Historical Background and Making of the Constitution

The Constituent Assembly was formed under the Cabinet Mission Plan (1946), NOT the Cripps Mission. Total strength was 389 (later 299 after Partition). Members were INDIRECTLY elected by Provincial Assemblies via proportional representation (single transferable vote). First meeting: 9 December 1946; Dr. Sachchidananda Sinha was the temporary/provisional President. Dr. Rajendra Prasad became permanent President on 11 December 1946. The Objective Resolution was moved by Jawaharlal Nehru on 13 December 1946. Memory aid: 'Sinha started, Prasad presided.' The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950 (chosen to commemorate Purna Swaraj Day of 1930). It took 2 years, 11 months, 18 days.

Drafting Committee (most important): Dr. B.R. Ambedkar — 7 members. Union Powers Committee, Union Constitution Committee, and States Committee: all chaired by Jawaharlal Nehru. Provincial Constitution Committee: Sardar Vallabhbhai Patel. Patel also chaired the Advisory Committee on Fundamental Rights and Minorities. Rules of Procedure Committee and Steering Committee: Dr. Rajendra Prasad. B.N. Rau was the Constitutional Advisor (not a Drafting Committee member). H.V.R. Iyengar was Secretary. Memory aid: Nehru = 'Union' man; Patel = 'Provincial + Rights'; Prasad = 'Rules + Steering'. Drafting Committee 7 members: Ambedkar, N. Gopalaswami Ayyangar, Alladi Krishnaswami Ayyar, K.M. Munshi, Saiyid Saadulla, N. Madhava Rau (replaced B.L. Mitter), T.T. Krishnamachari (replaced D.P. Khaitan).

India's Constitution did not appear out of thin air. The Drafting Committee, sitting between 1947 and 1949, openly borrowed institutions and ideas from every major constitutional democracy of the time — and from one Act of British India. UPSC Prelims tests these "borrowed features" almost every single year because the source country is the cleanest distractor an examiner can build. Master the list below and you have locked in two or three guaranteed marks.

Definition: A borrowed feature is a constitutional provision in the Indian Constitution that the framers deliberately modelled on a similar provision in another country's constitution or in an Act of Parliament. Borrowing was conscious, not accidental — Dr B R Ambedkar called it "ransacking the constitutions of the world" so that India might inherit the best of each.

The Government of India Act, 1935 — the single largest source

The GoI Act, 1935 is by far the single largest source of the Indian Constitution. From it we took the federal scheme, the office of the Governor, emergency provisions, public service commissions, administrative details, and a large portion of the language itself. Roughly two-thirds of the original text of the Constitution traces structurally back to the 1935 Act. If you remember nothing else, remember this: GoI 1935 is the largest single source.

United Kingdom — the parliamentary spine

From the UK we borrowed the parliamentary form of government, single citizenship, the cabinet system, bicameralism, the rule of law, the legislative procedure, the office of the Speaker and his functioning, and the system of prerogative writs. The Westminster style of executive-accountable-to-legislature, vote-of-no-confidence and Prime-Minister-as-leader-of-the-majority all come from here.

United States — the rights and review spine

From the US we took Fundamental Rights as enforceable judicial rights, judicial review, the independence of the judiciary, the impeachment of the President, the removal of judges of the Supreme Court and High Courts, and the basic idea of a preamble. Together with the UK borrowings, the US influence gives India a system that is parliamentary in form but rights-based in substance — a uniquely Indian fusion.

Ireland — directives and Rajya Sabha details

From Ireland came the Directive Principles of State Policy (DPSP), the procedure for nomination of members to the Rajya Sabha (12 nominated members), and the method of election of the President (electoral college, proportional representation, single transferable vote).

Canada — strong-centre federalism

From Canada the framers borrowed the model of a federation with a strong centre, the placing of residuary powers with the Centre (Article 248), the appointment of state Governors by the Centre, and the advisory jurisdiction of the Supreme Court. The Canadian-style federalism is what makes India a "Union of States" rather than a US-style federation of equals.

Australia — concurrent and joint mechanisms

From Australia we took the Concurrent List (the middle column of the Seventh Schedule), the joint sitting of the two Houses of Parliament (Article 108), the freedom of trade, commerce and intercourse between states (Article 301), and the language for the preamble's opening to some extent.

South Africa — amendment procedure

From South Africa came the procedure for amendment of the Constitution (Article 368) and the system for the election of members of the Rajya Sabha.

USSR — duties and ideals

From the erstwhile USSR we drew Fundamental Duties (Article 51A, added by the 42nd Amendment in 1976) and the ideals of social, economic and political justice in the Preamble.

France — republic and Preamble values

From France we borrowed the idea of a Republic as a form of government and the trinity of values in our Preamble — liberty, equality and fraternity.

Japan — procedure established by law

From Japan we adopted the phrase "procedure established by law" (Article 21), which was later expanded by the judiciary in Maneka Gandhi v. Union of India (1978) to include a "due process" reading.

Weimar Constitution (Germany) — emergency suspension

From the Weimar Republic of Germany came the provisions for suspension of Fundamental Rights during an emergency (Article 358 and 359). Many critics, including Granville Austin, have pointed out the irony — the same Weimar mechanism enabled the collapse into Nazism.

