Wednesday, 26 November 2025

Origins of Constitutional Thought



1. Origins of Constitutional Thought

The demand for a constitutional framework in India began in the late 19th century, shaped by the Indian National Congress, freedom movements, and the gradual realization that a self-governed nation required a written and supreme law to ensure justice, equality, and liberty.

2. Pre-Constitutional Experiments

The Government of India Acts of 1909, 1919, and 1935 functioned as experiments in representative governance, giving Indian leaders administrative exposure and forming the backbone upon which many constitutional provisions were later modeled.

3. Formation of the Constituent Assembly (1946)

The Constituent Assembly was formed in 1946 through Cabinet Mission Plan recommendations, comprising 389 members initially (later 299 after Partition), representing provinces, princely states, and diverse communities across the subcontinent.

4. Drafting Committee and Its Chairman

On 29 August 1947, the Drafting Committee was constituted with Dr. B. R. Ambedkar as its Chairman, supported by members N. Gopalaswami Ayyangar, Alladi Krishnaswamy Aiyar, K.M. Munshi, Syed Mohammad Saadullah, B.L. Mitter (later replaced by N. Madhava Rao), and D.P. Khaitan (replaced after his death by T.T. Krishnamachari).

5. Intellectual Foundations and Global Influences

The Indian Constitution blended world constitutional experiences: parliamentary democracy from the UK, federal structure from the US, directive principles from Ireland, judicial review from the US, emergency provisions from Germany, fundamental rights from multiple global charters, and ideals of liberty and equality from French and global human rights movements.

6. Drafting Through Debate and Deliberation

Between 1946 and 1949, the Assembly held 11 sessions over 165 days, debating every clause, rejecting ideas inconsistent with Indian unity, and refining provisions to ensure that the Constitution reflected India’s socio-cultural diversity while ensuring a strong, stable union.

7. Adoption of the Constitution (26 November 1949)

After intense scrutiny, the Constitution was formally adopted on 26 November 1949, containing 395 Articles, 8 Schedules, and nearly 60,000 words, making it one of the world’s lengthiest and most detailed written constitutions.

8. Development of Amendments During the Founding Years

Even before full enforcement on 26 January 1950, the framers anticipated evolving needs, allowing constitutional amendment under Article 368, and immediately after adoption, the First Amendment (1951) addressed land reforms, freedom of speech limitations, and social justice concerns.

9. Evolution Through Amendments After Adoption

Over the decades, the Constitution has undergone more than 100 amendments, covering democratic deepening, strengthening Panchayati Raj, anti-defection laws, reservation policies, education as a fundamental right, reduction of voting age, and economic, political, and social reforms.

10. Continuity and Contemporary Relevance

Today, the Constitution remains a dynamic and living document—guiding India’s democracy, protecting rights, enabling institutions, shaping national identity, and continuing to evolve through judicial interpretation, legislative amendment, and citizens’ constitutional consciousness.


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