Last reviewed · Written and checked by the Prelims Lab faculty · About 35 min to read
Company and Crown rule Acts, the Constituent Assembly, sources of the Constitution. Free notes for UPSC CSE Prelims 2027, written around the traps UPSC sets, with the exact text of the Constitution and every past question on the topic.
- Company Rule (1773–1858)
- India's Constitution did not appear suddenly in 1950. For almost 175 years the British Parliament passed one law after another to run India.
- Crown Rule (1858–1947)
- After the Revolt of 1857, the British government decided the Company could not be trusted. In 1858 the British Crown (the Queen) took over directly.
- The Constituent Assembly
- A Constituent Assembly is a group of people chosen to write a constitution. Indians demanded one for many years (M.N.
- Sources of the Constitution
- The makers of our Constitution studied the constitutions of many countries and took what suited India. This is why our Constitution is sometimes called a "borrowed" constitution.
- The Drafting Committee and adoption
- Writing the actual text was the job of the Drafting Committee, set up on 29 August 1947. It had 7 members and was chaired by Dr B.R.
- Views on the Constituent Assembly
- Not everyone praised the Assembly.
How to read: each section has The idea in brief (start here if the topic is new), Exam notes (the facts UPSC tests) and Ranker’s edge (the fine points). Each section opens with the bare text of the Constitution. Open In depth for the story behind it and past questions.
1. Company Rule (1773–1858)
The idea in brief
India’s Constitution did not appear suddenly in 1950. For almost 175 years the British Parliament passed one law after another to run India. Each law added a little: a council here, a court there, a few Indian members later. Our Constitution borrowed many of these ideas. So this chapter is the “family history” of the Constitution.
The story begins with a trading company. The East India Company came to trade but slowly started ruling Bengal after 1757. The British Parliament worried that a private company was ruling millions of people, so it began passing laws to control it.
Think of it like thisA shop owner (the Company) starts running the whole town. The government (British Parliament) first appoints a supervisor (1773), then takes away the shop’s trading rights (1813, 1833), and finally separates the people who make rules from those who run the town (1853).
Exam notes
| Act | Key provisions | Remember it as |
|---|---|---|
| Regulating Act, 1773 | Governor of Bengal became Governor-General of Bengal (Warren Hastings) with a 4-member council. Bombay and Madras made subordinate. Supreme Court at Calcutta (1774): 1 Chief Justice + 3 judges. Company servants barred from private trade and gifts | First step by Parliament to control the Company |
| Amending Act, 1781 | Governor-General and council exempted from the Supreme Court for official acts; revenue matters excluded; Hindu and Muslim personal laws to be applied | Act of Settlement |
| Pitt’s India Act, 1784 | Court of Directors kept trade; new Board of Control ran politics | Double government; “British possessions in India” |
| Charter Act, 1813 | Ended trade monopoly, except tea and China trade; missionaries allowed; money for education | Crown’s sovereignty asserted |
| Charter Act, 1833 | Governor-General of Bengal became Governor-General of India (William Bentinck). Bombay and Madras lost law-making powers. Company purely administrative. Laws called “Acts”, not “Regulations”. Open competition proposed but dropped | Final step of centralisation (PYQ 2023) |
| Charter Act, 1853 | Separated legislative and executive functions: 6 legislative members, a “mini-Parliament”. Open competition for civil services (Macaulay Committee, 1854). 4 of 6 legislative members from Madras, Bombay, Bengal, Agra | First local representation |
| Prelims trap: 1833 only proposed open competition; 1853 introduced it. Governor-General of Bengal = 1773; of India = 1833; Viceroy = 1858. | ||
Remember itOne Act, one word: 1773 Regulate (first control, GG of Bengal) → 1784 Split (double government) → 1813 Open (trade monopoly ends) → 1833 Centralise (GG of India) → 1853 Separate (law-making apart; open competition). Charters came every 20 years: 13, 33, 53.
Beyond the basics · ranker’s edge
| Act | Fine print UPSC uses to build wrong statements |
|---|---|
| Regulating Act, 1773 | Council of 4; Supreme Court at Calcutta set up in 1774 with Elijah Impey as first Chief Justice. Directors had to report revenue, civil and military affairs to the British government |
| Pitt’s India Act, 1784 | Board of Control had 6 members. First use of the phrase “British possessions in India“ |
| Charter Act, 1793 | Often skipped: salaries of the Board of Control to be paid from Indian revenues; charter renewed for 20 years |
| Charter Act, 1813 | ₹1 lakh a year for education; local governments could levy taxes |
| Charter Act, 1833 | Law Member added (Macaulay); first Law Commission (1834). Section 87: no Indian barred from office by religion, birth, descent or colour. Directed mitigation of slavery (abolished 1843) |
| Charter Act, 1853 | Legislative Council of 12. Charter not renewed for a fixed term: Company to continue “until Parliament provides otherwise”. |
| Prelims trap: Statements mixing 1833 (centralisation, Company ends trade) and 1853 (separation of law-making, open competition, local representation) are the classic pair. (PYQ 2023) | |
In depth: the story behind it and how UPSC asks it
Why each Act came when it did
Each Company-era Act answered a crisis. Knowing the crisis makes the Act’s contents easy to recall.
