Name : Yash RajeshKumar Jangid

Enrollment number:- 2303030300057

Class:- B.A. SEM 4 ( PSYCHOLOGY)

SUBJECT:-The constitution, Human

Rights and Law
 History and
Evolution of
the
Constitution of
India
 What is a Constitution?

•set of fundamental principles guiding the governance of a country

•Defines rights and duties of citizens
•Lays out the structure and powers of government
Visual: Icons for legislative, executive, judiciary
Quote:
"A Constitution is a living document, an instrument which makes the government system
work." – B.R. Ambedkar.

The content and nature of a particular constitution, as well as how it

relates to the rest of the legal and political order, varies
considerably between countries, and there is no universal and
uncontested definition of a constitution.
  Historical
Background
1. British Colonial Rule in India
• The British East India Company started controlling Indian territories after the Battle of Plassey (1757) and Battle of Buxar (1764).
• The Company governed large parts of India but faced criticism for mismanagement and corruption.
• As a result, the British Crown gradually took more control over Indian administration, leading to formal British colonial rule after 1858.
2. Important Acts Before 1858
• Regulating Act, 1773
• First attempt by British Parliament to regulate East India Company’s affairs.
• Created the post of Governor-General of Bengal (Warren Hastings was the first).
• Laid the foundation for central administration in India.
• Pitt’s India Act, 1784
• Brought dual control: Company and British Government.
• Established the Board of Control to supervise Company administration.
3. Later Acts and Their Influence
• Over time, several acts were passed:
• Charter Acts (1813, 1833, 1853) – gradually reduced the powers of the Company.
• Government of India Act, 1858 – transferred power from the Company to the British Crown after the Revolt of 1857.
4. Early Demands for Self-Governance
• The rise of Indian National Congress (1885) marked the beginning of organized political movement.
• Leaders like Dadabhai Naoroji, Gopal Krishna Gokhale, and Bal Gangadhar Tilak demanded greater Indian participation in administration.
• Events like the Partition of Bengal (1905) and Rowlatt Act (1919) triggered mass protests.
• Reforms like the Morley-Minto Reforms (1909) and Montagu-Chelmsford Reforms (1919) were introduced but were limited and
unsatisfactory.
  Important Acts Before
1.
Independence
Government of India Act, 1858
• Passed after the Revolt of 1857.
• Marked the end of East India Company rule and transferred power to the British Crown.
• A Secretary of State for India was appointed in London to oversee administration.
• The Governor-General became the Viceroy of India, representing the Crown.
• Impact: Laid the foundation for direct British rule and centralized governance in India.

2. Indian Councils Act, 1909 (Morley-Minto Reforms)

• Expanded legislative councils at both the central and provincial levels.
• Introduced Indians into the legislative councils, including a seat for an Indian in the Viceroy’s Executive
Council.
• Introduced separate electorates for Muslims, beginning the practice of communal representation.
• Impact: Allowed limited Indian participation, but sowed seeds of division through separate electorates.
3. Government of India Act, 1919 (Montagu-Chelmsford Reforms)
• Introduced diarchy in provinces (dual rule):
*Reserved subjects (e.g., law and finance) handled by British officials.
*Transferred subjects (e.g., health, education) handled by Indian ministers.
• Enlarged both central and provincial legislative councils.
• Extended communal electorates to Sikhs, Anglo-Indians, and Christians.
• Impact: Gave more administrative responsibility to Indians but kept real power with the British.

4. Government of India Act, 1935

• Most comprehensive and significant of all colonial acts.
• Proposed an All-India Federation of British Indian provinces and princely states.
• Abolished diarchy at the provincial level and introduced it at the center.
• Introduced provincial autonomy—elected Indian ministers given full control over provinces.
• Created a bicameral legislature at the center and federal court.
• Impact:
* For the first time, elections were held under a wide
franchise.
* Became the blueprint for many features of the
Indian Constitution.
  Demand for a
Constitution
Indian National Congress Demands in the 1930s

• Rising national sentiment and opposition to British rule.

• Rejection of the Simon Commission (1927) due to lack of Indian representation.
• The INC demanded that Indians should draft their own constitution, not the British Parliament.

