 1949, by the Constituent Assembly. A drafting committee led by Dr. B. R. Ambedkar wrote it. It is the longest written constitution that describes the strength, processes, and responsibilities of India's government institutions and provides a comprehensive account of the people of our country's fundamental rights and responsibilities.

It was originally handwritten, calligraphed, and also the longest Constitution in the world. India's Constitution is the supreme law drawn up by the Constituent Assembly of India, superior also to the Parliament since it does not circumvent it. India's status from "Dominion of India" was changed to the "Republic of India" with the Constitution coming into effect.

The basic rights and duties of people, the Directive Principles of State Policy, and the Federal Framework of the Government of India are included in the Constitution of India. In the Indian Constitution, every policy, right, and obligation have been clarified at length, making it the world's longest written constitution.

To get it approved, more than 2000 amendments had to be made to the Constitution of India. January 26th, 1950 was the day when the Republic of India began to be recognized as our land. Since then, January 26th has been celebrated as Republic Day. At different locations around the world, the Indian National Flag is hoisted and the National Anthem is sung to rejoice in the day. In 2015, National Constitution Day, a special day, particularly dedicated to the Indian Constitution, came into being.

Short Speech on Constitution  

Today, I am here to deliver a speech on the constitution of India. The constitution has provided a framework for the protection of the Fundamental Rights of freedom of speech and expression, including the freedom of the press, freedom of association, including the ability to join political parties of one's choosing, and create labour unions, among other things. Citizens' rights have been protected by courts.

A constitution can only be as good as the people who work it, as Rajendra Prasad noted at the time of its drafting. The constitution may well be a much-needed anchor of support in the turbulent times that may await us in the new millennium.

The decision to have written rights, a list of rights, a declaration of rights in the constitution marked a sharp break with British constitutional tradition and practice because of their colonial experience.

When read collectively, the Preamble, Fundamental Rights, and Directive Principles make it obvious that the constitution aspired to create the circumstances for the development of an equal society with safe individual liberties.

10 lines about Indian Constitution  

Our Constitution was influenced by a number of previous constitutions.

It is the world's longest constitution.

Dr. Bhimrao Ambedkar is the father of the Indian Constitution.

The Constitution's basic structure is based on the Government of India Act, 1935.

The Constituent Assembly met for the first time on December 5, 1946.

Writing the constitution took nearly three years.

The Constitution was Legally Enforced on January 26, 1950.

The National Emblem of India was adopted on January 8, 1950.

The Constitution was written in Hindi and English at the outset.

Each page of the constitution was specifically designed by an artist.

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FAQs on Speech on Constitution of India

1. According to the constitution, what is the role of the President?

The executive power is vested by the constitution in the President of India, but in the words of Ambedkar, he is a constitutional head who ‘occupies the same position as the King under the English Constitution. He is the head of the State but not of the Executive.

2. According to the constitution, what is the role of the Vice President?

If the President dies in office or is unable to perform his duties because of absence, the Vice-President is enjoined upon by Article 65 to act as the President. The Vice-President, who is elected for five years by both houses of parliament, is to act as the chairperson of the Rajya Sabha.

3. According to the constitution, what is the role of the Prime Minister?

The real executive power vests under the constitution in the council of ministers headed by the prime minister. The President appoints as prime minister the leader of the party that has a majority. Other ministers are selected by the prime minister and appointed by the President.

4. What is the role of Parliament?

The Indian parliament has two houses the upper house called the Rajya Sabha or the Council of States, and the lower house called the Lok Sabha or the House of the People.

5. According to the constitution, what is the legal age to vote in India?

Constitutional law states that all Indians above the age of 18 can vote.

EssayBanyan.com – Collections of Essay for Students of all Class in English

Essay on Indian Constitution

Every country needs some rules and regulations that could help the country to develop. Also, it will help people to live peacefully in the country. Like many countries, India does have these rules written in the form of the Indian Constitution. India possesses an incredible constitution in the entire world. The Constitution of India spells out the basic rights and responsibilities of each citizen. But now the questions arise how these rules are made? What kind of rules does it include? Who follows these rules? To know all these details, let us discuss Indian Constitution in detail.

Short and Long Indian Constitution Essay in English

Here, we are presenting short and long essays on Indian Constitution in English for students under word limits of 100 – 150 Words, 200 – 250 words, and 500 – 600 words. This topic is useful for students of classes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 in English. These provided essays on Indian Constitution will help you to write effective essays, paragraphs, and speeches on this topic.

Indian Constitution Essay 10 Lines (100 – 150 Words)

1) The Indian constitution is a set of rules and laws that help the country run well.

2) The Constitution tells how the government works, its powers, and its limits.

3) India’s Constitution is the longest one in existence.

4) There is a preamble on the first page of the Constitution.

5) The Indian constitution spells out the basic rights and responsibilities of each citizen.

6) It tells the people, the government, and other authorities how to act properly.

7) No one in India can do something that goes against the constitution.

8) It was the result of the hard work of 299 people.

9) The formation of the constitution of India was headed by Dr. Ambedkar.

10)  On January 26, 1949, the constitution of India was done and signed.

Short Essay on Indian Constitution (250 – 300 Words)

Introduction

India is a Sovereign, Socialist, Secular, and Democratic Republic that is run by parliament. This made it unique from the rest countries. India went from being called the “Dominion of India” to being called the “Republic of India” when the Constitution went into effect.

A Look at Indian Constitution

India’s political rules, procedures, and government powers are all set out in the constitution. People like Pandit Jawaharlal Nehru, Dr. Rajendra Prasad, Maulana Abdul Kalam Azad, Dr. Bhimrao Ambedkar, Sardar Vallabhbhai Patel, and many more were the prominent members of the Constituent Assembly. It spells out the Directive Principles of State Policy and the way the Government of India is set up. The Indian constitution also says how long the government will last and how it will be set up.

The Making of Indian Constitution

The Indian Constitution holds the record for the longest-written constitution in the world. It explains every law, power, and duty. The Constitution of India was made by Dr. BR Ambedkar and his team of six people who were on the committee. The writing committee also looked at the constitutions of Britain, France, and Japan, among other countries, to find useful ideas. During the writing of the constitution, many social, political, and economic factors were taken into account.

Our country is a democratic republic. A country’s Constitution is a set of rules and laws that guide how the country is run. In the eyes of the Constitution, everyone is the same. In his eyes, no one is small, no one is big, and no one is rich or poor. We should follow our constitution.

Long Essay on Indian Constitution (500 Words)

India got its independence on August 15, 1947. India had to deal with a lot of problems after it got its freedom. There was a need of making a constitution so that the country could be ruled. It was January 26, 1950, when India became a republic. The Constitution of India is also known as India’s highest law. The Indian Constitution is known for the biggest constitution in the world. In everyday language, it is also called the “Book of Law”.

History of Indian Constitution

After independence, the constitution of India was made. To write the constitution, Rajendra Prasad led a group of people who were in charge of the constitution. Dr. B. R. Ambedkar was in charge of making the Constitution of India. On December 9, 1946, the first meeting of the new Constituent Assembly took place. The next meeting was held on December 11, 1946, and Dr. Rajendra Prasad was in charge.

To get it passed, the Constitution of India was changed more than 2,000 times. In 2 years, 11 months, and 18 days, the country’s constitution was ready. The Constitution of India was signed by 284 people in the Constituent Assembly of India to show that they agreed with it. It was passed on November 26, 1949, and was fully put into place on January 26, 1950. India became a free and democratic country on January 26, 1950, when it went into effect.

Features of Indian Constitution

India is a Republic, which is written in the Constitution. The Constitution of India is known as the most important document because it explains in detail what each citizen of India has to do and what rights they have. It is the world’s longest-written constitution. It is made up of a preamble, 448 articles, 25 groups, 12 schedules, and 5 appendices. The well-written Preamble of the Indian Constitution explains in depth what the constitution is all about. It thinks that everyone should have the same rights, freedom, and justice.

Our Constitution is written in a way that leaves no room for confusion. The original Indian Constitution was written by hand and in a style called calligraphy. The Constitution of India was made by the country people. There is no outside influence at all. The Constitution says that India is a federal system with many features of a unitary system. India has split power between the central government and the states. The Constitution of India is very clear about what its citizens have to do.

Our constitution is unique. The constitution of India is a present for the people who live in this country. It has been a big part of keeping peace and prosperity in the country. The Constitution of India is a guide for the people who live here. So, the Indian Constitution is clear about everything. We should follow the duties and enjoy the rights provided to us as Indian citizens.

I hope the above provided essay on Indian Constitution will be helpful in understanding the history and features of the Indian Constitution.

FAQs: Frequently Asked Questions on Indian Constitution

Ans. On 26 November, India celebrates Constitution Day every year.

Ans. Dr. B.R Ambedkar is considered the “Father of the Indian Constitution”.

Ans. It took almost three years (2 years, 11 months, and 18 days) to draft the Indian constitution.

Ans. At first, there were 395 Articles, 22 Parts, and 8 Schedules in the Constitution of India. The Constitution now has 448 Articles, 25 Parts, and 12 Schedules.

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Constitution of India Essay

The constitution of India became effective on 26 th  January 1950; though it was adopted by the Constituent Assembly on 26 th November 1949. It was written by a drafting committee headed by Dr. B. R. Ambedkar. It is the longest written constitution that defines the power, procedures and responsibilities of the government institutions of India and gives detailed account of the fundamental rights and duties of the citizens of our country.

The original Indian Constitution is hand written, calligraphed and also the lengthiest Constitution in the world. The Constitution of India is the supreme law of India drafted by the Constituent Assembly, superior even to the Parliament, as it cannot over rides it. With the Constitution coming into effect, India’s status from “Dominion of India” was changed to the “Republic of India”.

Long and Short Essay on Constitution of India in English

Here are long and short essay on Constitution of India to help you with the topic in your exam.

After going through the Constitution of India essay you will know about the features of Constitution, who was in the drafting committee of the constitution, which other constitutions is the Indian constitution inspired from, how long does it took to draft the Constitution, and other facts of the Constitution of India.

You can use these essays in your school’s essay writing competition, debate competition or other similar events.

Short Essay on Constitution of India (200 words)

The Constitution of India was drafted under the chairmanship of Dr. B. R. Ambedkar who is known as the Father of the Indian Constitution. It took almost three years to draft the Constitution. Various socio-political and economic aspects of the society were taken into consideration while drafting the Constitution. The drafting committee also referred to the Constitutions of various other counties including Britain, France and Japan to seek valuable inputs.

The Constitution of India includes the Fundamental Rights and Duties of the citizens, the Directive Principles of State Policy and the Federal Structure of the Government of India. Every policy, right and duty has been explained at length in the Indian Constitution thereby making it the longest written Constitution in the world.

More than 2000 amendments had to be made in the Constitution of India in order to get it approved. It was adopted on 26th November 1949 and was enforced completely on 26 th January 1950. This was the day when our country began to be known as the Republic of India. 26 th January is since then celebrated as the Republic Day. The Indian National Flag is hoisted at various places across the country and the National Anthem is sung to rejoice the day. National Constitution Day, a special day dedicated particularly to the Indian Constitution, came into being in 2015.

Essay on Importance of Constitution of India (300 words)

Introduction

The Constitution of India is known to be the supreme document that gives a detailed account of what the citizens of India can and cannot do. It has set a standard that needs to be followed to ensure law and order in the society and also to help it develop and prosper.

Constitution Defines the Fundamental Rights and Duties of Indian Citizens

The fundamental rights and duties of the Indian citizens have clearly been defined in the Constitution of the country. The Fundamental Rights of the Indian citizens include the Right to Equality, Right to Freedom, Right to Freedom of Religion, Cultural and Educational Rights, Right against Exploitation, Right to Constitutional Remedies. These are the basic rights that all the citizens of the country are entitled to irrespective of their caste, colour, creed or religion.

Some of the fundamental duties of an Indian citizen are to respect the constitution, honour the national flag and national anthem, protect the unity, preserve the heritage of the country, protect the integrity and sovereignty of India, promote the spirit of brotherhood, have compassion for living creatures, strive for excellence, protect public property and contribute his/ her bit in maintaining peace. These are also mentioned at length in the Indian Constitution.

Constitution Defines the Structure and Working of the Government

The structure and working of the government is also stated at length in the Constitution of India. The Constitution mentions that India has a parliamentary system of government. This system is present at the centre as well as in the states. The Prime Minister and the Union Council of Ministers have the power to take all the major decisions. The President of India, on the other hand, has nominal powers.

Dr. B.R. Ambedkar along with his team of six members who were a part of the drafting committee came up with the Constitution of India. The Constitution was approved after several amendments. Many amendments have also been done after the enforcement of the Constitution.

Essay on Formation of Constitution of India (400 words)

The Constitution of India came into form on 26 th November 1949. A special committee was formed to draft the Constitution that gives a detailed account of the practices that are deemed lawful and those deemed unlawful and are punishable. The Constitution was enforced on 26 th January 1950. With the enforcement of the Constitution, our country came to be known as the Republic of India.

Special Drafting Committee for the Constitution of India

The task of drafting the Constitution of India was that of great responsibility. The Constituent Assembly set up a special drafting committee to further this work. There were seven members in the drafting committee. These included prominent Indian leaders namely, B.R. Ambedkar, B.L. Mitter, K.M. Munshi, N. Gopalaswami Ayengar, Alladi Krishnaswami Ayyar, DP and Mohammad Saadullah. Dr. B.R. Ambedkar headed the drafting committee. Ambedkar is referred to as the Father of the Indian Constitution. This is because it was under his guidance and supervision that this big draft came into form.

Indian Constitution – Inspired by Constitutions of Other Countries

The constitution of India drew inspiration from the constitutions of various other countries. Many of the concepts and acts included in our constitution are borrowed from the constitutions of countries such as France, Germany, Japan, Australia, USA, Britain, Ireland, Russia and South Africa.

The drafting committee of the Indian Constitution also referred to the Government of India Act 1858, the Government of India Act 1919 and 1935 and the Indian Independence Act 1947 to get an idea about the acts and features to be included in the Constitution. These previous acts helped the committee understand the condition and requirement of the citizens of the country. Our Constitution is thus often referred to as the bag of borrowings. It consisted of as many as 395 articles, 22 parts and 8 schedules at the time of its enactment. It was handwritten and calligraphed.

