2. The Constitution of India came into force on 26 January
1950. Since then, the day is celebrated as Republic Day.
However, before 1950, 26 January was called
Independence Day. Since 26 January 1930, it was the day
on which thousands of people, in villages, in mohallas, in
towns, in small and big groups would take the
independence pledge, committing themselves to the
complete independence of India from British rule. It was
only fitting that the new republic should come into being
on that day, marking from its very inception the continuity
between the struggle for independence and the adoption of
the Constitution that made India a Republic.

3. The process of the evolution of the
Constitution began many decades before
26 January 1950 and has continued
unabated since. Its origins lie deeply
embedded in the struggle for independence
from Britain and in the movements for
responsible and constitutional government
in the princely states. On 19 February
1946, the British government declared that
they were sending a Cabinet Mission to
India to resolve the whole issue of freedom
and constitution making. The Cabinet
Mission, which arrived in India on 24
March 1946, held prolonged discussions
with Indian leaders.

4. On 16 May 1946, having failed to secure an agreement, it
announced a scheme of its own. It recognized that the best
way of setting up a constitution-making machinery would
'be by election based on adult franchise; but any attempt
to introduce such a step now would lead to a wholly
unacceptable delay in the formulation of the new
constitution. Therefore, it was decided that the newly-
elected legislative assemblies of the provinces were to elect
the members of the Constituent Assembly on the basis of
one representative for roughly one million of the
population. The Sikh and Muslim legislators were to elect
their quota based on their population.
Constituent
Assembly

5. It was only after this process had been completed that the
representatives of all the provinces and those of the
princely states were to meet again to settle the Constitution
of the Union. The Congress responded to the Cabinet
Mission scheme by pointing out that in its view the
Constituent Assembly, once it came into being, would be
sovereign. It would have the right to accept or reject the
Cabinet Mission's proposals on specifics.
The Constituent Assembly was to have 389 members. Of
these, 296 were to be from British India and 93 from the
princely Indian states.

6. Initially, however, the Constituent Assembly comprised
only of members from British India. Elections of these
were held in July-August 1946. Of the 210 seats in the
general category. Congress won 199. It also won 3 out of
the 4 Sikh seats from Punjab. The Congress also won 3 of
the 78 Muslim seats and the 3 seats from Coorg, Ajmer-
Merwara, and Delhi. The total Congress tally was 208. The
Muslim League won 73 out of the 78 Muslim seats. At 11
a.m., on 9 December 1946, the Constituent Assembly of
India began its first session. For all practical purposes, the
chronicle of independent India began on that historic day.
Independence was now a matter of dates.

7. The real responsibility of deciding the constitutional
framework within which the government and people of
India were to function had been transferred and assumed
by the Indian people with the convening of the Constituent
Assembly. Only a coup d'état could now reverse this
constitutional logic. 207 members attended the first
session. The Muslim League, having failed to prevent the
convening of the Assembly, now refused to join its
deliberations. Consequently, the seventy-six Muslim
members of the League stayed away and the four Congress
Muslim members attended the session. On 11 December,
Dr Rajendra Prasad was elected the permanent
Chairman; an office later designated as President of the
Assembly.

8. The third session was held from 28 April to 2 May 1947
and the League still did not join. On 3 June, the
Mountbatten Plan was announced which made it clear that
India was to be partitioned. With India becoming
independent on 15 August 1947, the Constituent Assembly
became a sovereign body, and also doubled as the
legislature for the new state. It was responsible for framing
the Constitution as well as making ordinary laws.

9. The work was organized into five stages: first, committees
were asked to present reports on basic issues; second, B.N.
Rao, the constitutional adviser, prepared an initial draft on
the basis of the reports of the reports of these committees
and his own research into the constitutions of other
countries; third, the drafting committee, chaired by Dr
Ambedkar presented a detailed draft constitution which
was published for public discussion and comments; fourth,
the draft constitution was discussed and amendments
proposed; fifth, and lastly the constitution was adopted.
B.R
Ambedhkar
B.R Rao

10. The designations of the states and union territories; the
emoluments for high-level officials; forms of oaths;
allocation of the number of seats in the Rajya Sabha. A
review of the constitution needs at least two-thirds of the
Lok Sabha and Rajya Sabha to pass it. The Indian
constitution is one of the most frequently amended
constitutions in the world. Infact the first amendment to it
was passed after only a year of the adoption of the
constitution and instituted numerous minor changes.
Many more amendments followed, a rate of almost two
amendments per year since 1950. Most of the constitution
can be amended after a quorum of more than half of the
members of each house in Parliament passes an

11. Preamble of The Constitution
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
ourselves this Constitution.

12. The Fundamental Rights are defined as the basic human
rights of all citizens. These rights, defined in Part III of the
Constitution, apply irrespective of race, place of birth,
religion, caste , creed or gender. They are enforceable by
the courts, subject to specific restrictions.
Fundamental rights
Following are the 6 fundamental rights
1. Right to Equality
2. Right to Freedom
3. Right Against Exploitation
4. Right to freedom of Religion
5. Cultural and Educational Rights
6. Right to Constitutional Remedies