Nehru Report (1928)

• Drafted by a committee led by Motilal Nehru.
• First Indian attempt at a written constitution.Key Proposals:
*Dominion status for India.
*Fundamental rights for citizens.
• Secular state with no state religion.
• Universal adult suffrage.
• Equal rights for men and women.
• Opposed separate electorates, leading to disagreement with the Muslim League.
Karachi Resolution (1931)
• Adopted at the INC session in Karachi, led by Sardar Patel.
• Drafted by Jawaharlal Nehru after the execution of Bhagat Singh
and others.
• Declared vision for Fundamental Rights and social justice.
• Key Points:
*Right to freedom, equality, and education.
*Protection of minority and cultural rights.
*Support for state ownership of key industries.
 Formation of the Constituent
Assembly
• Formed in December 1946 to draft the Constitution of India.
• Set up under the Cabinet Mission Plan (1946).
• Members were indirectly elected by provincial assemblies.

o Members:
• Initially 389 members (292 from provinces, 93 from princely states, 4 from chief commissioner
provinces).
• After Partition, reduced to 299 members.

o Key Features
1. The Assembly included members from all major communities, political groups, and regions (except the
Muslim League, which boycotted initially).
2. First meeting: December 9, 1946
3. Dr. Sachchidananda Sinha was the interim chairman.
4. Dr. Rajendra Prasad was later elected as the permanent President.
 Composition of the Constituent
Assembly
1. Members from Provinces and Princely States

• Total members: 389 (before Partition)

* 292 from British Indian provinces
* 93 from princely states
* 4 from Chief Commissioner’s provinces
• After Partition, membership reduced to 299.

2. Chairperson of the Assembly

• Dr. Rajendra Prasad was elected as the President (Chairperson) of the Constituent
Assembly.
• Guided the assembly through debates and decisions.

3. Drafting Committee

• Formed on August 29, 1947.

• Chaired by Dr. B.R. Ambedkar, known as the “Father of the Indian Constitution”.
• Tasked with preparing the first draft of the Constitution.
  Drafting the
1.
Constitution
Time Taken

• The Constitution was drafted in 2 years, 11 months, and 18 days.

• It was a detailed and careful process with deep discussions and debates.

2. Sessions Held

• The Constituent Assembly held 11 sessions in total.

• Over 165 days were spent discussing and debating the draft articles.

3. Final Signing

• The final draft was adopted on November 26, 1949.

• 284 members signed the Constitution on January 24, 1950.

4. Came into Effect

• The Constitution came into force on January 26, 1950, celebrated as Republic Day.
  Adoption of the
Constitution
1. Adopted on November 26, 1949
• After extensive discussions, the Constituent Assembly adopted the final draft
of the Constitution on November 26, 1949.
• This day is now observed as Constitution Day (Samvidhan Divas) in India.
• The adoption marked the completion of India’s legal framework for democratic governance.

2. Enforced on January 26, 1950 – Republic Day

• The Constitution was enforced on January 26, 1950, officially making India a Republic.
• January 26 was chosen to honor the 1930 Declaration of Purna Swaraj (Complete Independence), made by the Indian
National Congress in Lahore.
• With the Constitution coming into effect:
* The Government of India Act, 1935 was repealed.
* The President of India replaced the British Governor-General as the Head of State.
* India became a sovereign, socialist, secular, democratic republic.