After putting in immense efforts when the drafting committee presented the final draft of the Constitution of India, it was suggested to make several amendments. The committee sat together to make more than 2000 amendments to get the Constitution approved. The members conducted several discussions to make appropriate amendments for getting the approval. 284 members of the Constituent Assembly of India signed the Constitution to give their approval on the same. This was done two days before the enforcement of the constitution.

The Constitution of India is a massive piece of writing that includes a detailed account of the dos and don’ts for the Indian system. It has undergone around 100 amendments since it came into form.

Essay on Constitution of India (500 words)

Constitution of India – The Supreme Power of Country

The Constitution of India is rightly said to be the supreme power of the country. The laws, codes, rights and duties mentioned in the Indian Constitution need to be followed strictly by the citizens of the country. The decisions made in the parliament and Supreme Court of India are all based on the laws and codes defined in the Constitution of India. Parliament of India does not have the power to override the constitution.

Dr. B. R Ambedkar – The Chief Architect of Indian Constitution

Dr. B. R. Ambedkar headed the drafting committee formed to write the Constitution of India. He was the chairman of this committee. He contributed immensely in the formation of the Constitution by giving several valuable inputs and thus came to be known as the chief architect of the Constitution of India. There were six other members in the drafting committee which was formed by the Constituent Assembly of India. These members worked under the guidance of Dr. Ambedkar.

Constitution of India Replaced Government of India Act

The Government of India Act, 1935 acted as the fundamental governing document of India until the formation of the Constitution of India. The Constituent Assembly of India adopted the Constitution of India in November 1949. Many of the articles of the Constitution came into force at that time. The Constitution was effectively enforced on 26 th January 1950 which came to be known as the Indian Republic Day. The remaining articles became effective on this date. Our country which was until then called the Dominion of the British Crown thereafter came to be known as the Sovereign Democratic Republic of India.

Special Days to Celebrate the Constitution of India

Republic Day

The formation and enforcement of Indian Constitution is celebrated at a grand scale on the Republic Day each year. Republic Day is a national holiday in the country. A massive event is organized at India Gate, New Delhi on Republic Day to honour the Constitution of the country. The constitutional head of India, i.e., its president hoists national flag at Rajpath. The Prime Minister and President of India and several Chief Ministers of different states of the country are present at the event. Parades by school kids and armed forces are held on Rajpath. School children also perform dances and other cultural acts. Parade of beautiful tableau displaying the culture of various Indian states is also held during the event.

Several small events are organized at different offices and schools throughout the country to commemorate the Indian Constitution. Painting, essay and music competitions are held in schools and colleges. Patriotic songs are sung and speeches about the Constitution of India are delivered.

National Constitution Day

In the year 2015, Indian Prime Minister, Narendra Modi, gave the suggestion to dedicate an exclusive day to our constitution. Since the Indian Constitution was adopted on 26 th November 1949, this date was chosen to honour the constitution. 26 th November is being celebrated as the National Constitution Day since 2015.

Many small and big events are organized in schools, colleges and government institutions across India on this day. The importance of the Indian Constitution is emphasized during these events. Patriotic songs are sung and cultural activities are organized to celebrate the day.

The Constitution of India has been prepared with precision considering the interest of the common man as well as the overall interest of the country. It is a gift for the citizens of our country.

Long Essay on Constitution of India (600 words)

Enforced on 26 th January 1950, the Constitution of India was prepared by a committee consisting of seven members headed by Dr. B. R. Ambedkar. It guides the citizens of India, the country’s government bodies and other authorities to act in the right manner. It has played a significant role in maintaining peace and prosperity in the country.

Salient Features of the Constitution of India

Here are the top salient features of the constitution of India:

Longest Written Constitution

The Constitution of India is the longest written constitution in the world. It took almost three years to write this detailed constitution. It has a preamble, 448 articles, 25 groups, 12 schedules and 5 appendices. It is much lengthier than the US Constitution that includes only 7 Articles.

Amalgamation of Rigidity and Flexibility

The Constitution of India is a mix of rigidity and flexibility. While it is the supreme power that needs to be followed diligently to maintain law and order in the country, the citizens can appeal to amend the provisions they deem outdated or stern. While certain provisions can be amended with some difficulty others are easy to amend. As many as 103 amendments have been done in the Constitution of our country since its enforcement.

The Preamble

The well drafted Preamble of the Indian Constitution gives a detailed account of the philosophy of the constitution. It states that India is a Sovereign Socialist Secular Democratic Republic. It is a welfare state which puts its people first. It believes in equality, freedom and justice for its people. While democratic socialism was followed right from the beginning, the term Socialism was added only in 1976.

India – A Secular State

The Constitution has declared India a secular state. India does not give special status to any religion. It provides its citizens complete freedom to choose their religion. It condemns religious groups instigating people in the name of religion.

India – A Republic

The Constitution declares India to be a Republic. The country is not ruled by a nominated head or monarch. It has an elected head called the President. The President, elected indirectly by the people of the country, comes to power for a period of 5 years.

India – A Mix of Federalism and Unitarianism

The Constitution describes India as a federal structure with many unitary features. It is referred to as a Quasi-Federation or a Unitarian Federation. Just like a federation, India has divided power among the centre and states. It has a dual administration system. It has a written, supreme constitution that needs to be followed religiously. It includes an independent judiciary embedded with the power to decide centre-state disputes. At the same time it has unitary features such as a strong common constitution, common election commission and emergency provisions to name a few.

Fundamental Duties of Citizens

The Constitution of India clearly states the fundamental duties of its citizens. Some of these are to upload and protect the sovereignty, unity and integrity of India, respect the national flag and the national anthem, preserve the rich heritage of the country, protect the natural environment, safeguard public property and treat everyone equally.

Directive Principles of the State Policy

The Directive Principles of the State Policy are also mentioned in the Constitution of India. These principles are basically the guidelines provided to the state to further socio-economic development aims via its policies.

The Constitution of India serves as a guiding light for its citizens. Everything is well-defined in the Indian Constitution. It has helped India attain the status of a Republic. Dr. B. R. Ambedkar and the members of the drafting committee of the Indian constitution have indeed done a commendable job for which they will always be remembered.

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Constitution of India: Historical Background

The Constitution of India holds a unique place in the country’s history. This is because it created a sovereign republic that is the modern state of India. The history of the Constitution offers some interesting insights into the state of affairs before Independence. It took persistent efforts for several years to draft and enact our Constitution.

History of the Constitution

Constitution of India

The Indian Constitution is one of the most comprehensive documents of its kind. Apart from being the longest, it is also famous for containing all minute details governing the Indian state.

Before Independence, India consisted of two entities: the British government and the princely states. It is the Constitution which formally ended these two distinctions and created the Union of India.

The Constitution of India is its lex loci,  i.e. the parent of all laws in India. This basically means that all laws of Parliament and state legislatures derive their authority from the Constitution. Even the three pillars of the Indian state – legislature, executive and judiciary- derive authority from the Constitution.

Without the Constitution, we would not have the administrative machinery which runs India. Even the fundamental rights and duties of the people would not exist without the Constitution.

Browse more Topics under Indian Constitution

  • Features of the Indian Constitution
  • Union and Its Territory (Article 1 – 4)
  • Citizenship (Article 5-11)
  • Fundamental Rights – Right to Equality
  • Fundamental Rights – Right to Freedom
  • Fundamental Rights – Right against Exploitation (Very Short Article)
  • Fundamental Rights – Right to Freedom of Religion
  • Fundamental Rights – Cultural and Educational Rights
  • Fundamental Rights – Saving of Certain Laws
  • Fundamental Rights – Right to Constitutional Remedies
  • Directive Principles of State Policy
  • Emergency Provision and Special Provisions of the Indian Constitution
  • Indian Parliament – Structure of Indian Parliament
  • Indian Parliament – Functions of Indian Parliament

History of Indian Constitution

The history of the Constitution of India is very insightful as it explains exactly how it came into being. It also explains why India chose the Parliamentary form of democracy in its modern form.

The British came to India in the 17th century initially for trading only. Eventually, after slowly gaining more power, they attained the rights to collect revenue and govern themselves. In order to do this, they enacted various laws, rules and regulations.

According to the Charter Act of 1833, the Governor General of Bengal became the Governor General of India. It also created a Central Legislature, which, in a way, made the British supreme rulers of India.

The rule of the Company itself finally ended with the Government of India Act in 1858. As a result, the British Crown became ruler of India and administered the country through its government.

The Indian Councils Acts of 1861, 1892 and 1909 started giving representation to Indians in the Viceroy’s councils. They also restored legislative powers back to some provinces. In other words, they adopted decentralization of powers between the Centre and the provinces.

The Government of India Act, 1919

According to this Act, legislative councils came into existence in all provinces of the government. In other words, the British adopted a bicameral structure with separate central and provincial governments. This was also the first time when people could elect their own representatives through direct elections . The Constitution later adopted this quasi-federal and bicameral structure.

The Government of India Act, 1935

The enactment of this law is one of the most important events in the history of the Constitution. Firstly, this law divided powers of governance into a Federal List, a Provincial List and a Concurrent List. Even the Indian Constitution adopted such division of powers between the Central and state governments.

Secondly, this Act granted more autonomy of self-governance to the provinces. It even established the Federal Court, which we now refer to as the Supreme Court of India.

The Indian Independence Act of 1947

This Act marks the final step in the departure of the British from India. India became a truly independent and sovereign state after this Act. The Act established governments at the central and provincial levels. It also laid down the foundation of the Constituent Assembly.

Constituent Assembly

Members of the provisional assemblies indirectly elected members of the Constituent Assembly. This assembly served as the first ‘Parliament’ of independent India and first met on 9 December 1946 in Delhi. After Independence, the Assembly elected Dr Rajendra Prasad as its Chairman and began drafting the Constitution.

Dr Ambedkar became the head of the Drafting Committee. This is why he is called the Father of the Constitution. After more than two years of deliberations, the Assembly finally approved the Constitution on 26 November 1949. This is why we celebrate this day as Constitution Day today.

The Assembly finally adopted the Constitution on 26 January 1950. India formally became a sovereign republic that day. This is why we celebrate 26 January as India’s Republic Day.

Questions on History of the Constitution

Question: State the missing words in the following sentences.

(a) The three pillars of the Indian state derive their authority from the __________.

(b) The __________ Act allowed Indians to elect their representatives for the first time.

(c) __________ was the chairman of the Constituent Assembly.

(d) India celebrates Constitution Day on __________.

Answers:           (a) Constitution          (b) Government of India Act, 1919          (c) Rajendra Prasad          (d) 26 November

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Indian Constitution

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Article Contents

I competing constitutionalism, ii constitution-making and judicial expectations, iii tribals and the making of the constitution, iv assembling india’s constitution-making.

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Assembling India’s Constitution: Towards a New History *

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Rohit De, Ornit Shani, Assembling India’s Constitution: Towards a New History, Past & Present , Volume 263, Issue 1, May 2024, Pages 205–248, https://doi.org/10.1093/pastj/gtad009

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The framing of India’s constitution was a critical event in the global history of both constitution-making and democracy. Conventionally it has been analysed as a founding moment. Its success against multiple odds has been explained as resulting from a vision and consensus among the elite over what would become a pedagogical text for an ‘ignorant’ and undemocratic public. This focus among academics on political elites, and an underlying assumption that constitutional details were beyond the public’s imagination, limited the scope of investigations largely to the Constituent Assembly debates. By directing the inquiry away from these debates towards hitherto unstudied documents, this article offers a paradigm shift in the method of research and understanding of India’s constitution-making. It explores the constitution as it emerged from beyond the Constituent Assembly through engagement with its making among diverse publics. In doing so, it shows that the Indian constitution was not simply founded and granted from above, but came about through many smaller acts of assembly away from the Constitution Hall. It was the public who set normative expectations and tried to educate the members of the Constituent Assembly, and this was critical for the constitution’s future reception and endurance.

As the clock struck eleven on 9 December 1946, the Constituent Assembly convened for the first time in the Constitution Hall, New Delhi, to begin its prodigious task of framing a constitution for the soon-to-be-independent India. It was far from inevitable that the 205 Assembly members, among them ten women, who met that morning in what was described as ‘an atmosphere charged on the one hand, with enthusiasm, and on the other, with uncertainty’, would ultimately succeed in producing a constitution for India. 1

The legitimacy of the Constituent Assembly was not unquestioned at that point, and neither was the underlying scheme for its establishment and terms of reference, which had been set a few months earlier by the British Cabinet Mission. 2 The legislative assemblies of the provinces of British India chose the members of the Indian Constituent Assembly. These had themselves been voted into office in the 1946 elections on a very limited franchise that was structured along religious, community and professional lines according to the Government of India Act 1935, the last colonial constitutional framework for India, to which Indian leaders and political parties were fiercely resistant.

In the face of the imminent transfer of power, the political future of India, its people and territory remained uncertain. The partition of the subcontinent would be declared only six months later, when grievous violence between Hindus and Muslims was already on the rise across the country and even outside the Constitution Hall itself. Wide-scale illiteracy and poverty, and profound social divisions, made the task of framing a constitution for a democratic state in India whose authority would reside in the people all the more complicated.

The making of the Indian constitution was a critical event and a unique experience in the global history of constitution-makingand democracy. 3 Unlike in so many other Asian and African countries, where constitutions at the time of decolonization were largely a ‘parting gift’ of the colonial rulers, Indians wrote their constitution for themselves. 4 Most postcolonial democracies and their constitutions were short-lived, but while the Indian constitution failed to live up to many of its promises, over seventy years and against many odds it has played a key role in sustaining the biggest democracy in the world. Moreover, India set itself apart from Western democracies by writing its constitution on a grand scale, unprecedented in terms of its territory, population size, demographic complexity and the number of autonomous political units it sought to integrate into a single federal structure; and it enfranchised all its adults at a stroke. India’s constitution-making was not limited to shaping a new political structure, but was intended to transform the social and economic life of the people.