| Act | What forced Parliament’s hand |
|---|---|
| Regulating Act, 1773 | The Company was near bankruptcy after the Bengal famine of 1770 and costly wars, and asked Parliament for a loan in 1772. Parliament lent the money with strings attached: the first statutory control over the Company. |
| Pitt’s India Act, 1784 | The 1773 set-up failed in practice. Warren Hastings was outvoted by his own council, and the Calcutta Supreme Court clashed with the government. An earlier India Bill by Charles Fox (1783) had failed and brought down his government. Pitt’s answer was a government Board of Control alongside the Company’s directors. |
| Charter Act, 1813 | British merchants, hurt by Napoleon’s blockade of European trade, demanded access to the Indian market. The Company’s trade monopoly was ended, except for tea and trade with China. |
| Charter Act, 1833 | The new industrial class believed in free trade, so the Company lost its last trade and became a pure administrator. Lawmaking was concentrated in one Governor-General of India in Council. |
| Charter Act, 1853 | Criticism of patronage in Company appointments grew. The Act opened the civil service to competition and was renewed with no fixed term: a sign that Company rule was ending. |
The story behind it: three ideas that survive in 1950
- Parliament controls the executive. From 1773 the British Parliament kept tightening control over whoever ruled India. The same principle, an executive answerable to an elected legislature, became India’s parliamentary system.
- One centre makes the laws. 1833 put lawmaking in one central body and took it from Bombay and Madras. The pull between a strong centre and the provinces never ended; it shaped the Seventh Schedule.
- Merit, not birth, for public office. Section 87 of the 1833 Act said no Indian could be barred from office because of religion, place of birth, descent or colour. The 1853 Act opened the civil service to competition. Both ideas live on in the text below.
Compare clause (2) with the promise of 1833: religion, place of birth, descent, colour. Article 16(2) keeps “descent” and “place of birth”, the words that came from India’s colonial experience of being kept out of office.
How UPSC asks it
- UPSC 2023 By which one of the following Acts was the Governor General of Bengal designated as the Governor General of India?
- The Regulating Act
- The Pitt's India Act
- The Charter Act of 1793
- The Charter Act of 1833
Show answer
(d) The Charter Act of 1833. The Charter Act, 1833 (William Bentinck). The Regulating Act, 1773 created the Governor-General of Bengal.
2. Crown Rule (1858–1947)
The bare text
Reading the text
- “Dominions”, not republics: in 1947 India became a Dominion with the British King as head of state, represented by a Governor-General. It became a republic only on 26 January 1950. That is why Mountbatten, and then C. Rajagopalachari, were Governors-General.
- “Set up in India”: the Act created two States out of British India. It did not write a constitution for either. Each Constituent Assembly was free to write its own and could even repeal this Act, which India did in Article 395.
- Section 7(1)(b), “suzerainty … lapses”: the British did not hand the princely states to India. They released them, legally free to choose. That is why over 550 states had to be brought in one by one through Instruments of Accession, the work of Sardar Patel and V.P. Menon.
The idea in brief
After the Revolt of 1857, the British government decided the Company could not be trusted. In 1858 the British Crown (the Queen) took over directly. From now on, the laws slowly let Indians into the government, first as nominated members, later as elected members.
What is dyarchy?“Dyarchy” means rule by two. In 1919, a province’s subjects were split. Transferred subjects like education and health went to Indian ministers. Reserved subjects like police and finance stayed with the British Governor. The real power stayed with the British.
Exam notes
| Act | Key provisions | Remember it as |
|---|---|---|
| GoI Act, 1858 | Company abolished; rule in the Queen’s name. Governor-General also Viceroy (Lord Canning). Secretary of State for India with a 15-member council. Board of Control and Court of Directors abolished | End of double government |
| Indian Councils Act, 1861 | Indians nominated to the legislature (Raja of Benaras, Maharaja of Patiala, Sir Dinkar Rao, 1862). Law-making restored to Bombay and Madras. Portfolio system recognised. Viceroy’s ordinances (6 months) | First representative institutions |
| Indian Councils Act, 1892 | More non-official members; councils could discuss the budget and ask questions, but not vote on it | Indirect election (word “election” not used) |
| Indian Councils Act, 1909 | Morley–Minto. Central council 16 → 60. S.P. Sinha first Indian in the Viceroy’s Executive Council | Separate electorate for Muslims; Minto “Father of Communal Electorate” |
| GoI Act, 1919 | Montagu–Chelmsford (in force 1921). Central and provincial subjects separated; provincial subjects transferred (ministers) and reserved (Governor). Bicameral centre; direct elections. Separate electorates extended. Public Service Commission (set up 1926) | Dyarchy in provinces (PYQ 2022) |
| GoI Act, 1935 | 321 sections. All-India Federation (never formed). Three lists: Federal 59, Provincial 54, Concurrent 36; residuary powers with the Viceroy. Provincial autonomy (1937). Dyarchy proposed at the Centre (never applied). Bicameral in 6 of 11 provinces. RBI, Federal Court (1937), PSCs. Burma separated | Basis of Centre–State division (PYQ 2012) |
| Independence Act, 1947 | Based on the Mountbatten Plan (3 June 1947). Two dominions from 15 August 1947, each free to leave the Commonwealth. The Act did not write a constitution; each Assembly could frame and adopt any constitution and repeal British laws, including this Act. Viceroy ended. Constituent Assemblies fully sovereign. Paramountcy over princely states lapsed. Governor-General and Governors made nominal heads | GoI Act 1935 governed till 1950 |
| Prelims trap: Reserved (1919): police, justice, prisons, land revenue, finance. Transferred: education, health, local self-government, agriculture. Dyarchy: provinces 1919, proposed at the Centre 1935 (never applied). | ||
Remember itQueen → Nominate → Discuss → Divide → Dyarchy → Federate → Free: 1858 Crown takes over; 1861 Indians nominated; 1892 budget discussed, not voted; 1909 separate electorates; 1919 dyarchy in provinces; 1935 three lists and Federal Court; 1947 independence.
