Legal Reasoning for CLAT: Constitutional Law

This section of legal reasoning starts with the Constitutional Law section for CLAT. Knowledge of our constitution is not only pertinent for exams,but also for our understanding. This article is compiled in simple form for better retention.

Facts about the formation of the Indian Constitution

The Indian Constitution is the largest written constitution in the world.

  • Took 2 years, 11 months and 17 days to compile the document
  • December 9, 1946 – November 26, 1949, is the starting and end date.

Let’s see how our constitution came into being.

Formation of the Indian Constitution

Prime Minister of Britain, Clement Atlee sent the Cabinet Commission comprising of Sir Pathick Lawerence, Sir Stafford Cripps, and A.V. Alexander. The group recommended the formation of an interim government and creation of a constitution, by the Indian. (First time when Indians were granted the right.)

Facts about the Interim Government

  • The interim government was founded both from the universal adult franchise and indirect elections
  • The interim government was set-up under Pandit Jawahar Lal Nehru, and a Constituent Assembly was formed from amongst the elected members. 
  • Sir Sachchidananda Sinha, was the first chairman of the assembly. Dr. Rajendra Prasad was, however, elected the permanent Chairman later. On August 29, 1947 the Assembly appointed a Drafting Committee under the Chairmanship of Dr. B.R.Ambedkar, and the Constitutional Advisor, B.N Rau, created the draft Constitution of India.
  • After three readings by the Constituent Assembly, the draft of the Constitution was finally approved, adopted and signed by 284 members on November 26, 1949.

Accordingly, November 26 is observed as Law Day.

The clauses of citizenship, Parliament, and elections were implemented at the time of the adoption of the Constitution, whereas the rest of the clauses were made effective from January 26, 1950, the date of enforcement and commencement of the Constitution, and the day India became a republic, our Republic Day.

January 26 was chosen because the resolution of ‘Purna Swaraj’, or complete independence, and had been adopted at the Lahore Session of the Indian National Congress on January 26, 1930.

It is also important to note that the Constituent Assembly adopted the National Flag on July 22, 1947, whereas the state emblem, which has three lions, a galloping horse, a bull and chakra (taken from Asoka’s Sarnath pillar), was adopted by the Government of India on January 26, 1950.

The words ‘Satyameva Jayate’ has been adopted from the Mundaka Upanishad.

  • The National Anthem was adopted by the Constituent Assembly on January 24, 1950. It is actually the first stanza of the Jana Gana Mana, originally composed by Rabindranath Tagore, and which actually contains five stanzas. The playing time for the National Anthem is fifty-two seconds; however, its shorter version can be completed in twenty seconds.
  • The National Calendar is based on the Shaka Era, starting with 1st Chaitra (equivalent to March 22nd in the Gregorian calendar), and was adopted by the Government of India on March 22,1957.

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