The conventional understanding has been that the Indian constitution was a product of elite consensual decision-making, and that India’s constitution-makers endowed it from above; it has been described as ‘a gift of a small set of India’s elites’. 5 In line with this view, studies of the making of the Indian constitution, both older and more recent, have focused their investigations on the three years of the Constituent Assembly debates in the Constitution Hall, between December 1946 and November 1949. These voluminous debates, spread over 5,546 pages in a set of five books, have formed their principal source for understanding the constitution-making process and its implications for India’s democracy. In the main, these studies have examined the transformative power of the ideas that were being advocated, and the politics of crafting an elite consensus around the constitution. 6 They have understood the document as a pedagogical text aiming to educate an ‘ignorant’ and undemocratic public. Indeed, scholars have largely assumed that constitutional politics and its details were beyond the imagination, interest or capacity of the Indian people, and that the constitution-making process did not occupy their concerns. 7 As a leading work on Indian democracy put it, ‘Most people in India had no idea of what exactly they had been given’. 8

Thus, most scholars have continued to work, albeit implicitly, on the assumption that the participation of the Indian public during the process of constitution-making was limited. 9 It is not surprising, therefore, that the Indian experience is seen as having little relevance for recent debates about the centrality of public participation in constitution-making. Reviewing recent scholarship on India’s constitution, Cheryl Saunders concludes that ‘there does not appear to have been any systematic attempt to engage the public directly with the process, which might, in any event, have been both difficult and tokenistic in the conditions of the time’. 10

Focusing primarily on the Constituent Assembly debates as it does, scholarship on the Indian constitution has relied substantially on the materials and terms of debate set by Granville Austin’s seminal book The Indian Constitution: Cornerstone of a Nation (1966). Drawing on this imagery of a cornerstone, scholars have conceived the writing of the constitution as a founding moment. 11 Thinking through this notion of a founding moment has meant that scholars examined what they saw as a moment of origin, aiming to build something new, based on a common purpose. The result is often viewed as monumental, and, like monuments, it was also fixed, or associated with a single place and moment. This has further contributed to a focus on the Constituent Assembly debates, narrowing the gaze to the Constitution Hall in New Delhi, often with the assumption that the key to understanding India’s constitution-making can be sought in the thoughts and actions of a small group as they finalized the text. 12

It is noteworthy that Austin also conducted extensive interviews with surviving members of the Constituent Assembly and consulted their private papers, although, perhaps relying on a statement made by the secretary of the Assembly, H. V. R. Iyengar, he observed that much of the work of constitution-makinghappened outside the Assembly, in informal conversations and private chats. 13 However, as Vikram Raghavan has pointed out, despite this insight Austin’s text itself ‘is a lot more dependent on [the Assembly debates] rather than his piercing into so-called informal spaces of Indian Constitution making’. 14

Furthermore, there were other formal and critical spaces of constitution-making at the time which remained obscured by scholars’ focus on the notion of founding and on the Constituent Assembly debates. When the Assembly embarked on theconstitution-making process, two-thirds of India’s future territory lay outside its legal jurisdiction. At that time, spread throughout the subcontinent were more than 550 princely states that covered about 45 per cent of its territory, with a population of nearly ninety-three million. Many of the states were in the process of framing their own constitutions, and the Assembly had no powers of framing any constitution for this territory. The making of the Indian constitution thus entailed assembling the constitutions of each of the princely states into a future constitutional order. In fact, diverse publics across the country read and deliberated on the anticipated constitution in a range of sites, including durbars (princely courts), in judges’ chambers and in tribal villages in deep forests. These facets of India’sconstitution-making have been ignored.

By turning the focus of inquiry away from the Constituent Assembly debates, this article offers a paradigm shift in the method of research and understanding of the making of India’s constitution. On the basis of a new and broad range of archival and other materials, the article offers the first historical inquiry into the making of the Indian constitution as it emerged beyond the Constitution Hall, through ceaseless dialogues and disparate interactions between princes and subjects, important representatives of state institutions and members of the public, many from the social margins, and the Constituent Assembly. This article suggests that the storeyed halls of the Assembly were only one of multiple spaces where the Indian constitution was being engaged with, debated, contested and produced. The members of the Assembly, it shows, were not the sole participants in the constitution-making process. The embryonic constitution had vibrant life outside formal legal chambers, which was critical for its future reception and legitimacy. The 5,546 pages of the Assembly debates represent a tiny sample compared with the thousands of pages of wide-ranging deliberations around the making of the constitution outside the Assembly.

It is suggested in this article that the making of the Indian constitution entailed a process of fitting together (‘assembling’) disparate but simultaneous constitution-making efforts across the country. The Indian constitution emerged from competing constitutionalisms at different places and orders of power that involved large and distinct publics. It was not, as we have been accustomed to think, simply or exclusively the product of the Constituent Assembly. The notion of assembling better represents the making of the Indian constitution, driven by contestations rather than consensus. 15 Various social groups and state officials reconstituted themselves as constitutional actors, seeking, in many ways, to make their history anew. This process created a surge in democratic aspirations and a politics of hope; it generated a sense of ownership in the constitution and thus decolonized it; and it created an order of expectation from it which meant that the process of its making and the political energies it unleashed did not conclude with its mere formal adoption. The resilience of the Indian constitution grew out of the fever of expectations for it from across the subcontinent.

To clarify, this article is not suggesting that the making of the constitution simply engendered public interest, or that it led to a proliferation of engagements with constitutionalism well beyond the Constituent Assembly in anticipation of the new constitution. Instead, it offers a fundamentally new perspective which inverts the perceived sequence of events, arguing that it was the proactive engagement with the issue among diverse publics from mid 1946 onwards that led to the burgeoning of constitutionalism and turned the making of the constitution into an open site of politics.

It was the public who set the normative expectations for the constitution, and who tried to engage and educate the members of the Constituent Assembly regarding their aspirations for it. Even though many of their ambitions for the constitution failed, this process prevailed in significant ways over the text and was key to its success. Exploring how diverse publics made purposeful efforts to insert themselves into the making of the constitution, and sometimes even to take charge of it, helps us to understand the constitution’s socio-political and cultural meaning, its early acceptance and use, and its endurance. Abstract constitutional ideas could not in themselves have guaranteed a successful transition into a new constitutional structure, which the notion of founding, focusing on the making of the text, cannot capture.

While the public’s initial engagement with the Constituent Assembly contributed in some instances to the shaping of the text before its enactment in January 1950, a focus on these early influences obscures the significance of their efforts. The public deliberations on the constitution created a sense of ownership of it by the people, and legitimized it. The constitution-making thus did not end at the moment of its founding, but remained an active site of public assembling in pursuit of their claims and aspirations. Prioritizing these processes of public engagement over those of the production of the constitutional text, this article explores how three sets of actors beyond the Constituent Assembly, among many others, engaged with it at the time of its making.

Section I explores constitution-making in the princely states. The princely (or Indian) states, which were not part of British India, retained varying degrees of sovereignty under the paramountcy of the British Crown. But with the imminent attainment of independence, all the rights that had been surrendered by the states to the British Crown were to return to them. At the beginning of the Constituent Assembly debates, the princes declared that ‘The entry of the States into the Union of India . . . shall be on no other basis than that of negotiation, and the final decision shall rest with each State’, and that the ‘Constitution of each State, its territorial integrity, and the succession of its reigning dynasty in accordance with the custom, law and usage of the State, shall not be interfered with by the Union’. 16 Thus, constitutionalism in the princely states posed a challenge to the making of the Indian Union, and these processes within the states often outpaced the making of the constitution in Delhi.

Section II focuses on the engagement of judges with the draft constitution as they were reimagining and attempting to shape an independent postcolonial judiciary. The success of the future constitution demanded a smooth transition of the organs of the colonial state to the postcolonial order. The state apparatus had to begin this transition even before the constitution was finalized, in the interim between independence and becoming a republic (1946–50), when much of the administration was in flux. Colonial state officials, many of whom were Indian, had in the past resisted reforms and held onto autocratic power. 17 Moreover, state organs like the judiciary had developed over time a strong sense of professional collective identity and acted on occasion to advance their own interest. 18 For them, transferring their loyalty to the new state and its constitutional order was not an obvious outcome.

Section III examines how people from the margins of Indian society and territory, the so-called ‘backward tribes’ (Adivasi), wrote themselves as constitutional actors. Converting the diverse peoples of India into a single ‘We, the people’ in whose name the constitution was to be enacted could not have come about simply through published pronouncement. Tribal people, like other groups of people across India, had their own imaginings and expectations of what the constitution and their relationship to it should be. Numerous tribal groups comprising at least 14 per cent of the population now put forward their own constitutional visions, for example asking for tribal-majority provinces where their ‘customary law [would be] supreme’ or demanding ‘rights of territorial unity and solidarity and self-determination’ within a province. 19 Uncovering the active and reflective engagement among people from the farthest social and territorial margins of India with making the constitution throws new light on this process and its trajectory in succeeding decades.

On 14 August 1947, while the ‘Entire Delhi [was] kept awake to witness the historic event of ushering in the freedom of India at the hour of midnight’ and ‘wild scenes of jubilation’ were witnessed across the city, His Highness the Rajadhiraj Sahib, ruler of Shahpura state, located in what is now Rajasthan, gave assent to his state’s new constitution. 20 The twenty-four-page constitution granted the people of Shahpura full responsible government based on universal franchise. It declared the ruling prince as constitutional head of state, with all his executive, legislative and judicial powers to be exercised through the State Council, its Assembly and the courts respectively. It contained a section entitled ‘Fundamental Rights including General Directions of State Policy’, which specified in its general preface that ‘Citizens of the State have the right to all these opportunities and conditions of life and work which are essential for a fuller and richer development of human personality’. 21 The jubilant people of Delhi, only 410 kilometres away, were yet to be the bearers of such rights. However, the inauguration of the Shahpura constitution did not prevent the prince from signing, the next day, the instrument of accession to the Dominion of India in the three areas of defence, external affairs and communications, as many other princely states did at the same time. The following month, the state’s reforms towards responsible government gathered further momentum as the post of dewan (chief administrator) was abolished and an interim government headed by a prime minister was formed. 22

Shahpura was a very small state almost 320 years old, with an area of 405 square miles and a population of only 61,173. Thus, in the annals of India’s constitutionalism, its efforts to establish a constitution might not seem significant. But it was just one among numerous princely states that were engaged with constitutional reforms and constitution-making processes which challenged India’s constitution-making and the endeavour to create a single union. Manipur, in the north-east, adopted a constitution which, on 26 July 1947, provided for fundamental rights and separation of powers, and recognized the maharaja as its constitutional head. 23 The maharaja of Patna declared the setting up of a representative constitution-making body on 24 October 1947, just at the moment when the first draft of the Indian constitution was ready. That same month, M. R. Jayakar, until the previous May a member of the Constituent Assembly, advised the Gwalior state Constitutional Reforms Committee not to depart, in their proposed constitution, ‘from the model now in vogue, for instance, at Mysore’. 24 This pattern, of general steps towards constitutions based on the principle of representative government, was repeated in numerous other princely states. These included Aundh, Banswara, Baoni, Baria, Baroda, Barwani, Benares, Berar, Bhavnagar, Bhopal, Bhor, Bikaner, Bilaspur, Cochin, Dhami, Dhenkanal, Gondwana, Gwalior, Hyderabad, Idar, Indore, Jaipur, Jammu and Kashmir, Jaora, Jhabua, Khairagarh, Kolhapur, Kotda, Kutch, Mayurbhanj, Miraj, Morvi, Mysore, Nagod, Narsingpur, Orchha, Palitara, Pallahara, Panna, Porbundar, Pudukkottai, Raigarh, Rajkot, Rampur, Ranpur, Ratlam, Rewa, Sailana, Sangani, Sangli, Sarangarh, Seraikella, Sitamau, Sohawal, Tehri-Garhwal, Theog, Travancore, Udaipur and Vadia. 25 Thus, by the mid 1940s, constitution-making processes had become the norm and occupied much of the political agenda in the princely states. So far we have traced sixty-two states that framed their own constitution, and 286 others that were involved in making constitutions for unions of states, which shaped the new constitutional landscape. This fact has gone largely unnoticed in the study of India’s constitutionalism. 26

These constitution-making processes within the states were driven by movements for popular government among local peoples. 27 From 1946 these processes became increasingly interlinked with India’s constitution-making. In the face of the imminent ending of paramountcy, both rulers and the people acted out of a sense of urgency and self-interest to frame their own constitutions: princely rulers were looking for ways to ensure the survival of their states, and the people were eager to secure popular government and democratic rights. In many states the constitution-making processes outpaced the work of the Constituent Assembly or progressed in parallel with it. The people of many princely states thus became the legal bearers of freedom of speech, for example, as well as freedom of religion and equality of opportunity irrespective of sex or community, two years before Indians across the subcontinent were granted such fundamental rights with the enactment of the constitution. By the mid 1940s, constitution-making within the princely states became the norm and occupied much of the political agenda. This article argues that these multiple constitution-making processes gradually transformed the nature of princely sovereignty and the aspirations of subjects. These developments within the princely states gave rise to widespread constitutional dialogue between rulers and constitution-makers within the states, and their engaged public. Constitutionalism in the princely states was like an insistent refrain to India’s constitution-making. In this iterative process, constitutionalism became the standard discourse through which to think about and act on political aspirations for democratic government. Moreover, driven by similar popular expectations, the numerous parallelconstitution-making processes in the states produced comparable constitutional templates that could ultimately be assembled into the new Indian constitutional fold.

The case of the rather autocratic and underdeveloped Rewa state, which was ‘bigger than Belgium and Holland’ and was the largest of the Central India states in both territory and population, provides evidence for this dynamic. 28 On 16 October 1945, on the first day of the Hindu holiday of Dussehra, Maharaja Gulab Singh of Rewa announced his intention to grant responsible government to the people of the state. He pledged to bring in a system of administration based on ‘adult franchise, common electorates and no weightage or special representation’ that would ‘provide for the protection of every religion and civilization’. 29 In the presence of 130,000 people, he stated that the viceroy of British India

gave out that a constitution-making body should be formed for the establishment of self-government in India, which body should include representatives of the States . . . It is very essential that the Rewa people should be able to take part in the work of constitution-making for all-India. It is therefore proper that the people of Rewa should be granted responsible government. 30

The maharaja explained that this would enable Rewa, ‘according to its tradition, to take a share in the future development of India maintaining at the same time the freedom of the Bandhavas [members of the clan of Rewa]’. ‘Rewa’, he concluded, ‘belongs to the Rewa people’, and a government for them and by them was their birthright. 31 Although some states had previously initiated political reforms, such proclamations and the subsequent appointment of constitutional committees were introduced and perceived to be linked to the impending setting up of the Indian Constituent Assembly.