Beyond the basics · ranker’s edge
| Act | Depth beyond the basic list |
|---|---|
| GoI Act, 1858 | “Act for the Good Government of India”. Secretary of State was a member of the British Cabinet, with a 15-member Council; he was a body corporate that could sue and be sued. Lord Canning first Viceroy |
| Indian Councils Act, 1861 | Portfolio system started by Canning in 1859 and given legal recognition. New legislative councils: Bengal (1862), NWFP (1866), Punjab (1897). Ordinances valid for 6 months |
| Indian Councils Act, 1892 | “Limited and indirect” election: members nominated on the recommendation of provincial councils, universities, chambers of commerce, municipalities |
| Indian Councils Act, 1909 | Official majority kept at the Centre; non-official majority allowed in provincial councils. Members could ask supplementary questions and move resolutions on the budget. S.P. Sinha became Law Member |
| GoI Act, 1919 | Based on the 20 August 1917 declaration of “responsible government”. Upper House: Council of State; lower: Legislative Assembly; majority elected. 3 of 6 Executive Council members (other than the C-in-C) Indian. Communal representation extended to Sikhs, Indian Christians, Anglo-Indians, Europeans. Franchise on property, tax or education. High Commissioner for India in London. Provincial budgets separated from the Centre. Statutory commission after 10 years (Simon, 1927) |
| GoI Act, 1935 | 321 sections and 10 Schedules. Abolished the Council of India. Communal representation extended to the depressed classes, women and labour. Franchise about 10% of the population. Federal, provincial and joint PSCs. Bicameral provinces: Bengal, Bombay, Madras, Bihar, Assam, United Provinces |
| Independence Act, 1947 | Abolished the office of Secretary of State; dropped the title “Emperor of India”; Governor-General could assent to any bill in the King’s name. Mountbatten first GG of free India; C. Rajagopalachari the first and last Indian GG |
| Prelims trap: The 1935 Act provided for RBI, but RBI was actually created by the RBI Act, 1934 (began 1 April 1935). Federal Court began on 1 October 1937. The Federation of 1935 needed princely states to join, so it never came into being. (PYQ 2022, 2012) | |
In depth: the story behind it and how UPSC asks it
The story behind the Crown-era Acts
| Act | What forced it |
|---|---|
| GoI Act, 1858 | The Revolt of 1857 convinced Britain that a trading company could not rule India. The Crown took over directly. |
| Indian Councils Act, 1861 | A lesson of the Revolt: the government had not known what Indians thought. Sayyid Ahmad Khan argued this in his essay on the causes of the Revolt. A few Indians were nominated to the legislature to act as a sounding board. |
| Indian Councils Act, 1892 | The Indian National Congress, founded in 1885, demanded more representation; the Act conceded indirect, limited election. |
| Indian Councils Act, 1909 | Unrest after the 1905 partition of Bengal, and the 1906 Simla Deputation of Muslim leaders asking for separate representation, led to separate electorates. |
| GoI Act, 1919 | India’s large contribution to the First World War, and Secretary of State Montagu’s declaration of 20 August 1917 promising “responsible government”, led to dyarchy in the provinces. |
| GoI Act, 1935 | Built from the Simon Commission’s report (1930), three Round Table Conferences (1930–32) and a White Paper (1933), after Indian protests at a Commission with no Indian member. |
| Independence Act, 1947 | British Prime Minister Attlee announced on 20 February 1947 that power would be handed over by June 1948. The Mountbatten Plan of 3 June brought partition forward; the Act passed on 18 July. |
From the 1935 Act to the Constitution
The 1935 Act is the direct ancestor of much of the Constitution’s machinery. Its three lists became the Seventh Schedule; its Federal Court (1937) became the Supreme Court; its Public Service Commissions became Part XIV. The Governor’s power to take over a province when government broke down, section 93 of the 1935 Act, became Article 356. This is why UPSC asks which document the Centre–State division is based on: the 1935 Act.
