Last reviewed 30 Sept 2026 · 13 min read
Historical background (in brief)
- Regulating Act 1773 (first step to control the East India Company); Pitt's India Act 1784; Charter Acts of 1813, 1833, 1853; Government of India Act 1858 (the Crown took over; Viceroy); Indian Councils Acts 1861, 1892, 1909 (Morley–Minto: separate electorates); Government of India Act 1919 (Montagu–Chelmsford: dyarchy in provinces); Government of India Act 1935 (provincial autonomy, federation, a Federal Court, bicameralism — a large part of the Constitution's structure is drawn from it); Indian Independence Act 1947.
- Nehru Report (1928) — the first attempt by Indians to draft a constitution; Objectives Resolution moved by Jawaharlal Nehru on 13 December 1946 (adopted 22 January 1947), which became the basis of the Preamble.
- Cabinet Mission Plan (1946) proposed the Constituent Assembly.
The Constituent Assembly
| Fact | Detail |
|---|---|
| Formed | 1946, under the Cabinet Mission Plan; members were indirectly elected by the provincial legislative assemblies (not by universal suffrage) |
| Strength | originally 389 (296 from British India + 93 from the princely states); after Partition, 299 |
| First meeting | 9 December 1946; the oldest member, Dr Sachchidananda Sinha, was the temporary (interim) President |
| Permanent President | Dr Rajendra Prasad (elected 11 December 1946) |
| Vice-Presidents | H. C. Mukherjee, V. T. Krishnamachari |
| Constitutional Adviser | B. N. Rau |
| Drafting Committee | set up 29 August 1947; Chairman Dr B. R. Ambedkar ("Father of the Indian Constitution"); 7 members (Ambedkar, N. Gopalaswami Ayyangar, Alladi Krishnaswami Ayyar, K. M. Munshi, Syed Mohammad Saadulla, N. Madhava Rau [replacing B. L. Mitter], D. P. Khaitan [later T. T. Krishnamachari]) |
| Time taken | 2 years, 11 months, 18 days; 165 days in 11 sessions |
| Adopted | 26 November 1949 (celebrated as Constitution Day / Samvidhan Divas) |
| Came into force | 26 January 1950 (celebrated as Republic Day; it was the day of the Purna Swaraj declaration in 1930) |
| Signed | by 284 members on 24 January 1950; the Constituent Assembly then became the Provisional Parliament |
| National symbols adopted | the National Flag (22 July 1947), National Anthem Jana Gana Mana and National Song Vande Mataram (24 January 1950) |
Original Constitution: 395 Articles, 22 Parts and 8 Schedules. Now: about 470 Articles (numbering with additions such as 21A, 243A), 25 Parts and 12 Schedules (after amendments). The original copies were handwritten by Prem Behari Narain Raizada in italic calligraphy, and decorated by Nandalal Bose and artists of Shantiniketan; the original is kept in Parliament House (helium-filled cases).
Other committees
- Union Powers Committee (Nehru), Union Constitution Committee (Nehru), Provincial Constitution Committee (Sardar Patel), Fundamental Rights and Minorities Committee (Patel), Rules of Procedure (Rajendra Prasad), Steering Committee (K. M. Munshi and others), States Committee (Nehru).
Sources of the Constitution
| Borrowed feature | From |
|---|---|
| Federal scheme, Federal Court, Governor, Public Service Commissions, emergency provisions, bicameralism | Government of India Act, 1935 |
| Parliamentary government, single citizenship, rule of law, Speaker, lawmaking procedure, Cabinet system, bicameralism, writs | British (UK) Constitution |
| Fundamental Rights, independence of judiciary, judicial review, impeachment of the President, removal of Supreme Court and High Court judges, Vice-President as Rajya Sabha chairman, Preamble ("We the People") | US Constitution |
| Directive Principles of State Policy, nomination of members to Rajya Sabha, method of Presidential election | Irish Constitution |
| Federation with a strong Centre, residuary powers with the Centre, appointment of state Governors by the Centre, advisory jurisdiction of the Supreme Court | Canadian Constitution |
| Concurrent List, freedom of trade and commerce, joint sitting of the two Houses | Australian Constitution |
| Fundamental Duties, ideals of justice (social, economic and political) in the Preamble | USSR (Russian) Constitution |
| Emergency provisions (suspension of fundamental rights) | Weimar (German) Constitution |
| Procedure of amendment; election of Rajya Sabha members | South African Constitution |
| Republic, the ideals of Liberty, Equality, Fraternity | French Constitution |
| Procedure established by law | Japanese Constitution |
The Preamble
Text (summary): 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.
- The words "Socialist", "Secular" and "Integrity" were added by the 42nd Amendment Act, 1976 (during the Emergency). The Preamble has been amended only once.
- The source of authority is "We, the people"; the aim is the four objectives (justice, liberty, equality, fraternity).
- Key words: Sovereign — independent externally and internally; Socialist — democratic socialism (a mixed economy); Secular — no state religion, equal respect for all religions; Democratic — government by the people (universal adult franchise); Republic — head of state (the President) is elected, not hereditary.
- Is the Preamble part of the Constitution? In Berubari Union case (1960) the Supreme Court held that the Preamble is not a part of the Constitution; in Kesavananda Bharati v. State of Kerala (1973) it held that it is a part and can be amended (but the basic structure cannot be destroyed). In the LIC of India case (1995) the Court reaffirmed it. The Preamble is not enforceable in courts and is neither a source of power nor a limitation on it.
- Nani Palkhivala called the Preamble the "identity card of the Constitution"; K. M. Munshi called it the "horoscope of our sovereign democratic republic".