Why it matters

Why it matters: UPSC Prelims has asked at least one "borrowed features" question in over a dozen recent years (sometimes two — see Prelims 2017, 2019, 2021, 2023). The questions are deceptively simple match-the-source MCQs where one option swaps two countries. If you have a clear mental table, the marks are yours. If not, two minutes are lost guessing.

Real-world example

Real-world example: When the Lok Sabha and Rajya Sabha disagreed during the passage of the Banking Service Commission (Repeal) Bill, 1977, a joint sitting was summoned — that constitutional mechanism is a direct Australian import. Similarly, when the Supreme Court issued the famous Kesavananda Bharati (1973) ruling using judicial review to strike down a constitutional amendment, it was exercising a power borrowed from the United States.

Common misconception

Common misconception: Students often credit the UK with our Fundamental Rights — because they associate "rights" with "Magna Carta". This is wrong. The UK has no written Bill of Rights of the modern, enforceable kind; Fundamental Rights are borrowed from the United States. The UK contributed the rule of law and the writs, but not the rights themselves.

Another trap: DPSP is from Ireland, not from the USSR. The USSR gave us Fundamental Duties. Swap them in your head only at your own risk.

Worked example — UPSC-style match

Question: Match the following constitutional provisions with their borrowed source.
A. Concurrent List — 1. Ireland
B. Directive Principles — 2. Canada
C. Appointment of Governors — 3. Australia
D. Fundamental Duties — 4. USSR

Solution:
Step 1: Concurrent List → Australia.
Step 2: Directive Principles → Ireland.
Step 3: Appointment of Governors → Canada.
Step 4: Fundamental Duties → USSR.
Conclusion: A–3, B–1, C–2, D–4.

Cover the answer, recall, then check. 12 cards on the constitutional development and the Constituent Assembly.

Q1. Which Act first gave the British Crown control over the East India Company and created the office of Governor-General of Bengal?
A1. The Regulating Act of 1773. Warren Hastings became the first Governor-General of Bengal.

Q2. What did Pitt's India Act of 1784 create?
A2. It established a Board of Control over civil, military and revenue affairs, creating a system of "double government" (dual control) by the Company and the Crown.

Q3. Which Act made the Governor-General of Bengal the Governor-General of India, and who was the first to hold that office?
A3. The Charter Act of 1833. Lord William Bentinck became the first Governor-General of India.

Q4. What major administrative change did the Government of India Act, 1858 bring?
A4. It abolished the East India Company, transferred power to the Crown, created the Secretary of State for India, and renamed the Governor-General as Viceroy (Lord Canning being the first Viceroy).

Q5. Which Act introduced separate electorates for Muslims, and what is it popularly called?
A5. The Indian Councils Act of 1909, popularly called the Morley-Minto Reforms.

Q6. What system did the Government of India Act, 1919 (Montagu-Chelmsford Reforms) introduce in the provinces?
A6. Dyarchy (dual government) — provincial subjects were divided into "transferred" and "reserved" lists. It also introduced bicameralism at the centre.

Q7. Name three key features of the Government of India Act, 1935.
A7. Provincial autonomy (abolished dyarchy in provinces and introduced it at the centre), an all-India federation (never came into being), and a Federal Court (established 1937).

Q8. Under which plan was the Constituent Assembly constituted, and when did it first meet?
A8. Under the Cabinet Mission Plan of 1946. It first met on 9 December 1946.

Q9. Who was the temporary (first) president and who was the permanent president of the Constituent Assembly?
A9. Dr. Sachchidananda Sinha was the temporary president; Dr. Rajendra Prasad was elected the permanent president.

Q10. Who chaired the Drafting Committee and how many members did it have?
A10. Dr. B.R. Ambedkar chaired the Drafting Committee, which had 7 members. It was set up on 29 August 1947.

Q11. Who moved the Objectives Resolution, and what did it become?
A11. Jawaharlal Nehru moved the Objectives Resolution on 13 December 1946; it later formed the basis of the Preamble.

Q12. When was the Constitution adopted and when did it come into force? How long did the Assembly take?
A12. Adopted on 26 November 1949; came into force on 26 January 1950. It took 2 years, 11 months and 18 days.

Worked Example

Problem/Question: Consider the following statements about the making of the Indian Constitution:

1. The Constituent Assembly was constituted under the Cabinet Mission Plan of 1946.
2. Dr. B.R. Ambedkar was the Chairman of the Drafting Committee.
3. The Constitution was adopted on 26 November 1949 and came into full force on 26 January 1950.
   Which of the statements given above are correct?
   (a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3

Solution/Model answer:

• Statement 1: The Constituent Assembly was set up under the Cabinet Mission Plan (1946); it first met in December 1946 with Sachchidananda Sinha as temporary chairman (later Rajendra Prasad, permanent). Correct.
• Statement 2: Dr. B.R. Ambedkar chaired the Drafting Committee. Correct.
• Statement 3: The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950. Correct.
  All three are accurate; only (d) keeps them all.

Answer/Takeaway: (d) 1, 2 and 3.