How UPSC asks it
- UPSC 2022 In the Government of India Act 1919, the functions of Provincial Government were divided into "Reserved" and "Transferred" subjects. Which of the following were treated as "Reserved" subjects?
- Administration of Justice
- Local Self-Government
- Land Revenue
- Police
- 1, 2 and 3
- 2, 3 and 4
- 1, 3 and 4
- 1, 2 and 4
Show answer
(c) 1, 3 and 4. Local self-government was a transferred subject, handed to Indian ministers. Justice, land revenue and police stayed reserved. - UPSC 2012 The distribution of powers between the Centre and the States in the Indian Constitution is based on the scheme provided in the:
- Morley-Minto Reforms, 1909
- Montagu-Chelmsford Act, 1919
- Government of India Act, 1935
- Indian Independence Act, 1947
Show answer
(c) Government of India Act, 1935. The 1935 Act’s Federal, Provincial and Concurrent Lists became today’s Union, State and Concurrent Lists (Seventh Schedule).
3. The Constituent Assembly
The idea in brief
A Constituent Assembly is a group of people chosen to write a constitution. Indians demanded one for many years (M.N. Roy first suggested it in 1934). It was finally formed in 1946 under the Cabinet Mission Plan.
Exam notes
| The demand | M.N. Roy first proposed it (1934); Congress demanded it (1935); August Offer accepted it (1940); Cripps (1942); Cabinet Mission plan (1946) |
| Composition | 389 seats: 296 British India (292 provinces + 4 Chief Commissioners’ provinces) + 93 princely states. About 1 seat per million people |
| How chosen | Provincial members elected indirectly by provincial assemblies, by single transferable vote; princely members nominated. So partly elected, partly nominated |
| 1946 elections | Congress 208, Muslim League 73, others 15. After Partition: 299 members. 15 women |
| Presidents | Sachchidananda Sinha temporary (oldest member, French practice) (PYQ 2024); Rajendra Prasad permanent (11 Dec 1946) |
| Objectives Resolution | Moved by Nehru 13 Dec 1946; adopted 22 Jan 1947; became the Preamble |
| Two roles (1947) | Constitution-making (chaired by Rajendra Prasad) and law-making as Dominion Legislature (G.V. Mavalankar) |
| Adopted | 26 Nov 1949: Preamble, 395 Articles, 22 Parts, 8 Schedules (284 members signed it on 24 January 1950). Citizenship, elections and provisional Parliament provisions came into force that day |
| In force | 26 Jan 1950, chosen for Purna Swaraj Day (1930) |
| Time and cost | 2 years, 11 months, 18 days; 11 sessions; about ₹64 lakh |
| Other facts | Constitutional Adviser B.N. Rau; seal: elephant; calligrapher Prem Behari Narain Raizada; Hindi text: Article 394A (58th Amendment, 1987) |
| Committee | Chairman |
|---|---|
| Drafting Committee (set up 29 Aug 1947, 7 members) | B.R. Ambedkar |
| Union Constitution Committee; Union Powers Committee; States Committee (negotiating with princely states) | Jawaharlal Nehru |
| Ad hoc Committee on the Supreme Court | S. Varadachariar |
| Committee on the Functions of the Constituent Assembly | G.V. Mavalankar |
| Order of Business Committee | K.M. Munshi |
| House Committee | B. Pattabhi Sitaramayya |
| North-East Frontier Tribal Areas and Assam Sub-Committee | Gopinath Bardoloi |
| Excluded and Partially Excluded Areas Sub-Committee | A.V. Thakkar |
| Provincial Constitution; Advisory Committee on Rights, Minorities | Sardar Patel |
| Fundamental Rights Sub-Committee | J.B. Kripalani |
| Minorities Sub-Committee | H.C. Mukherjee |
| Rules of Procedure; Steering; National Flag | Rajendra Prasad |
| Prelims trap: The Assembly was not elected on adult franchise. Nehru = Union committees; Patel = Provinces and rights; Prasad = procedure. | |
Remember itDates in a line: 9 Dec 1946 first sitting → 11 Dec Prasad President → 13 Dec Objectives Resolution → 22 Jan 1947 it is adopted → 26 Nov 1949 Constitution adopted → 26 Jan 1950 in force. Numbers: 389 planned, 299 after Partition, 15 women.