Soon afterwards, the Crown representative deposed the maharaja. 32 However, the outgoing maharaja’s stated intentions were respected. His son, the new maharaja, was enthroned on 6 February 1946, and the same month the state issued a press communiqué announcing the appointment of a committee to frame a constitution for Rewa. 33

The search for a chairman for the Rewa Constitutional Reforms Committee was initially undertaken by the Crown representative’s office in New Delhi and the resident for Central India. Sir Tej Bahadur Sapru, Dr M. R. Jayakar and Sir Gopalaswami Ayyangar, all of them towering legal figures, were approached in turn, but none accepted the position. 34 Then Sir Alladi Krishnaswamy Ayyar, formerly an advocate-general of Madras, and Sir C. B. Mangaonkar, a former Bombay High Court judge, were invited. Sir Alladi agreed on the condition that, among other things, it would not preclude him from giving advice if consulted by a British Indian politician in connection with the forthcoming constitutional discussions. 35

The new Rewa government agreed to Alladi’s appointment, and on 1 April 1946 the new maharaja announced a Constitutional Reforms Committee for the establishment of popular government in the state. 36 But things changed soon after Sir Alladi delivered his plan for the process of framing a constitution for the state. He suggested that prior to convening the committee, its secretary should collect all the available reports, books, papers and information that might be useful to the committee, meet the state’s ministers and heads of department and gather their suggestions. He arranged to conduct the committee’s first meeting in either Madras or Bangalore, his places of residence. At this meeting, the committee was to set its programme and procedures, and compose a questionnaire to be issued and translated into Hindi. Sir Alladi intended to distribute the questionnaire ‘only to representative institutions and . . . only to such persons as by reason of their outstanding experience or position, may be expected really to give helpful information or suggestions to the Committee’. He also contemplated the setting up of subcommittees ‘for special purposes, such as Franchise, Finance and Taxation’. These subcommittees were to have the power to grant personal interviews to whoever wished to offer their opinion; however, he noted, ‘such interviews will have reference only to the points raised in the questionnaire’. Finally, he set his terms of employment, asking not to be required to proceed to Rewa until the cold weather season, and therefore to conduct the work of the committee and hold meetings at one of his homes. He also submitted a proposal for his remuneration, which was seen by the British resident to be ‘outlandish’. 37

Sir Alladi’s plan followed the blueprint of colonial reforms committees led by external experts who were to decide on future legislation and who invited the views of specified groups and leading individuals on the basis of limited terms of reference. It was perhaps not surprising, therefore, that his plan for the Constitutional Reforms Committee aroused objections, even resentment, among the people of Rewa and its government. The pawaidars (landlords) protested that ‘We do not need a constitution drawn out of one’s bookish knowledge alone. We want a practical constitution that may suit us according to our needs and conditions. These cannot be ascribed from outside’. The members of the District Congress Committee, Baghelkhand, lodged a similar complaint and warned that they would not co-operate with the committee if it held its sittings outside the state. 38

The Rewa government also found Sir Alladi’s proposal ‘not altogether suitable’ and ‘most unsatisfactory’ on similar grounds. 39 Attuned to public opinion, it proposed an alternative plan for adoption by the Constitutional Reforms Committee: the committee was to hold all its meetings in Rewa state, and its headquarters were to be in Rewa town so as to make it accessible ‘to anyone in the State who desires to obtain information or put in statements, or other papers before the Committee’. 40 The Rewa government suggested that the chairman should

make a brief tour of the State with different members of the Committee or with officials in order to gain an overall idea of the accurate administration in the rural areas of the State, degree of development of the people, institutions and other matters relevant to this enquiry. He could also be brought in touch with the people in the different tracts of the State during his tour. 41

The prime minister of Rewa, moreover, was concerned that ‘the complete lack of knowledge of Hindi both of Sir Alladi and [of] his secretary’ would be a hindrance for non-English-speaking witnesses before the committee, and might prejudice its work. 42

In the face of public pressure to deliver on the maharaja’s promise to appoint a Constitutional Reforms Committee, and anxious that the committee should begin its work as early as possible, the Rewa government suggested an alternative chairman, Sir Hari Singh Gour. 43 He knew Hindi, and was familiar with local conditions. The election of Sir Alladi to the Constituent Assembly soon after provided a pretext for his dignified resignation as chairman of the committee before it had even been officially set up, and Sir Hari accepted the chairmanship on 26 August 1946. 44 A month later, the Rewa government appointed the Constitutional Reforms Committee, which was to recommend ‘the form of constitution most suited to the needs of the Rewa State’. 45 It began its work on 2 October 1946, and concluded its sittings after nearly eight months, on 25 May 1947. 46

The committee contacted the people of the state for their views on a future constitution, and, on 12 November 1946, published a questionnaire addressed to the public in the Rewa Gazette and in the weekly Prakash , both in Hindi and in English. 47 The committee ‘received 79 written replies bearing signatures of hundreds of persons. Printed replies were received through the Praja Mandal Offices [People’s Association] numbering 2,945 over the signatures or thumb impressions of different individuals’. 48 The chairman of the committee, Sir Hari, reported that many people had

expressed a desire to interview the Committee and place their views before it. To meet their desire and also to make an intimate study of the conditions prevailing in the State, the Committee undertook an extensive tour.

It interviewed 333 witnesses, although

many persons, sometimes the numbers running into thousands, used to be present at the meetings of the Committee held for the examination of the witnesses . . . Hindus, Muslims, Pawaidars and tenants, businessmen and labourers, backward classes and tribal people, have all placed their respective points of view before the Committee.

The chairman noted, moreover, that the committee was

received with great enthusiasm and courtesy from the people wherever we went. Their statements were characterised with utmost frankness which enabled us to appraise the true political situation in the State. 49

The questionnaire the committee designed, and the way it addressed the responses, represented a form of participatory constitution-making. It was composed of fifty-three questions, seeking feedback on issues such as whether a popular government should be established in stages, and what the status of the maharaja and the nature of his power should be. Some questions went into detail, such as how many members should compose the legislature; what the minimum age of a member of the legislature should be; and whether there should be reserved seats, for whom, and how candidates to these seats should be elected. One question asked what matters the legislature should not be authorized to consider; and the final, open question left space for additional comments. 50 The respondents were also requested to give details about themselves or the organization they represented.

Almost all the associations that submitted their views had already been formed in anticipation of the setting up of the Constitutional Reforms Committee. 51 The demands of marginal groups, such as Muslims, Scheduled Tribes and Scheduled Castes (formerly known as untouchables), are particularly telling. Rewa’s Muslim Association objected that as a minority they would ‘not gain anything by the immediate introduction of full responsible government. Their fate [would] be sealed, and their miseries . . . perpetuated’. 52 They thus preferred the gradual implementation of a popular form of government in stages, and requested that the maharaja should remain as ‘constitutional sovereign’ because they were ‘more secure and safe in the hands of the Ruler[s] . . . who have, without exception, invariably followed the long established tradition of protecting . . . their Muslim subjects’. 53 They also asked for 25 per cent of seats in the future legislature to be reserved for them.

The Raj Gonds tribal group was also sceptical about a full responsible government, describing their exploitation by the people of the northern districts of Rewa who were educationally advanced and dominated the state’s services. They stated that ‘a Constitution affecting His Highness’s powers will not be acceptable to us’. They demanded reserved seats in the legislature, and that ‘Special steps should be taken to educate us to the level of other castes before we are asked to march along with them’. They noted that the committee’s questionnaire was not ‘intelligible’ to them, but they replied to the parts which they ‘have been able to understand’. Representatives of Scheduled Castes and ‘Depressed and Backward classes’ expressed similar concerns about a ‘party Government’ under which, in their view, the ‘socially and economically superior classes’ would have the advantage and their position would worsen. They therefore also favoured retaining the rule of the maharaja. In fact, maintaining the maharaja as a constitutional head was the one thing the diverse people of Rewa agreed upon. Even the Praja Mandal, which demanded full responsible government, stated that the ‘Maharaja is the living embodiment of the individuality and of the unity of the people of Rewa’. 54

In addition to the replies to the questionnaire, the committee was also in possession of copies of at least ten constitutions and constitutional acts that had already been framed by other princely states. 55 In its recommendations, the committee addressed the particular concerns of groups from the social margins of Rewa. ‘Any constitution which we frame’, stated the chairman, Sir Hari, ‘must not only meet the aspirations of the intelligentsia but also make due allowance for the objections of the less enlightened. A constitution is a political arrangement not an exercise in logic’. The committee recommended the establishment of a representative legislature and the introduction of a popular element in the executive; it suggested enfranchising in stages, with at first only 150,000 people, establishing local government institutions, and declaring fundamental rights. The maharaja was to remain as constitutional head. The committee saw these as ‘the first step on the democratic path’. 56

Upon the Constitutional Reforms Committee submitting its report on 27 May 1947, the Rewa government published it widely, inviting comments and suggestions from individuals and associations for consideration in the State Council before the maharaja announced his final decision. In the interim, elections to an Advisory Council with a majority of elected members took place in June 1947 on a franchise based on property and educational qualifications. The State Council was reconstituted ‘so as to find room for two non-Illakadar [landlord] Ministers’, though it had yet to be given statutory powers. 57 Groups among the illakadars and pawaidars expressed dissatisfaction with the Constitutional Reforms Committee and unsuccessfully demanded a round-table conference to devise a different scheme for an interim government. But the prime minister decisively rejected these demands.

It is not clear from the archival trail whether the new constitution for Rewa was inaugurated before the state became part of the United State of Vindhya Pradesh, which was composed of thirty-five covenanting princely states, on 4 April 1948. 58 At that point, a new process had begun, setting up a body to frame a constitution for Vindhya Pradesh. Framing its own constitution was often a precondition for a state to enter into a union, as well as a basic demand of its people. The Indian government, through the Ministry of States, facilitated the formation of unions of states out of contiguous princely states, seeing these new sovereign entities as stages in the process towards their ultimate merger with the Indian Union. The draft constitutions of covenanting states defined more clearly the relations between the unions of states and the Indian Union and dealt with the potential constitutional discrepancies between the two.

Rewa’s constitution-making story was one example of similar processes that took place at the time across the subcontinent. Although many of the newly produced state constitutions were short-lived, it was through these multiple overlapping processes of constitution-making that princely polities and people adopted constitutional language and used it to imagine their political future. Their assembling was an essential part of the making of the Indian Union. Moreover, the making of the Union hinged on the state apparatuses of the nascent Indian state, aligning with and transitioning into the new constitutional order. The judiciary, for example, which in anticipation of democracy was to become a separate, independent branch of the state, had a particular stake in the making of the constitution. Thus, judges across India, both as individuals and as a collective, engaged in an unprecedented manner with the constitution-making process and with the Constituent Assembly.

In June 1948, Sir Harilal Kania, the chief justice of the Federal Court of India, presided over the inauguration of the Guwahati High Court in the province of Assam and delivered a widely circulated public address. 59 This little-studied speech was highly unusual. Firstly, it marked the beginning of the practice whereby the chief justice of an appellate court in Delhi would inaugurate high courts in other parts of India, signalling its superior status. The Federal Court of India, over which Chief Justice Kania presided, was only a decade old and had a narrow appellate jurisdiction, and the judges of the high courts across India resented and actively contested its authority. 60 However, by early 1948, with the circulation of the draft constitution, it was clear that the Federal Court would be elevated to a Supreme Court, exercising wide jurisdiction over all courts in India, and its chief justice would become the face of judicial leadership. 61

Secondly, Chief Justice Kania’s speech broke a tradition of judicial reticence. In it, he offered a critique of the new nationalist governments, and made a case for judicial independence, aligning the goals of the judiciary with that of the national movement led by Gandhi. Observing that the country was in a ‘transitional phase’, he noted that the composition and powers of the legislatures had changed, and with the absence of a political opposition, laws were being approved at speed: often ‘more than half a dozen bills were approved in the course of an hour’. The decision to set up a high court in Guwahati had been taken in just a few weeks with little consultation. Kania famously noted, ‘in view of the fact that the opposition at present is negligible, the role of the judiciary . . . [is] all the more important’. 62 Describing the new powers of the high courts to issue writs as ‘the most powerful weapons which a citizen could claim for redress against . . . the executive’, he made the case for a judiciary that would be independent and free from executive control. The colonial judiciary, of which Chief Justice Kania had been a member since 1930, had rarely advocated for itself or criticized the government in public, other than in written judgments. 63

Finally, and perhaps most strikingly, Chief Justice Kania addressed his expectations and apprehensions about the future constitution of India. On the basis of his year-long experience of working with the post-independent government, he recommended certain provisions to be written into the new constitution. Noting with dismay the growing tendency to ‘communalize judicial appointments’, or to privilege jobs for ‘persons belonging to the party in power’, he argued for judges to be appointed by the judiciary on ‘merit’ and experience. Since the high court was responsible for the administration of justice in the ‘public eye’, it needed to be the controlling voice in the selection of judges. 64

The Indian judiciary has been seen largely as a creation of the constitution, engaging with it after its promulgation. 65 However, as this section will demonstrate, Chief Justice Kania’s speech was one of several public and private initiatives by the Indian judiciary to shape the constitution from outside the Constituent Assembly while it was still being written. Indeed, newly discovered archival materials show that the experience of working with the postcolonial governments prompted almost all sitting judges from across the high courts and the Federal Court to push actively for changes in the draft constitution. In consideration of the anticipated effects of the proposed constitution on both the citizenry and the judiciary, and in the face of problems they encountered during the daily routine of the courts, they sought to ensure an autonomous judiciary in the future. The sparse scholarship on the drafting of the provisions regarding the judiciary pays no attention to this. Despite their sweeping impact, the Constituent Assembly debates on the judiciary have generally been described as brief, meriting little public attention, and as being a consensual technical exercise. 66 Indeed, at the time Assembly member N. G. Ayyangar expressed surprise during the debates that ‘so important an issue as the constitution and the functioning of the Supreme Court’ could take up so little time in the Assembly. 67 Reading only these debates leaves the impression that the Assembly simply accepted the recommendations made by the Ad Hoc Committee on the Supreme Court. 68

This view of the judges as passive actors in the constitution-drafting process was heightened by the Federal Court’s reluctance to take on a publicly political role as an arbitrator for the Constituent Assembly. In June 1946, the British Cabinet Mission had recommended that the Assembly should consult the Federal Court on matters of constitutional importance. The chief justice of the Federal Court, Sir Patrick Spens, expressed ‘considerable doubt’ about the validity of such a consultation. He declared that the Federal Court, as a statutory body with limited powers, would not entertain any referrals from the Assembly unless its recommendations were binding; otherwise, it would be ‘useless and derogatory to the prestige of the Court’. 69

