undefined — UPSC Study Material & Notes | Mission UPSC

Notes

Indian Constitution - Making

Historical Background

The making of the Indian Constitution was an extensive process that began in 1946 and culminated in 1950. The need for a constitution arose from the desire to establish a sovereign state that would ensure justice, liberty, equality, and fraternity among all its citizens.

### Key Events

**Government of India Act, 1935**: Provided a framework for constitutional development.

**Cripps Mission, 1942**: Proposed a new constitution and was a crucial step towards constitutional discussions.

**Cabinet Mission Plan, 1946**: Led to the formation of the Constituent Assembly.

---

Constituent Assembly and Its Composition

The Constituent Assembly was formed in 1946 with the primary objective of drafting the Constitution of India.

### Composition

**Total Members**: 389 (initially 296 from British India and 93 from princely states)

**Leadership**: Dr. B.R. Ambedkar was appointed as the Chairman of the Drafting Committee.

**Diversity**: Represented various sections of society including Scheduled Castes, Scheduled Tribes, and women.

---

Key Debates in the Constituent Assembly

Several crucial debates took place regarding the nature of the Indian state, the rights of citizens, and the structure of government.

### Major Topics Discussed

1. **Fundamental Rights vs. Directive Principles**

Balancing individual rights and social welfare.

2. **Centralization vs. Decentralization**

The debate on the distribution of powers between the Centre and States.

3. **Secularism**

The nature of the Indian state in terms of religion and governance.

---

Fundamental Rights and Fundamental Duties

The Constitution guarantees Fundamental Rights to all citizens, ensuring individual freedoms and equality.

### Articles Related to Fundamental Rights

**Article 12-35**: Cover various rights such as the right to equality, right to freedom, right against exploitation, and right to constitutional remedies.

### Fundamental Duties

Added by the 42nd Amendment in 1976, these duties emphasize the responsibilities of citizens.

---

Directive Principles of State Policy

These are guidelines for the state to ensure social and economic justice.

### Articles Related to Directive Principles

**Article 36-51**: Address issues like education, health, and economic welfare.

---

Amendment Procedures

The Constitution provides for its own amendment under **Article 368**.

### Types of Amendments

**Simple Majority**: Requires a simple majority in Parliament.

**Special Majority**: Requires a majority of the total membership and a majority of those present and voting.

**Ratification by States**: Certain amendments require ratification by half of the state legislatures.

---

Landmark Judgments

Several Supreme Court judgments have interpreted and shaped the Constitution over the years.

### Notable Cases

**Kesavananda Bharati v. State of Kerala (1973)**: Established the Basic Structure doctrine.

**Minerva Mills v. Union of India (1980)**: Reinforced the balance between Fundamental Rights and Directive Principles.

---

Current Relevance

Understanding the making of the Constitution is crucial for evaluating contemporary issues such as:

Constitutional amendments in response to changing societal needs.

The ongoing debate about the interpretation of Fundamental Rights.

### UPSC Exam Tips

Focus on the chronology of events leading to the Constitution.

Understand the implications of key debates and judgments.

Familiarize yourself with significant amendments and their impacts.

---

Key Concepts

Historical background of the Indian Constitution

Constituent Assembly and its composition

Key debates in the Constituent Assembly

Fundamental Rights and Fundamental Duties (Articles 12-35)

Directive Principles of State Policy (Articles 36-51)

Amendment Procedures (Article 368)

Landmark Judgments related to the Constitution

Significant Constitutional Amendments

Important Facts

•[1946] Inauguration of the Constituent AssemblyThe Constituent Assembly first met on December 9, 1946, marking the beginning of a significant chapter in India's democratic journey.

•[1950] Adoption of the ConstitutionThe Constitution of India was adopted on January 26, 1950, making India a sovereign democratic republic.

•[1951] First AmendmentThe First Amendment introduced changes to protect the rights of individuals while allowing for reasonable restrictions on free speech.

•[1973] Basic Structure DoctrineThe Kesavananda Bharati case established that Parliament cannot alter the fundamental framework of the Constitution.

•[1976] 42nd AmendmentOften referred to as the 'Mini-Constitution', it added Fundamental Duties and emphasized the supremacy of the Constitution.

Mnemonics & Memory Tricks

FUNDAMENTAL RIGHTS

F - Freedom of Speech, U - Unity, N - Non-discrimination, D - Dignity, A - Association, M - Movement, E - Equality, N - Not exploitation, T - To constitutional remedies, A - Against discrimination, L - Life and personal liberty.

DPSP

D - Directive, P - Principles, S - State, P - Policy; Remember that these are the guidelines for the State's governance.

Constitutional Amendments

A - Amendment, B - Basic structure, C - Constitutional supremacy, D - Democracy; These represent key aspects of how amendments affect our Constitution.