Beyond the basics · ranker’s edge
| Point | What toppers know |
|---|---|
| Seat allocation | Provincial seats divided among Muslims, Sikhs and General in proportion to population; each community’s members elected by members of that community in the provincial assembly, by single transferable vote |
| First sitting | 9 Dec 1946: 211 members attended; the Muslim League boycotted. Princely states joined gradually; Hyderabad never sent members |
| After Partition | 299 members (229 provinces + 70 princely states); reassembled on 14 Aug 1947 as a sovereign body |
| Women members | 15 originally, including Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh, Rajkumari Amrit Kaur, Sucheta Kripalani, Ammu Swaminathan. Dakshayani Velayudhan the only Dalit woman; Begum Aizaz Rasul the only Muslim woman after Partition. Hansa Mehta presented the National Flag “on behalf of the women of India” on 14 Aug 1947 |
| Workload | 11 sessions over 165 days, of which 114 on the draft. About 7,600 amendments proposed, about 2,400 moved |
| As Dominion Legislature | Also enacted ordinary laws; adopted the Flag (22 Jul 1947); ratified Commonwealth membership (May 1949); elected Rajendra Prasad President (24 Jan 1950). Continued as the provisional Parliament till 1952 |
| The physical document | Hindi: Vasant Krishan Vaidya; art by Nandalal Bose’s team, Preamble page by Beohar Rammanohar Sinha. Chief draftsman: S.N. Mukherjee |
| Prelims trap: “The Assembly was directly elected on adult franchise” is false. “It was a sovereign body from its first sitting” is false; it became sovereign under the Independence Act, 1947. (PYQ 2024: temporary President) | |
In depth: the story behind it and how UPSC asks it
The story behind it
The demand for a Constituent Assembly was a demand that Indians, not the British Parliament, write India’s constitution. M.N. Roy first put the idea forward in 1934; the Congress adopted it in 1935; Britain accepted it in principle in the August Offer of 1940. It became real only with the Cabinet Mission Plan of 1946.
- Why indirect election? An election by universal adult franchise in 1946 would have taken years. The Cabinet Mission instead had the members chosen by the provincial assemblies, elected earlier in 1946, using proportional representation by single transferable vote. Princely states’ seats were to be filled by nomination of their rulers.
- Why a temporary President? At the first sitting on 9 December 1946, the oldest member, Dr Sachchidananda Sinha, presided, following French practice, until Rajendra Prasad was elected on 11 December. UPSC asked this in 2024.
- The Muslim League stayed away, so the Assembly’s early work went ahead without it. After Partition, members from areas that went to Pakistan left, and the strength fell from 389 seats to 299.
- Two roles after 1947: the Independence Act made the Assembly both a constitution-maker and Dominion India’s Parliament. It met separately for each role; G.V. Mavalankar presided when it sat as the legislature.
The Objectives Resolution, moved by Nehru on 13 December 1946 and adopted on 22 January 1947, set out the aims: an independent sovereign republic, justice, equality, freedoms, and safeguards for minorities and backward areas. It was the seed of the Preamble.
How UPSC asks it
- UPSC 2024 Who was the Provisional President of the Constituent Assembly before Dr. Rajendra Prasad took over?
- C. Rajagopalachari
- Dr. B.R. Ambedkar
- T.T. Krishnamachari
- Dr. Sachchidananda Sinha
Show answer
(d) Dr. Sachchidananda Sinha. Sachchidananda Sinha, the oldest member, presided over the first meeting on 9 Dec 1946, following French practice. - UPSC 2005 Who among the following was the chairman of the Union Constitution Committee of the Constituent Assembly?
- B.R. Ambedkar
- J.B. Kripalani
- Jawaharlal Nehru
- Alladi Krishnaswami Ayyar
Show answer
(c) Jawaharlal Nehru. Nehru. Ambedkar chaired the Drafting Committee; Kripalani the Fundamental Rights Sub-Committee.
4. Sources of the Constitution
The idea in brief
The makers of our Constitution studied the constitutions of many countries and took what suited India. This is why our Constitution is sometimes called a “borrowed” constitution. But the borrowed ideas were adapted to Indian needs.
Memory hook“Rights from America, Directives from Ireland, Duties from Russia.” Rights, Directives, Duties come from three different countries.
Exam notes
| Source | Features taken |
|---|---|
| GoI Act, 1935 | Federal scheme, Governor, judiciary, PSCs, emergency provisions, administrative details |
| Britain | Parliamentary government, rule of law, law-making procedure, single citizenship, cabinet system, writs, privileges, bicameralism |
| USA | Fundamental Rights, judicial review, independent judiciary, impeachment of President, removal of judges, Vice-President |
| Ireland | Directive Principles, nomination to Rajya Sabha, method of electing the President |
| Canada | Federation with a strong Centre, residuary powers with the Centre, Centre appoints Governors |
| Australia | Concurrent List, freedom of trade and commerce, joint sitting |
| Germany (Weimar) | Suspension of Fundamental Rights during emergency |
| USSR | Fundamental Duties; social, economic and political justice in the Preamble |
| France | Republic; liberty, equality, fraternity |
| South Africa | Amendment procedure; election of Rajya Sabha members |
| Japan | Procedure established by law |
| Prelims trap: Emergency in general is from the 1935 Act; only suspension of Fundamental Rights is from Germany. “Liberty, equality, fraternity” is French; “justice: social, economic, political” is Soviet (PYQ 2003). | |
Remember itRights from America, Directives from Ireland, Duties from Russia, Concurrent List from Australia, strong Centre from Canada, amendment from South Africa, suspending rights in emergency from Germany, “procedure established by law” from Japan; the skeleton from the 1935 Act.