13. 1.Right to Equality
•Article :- Equality before law and equal protection of
law
•Article :- Prohibition of discrimination on grounds only
of religion, race, caste, sex or place of birth
•Article :- Equality of opportunity in matters of public
employment
•Article :- End of untouchability
Article :- Abolition of titles, Military and academic
distinctions are, however, exempted
2.Right to Freedom
•Article 19 :- It guarantees the citizens of India the
following six fundamentals freedoms:-
1.Freedom of Speech and Expression
2.Freedom of Assembly
3.Freedom of form Associations
4.Freedom of Movement
5.Freedom of Residence and Settlement
6.Freedom of Profession, Occupation, Trade and
Business
•Article 20 :- Protection in respect of conviction for
offences
•Article 21 :- Protection of life and personal liberty

14. 3.Right against Exploitation
•Article 23 :- Traffic in human beings prohibited
Article 24 :- No child below the age of 14 can be employed4.Right to freedom of Religion
•Article 25 :- Freedom of conscience and free profession,
practice and propagation of religion
•Article 26 :- Freedom to manage religious affairs
•Article 27 :- Prohibits taxes on religious grounds
Article 28 :- Freedom as to attendance at religious
ceremonies in certain educational institutions5.Cultural & Educational Rights
•Article 29 :- Protection of interests of minorities
•Article 30 :- Right of minorities to establish and
administer educational institutions
Article 31 :- Omitted by the 44th Amendment Act6.Right to constitutional Remedies
•Article 32 :- The right to move the Supreme Court in case
of their violation (called Soul and heart of the Constitution
by BR Ambedkar)
•Forms of Writ check
Habeas Corpus :- Equality before law and equal protection

15. Directive principles of state policy
Directive principles of state policy
are guidelines for the framing of
laws by the government. These
provisions, set out in Part IV of the
Constitution, are not enforceable by
the courts, but the principles on
which they are based are
fundamental guidelines for
governance that the State is
expected to apply in framing and
passing laws.

17. The Fundamental Duties are
defined as the moral
obligations of all citizens to
help promote a spirit of
patriotism and to uphold the
unity of India. These duties, set
out in Part IV–A of the
Constitution, concern
individuals and the nation.
Like the Directive
Principles, they are not legally

18. The Constituent Assembly
which had been elected for
undivided India and held its
first sitting on 9th Dec.1946,
re-assembled on the 14th
August 1947, as The
Sovereign Constituent
Assembly for the dominion of
India. In regard to its
composition the members
were elected by indirect
election by the members of
The Provisional Legislative

19. According to the schemes recommended by the Cabinet the
essentials of the Schemes were as follows: -
1. Each Province and each Indian State or group of States were
allotted the total no. of eats proportional to their respective
population roughly in the ratio of 1:1000000. As a result The
Provinces were to elect 292 members while the Indian States were
allotted a minimum of 93 seats.
2. The seats in each Province were distributed among the three main
communities, Muslims, Sikh and general, in proportion to their
respective populations.
3. Members of each community in the Provisional Legislative
Assembly elected their own representatives by the method of
proportional representations with single transferable vote.
4. The method of selection in the case of representatives of Indian
States was to be determined by consultation.

20. Unfortunately as a result of a partition under the
plan of June3, 1947.The territories, which fell under
Pakistan and those members who were part of The
Constituent Assembly, ceased to be members of the
Constituent Assembly, which re-assembled on the 31st
Oct.1947. The members of the house was reduced to
299 of these 284 was actually present on the 26th Nov.
1949 and appended their signature to the
Constitution as finally passed.

21. Name and territory of the Union.
•India, that is Bharat, shall be a Union of States.
•The States and the territories thereof shall be as
specified in the First Schedule.
•The territory of India shall comprise—
•the territories of the States;
•the Union territories specified in the First
Schedule; and
•such other territories as may be acquired.
Admission or establishment of new States.
Parliament may by law admit into the Union, or
establish, new States on such terms and conditions
as it thinks fit.
2A. [Sikkim to be associated with the Union.] Rep. by
the Constitution (Thirty- sixth Amendment) Act,
1975, s. 5 (w.e.f. 26-4-1975).

22. •Parliament may by law—
1.form a new State by separation of territory from
any State or by uniting two or more States or parts
of States or by uniting any territory to a part of
any State;
2.increase the area of any State;
3.diminish the area of any State;
4.alter the boundaries of any State;
5.alter the name of any State:
Provided that no Bill for the purpose shall be
introduced in either House of Parliament except on
the recommendation of the President and unless,
where the proposal contained in the Bill affects the
area, boundaries or name of any of the States
the Bill has been referred by the President to the
Legislature of that State for expressing its views
thereon within such period as may be specified in the

23. Schedules and supplemental, incidental and
consequential matters. —
1.Any law referred to in article 2 or article 3 shall
contain such provisions for the amendment of the
First Schedule and the Fourth Schedule as may be
necessary to give effect to the provisions of the law
and may also contain such supplemental, incidental
and consequential provisions (including provisions as
to representation in Parliament and in the Legislature
or Legislatures of the State or States affected by such
law) as Parliament may deem necessary.
2.No such law as aforesaid shall be deemed to be an
amendment of this Constitution for the purposes of
article 368.