3. Replaced: Government of India Act, 1935

• Until 1950, India was governed under the Government of India Act, 1935, a British law.
• Though it introduced provincial autonomy, it did not reflect the will of the Indian people.
• The Constitution of India, written by Indians for Indians, became the supreme law of the land, ensuring justice, liberty,
equality, and fraternity.
  Features of the Indian
Constitution
1. Written and Detailed
• The longest written constitution in the world.
• Originally had 395 Articles, 22 Parts, and 8 Schedules.
• Covers all aspects of governance: structure, powers, rights, duties, elections, etc.
• Draws inspiration from multiple countries (USA, UK, Ireland, etc.).
2. Federal Structure with a Unitary Bias
• Power is divided between the Centre and States.
• But in emergencies, the Central Government becomes stronger.
• Ensures national unity while allowing state autonomy.
3. Fundamental Rights, Duties & DPSPs
• Fundamental Rights: Right to equality, freedom, religion, education, etc.
• Directive Principles of State Policy (DPSPs): Non-enforceable goals for social and economic justice.
• Fundamental Duties: Responsibilities of citizens (e.g., respecting the Constitution, promoting
harmony).
4. Independent Judiciary
• Judiciary is free from executive control.
• Supreme Court is the guardian of the Constitution.
• Has the power of judicial review to protect rights and ensure law follows the Constitution.
  Influences from Other
1.
Countries
United Kingdom (UK):Parliamentary System
• Parliamentary form of government with a Prime Minister as head of government.
• Concept of bicameral legislature (Lok Sabha and Rajya Sabha).
• Rule of law, cabinet system, and collective responsibility of ministers.
• Functioning of constitutional monarchy adapted into a republic.
2. United States of America (USA):
• Fundamental Rights inspired by the U.S. Bill of Rights.
• Judicial review — the power of the courts to declare laws unconstitutional.
• Independent judiciary and separation of powers between the three branches of government.
• Idea of Preamble and written constitution.
3. Ireland:
• Directive Principles of State Policy (DPSPs) — non-justiciable guidelines for state policy.
• Concept of nomination of Rajya Sabha members.
• Inspired India's emphasis on social and economic welfare.

4. USSR (now Russia):

• Influence on Fundamental Duties (added by 42nd Amendment, 1976).
• Concept of Five-Year Plans for economic development.
• Emphasis on socialist principles and equality.
  Amendments and
Evolution
1. Over 100 Amendments
• The Indian Constitution is a living document, allowing updates through
amendments.

2. Major Amendments:42nd (1976) – Added Socialist, Secular, strengthened

Centre, limited judiciary.
• 44th (1978) – Restored rights after Emergency, protected Fundamental Rights.
• 73rd (1992) – Established Panchayati Raj (rural local govt).
• 74th (1992) – Empowered urban local bodies (municipalities).
• 101st (2016) – Introduced GST (Goods and Services Tax).

3. Flexible & Evolving

• Helps the Constitution stay relevant and adaptable to modern challenges.
  Role of Key
o
Personalities
Dr. B.R. Ambedkar – Father of the Indian Constitution
• Chairman of the Drafting Committee.
• Played a key role in framing the legal, social, and economic principles of the Constitution.
• Advocated for equality, justice, and rights for marginalized communities.
o Dr. Rajendra Prasad – President of the Constituent Assembly
• Presided over all sessions with wisdom and neutrality.
• Later became the first President of India.
• Ensured smooth conduct of debates and adoption of the Constitution.

o Pandit Jawaharlal Nehru – Objectives Resolution

• Presented the Objectives Resolution in 1946, which laid the foundation for the Preamble .
• Emphasized sovereignty, democracy, justice, liberty, and equality.

o Other Key Contributors

• Sardar Vallabhbhai Patel – Worked on integration of princely states and federal
structure.
• Alladi Krishnaswamy Iyer – Expert in constitutional and legal matters.
• K.M. Munshi, B.N. Rau, and others provided valuable inputs in shaping the
Constitution.
  Significance
Today
• The Constitution is the foundation of India’s democracy,
ensuring rule of law and equality for all.
• It balances Fundamental Rights and Duties, promoting
freedom with responsibility.
• Acts as a framework for governance, guiding how the
government functions at the central, state, and local
levels.
• Protects citizen rights, upholds justice, and supports
democratic values.
• Continues to evolve through amendments to meet
changing social and economic needs.
 Conclusi
on
• The journey from colonial rule to constitutional democracy reflects
India’s struggle, vision, and determination for self-governance.
• The Constitution of India stands as the guardian of justice, liberty,
equality, and fraternity.
• It has provided a strong foundation for a unified, diverse, and democratic
nation.
• As a living document, it evolves through amendments to meet the
changing needs of society.
• It continues to guide India’s growth, protect citizen rights, and uphold the
spirit of democracy.

🇮🇳"The Constitution is not just a rulebook — it is the soul of independent

India."