Beyond the basics · ranker’s edge
| Source | Less obvious borrowings |
|---|---|
| Canada | Advisory jurisdiction of the Supreme Court (Article 143); appointment of State Governors by the Centre |
| Britain | Prerogative writs, parliamentary privileges, office of Speaker, bicameralism, rule of law |
| USA | Office of Vice-President, removal of Supreme Court and High Court judges, judicial review |
| Japan vs USA | Article 21 used Japan’s “procedure established by law”, rejecting US “due process”; Maneka Gandhi (1978) read substantive due process back in |
| 1935 Act vs Australia | The 1935 Act already had a Concurrent List of 36 entries; textbooks still credit the idea of the Concurrent List to Australia |
In depth: the story behind it and how UPSC asks it
Borrowed, then changed
No feature was copied whole. Knowing the Indian change is the part UPSC tests when it asks about sources.
| Feature | Taken from | What India changed |
|---|---|---|
| Parliamentary government | Britain | A written Constitution that is supreme, with judicial review; an elected President in place of a hereditary monarch |
| Fundamental Rights, judicial review | USA | Rights come with “reasonable restrictions”; “procedure established by law” (from Japan) in place of “due process” |
| Directive Principles | Ireland (which took the idea from Spain’s 1931 Constitution) | Non-justiciable, but “fundamental in the governance of the country” (Article 37) |
| Federation with a strong Centre | Canada | A “Union of States” (Article 1): no State can leave, and Parliament can redraw States (Article 3) |
| Concurrent List; freedom of trade; joint sitting | Australia | Joint sittings are called by the President, with the Speaker presiding |
| Suspension of rights in Emergency | Weimar Germany | After 1978, Articles 20 and 21 can never be suspended |
| Amendment procedure | South Africa | The basic-structure limit, added by the Supreme Court in 1973 |
| Republic; liberty, equality, fraternity | France | Fraternity tied to “the dignity of the individual and the unity and integrity of the Nation” |
| Fundamental Duties | USSR | Added only in 1976 (42nd Amendment); not part of the original text |
The story behind it
Critics in the Assembly called the draft a copy of the 1935 Act and of foreign constitutions. In November 1948 Ambedkar answered that a constitution written so late in history could only improve on earlier ones. On the 1935 Act he said: “There is nothing to be ashamed of in borrowing. It involves no plagiarism.” The test, he argued, was whether each borrowed part had been adapted to India’s needs.
How UPSC asks it
- UPSC 2003 Match (Item: Country): A. Directive Principles of State Policy B. Fundamental Rights C. Concurrent List in Union-State Relations D. India as a Union of States with greater powers to the Union —
- Australia
- Canada
- Ireland
- United Kingdom
- United States of America
- A-5, B-4, C-1, D-2
- A-3, B-5, C-2, D-1
- A-5, B-4, C-2, D-1
- A-3, B-5, C-1, D-2
Show answer
(d) A-3, B-5, C-1, D-2. DPSP: Ireland · Fundamental Rights: USA · Concurrent List: Australia · strong Union: Canada.
5. The Drafting Committee and adoption
The bare text
Reading the text
- Article 393 gives the Constitution its name, “the Constitution of India”. UPSC’s 2026 question offered the opposite as a statement.
- Article 394 brought two dates into play. Citizenship (Articles 5–9), the President’s oath (60), the Election Commission (324), definitions (366, 367) and the transitional Articles came into force at once, on 26 November 1949. The rest waited until 26 January 1950, the “commencement of this Constitution”. The early Articles were needed to decide who was a citizen and to prepare the first elections.
- Article 395 repeals both the Indian Independence Act, 1947 and the Government of India Act, 1935. By repealing the very British Act that created it, the Constitution cut its legal link with the British Parliament. Lawyers call this autochthony: the Constitution rests on its own authority. One law was kept on purpose, the Abolition of Privy Council Jurisdiction Act, 1949, so that appeals to London stayed abolished.
- Article 394A, added by the 58th Amendment (1987), makes the Hindi translation an authoritative text.
The idea in brief
Writing the actual text was the job of the Drafting Committee, set up on 29 August 1947. It had 7 members and was chaired by Dr B.R. Ambedkar, who is called the “chief architect” of the Constitution.
The draft was published in February 1948 so that the public could send suggestions. Then the Assembly debated it three times (called three “readings”), going through it clause by clause. On 26 November 1949 the Assembly passed it.
Common confusionAmbedkar chaired the Drafting Committee. The Constituent Assembly itself was chaired by Rajendra Prasad. Nehru and Patel were not in the Drafting Committee.
A few parts, like citizenship and elections, started on 26 November 1949 itself because they were needed to hold the first elections. The rest, including the Fundamental Rights, started on 26 January 1950.