The judges were acutely conscious that the basis of their authority and legitimacy was about to be changed, and intervened in an attempt to influence the draft constitution, for which initially there had been little or no input from them. Upon reading instalments of the draft published in newspapers in February 1948, Chief Justice Ram Lall of the East Punjab High Court wrote directly to Jawaharlal Nehru, noting with concern that there were ‘glaring defects which had the potential of incalculable mischief’. Nehru forwarded Chief Justice Lall’s concerns to the Constituent Assembly Secretariat on 1 March 1948. The very next day, perhaps anticipating a flood of outraged correspondence, the Secretariat dispatched an official letter to all the high courts asking the judges for their comments on the draft constitution. 70

Close to a hundred high court judges offered individual feedback in addition to the collective statement from each high court. The comments ranged from terse paragraphs on a specific provision, to line-by-line commentary on the draft constitution taking issue with ‘clerical errors’ and defective wording, and extensive memorandums offering radically distinct visions for the constitution. 71

Chief Justice Bidhubhushan Malik of the Allahabad High Court offered the most extensive memorandum, emphasizing ways in which the postcolonial constitution needed to make a break from the past. His first priority was a new provision to restrict the practice of setting up special tribunals, which removed jurisdiction from the courts, particularly in political cases. These special tribunals were not to be bound by the procedural safeguards and rules of evidence that governed ordinary courts. Chief Justice Malik quoted Article 70 of the Irish Free State constitution, which stipulated that ‘No one shall be tried save in due course of law and extraordinary courts shall not be established’. He argued that the constitution should provide that ‘extraordinary courts’ should be convened only for the duration of a presidentially proclaimed emergency. 72 He criticized the continuation of the colonial practice of special legislation and ordinances that allowed for arrest or detention without trial, and demanded that the constitution should guarantee all accused the right to counsel. 73

While Chief Justice Malik offered a vision of a new constitutional order built on a break from the repressive legal practices of the colonial era, his colleague Justice P. N. Sapru imagined a new judicial architecture with a single supreme court divided into a court of appeal and a high court which could sit on benches across India. The provincial high courts would be abolished and the higher judiciary would be transformed into a single unified body supported by revenue from the Union government. Justice Sapru argued that such a scheme would provide a unified system of law and justice, avoid conflicts of law, protect the judicial administration from ‘provincial influences’, and evolve a uniform civil code. 74

However, the overwhelming majority of judges viewed the draft constitution as an attempt to restrict judicial powers and make them subservient to an elected government. The Calcutta High Court stated that the ‘most striking features of the draft constitution are the omission of any provisions to secure independence of the judiciary’. 75 The Allahabad High Court saw the draft as an ‘attempt to reduce the High Court to the position of a department in the provincial government’. 76

The judges almost unanimously protested that the subordinate judiciary, district and local courts, with which the majority of citizens interacted, remained under the supervision of the executive. Even the minimal protections under the Government of India Act 1935 that required the provincial governments to consult with the high courts over administering the subordinate judiciary had been removed. The Allahabad High Court wrote that it would be ‘suicidal’ to allow the provincial governments to have complete control over the subordinate judiciary, which included all civil, criminal and revenue courts in the provinces. 77 The Madras High Court also pointed out that the Government of India Act 1935 had gone further than the draft constitution in giving the high courts power to appoint their own staff and formulate their own conditions of service free from interference from the provincial government. The Madras High Court also recommended that no legislation affecting the judiciary should be introduced in the parliament or state legislatures without the prior approval of a body comprising the president, the chief justice of India and the chief justice of the province. 78

The opinions of judges were not confined to their chambers but echoed throughout the legal profession. The Calcutta Weekly Notes , a leading law reporter for the province of Bengal, was unequivocal in condemning the draft constitution for giving the ‘complete go-by to judicial independence’. As the editors remarked in the words of the fable, ‘we asked for a king and we got a stork’. 79

The bulk of the criticism focused on what appeared to be minor provisions regulating the conditions of service of judges, which they argued had implications for their independence. Chief Justice Lall noted that, unlike the Government of India Act 1935, which laid down the age of retirement as 60, the draft constitution left the power to raise the retirement age to the provincial legislature through ordinary legislation. While seemingly innocuous, this could incentivize judges desiring an extension to their service to canvass politicians and ‘strike at . . . the dignity and independence of the court’. Similarly, provincial ministers could weaponize the raising and lowering of the retirement age for judges, effectively giving them the power to dismiss ‘inconvenient and independent judges’. 80 The judges also painstakingly pointed out the implications for the independence of the judiciary of some of the provisions on qualifications, salaries and limitations on post-retirement practice. 81

Through sometimes caustic commentary, the judges offered an expansive vision of judicial autonomy which should not be compromised by a popularly elected executive. Justice T. I. Sheode of the Nagpur High Court elaborated this distinction lyrically, noting that the executive in a democratic state was bound to be a fluctuating body, ‘like the clouds it may come and go’, and therefore should not be allowed to exert its influence over the judiciary by arrogating to itself the power to control it. 82 Justice R. S. Pollock, also of the Nagpur High Court, expressed a fear that there was ‘little enthusiasm’ for a strong and independent judiciary within political circles in India. 83

With the formal circulation of printed copies of the draft constitution to the Federal Court and the high courts, the judges convened a conference of the Federal Court and the chief justices of all the high courts in Delhi, on 27 and 28 March 1948, to formulate a ‘collective opinion’ on the draft. This was the first gathering where judges across India presented themselves as a united front, authorizing Chief Justice Kania to convey their unanimity to the Constituent Assembly. 84 Both the organization of the conference in itself, and the memorandum they produced, showed that the judiciary viewed itself as a unified national entity, distinct from both central and provincial governments.

The memorandum reflected an awareness of the changed polity with a ‘democratic government’ in which the independence and integrity of the judiciary was of the highest importance to citizens who sought redress against ‘illegal acts and [the] high-handed power of the executive’. 85 The judges presented themselves as a body that had until now played an independent role in protecting the rights of individual citizens. They expressed concern over ‘a tendency . . . [to] detract from the status and dignity of the judiciary and to whittle down their powers, rights and authority’, which would only intensify as more power was devolved into the hands of political parties. 86

At the time of independence, the higher judiciary was the most Indianized branch of the administration, but with the coming of the universal franchise, the executive could claim greater representative legitimacy than the judiciary. What then would be the basis for judicial authority?

The joint memorandum expressed concern that since independence judicial appointments were being made according to ‘political, communal and party considerations’ and rarely on merit. When the chief justice of a high court proposed the names of judges to the premier and home minister of a province, his recommendations were not being forwarded to the Union government. 87 Instead, politicians were asking judges to be nominated who were expected to co-operate with the government, and, conversely, the judiciary was being used as a dumping ground for inconvenient politicians. The chief justices were aghast at being reduced to corresponding with junior bureaucrats on appointments, and felt that they were being treated as a minor government department. Thus, they unanimously recommended that the draft constitution be amended to allow the chief justice of a high court to forward recommendations directly to the president, who would appoint the judge in concurrence with the chief justice of India. This would allow a high court to avoid having to justify its recommendations to the provincial government in question, and would immunize it from local party and political considerations, giving the judiciary the final say on its own composition.

These recommendations arose from the judges’ own experiences with judicial appointments after independence. Under the Government of India Act 1935, an elected provincial premier had no say in judicial appointments; judges were appointed by the secretary of state for India. However, on the eve of independence the Home Ministry issued a memorandum of procedure that required the provincial chief minister, the provincial home minister and the Union home minister to be involved in the selection of judges. 88

The judges’ memorandum also offered a road map for insulating the judiciary from both the executive and the legislature by asking for a provision in the draft constitution according to which no former minister could be appointed a judge. It also suggested that members of the Indian Civil Service (ICS) should be barred from becoming permanent judges. This was a particularly audacious recommendation, given that a third of all high court judges had been recruited from the ICS and selected through the same appointment process as other high-ranking bureaucrats. The cadre of ICS judges included B. N. Rau, the adviser to the Constituent Assembly. By opposing the recruitment of judges from the ICS, the higher judiciary was strengthening the perception that ICS judges tended to favour the executive and that an independent judiciary should be drawn from the Bar. In a separate memorandum, Justice Sheode elaborated further, arguing that recruitment of the judiciary from the Bar provided both legal expertise and a spirit of independence. 89 The Congress had long demanded separation of the executive from the judiciary, but after assuming power had suddenly dropped their objections to ICS judges. 90

Judges felt that it was necessary to have uniformity of position, status and privileges across the high courts. Conditions of service had varied greatly in colonial India, with judges in smaller high courts like Nagpur and the Oudh Special Court receiving considerably lower salaries than their counterparts in Bombay or Allahabad. 91 The judges therefore demanded that the right to fix the jurisdiction of high courts, salary conditions, leave and pensions should be entrusted to the Union government and removed from the provincial executive. Their memorandum also required a constitutional guarantee against the reduction of judicial salaries, arguing that judges appointed before independence were entitled to the conditions of service they had been promised in the Indian Independence Act 1947. A reduction in salary would not only compromise the independence of the judiciary but make it harder for them to persuade distinguished lawyers to give up legal practice to become a judge.

The Constituent Assembly received thousands of submissions, but a unanimously endorsed memorandum from the entire judicial establishment had to be considered seriously by the drafters. The memorandum was circulated across the Home Ministry, the Law Ministry and the office of the constitutional adviser, B. N. Rau, and the consolidated comments were discussed in four cabinet meetings. The home minister, Sardar Patel, rejected the judges’ critique of judicial appointments, stating that it was not based on facts and that the new procedure was better in screening out ‘favouritism and communal considerations’. He noted that he had personally stepped in several times to check these tendencies, and asserted that by allowing for conversations between the political class and the judiciary, the new procedure eliminated the possibility of conflict and ‘bad blood’ between the executive and the judiciary, and attempts by the high court to circumvent provincial appointments. He opposed granting the chief justice power of veto over appointments. Patel’s comments in themselves gave ample evidence of the mistrust between the two branches as he attacked the judiciary for the ‘fundamental misconception [that] they seem to think that they alone are the custodians of what is right, what is just’. 92 While the judiciary made the case for checking political self-interest, Patel was calling for safeguards against the prejudices of a chief justice.

Unsurprisingly, the one suggestion with which Patel was in ‘entire sympathy’ was the recommendation that judges’ conditions of service should be regulated by central government to create uniformity. Unlike colonial India, where each high court was a largely autonomous entity, the political class envisaged the transfer of judges between provinces, with some politicians arguing for it to be the norm that judges should be appointed from outside the province. 93 While the Constituent Assembly had emphasized centralized authority shaping provisions for emergency powers, taxes, planning and federalism, it was the judges who pushed for the centralization of the judiciary.

Generally, the drafting of a constitution is understood as a linear process, with a draft being circulated for comments, suggestions being incorporated and the revised draft being debated and eventually promulgated by the constitution-making body. However, the Indian judiciary was able to draw upon its embeddedness within the state structure and personal connections with politicians to make repeated interventions for changes in the draft constitution. Even a year after the Constituent Assembly had debated constitutional provisions regarding the judiciary, judges across the various high courts were writing to the home minister demanding adjustments to salaries, the retirement age and the right to practise after retirement. 94 These repeated interventions, which included telephone conversations and lunches with judges, led to new amendments being forwarded to the Assembly for consideration. 95 At length, an exasperated B. R. Ambedkar, chair of the Constitution Drafting Committee, noted that all these points had been raised repeatedly through multiple memorandums, and that the provisions relating to the judiciary were among those ‘that [had] received the greatest and most serious consideration’ from the committee. For instance, he himself had withdrawn from discussion the clauses on judicial privileges originally scheduled for debate on 27 May 1949, to be enacted two months later incorporating changes based on suggestions made by several high court judges. 96

The judges used their physical and social proximity to the Constituent Assembly to intervene at multiple points in the making of the constitution to shape the Indian judiciary and its independence. But it was not only agents of the state apparatus who sought to have a say about the future constitution and their place in it. Even people who were distant from the Assembly geographically, politically and socially, from the so-called ‘backward, excluded and partially excluded areas’, made efforts to insert themselves into the process, and some even embarked on constitution-making of their own.

On 20 February 1947, three weeks after the Constituent Assembly had set up the Advisory Committee that was to report to it on fundamental rights, the protection of minorities, and a scheme for the administration of the tribal and excluded areas, a letter addressed to the committee arrived from the remote and sparsely populated ‘excluded area’ of Lahaul (Lahoul) and Spiti in the Kangra district of Punjab. The ‘petitioners’, it seems, were not even sure that the members of the Advisory Committee were aware of their existence. ‘The present petitioners’, they wrote, describing in detail their location,

belong to Lahoul, a tract of area bounded on the North by Chamba State, South Rohtang Pass and Kulu Sub Division, East Kashmir and Jammu State and Tibet and West Chamba State and Bhangal . . . it is situated at an elevation of 10 thousand feet above sea level.

They estimated that the combined population of Lahaul and Spiti was at most eighteen thousand, and noted that there was ‘no medical aid of any sort’, ‘no telegraph office in the area’ and ‘no veterinary hospital’. They demanded that ‘they should at once cease to remain as excluded areas, should have a special representation in the local bodies as well as provincial and central legislatures’, and that a ‘Special development department for these areas with the object of bettering economic, cultural, educational and political status should be created’. 97

The letter was timely. A week later, on 27 February, the Advisory Committee set up three subcommittees to make recommendations on the future administration of the tribal and excluded areas. Historically, the Government of India Act 1919 had made provision for the notification of areas that were excluded from the authority of the reformed provincial governments, which at that point afforded very restricted representation to Indians in the legislatures on the grounds that in these ‘backward areas’ the people were ‘primitive and there is as yet no material on which to found political institutions’. 98 The ensuing Government of India Act 1935 defined excluded and partially excluded areas to which no act of the federal or provincial legislatures applied unless the governor so directed. Again, the exclusion of these areas from the democratic reforms was based on the view that the state of development of the inhabitants ‘prevents the possibility of applying to them methods of representation adopted elsewhere’. 99 The three subcommittees were assigned to report, respectively, on the North-East Frontier (Assam) tribal and excluded areas, on the excluded and partially excluded areas other than Assam, to which Lahaul and Spiti belonged, and on the North-West Frontier Province and Baluchistan. 100

The general note that was prepared for the meeting before the subcommittees commenced their work had presumed that ‘Areas where no system of representation is practicable must remain unenfranchised and the question arises as to the best way of administering the area’. Similarly, a few provincial governments, for example in the memorandum from Assam, advised that it was ‘too premature’ to think of a system of representative Government for some of the tribes of the excluded areas. The Punjab memorandum suggested that, ‘On account of its inaccessibility’, Spiti should not be brought ‘under the normal system of administration’, whereas the Lahaul area should no longer be considered an excluded area because ‘it is now reported to be well developed and suitable for inclusion in the general administration’. 101

The subcommittees toured the excluded and partially excluded areas, hearing from witnesses and representatives of many of the tribes, some of whom also submitted written memorandums. They also co-opted tribals from these areas as members of the subcommittees. The subcommittees submitted their separate and joint reports by 25 September 1947, and their recommendations were incorporated into the draft constitution of February 1948 but not discussed by the Constituent Assembly until September 1949.

A close reading of the subcommittees’ reports and recommendations, and of the Constituent Assembly debates, leaves the impression that the tribal people of India, especially those from the excluded and partially excluded areas, were almost oblivious to their future administration and constitutional position; their views and wishes are absent from these records. Moreover, the provisions for the administration of tribal areas, which were set out in the Fifth and Sixth schedules of the constitution, ultimately instituted new forms of exclusion of the tribal people from India’s democratic transition. In a departure from the original draft, the final provisions granted the governors, as the direct administrators of these areas, increased powers. The authority of the state legislatures, the tribe advisory councils that were to be formed in defined ‘Scheduled Areas’, and the district and regional councils in Assam was restricted. Assembly member Gopinath Bardoloi, who chaired the subcommittee on the North-East Frontier (Assam) tribal and excluded areas, explained to the Assembly that ‘the time may come when they may become fit to govern themselves’. 102 The press was broadly in agreement with the final provisions, suggesting that ‘there was danger, particularly in some Scheduled Areas, of the initiative allowed under the original Draft being misused . . . Moreover, elected tribal representatives are likely to be of the sophisticated type, out of touch with their more primitive fellows and susceptible to political influences from outside’. 103

Scholarship on the current dire conditions of India’s tribal people and on the complications of administering the tribal areas after independence largely traces the roots of the trouble to the constitutional arrangements made in 1947. Nandini Sundar, for example, argues that ‘many of today’s problems may be traced back to the anti-democratic and authoritarian impulses of some of the Constitution’s makers’, and also notes the racist nature of the Assembly debates, especially in relation to the Sixth Schedule, which lays down structures of governance for India’s north-eastern tribal regions. 104 In exploring how ‘past injustices were being written into the Constitution’, scholars have analysed the constitutional debates, and the politics that surrounded them, specifically relating to the Congress Party and its dynamics of marginalizing tribal leaders such as Assembly member Jaipal Singh Munda. 105 Shaunna Rodrigues has suggested that the Assembly’s ‘formulation and application of murky boundaries to demarcate among and across tribal communities within its territory deliberately avoided the pursuit of detailed knowledge and routinised administration of its subjects in these areas’. 106 This happened, as Rodrigues recognizes, despite members of the Assembly having at their disposal ample evidence and detailed knowledge about tribal views and expectations of the constitution.

The subcommittee on the North-East Frontier (Assam) tribal and excluded areas produced a volume in two parts containing 557 pages of evidence and memorandums submitted by a large number of tribal organizations. These were made available to the members of the Constituent Assembly. Moreover, we have thus far traced eleven folders from the archive of the Assembly containing close to fifteen hundred pages of memorandums from other tribal groups, and of correspondence between them and the Assembly, on the position of the tribal and excluded areas in the future constitution. We also found such documents in the private papers of Assembly members. These materials are clear evidence that tribal groups across India sought to make themselves legible to the Assembly, asserting their identities and fighting to include themselves in the constitution on their own terms. 107

On 10 December 1946, a day after the Constituent Assembly began its proceedings in Delhi, the Chittagong Hill Tracts (CHT) People’s Association met in picturesque Rangamati, in eastern India, to discuss their concerns about the proposed constitutional changes. They had been ‘taken aback’ a day earlier when the colonial district commissioner and the raja of the Chakma tribes addressed a festival gathering on the subject of their plans for the constitutional changes but invited only the village headmen to attend a subsequent meeting at the raja’s palace to discuss these provisions. Many people who ‘were willing to give expression to their own opinions’ were left disappointed, and protested against the district commissioner’s limited attempts to gather public opinion, seeing the privileging of clan and village headmen as a ‘sinister attempt to suppress popular opinion’. 108 The district commissioner was following a long-established practice of soliciting the opinion of tribes through traditional authorities like chiefs and headmen, but by 1946 it was increasingly clear that the assumption that these traditional tribal authorities could speak for the people would be strongly contested and that the dominant discourse was one of democracy and popular representation.

Indeed, so powerful was the language of popular representation that traditional chiefs sought to co-opt it. Within a month, the Chakma raja’s relatives had formed the Chittagong Hill Tracts Hillsmen Association and had begun to make representations to the Constituent Assembly. The CHT People’s Association, which had been established six years earlier, pointed out that the Hillsmen Association consisted of merely twenty-one people and had been created to suppress public opinion and to elevate the raja’s authority in the future constitution. 109 The CHT People’s Association sent their own delegation to the Assembly, asserting that the people of the region wanted democratic self-government and not the autocratic form preferred by the Chakma raja. 110

Similar demands were echoed in the Khasi Hills, which were governed by twenty-five syiems (male chiefs of Khasi clans), whose positions had been recognized by the British through treaties. In August 1946, Constituent Assembly member and Khasi leader the Reverend J. J. Nichols Roy had drafted a constitution for the Khasi and Jaintia Hills that sought to introduce democracy progressively by co-opting the syiems and preserving some elements of traditional government. In stark contrast, the Myliem Khasi clan delegation told the Assembly subcommittee for the North-East Frontier (Assam) tribal and excluded areas that they did not want to engage with their syiem. They asserted that the syiems of the Khasi and Jaintia Hills had never held ‘sovereign powers’ over either the people or the land, that ‘The soil belonged to the people’, and that the syiems had to consult the people before they could speak for them. They argued that ‘independence comes to all, not only to the Syiems’. 111

In some places, tribes also contested the authority of the subcommittee and its procedures. A mass gathering of the Naga National Council in Kohima passed a resolution on 19 February 1947, just ahead of the appointment of the subcommittee, stating that a ‘constitution drawn [up] by people who have no knowledge of the Naga Hills and the Naga People [would] be unsuitable and unacceptable’. 112 They declared that they spoke on behalf of all Naga people and that the different tribes would not give evidence separately. 113 Arguing that ‘thrown among [four hundred million] Indian people, the one million Nagas and their unique system of life [would] be wiped out of existence’, the Naga National Council demanded an interim government similar to that headed by Nehru in Delhi, with a separate constitution and the option of revisiting their relationship with the Indian Union after ten years. Thus, tribal groups across the country, including the Lushai Hills, the Chittagong Hill Tracts and the Chotanagpur areas, pressed for territorial autonomy.

Tribal women also demanded rights in the future constitution and in contesting traditional tribal authorities. A thirty-member women’s delegation led by Bonily Khongmen and L. Shullai met the subcommittee in Shillong, protesting against the exclusion of women from political life by the Khasi syiems on the grounds of custom. They insisted that unless they were included, ‘there [would] be a rebellion from among women’. They demanded adult franchise and the right of women to vote for clan heads and syiems. They also asked for reserved positions for women in legislatures and in government employment, differentiating themselves from national women’s organizations, who had rejected affirmative action. 114

Similarly, while demanding universal franchise, the Mizo Mcheichhe Tangrual (Mizo Women’s Union), in its meeting with the subcommittee in Aizawl in the Lushai Hills, claimed that mere elections would be insufficient to achieve equality. While male Mizo leaders demanded that customary laws should be preserved, Kwatin Khuma, the president of the Women’s Union, argued that these laws should be radically changed, giving rights of inheritance to widows and daughters. She stated that the Women’s Union was placing itself ‘in line with other bodies who are struggling for liberty and freedom in its widest sense’. 115

Some tribal groups also worked at the national level to advance their views on the constitution by setting up an office next to the Constituent Assembly. Taking the lead, the All-India Excluded Areas and Tribal Peoples Association opened an office in the residence of Assembly member Professor N. G. Ranga during the first week of the Assembly debates. Their aim was to advance the ‘political rights and Constitutional Status’ of tribal people and all other people in these areas. The association followed the Assembly proceedings, appealing to central and provincial governments to set up special departments for tribal welfare and to elect Assembly representatives from the excluded areas. Their office was inaugurated by no less than Rajendra Prasad, the Assembly president. The introductory note in the Excluded Areas Bulletin , which the association published a fortnight later, stated: ‘The Problem of the Excluded Areas and the Tribal people has now become a burning topic . . . The constitution making body therefore requires at this juncture the voice and the advice of experts who have studied the problem with a political and humanitarian outlook’. 116 While the association had its roots within the Congress Party, it sought to build a tribal consensus by including tribal leaders from outside the Congress, including Jaipal Singh Munda, the CHT People’s Association and the Gurkha League. The association held many meetings in the Constitution House, where the Assembly and its committees sat, following the work of the committees and offering their expertise. 117 They demanded that the excluded areas and their people be integrated into the political mainstream, defying the decisions of the Congress leadership in the Assembly.

Tribal people were not waiting for a constitution to arrive: they were busy working out a constitutional framework for themselves. They did not passively respond to a process initiated from Delhi, but set their agenda at their own pace. Masses of tribal people, women among them, were involved in this process. Months before the Constituent Assembly convened, on 24 August 1946 over twenty thousand people from the Khasi and Jaintia Hills had gathered in the Students’ Field in Shillong to listen to the Reverend J. J. M. Nichols Roy presenting a plan for changes in the administration of the district. What was described as ‘the biggest political gathering in the Khasi and Jaintia Hills’ witnessed active debates that led to many alterations and additions to the plan. 118 This event was followed by public meetings in villages across the hills to consolidate demands, so that by the time the subcommittee came to visit the area the following year, most major political parties, chiefs and civil society groups had arrived at a common set of claims for the future of the state.

The constitution-making process was far more iterative and reflective than what is captured by the 5,546 pages of the Constituent Assembly debates. It was transformed by a mass of inputs and revisions which provided a training and testing ground for the constitution-making in Delhi. By the time the Assembly published the draft constitution in February 1948 and invited comments, the people in many princely states had already been consulted and expressed their views on the constitution. Concerned by their experiences of working with the post-independence government, the Indian judiciary had circumvented the standard processes of consultation on the draft to secure stronger constitutional guarantees of judicial independence. Reading the Constituent Assembly debates, it appears as if a handful of tribal representatives struggled to make their voices heard. But looking beyond the Assembly, as this article has shown, thousands of tribals, both women and men, were able to speak out, loudly making demands and requiring guarantees from the future constitution.

Indians at different sites and in different positions of power were thinking about the constitution, framing their claims within this language and transforming what constitutionalism would mean in independent India. The three sets of actors chosen as examples in this article, the rulers and people of Rewa, judges across India, and the thousands of tribal people in India’s north-east, represent a range of social and economic classes, though they form only a fraction of a far larger, and even more diverse, public who engaged with the making of the constitution. Focusing on the relationship between the public and the Constituent Assembly, and grounding the research in archival records from beyond the formal constitutional debates, this article shows that ordinary people understood very well the potential implications of the constitution for their lives, and as a result of their ongoing engagement, the constitution-making process itself became public. Constitution-making in the princely states in many cases preceded India’s constitution-making, the judges inserted themselves as commentators and critics of the constitution, and tribal groups contested the terms of their participation as dictated by the assembly.

However, scholars of India’s constitution have overlooked these public voices, mainly under the assumption that the constitution was beyond people’s imagination and that the key to understanding it lies in the making of the text. In contrast, if we draw into the foreground the constitutional engagements that took place away from the debates in the Constitution Hall, a new picture emerges. It renders somewhat redundant, for example, the question of either continuity with, or a break from, the colonial constitutional order. While diverse groups had indeed petitioned and made constitutional demands during colonial times, in 1946 new kinds of claims and involvements, on a far greater scale, turned the constitution-making process into a public experience, with the public beginning to own the constitution as a political practice, as a means of asserting themselves.

These constitutional demands from the public were not simply resolved through consensus or even by force; sometimes they were not resolved at all. But they remained the basis of agitation and mobilization, even after the promulgation of the Indian constitution, and continued to transform India’s constitutional text up to the present day. For example, while the Nagas’ demand for their own constitution was dismissed in 1950, it remained a basis of political struggle until the Indian government was forced to consider it as part of a peace agreement with Naga groups in August 2015. 119 Moreover, although the final provisions of the constitution disregarded the judges’ views on appointments, by the 1980s, through judicial interpretation, the judiciary was able to gain control over appointments, as they had pushed for in 1948. 120

Listening to voices from outside the Constituent Assembly it becomes clear that the constitution was not a textbook for educating the people into democracy, as it has been interpreted by scholars. Princes and people in states such as Rewa were already engaged in writing their own constitutions, and insisted that they did not need a constitution drawn out of ‘bookish knowledge’ and demanded a practical constitution. 121 Moreover, by looking at involvement in constitution-making at different sites and scales, such as the debates over minority claims and representation in the princely states, we may see how different outcomes were made possible by their involvement that are erased by an exclusive focus on the Assembly debates. Constitutionalism within the princely states, although it did not produce lasting constitutions within the states, generated a language and practices that a constitutional text constructed from the centre could not have created on its own. Viewed from the outside, judges saw the constitution as a document that could be constantly revised and improved through both public and informal processes. For tribals, constitution-making was about educating Assembly members in Delhi about their lives, conditions and requirements, and their older traditions of democracy.

Recovering this understanding of India’s constitution-making for this article entailed a work of assembly. Like an archaeological excavation of a mosaic, pieces of constitution-making were unearthed and fitted together to create a new pattern from the diverse elements, revealing a more comprehensive story of India’s constitution-making. The new picture no longer looks like a top-down endeavour driven by elite consensual decision-making produced for India’s ‘soil, which is essentially undemocratic’. 122 The new constitution came into being and was legitimized through many acts of assembling among people from diverse places and positions of power across India who, through engagement with the making of India’s constitution, reinvented themselves as constitutional actors and gained ownership over it.