Exam notes
| Item | Details |
|---|---|
| Seven members | B.R. Ambedkar (Chairman), N. Gopalaswamy Ayyangar, Alladi Krishnaswamy Ayyar, Dr K.M. Munshi, Syed Mohammad Saadullah, N. Madhava Rau (replaced B.L. Mitter), T.T. Krishnamachari (replaced D.P. Khaitan, who died in 1948) |
| Drafts | B.N. Rau’s draft (October 1947) → Drafting Committee’s draft published February 1948; people had about 8 months to send comments; revised draft October 1948 |
| Readings | Ambedkar moved the draft on 4 November 1948 (first reading). Second reading (clause by clause) from 15 Nov 1948 to 17 Oct 1949. Third reading from 14 Nov 1949; motion passed on 26 November 1949 |
| In force on 26 Nov 1949 | Articles on citizenship (5–9), elections (324), provisional Parliament (379), temporary and transitional provisions, short title (393), Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 |
| Last session | 24 January 1950: members signed; Rajendra Prasad elected first President; National Anthem and National Song adopted |
| National symbols | Flag adopted 22 July 1947; Anthem and Song 24 January 1950 |
| Interim Government (1946) | Formed 2 September 1946; Nehru Vice-President of the Executive Council (the Viceroy presided). Muslim League joined in October 1946 |
| Prelims trap: Ambedkar chaired the Drafting Committee, not the Assembly. Nehru and Patel were never members of the Drafting Committee. Fundamental Rights came into force on 26 January 1950, not 1949. | |
Remember it7 members, 1 chair, 3 readings, 2 replacements: Ambedkar chaired; Madhava Rau replaced B.L. Mitter and T.T. Krishnamachari replaced D.P. Khaitan. Citizenship and elections began on 26 Nov 1949; everything else on 26 Jan 1950.
Beyond the basics · ranker’s edge
| Point | Depth |
|---|---|
| Ambedkar’s seat | First elected from Bengal (Jessore–Khulna); after Partition that area went to East Pakistan, so he was re-elected from Bombay |
| 25 Nov 1949 speech | Three warnings: give up the “grammar of anarchy” (unconstitutional methods); no hero-worship (“bhakti”) in politics; turn political democracy into social democracy. Said that on 26 Jan 1950 India enters “a life of contradictions” |
| Articles in force on 26 Nov 1949 | 5–9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393: citizenship, elections, President’s oath, definitions, provisional Parliament, short title |
| Concluding Articles | 393 short title, 394 commencement, 394A authoritative Hindi text (58th Amendment, 1987), 395 repeals the Independence Act, 1947 and GoI Act, 1935 (but not the Abolition of Privy Council Jurisdiction Act, 1949) (PYQ 2026) |
| Interim Government | 2 Sep 1946: Nehru External Affairs; Patel Home; Rajendra Prasad Food and Agriculture; Liaquat Ali Khan Finance (League joined October 1946) |
| Observances | Constitution Day, 26 November, since 2015 (earlier Law Day). Samvidhan Hatya Diwas, 25 June, notified in 2024 for the Emergency |
| Prelims trap: 2026 asked whether any Article names the Constitution, repeals the 1935 and 1947 Acts, or fixes 26 January 1950. All three exist (393, 395, 394), so “no correct statement”. Learn the concluding Articles by number. | |
In depth: the story behind it and how UPSC asks it
The story behind it
The Drafting Committee was set up on 29 August 1947 with Ambedkar as chairman. Its draft was published in February 1948, debated in three readings, and adopted on 26 November 1949. Since 2015 that day has been observed as Constitution Day, “Samvidhan Divas”; earlier it was marked as Law Day. Members signed the hand-written copies on 24 January 1950. The English calligraphy is by Prem Behari Narain Raizada, and the pages were decorated by artists of Santiniketan led by Nandalal Bose.
Why 26 January? On that day in 1930 the Congress had celebrated “Purna Swaraj” day, following the Lahore session’s call for complete independence. Starting the Republic on that date tied the new State to the freedom movement.
How UPSC asks it
- UPSC 2026 Consider the following statements with reference to the Constitution of India:
- There is no Article in the Constitution of India that specifies that the Constitution of India will be officially called the 'Constitution of India'.
- There is no Article in the Constitution of India that specifies that the Indian Independence Act, 1947 and the Government of India Act, 1935 stand repealed.
- There is no Article in the Constitution of India that mentions 26th January, 1950 as the date of the commencement of the Constitution of India.
- All three statements are correct.
- There is no correct statement.
- There are two correct statements that include statement 3.
- There is only one correct statement.
Show answer
(b) There is no correct statement. All three are false. Article 393 gives the short title ‘the Constitution of India’, Article 395 repeals the Indian Independence Act, 1947 and the Government of India Act, 1935, and Article 394 brings the remaining provisions into force on 26 January 1950. - UPSC 2023 Consider the following statements in respect of the Constitution Day: Statement-I: Constitution Day is celebrated on 26th November every year to promote constitutional values among citizens. Statement-II: On 26th November 1949, the Constituent Assembly of India set up a Drafting Committee under the Chairmanship of Dr. B. R. Ambedkar to prepare a Draft Constitution of India.
- Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
- Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
- Statement-I is correct but Statement-II is incorrect
- Statement-I is incorrect but Statement-II is correct
Show answer
(c) Statement-I is correct but Statement-II is incorrect. 26 November marks the adoption of the Constitution in 1949. The Drafting Committee was set up on 29 August 1947.