For research assistance we thank Juhi Mendiratta. We are grateful to the Israel Science Foundation (grant no. 1575/22), the MacMillan Center for International and Area Studies at Yale University, and Sidney Sussex College, University of Cambridge, for their support. We have presented versions of this article at the ‘Constitutions and Crises’ conference held at the University of Cambridge, March 2022; the NALSAR Lecture Series on Constitutionalism, March 2022; the ‘Democracy, Violence, and Constitutional Order in South Asia and Beyond’ conference held at Yale University, April 2022; ‘Beyond the Pale: Legal Histories on the Edges of Empires’, the Third Legal Histories of Empire Conference, held at Maynooth University, June–July 2022; and ‘Rebuilding: Tradition and Innovation’, the Fiftieth Annual Conference on South Asia, held at the University of Wisconsin, Madison, October 2022. We thank the organizers and participants for their engagement. We would particularly like to thank Stephen Legg, Karuna Mantena, Vatsal Naresh and Nandini Ramachandran.

‘Framers of India’s Constitution Meet: Proceedings Suffer from Lack of Realism’, Times of India , 9 Dec. 1946. The number of Constituent Assembly members who attended the first session is based on counting those who signed the register on that day: see Constituent Assembly of India Debates (Proceedings) (hereafter CAD ), 9 Dec. 1946, < https://loksabha.nic.in/writereaddata/cadebatefiles/C09121946.html > (accessed 4 Mar. 2023).

‘India: Statement by the Cabinet Mission’, Hansard , 5th ser. (Lords), cxli, cols. 271–87 (16 May 1946), < https://api.parliament.uk/historic-hansard/lords/1946/may/16/india-statement-by-the-cabinet-mission > (accessed 4 Mar. 2023).

The recent focus on global histories of constitutions has largely neglected India’s postcolonial constitution-making: see, for example, Linda Colley, The Gun, the Ship and the Pen: Warfare, Constitutions and the Making of the Modern World (London, 2021); Christopher Thornhill, ‘The Sociology of Constitutions’, Annual Review of Law and Social Science , xiii (2017).

H. Kumarasingham (ed.), Constitution-Making in Asia: Decolonisation and State-Building in the Aftermath of the British Empire (London, 2016); Charles O. H. Parkinson, Bills of Rights and Decolonization: The Emergence of Domestic Human Rights Instruments in Britain’s Overseas Territories (Oxford, 2007).

Sunil Khilnani, Arguing Democracy: Intellectuals and Politics in Modern India , Center for the Advanced Study of India Working Paper Series, no. 09-02 (Philadelphia, 2009). See also Sunil Khilnani, The Idea of India (London, 1997), 34–5.

On the elite consensus perspective, see, for example, Granville Austin, The Indian Constitution: Cornerstone of a Nation , 1st edn (New Delhi, 1966); Madhav Khosla, India’s Founding Moment: The Constitution of a Most Surprising Democracy (Cambridge, MA, 2020); Tarunabh Khaitan, ‘Directive Principles and the Expressive Accommodation of Ideological Dissenters’, International Journal of Constitutional Law , xvi, 2 (2018); Sarbani Sen, The Constitution of India: Popular Sovereignty and Democratic Transformations , paperback edn (New Delhi, 2010). On the constitution’s underlying ideas, see, for example, Rajeev Bhargava (ed.), Politics and Ethics of the Indian Constitution (Delhi, 2009); Rochana Bajpai, ‘The Conceptual Vocabularies of Secularism and Minority Rights in India’, Journal of Political Ideologies , vii, 2 (2002); Uday S. Mehta, ‘Indian Constitutionalism: Crisis, Unity, and History’, in Sujit Choudhry, Madhav Khosla and Pratap Bhanu Mehta (eds.), The Oxford Handbook of the Indian Constitution (Oxford, 2016). For scholarship on methods of reading the Constituent Assembly debates, see Aditya Nigam, ‘A Text without Author: Locating Constituent Assembly as Event’, Economic and Political Weekly , xxxix, 21 (2004); Kalyani Ramnath, ‘ “We the People”: Seamless Webs and Social Revolution in India’s Constituent Assembly Debates’, South Asia Research , xxxii, 1 (2012); Vatsal Naresh, ‘Pride and Prejudice in Austin’s Cornerstone: Passions in the Constituent Assembly of India’, in Udit Bhatia (ed.), The Indian Constituent Assembly: Deliberations on Democracy (London, 2017). An exception to these is Gautam Bhatia, The Transformative Constitution: A Radical Biography in Nine Acts (New Delhi, 2019), which draws on a wide range of sources and materials from the nineteenth century onwards, arguing for a need to move away from the narrow frame of the formal constitution-making process.

This focus on elites and a corresponding absence of the general public in constitution-making was in conformity with the historiographical and legal view of this subject until the 1970s: see, for example, Todd A. Eisenstadt, A. Carl LeVan and Tofigh Maboudi, Constituents before Assembly: Participation, Deliberation, and Representation in the Crafting of New Constitutions (Cambridge, 2017).

Khilnani, Idea of India , 34.

For a few exceptions, see Ornit Shani, How India Became Democratic: Citizenship and the Making of the Universal Franchise (Cambridge, 2018), which examines public engagement with the draft constitution in the context of the preparation of the electoral rolls on the basis of universal franchise; Ornit Shani, ‘The People and the Making of India’s Constitution’, Historical Journal , lxv, 4 (2022), Saagar Tewari, ‘Framing the Fifth Schedule: Tribal Agency and the Making of the Indian Constitution (1937–1950)’, Modern Asian Studies , lvi, 5 (2022). A few scholars have noted that there were numerous responses from the public to the drafting of the constitution, but have not explored them: see Austin, Indian Constitution , 324; Ramachandra Guha, India after Gandhi: A History of the World’s Largest Democracy (London, 2007), 105, 789 n. 5; Rohit De, A People’s Constitution: The Everyday Life of Law in the Indian Republic (Princeton, 2018), 2, 235 n. 5; Arvind Elangovan, ‘The Making of the Indian Constitution: A Case for a Non-Nationalist Approach’, History Compass , xii, 1 (2014).

Saunders infers this from Khosla, India’s Founding Moment : Cheryl Saunders, ‘Democracy, Constitutionalism, Modernity, Globalisation’, Jus Cogens , iv, 1 (2022), 15. See also Donald L. Horowitz, Constitutional Processes and Democratic Commitment (New Haven, 2021), 181–2.

For the most recent study, see Khosla, India’s Founding Moment . Consequently, several recent studies on comparative constitutional law situate the Indian constitution as part of a global conversation on the founding of constitutions.

See, for example, Rajeev Dhavan and Thomas Paul (eds.), Nehru and the Constitution (Bombay, 1992); Aakash Singh Rathore, Ambedkar’s Preamble: A Secret History of the Constitution of India (Gurgaon, 2020); Arvind Elangovan, Norms and Politics: Sir Benegal Narsing Rau in the Making of the Indian Constitution, 1935–50 (Oxford, 2019); Achyut Chetan, Founding Mothers of the Indian Republic: Gender Politics of the Framing of the Constitution (Cambridge, 2022); Shaunna Rodrigues, ‘Abul Kalam Azad and the Right to an Islamic Justification of the Indian Constitution’, in Anupama Roy and Michael Becker (eds.), Dimensions of Constitutional Democracy: India and Germany (Singapore, 2020); Pooja Parmar, ‘Undoing Historical Wrongs: Law and Indigeneity in India’, Osgoode Hall Law Journal , xlix, 3 (2012).

Nehru Memorial Museum and Library, New Delhi (hereafter NMML), H. V. R. Iyengar Oral History Transcript, no. 303, 129.

Vikram Raghavan, ‘Granville Austin and the Making of India’s Constitution’, Centre for Law and Policy Research Occasional Talks, no. 11, 7 Aug. 2015, < https://www.youtube.com/watch?v=GHPf6NIz60M > (accessed 4 Mar. 2023).

In thinking through the notion of assembling, we are drawing on Stephen Legg’s analysis of assemblage: in particular, Stephen Legg, Prostitution and the Ends of Empire: Scale, Governmentalities, and Interwar India (Durham, NC, 2014), 5–6; Stephen Legg, ‘Assemblage/Apparatus: Using Deleuze and Foucault’, Area , xliii, 2 (2011).

‘Text of Resolution Passed at Princes Meeting Held on 29 January 1947’, CAD , 28 Apr. 1947, < https://loksabha.nic.in/Debates/cadebatefiles/C28041947.html > (accessed 8 Mar. 2023). Earlier attempts to bring the princely states into an Indian federal structure under the Government of India Act 1935, the last colonial constitutional framework, ultimately failed.

Arthur Berriedale Keith, A Constitutional History of India, 1600–1935 (London, 1937).

See George H. Gadbois Jr, ‘The Federal Court of India, 1937–1950’, Journal of the Indian Law Institute , vi, 2–3 (1964). On other state organs, see, for example, on the army, Steven I. Wilkinson, Army and Nation: The Military and Indian Democracy since Independence (Cambridge, MA, 2015); on the bureaucracy, William Gould, Bureaucracy, Community and Influence in India: Society and the State, 1930s–1960s (London, 2010); Arudra Burra, ‘The Indian Civil Service and the Nationalist Movement: Neutrality, Politics and Continuity’, Commonwealth and Comparative Politics , xlviii, 4 (2010).

‘Memorandum on the Adibasis of Jharkhand, Demanding Separation from Bihar on a Constitutional Basis, Requesting Final Decision before June 1948’; ‘Memorandum on the Case of the Mizo’: both NMML, C. Rajagopalachari Papers, V th Instalment, F.37/2, 422–31 and 415–21.

‘Birth of India’s Freedom’, Times of India , 15 Aug. 1947, 1; Shahpura State Constitution Act 1947: National Archives of India (hereafter NAI), Ministry of States, F.13/4/PR/1947 (copies were sold for Re 1 each).

Shahpura State Constitution Act 1947, 1.

Ibid .; secretary to the prime minister, Shahpura state, to deputy secretary, State Department, New Delhi, 12 Nov. 1947.

Manipur State Constitution Act 1947, < https://www.satp.org/document/paper-acts-and-oridinances/manipur-state-constitution-act-1947 > (accessed 7 Mar. 2023).

M. R. Jayakar, ‘Gwalior Note’, 29 Oct. 1947: NAI, M. R. Jayakar Private Papers, F.896.

On the Travancore constitution, see Sarath Pillai, ‘Fragmenting the Nation: Divisible Sovereignty and Travancore’s Quest for Federal Independence’, Law and History Review , xxxiv, 3 (2016).

Scholars mainly explored the constitutions of Travancore and of Jammu and Kashmir in the context of India’s transition to independence, and largely saw these two states as exceptions: see ibid ., 771. For a recent discussion of Kashmir’s constitution, see Shahla Hussain, Kashmir in the Aftermath of Partition (Cambridge, 2021), 41–65. Moreover, the question of constitutions and the princely states has largely been seen as an inter-war phenomenon which became irrelevant with independence.

See, for example, Robin Jeffrey (ed.), People, Princes and Paramount Power: Society and Politics in the Indian Princely States (Delhi, 1978).

‘Report of the Constitutional Reforms Committee, Rewa’, May 1947, 9: NMML, All India States Peoples’ Conference Papers, F.151, 1947.

‘Rough Translation of His Highness the Maharaja of Rewa’s Proclamation on Dasera Day’, 1 Jan. 1946: British Library (hereafter BL), IOR/R/1/1/4236.

Ibid . In January 1945 the Rewa State Council had set up a committee under the chairmanship of the chief justice of Rewa High Court, Rai Bahdur P. C. Mogha, to make recommendations on making the state’s Raj Parishad (People’s Representative Assembly) more responsible and representative: Council Resolution no. 336, 23 Jan. 1945: BL, IOR/R/1/1/4236.

Until shortly before this pronouncement, Maharaja Gulab Singh had been in exile. According to the Crown representative, who stated that he knew nothing about the maharaja’s ‘desire for responsible government to be given to his people’, the maharaja was deposed because he breached one of the conditions he had accepted before returning to the state on 25 July 1944, according to which ‘all state business should be initiated in council and concurred by the British Resident’: Crown representative, New Delhi, to secretary of state for India, London, 1 Jan. 1946: BL, IOR/R/1/1/4236. On the maharaja’s exile, see, for example, Fiona Groenhout, ‘Loyal Feudatories or Depraved Despots? The Deposition of Princes in the Central India Agency, c. 1880–1947’, in Waltraud Ernst and Biswamoy Pati (eds.), India’s Princely States: People, Princes and Colonialism (London, 2007), 105–11.

Colonel W. F. Campbell, resident for Central India, Central Agency, Indore, to C. G. Herbert, secretary to His Excellency the Crown Representative, New Delhi, 27 Feb. 1946: BL, IOR/R/1/1/4236.

Ibid. ; Herbert to Campbell, 15 Mar. 1946: BL, IOR/R/2/442/161. It is noteworthy that in other states, such as Ratlam, none of the members of the Constitutional Committee were known legal figures.

Herbert to C. E. B. Abell, private secretary to the viceroy, 5 Mar. 1946: BL, IOR/R/1/1/4236.

‘A Draft Rewa Government Notification’, 25 Apr. 1946: BL, IOR/R/1/1/4236.

Sir Alladi Krishnaswamy Ayyar to Sir Conrad Corfield, political adviser to H.E. the Crown representative, New Delhi, 11 May 1946: BL, IOR/R/1/1/4236. Besides a study fee, Sir Alladi asked for a ‘reduced fee’ of Rs 1,000 a day when he was absent from Madras or Bangalore on committee business; provision for ‘taking a cook and another personal attendant’; and Rs 750 a day spent substantially on the committee’s work while in his place of residence: ibid .

Harol Lal Narmada Prasad Singh, president, Pawaidar Association, Rewa, to T. C. S. Jayaratnam, prime minister, Rewa state, 27 June 1946 (copy); Shambhu Nath Shukla, president, District Congress Committee, Baghelkhand, Rewa, to Jayaratnam, 27 June 1946 (copy): both BL, IOR/R/1/1/4236.

Jayaratnam, memorandum, 28 June 1946 (copy); Jayaratnam to Campbell, 6 July 1946: both BL, IOR/R/1/1/4236.

Jayaratnam, memorandum, 28 June 1946 (copy).

Jayaratnam to Campbell, 6 July 1946.

Ayyar to Corfield, New Delhi, 26 July 1946; Corfield to Ayyar, 19 July 1946: both BL, IOR/R/2/442/161.

‘Report of the Constitutional Reforms Committee, Rewa’, May 1947, 2.

Ibid . The committee met on twenty-three days in all.