6. Views on the Constituent Assembly
The idea in brief
Not everyone praised the Assembly. Critics said:
Supporters answer that the Assembly still included people from many regions, religions and views, and decided most things by discussion and consensus. The historian Granville Austin praised this.
A line worth rememberingRajendra Prasad said a Constitution is like a machine, a lifeless thing. It comes alive only through the people who run it.
Exam notes
| Who / what | What was said |
|---|---|
| Criticisms | Not representative (no adult franchise); not sovereign (created by a British plan); took too long; dominated by the Congress, by lawyer-politicians and by Hindus |
| Somnath Lahiri | Communist member: the Assembly was “British made” and was working “British plans as the British should like them to be worked out” |
| Granville Austin | Called the Assembly “a one-party body in an essentially one-party country”. India’s original contributions to constitution-making: consensus and accommodation. Called the Constitution “first and foremost a social document” |
| Winston Churchill | Said the Assembly represented only one major community in India |
| Ambedkar | The Draft “only provides a machinery for the government”; who rules “is left to be determined by the people”. Called Article 32 the “heart and soul” of the Constitution |
| Rajendra Prasad | “A Constitution, like a machine, is a lifeless thing. It acquires life because of the men who control it” |
| Public role | The draft was published and comments invited; newspapers and associations sent suggestions, so the public did shape debates |
| Gandhi | In his last note (January 1948) proposed that the Congress dissolve itself as a party and become the Lok Sevak Sangh |
| Prelims trap: Ivor Jennings called it a “lawyers’ paradise”; Austin’s phrase is “one-party body”. Members were chosen by the provincial assemblies elected in 1946, so the link to voters was indirect. | |
Remember itMatch the critic to the line: Jennings = “lawyers’ paradise”; Austin = “one-party body”, “seamless web”; Hanumanthaiya = veena vs English band; Ambedkar = Article 32 “heart and soul”.
Beyond the basics · ranker’s edge
| Who | Quote or view to match |
|---|---|
| K. Hanumanthaiya | “We wanted the music of Veena or Sitar, but here we have the music of an English band” |
| Lokanath Misra | Called the draft a “slavish imitation of, nay, slavish surrender to the West” |
| Ivor Jennings | “Lawyers’ paradise” (too long, too detailed) |
| Granville Austin | national unity, democracy and social revolution as a “seamless web“ |
| Ambedkar on borrowing | Nothing to be ashamed of: the fundamentals of constitutions are well known; the 1935 Act provisions mostly relate to administrative details |
| Prelims trap: UPSC pairs quotes with the wrong people. “Lawyers’ paradise” is Jennings, not Austin. “Heart and soul” (Article 32) is Ambedkar. | |
In depth: the story behind it and how UPSC asks it
The story behind it
Three criticisms recur: the Assembly was not elected by adult franchise; the Congress dominated it; and lawyers and politicians filled it. The standard reply comes from historian Granville Austin. The Congress was then the broad national movement, so its dominance reflected India rather than distorted it. And the Assembly worked by consensus and accommodation, not by majority vote alone.
Ambedkar’s last speech in the Assembly, on 25 November 1949, is often cited. He gave three warnings for the new Republic:
- Give up unconstitutional methods, such as civil disobedience, now that constitutional means exist.
- Do not lay your liberties at the feet of a great man. Hero-worship in politics leads to dictatorship.
- Make political democracy a social democracy, because “one man, one vote” would not survive alongside deep social and economic inequality.
7. Quick revision and traps
Exam notes
| Fact | Answer |
|---|---|
| First Act of Parliament to control the Company | Regulating Act, 1773 |
| Indians first nominated to the legislature | Indian Councils Act, 1861 |
| Budget discussion (not voting) | Indian Councils Act, 1892 |
| Separate electorates for Muslims | Indian Councils Act, 1909 |
| Bicameral central legislature; direct elections; dyarchy in provinces | GoI Act, 1919 |
| Provincial autonomy; Federal Court; RBI; Burma separated | GoI Act, 1935 |
| Ordinance power of the President, Governor’s office, emergency | Modelled on the GoI Act, 1935 |
| Assembly formed under | Cabinet Mission Plan, 1946 |
| First meeting / temporary President | 9 Dec 1946 / Sachchidananda Sinha |
| Vice-Presidents of the Assembly | H.C. Mukherjee and V.T. Krishnamachari |
| Adopted / in force | 26 Nov 1949 / 26 Jan 1950 |
| Prelims trap: Original Constitution: 395 Articles, 22 Parts, 8 Schedules. Today: about 470 Articles, 25 Parts, 12 Schedules. | |
Beyond the basics · ranker’s edge
| PYQ pattern | How to prepare |
|---|---|
| Act-wise statement sets (1833 vs 1853; 1909 vs 1919; 1935) | Learn one “signature feature” per Act and one feature it did not have |
| Assembly facts (temporary President, Objectives Resolution, committees) | Committee chairs: Nehru = Union; Prasad = procedure and flag |
| Text of the Constitution itself | 2026 moved to exact Articles (393–395). Expect similar on Articles 5–9 or 379–392 |
| New format | “Which conclusion is correct” options: count true statements first, then match the option |