The weekly Prakash was published between 1932 and 1949. Maharaja Gulab Singh sanctioned a grant of Rs 4,000 a year for its publication. It was a literary newspaper, but also covered news on policies of Rewa state. See A. U. Siddiqui, Indian Freedom Movement in Princely States of Vindhya Pradesh (New Delhi, 2004), 60.

Chairman of the Constitutional Reforms Committee, Rewa, to maharaja of Rewa, covering letter to ‘Report of the Rewa Constitutional Reforms Committee’. The printed submissions bore hundreds of signatures.

Ibid ., 1–2, 4.

President, State’s Muslim Association, Rewa, to the Honourable President, Reforms Committee, Rewa, with two attached documents: ‘Memorandum of Behalf of Muslims’ and ‘Caution in Goodfaith [ sic ]’, 30 May 1947: BL, IOR/R/2/442/161.

‘Report of the Constitutional Reforms Committee, Rewa’, May 1947, 18.

President, State’s Muslim Association, Rewa, to the Honourable President, Reforms Committee, Rewa, 30 May 1947. The association was established in September 1946.

‘Report of the Constitutional Reforms Committee, Rewa’, May 1947, 32–6.

Among these were copies of the constitutions of Barwani, Hyderabad, Indore, Jaipur, Jhabua, Orchha, Panna, Sailana, Sitamau and Udaipur.

‘Report of the Rewa Constitutional Reforms Committee’, May 1947, 39, 4, 42. It is noteworthy that there was disagreement among the committee’s members: some wanted fuller democratic reforms; one didn’t want democratic reforms at all.

Maharaja of Rewa to H. M. Poulton, resident for Central India, 15 July 1947: BL, IOR/R/2/442/161.

Government of India, White Paper on Indian States (New Delhi, 1948), 99. The rulers signed the covenanting agreement on 18 Mar. 1948. By an agreement dated 26 Dec. 1949, the rulers of the covenanting states of the United State of Vindhya Pradesh ceded to India with effect from 1 Jan. 1950.

Sir Harilal Kania, speech, All India Reporter (1948), 13–16.

George H. Gadbois Jr, Supreme Court of India: The Beginnings (New Delhi, 2018); Rohit De, ‘Emasculating the Executive: The Federal Court and Civil Liberties in Late Colonial India, 1942–1944’, in Terence C. Halliday, Lucien Karpik and Malcolm M. Feeley (eds.), Fates of Political Liberalism in the British Post-Colony: The Politics of the Legal Complex (Cambridge, 2012).

Draft Constitution of India 1948, Art. 308.

Kania, speech, 13.

Abhinav Chandrachud, An Independent, Colonial Judiciary: A History of the Bombay High Court during the British Raj, 1862–1947 (New Delhi, 2015); De, ‘Emasculating the Executive’.

Kania, speech, 16.

See Alice Jacob, ‘Nehru and the Judiciary’, Journal of the Indian Law Institute , xix, 2 (1977); Lloyd I. Rudolph and Susanne Hoeber Rudolph, In Pursuit of Lakshmi: The Political Economy of the Indian State (Chicago, 1987), ch. 3.

Arghya Sengupta, Independence and Accountability of the Higher Indian Judiciary (Cambridge, 2019), 14–18.

CAD , 29 July 1947, < https://loksabha.nic.in/writereaddata/cadebatefiles/C29071947.html > (accessed 8 Mar. 2023).

The Ad Hoc Committee was headed by Justice S. Varadachariar (retired from the Federal Court), Alladi Krishnaswamy Ayyar, B. L. Mitter, K. M. Munshi and B. N. Rau: The Framing of India’s Constitution: A Study , ii (Bombay, 1967), appendix, ‘Report of the Ad Hoc Committee on Supreme Court’, 21 May 1947’, 587–91.

Chief Justice Sir Patrick Spens to Sir John Colville, 10 Dec. 1946: BL, IOR/R/3/1/33.

Chief Justice Ram Lall to Jawaharlal Nehru, 1 Mar. 1948; Nehru to B. N. Rau, 1 Mar. 1948: both NAI, CA/21/Cons/48 I.

‘Note on the Draft Constitution of India, Chief Justice and Judges of the Patna HC’, 16 Mar. 1948: NAI, CA/21/Cons/48 I.

Chief Justice Bidhubhushan Malik, Allahabad High Court, ‘Comments on the Draft Constitution’, 24 Mar. 1948: NAI, CA/21/Cons/48 I.

The retention of preventive detention after independence despite having been opposed by the nationalist parties for decades was the subject of both public criticism and litigation: Charles Henry Alexandrowicz, ‘Personal Liberty and Preventive Detention’, Journal of the Indian Law Institute , iii, 4 (1961).

Justice P. N. Sapru, memorandum, 21 Mar. 1948: NAI, CA/21/Cons/48 I.

Chief justice and judges, Calcutta High Court, memorandum, 19 Mar. 1948: NAI, CA/21/Cons/48 I.

D. S. Mathur, registrar, Allahabad High Court, note, 23 Mar. 1948: NAI, CA/21/Cons/48 I.

Registrar, Madras High Court, to constitutional adviser, 23 Mar. 1948: NAI, CA/21/Cons/48 I.

Extract from Calcutta Weekly Notes , liii, 18 (22 Mar. 1948): NAI, CA/21/Cons/48 I.

Lall to Nehru, 1 Mar. 1948.

‘Comments of the Chief Justice and the Honourable Judges of the Nagpur HC’, 17 Mar. 1948: NAI, CA/21/Cons/48 I.

Justice T. I. Sheode, Nagpur High Court, memorandum, 11 Mar. 1948: NAI, CA/21/Cons/48 I.

Justice R. S. Pollock, Nagpur High Court, ‘Memorandum on the Draft Constitution’, 15 Mar. 1948: NAI, CA/21/Cons/48 I.

‘Memorandum Representing the Views of the Federal Court and the Chief Justices Representing All the Provincial High Courts in the Union of India’, Comments on the Provisions of the Draft Constitution of India (New Delhi, 1948), 20–8.

Ibid ., 21.

Abhinav Chandrachud, Supreme Whispers: Conversations with Judges of the Supreme Court of India, 1980–1989 (Delhi, 2018).

Justice Sheode, memorandum, 11 Mar. 1948.

Kailash Nath Katju, ‘Separation of the Executive and Judicial Functions’, Address to the Bengal Chamber of Commerce, Calcutta, 12 Sept. 1948, Indian Law Review , ii, 3–4 (1949).

Chief Justice Malik, ‘Comments on the Draft Constitution’, 24 Mar. 1948.

NAI, Ministry of Home Affairs, F.11/3/48, 1948.

V. Shankar, memorandum, 24 Apr. 1948: NAI, Ministry of Home Affairs, F.11/3/48, 1948.

Chief justice and judges of Allahabad High Court, memorandum, 18 July 1949; ‘Report of the Committee Appointed by the Judges of Calcutta HC, 1948’: both NAI, Sardar Patel Papers, F.2/308.

Chief Justice Malik to Shankar, 13 Nov. 1948: NAI, Sardar Patel Papers, F.2/308.

B. R. Ambedkar to Sardar Patel, 24 Nov. 1948; Sir Trevor Harries to Patel, 7 July 1949: both NAI, Sardar Patel Papers, F.2/308; CAD , 27 May 1949, < https://loksabha.nic.in/Debates/cadebatefiles/C27051949.html >; 30 July 1949, < https://loksabha.nic.in/Debates/cadebatefiles/C30071949.html > (both accessed 8 Mar. 2023).

Sri Swedev, Bazar Akhara Kallu, district of Kangra, to members of the Advisory Committee of the Constituent Assembly, 14 Feb. 1947: NAI, CA/27/COM/47 I.

Constituent Assembly of India, Advisory Committee, Tribal and Excluded Areas: Excluded and Partially Excluded Areas (New Delhi, 1947), 2, quoted from the Report on Indian Constitutional Reforms of 1918 . For an analysis of excluded areas under the Government of India Act 1919, see Stephen Legg, ‘Dyarchy: Democracy, Autocracy, and the Scalar Sovereignty of Interwar India’, Comparative Studies of South Asia, Africa and the Middle East , xxxvi, 1 (2016).

Constituent Assembly of India, Advisory Committee, Tribal and Excluded Areas: Excluded and Partially Excluded Areas , 3. The partially excluded areas, however, were generally included in the electoral constituencies, and by independence had representation in the provincial legislatures: ibid ., 1.

Ultimately, the subcommittee for the North-West Frontier Province and Baluchistan never functioned as these areas became part of Pakistan.

Constituent Assembly of India, Advisory Committee, Tribal and Excluded Areas: Excluded and Partially Excluded Areas , 9, 69, 14.

CAD , 6 Sept. 1949, < https://loksabha.nic.in/Debates/cadebatefiles/C06091949.html > (accessed 8 Mar. 2023).

‘Tribesmen in the Republic’, 12 Sept. 1949, newspaper cutting: NAI, Rajendra Prasad Papers, F.10; ‘Tribal Areas’, Hindustan Times , 7 Sept. 1949, 2.

Nandini Sundar, Subalterns and Sovereigns: An Anthropological History of Bastar (1854–2006) , 2nd edn (New Delhi, 2008), 183–90; here, 188. See also, for example, Ramachandra Guha, Savaging the Civilized: Verrier Elwin, his Tribals, and India (1999), in The Ramachandra Guha Omnibus (New Delhi, 2005); Sanjib Baruah, In the Name of the Nation: India and its Northeast (Palo Alto, 2020); Sangeeta Dasgupta, ‘Adivasi Studies: From a Historian’s Perspective’, History Compass , xvi, 10 (2018).

Parmar, ‘Undoing Historical Wrongs’, 491. For studies that focus on tribal engagement with the making of the constitution, see Ornit Shani, ‘We the People’, in Ravinder Kaur and Nayanika Mathur (eds.), The People of India: New Indian Politics in the 21st Century (Delhi, 2022); Tewari, ‘Framing the Fifth Schedule’; Nandini Sundar, ‘The Making of the Indian Constitution and Indigenous Rights’, unpubd MS. In addition to Munda, scholars have also paid particular attention to Assembly member J. J. M. Nichols Roy: P. R. Kyndiah, Rev. J. J. M. Nichols Roy: Architect of District Council Autonomy (New Delhi, 2013).

Shaunna Rodrigues, ‘Excluded Areas as the Limit of the Political: The Murky Boundaries of Scheduled Areas in India’, International Journal of Human Rights , xxv, 7 (2021), 1129, our emphasis.

This important facet of India’s constitution-making has barely been studied. For a few exceptions, see Shani, How India Became Democratic , 212–21; Shani, ‘People and the Making of India’s Constitution’; Sundar, ‘Making of the Indian Constitution and Indigenous Rights’; J. Zahluna, ‘Constituent Assembly and the Sixth Schedule: With Special Reference to Mizoram’, Indian Journal of Political Science , lxxi, 4 (2010), 1236–8; Rodrigues, ‘Excluded Areas as the Limit of the Political’; Tewari, ‘Framing the Fifth Schedule’.

‘Resolutions Adopted at the Annual Meeting of the CHT People’s Association at Rangamati on 10th December, 1946’: NAI, CA/27/COM/47/I.

‘Resolution Adopted by Executive Meeting of CHT People’s Association at Rangamati on 9th Feb. 1947’: NAI, CA/27/COM/47/I.

‘Delegation from CHT to Mr R. K. Ramdhyani, 27th February 1947’: NAI, CA/27/COM/47/I.

‘Proposed Draft Constitution of the Khasi and Jaintia Hills by Hon’ble Rev. J. J. M. Nichols Roy’, in Constituent Assembly of India, North-East Frontier (Assam) Tribal and Excluded Areas Sub-Committee , 2 vols. (Delhi, 1947), ii, Evidence , pt ii , 183–90, 160, 162.

‘Memorandum on the Case of the Naga People for Selfdetermination and an Appeal to H.M.G. and the Government of India’, in Constituent Assembly of India, Northeast Frontier (Assam) Tribal and Excluded Areas Sub-Committee , ii, Evidence , pt i , 248.

Meeting in the School Hall, Kohima, 19 May 1947, in Constituent Assembly of India, Northeast Frontier (Assam) Tribal and Excluded Areas Sub-Committee , ii, Evidence , pt i , 181.

‘Witnesses Examined: Mrs B. Khongmen and 15 Others, Mrs L. Shullai and 15 Ladies’, Shillong, 12 June 1947, in Constituent Assembly of India: Northeast Frontier (Assam) Tribal and Excluded Areas Sub-Committee , ii, Evidence , pt ii , 145, 146. Among the other women’s organizations that met the subcommittee were the Adibasi Mahila Sangh (Hazaribagh), the Mizo Women’s Union (Aizawl) and the Khasi Women’s Association (Shillong), and independent women representatives such as Miss Hansda (Santhal Parganas), Mavis Dunn Lyngdoh (Shillong) and Lalziki Sailo (Aizawl).

‘The Aim and Object of “Mizo Hmeichhe Tangrual” ’, 18 Apr. 1947, in Constituent Assembly of India: Northeast Frontier (Assam) Tribal and Excluded Areas Sub-Committee , ii, Evidence , pt i , 66.

Office of the All-India Excluded Areas and Tribal Peoples Association, New Delhi, Excluded Areas Bulletin , no. 2, 30 Dec. 1946, 2: NAI, CA/27/COM/1947 I.

Working president of the All-India Excluded Areas and Tribal Peoples Association to secretary of the Constituent Assembly, 5 Mar. 1947: NAI, CA/27/COM/1947 I.

Constituent Assembly of India: Northeast Frontier (Assam) Tribal and Excluded Areas Sub-Committee , ii, Evidence , pt ii , 191.

Jimmy Leivon, ‘Manipur: Nagas Endorse Demand for Separate “National” Flag and Constitution’, Indian Express , 10 Sept. 2019, < https://indianexpress.com/article/north-east-india/manipur/manipur-nagas-endorse-demand-for-separate-national-flag-and-constitution-5983840 > (accessed 7 Mar. 2023).

Sengupta, Independence and Accountability of the Higher Indian Judiciary , ch. 2.

Harol Lal Narmada Prasad Singh to Jayaratnam, 27 June 1946 (copy): BL, IOR/R/1/1/4236.

CAD , 4 Nov. 1948, < https://loksabha.nic.in/Debates/cadebatefiles/C04111948.html > (accessed 8 Mar. 2023).

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