Republic of India and Constitutional Transition

The transition of India from a British dominion to a sovereign democratic republic on January 26, 1950, represents one of the most complex constitutional developments in modern history. Enacted under the Indian Independence Act 1947, the Dominion of India functioned initially under an adapted version of the Government of India Act 1935. Over a period of nearly three years, the Constituent Assembly drafted a comprehensive, native constitutional framework that replaced British royal authority, integrated hundreds of princely territories, and established a fully republican state.

Legal Mechanics of the Constitutional Transition

Indian Independence Act 1947

Passed by the British Parliament, the Indian Independence Act 1947 terminated British paramountcy over princely states and split British India into two dominions—India and Pakistan. Section 8 of the Act served as an interim constitutional bridge, authorizing the Constituent Assembly to act as a dual body: a constitution-making assembly and a provisional national legislature.

Government of India Act 1935 Adaptation

Until the Constitution came into force on January 26, 1950, the India (Provisional Constitution) Order 1947 modified the Government of India Act 1935 to serve as the working constitution. Key modifications included removing the British Monarch’s veto power, replacing the Governor-General’s discretionary authority with advice from the Council of Ministers, and transferring supreme legislative sovereignty to the Constituent Assembly.

Repeal of Colonial Legal Structures

Article 395 of the Indian Constitution formally repealed the Indian Independence Act 1947 and the Government of India Act 1935, along with all enactments amending or supplementing them. However, the Abolition of Privy Council Jurisdiction Act 1949 had already transferred final judicial appellate authority from the Judicial Committee of the Privy Council in London to the Federal Court of India, which subsequently became the Supreme Court of India on January 28, 1950.

Chronology of the Constitutional Drafting Process

Assembly Setup and Drafting Committee

The Constituent Assembly met for its first session on December 9, 1946. Following Independence, the Assembly appointed a Drafting Committee on August 29, 1947, chaired by Dr. B.R. Ambedkar, to process the draft prepared by Constitutional Adviser Sir B.N. Rau.

Timelines and Enactment

Adoption vs. Commencement

The Assembly adopted the Constitution on November 26, 1949 (celebrated as Constitution Day or Samvidhan Divas). Certain provisions took effect immediately on this date, including Article 5, 6, 7, 8, 9 (Citizenship), Article 60 (Oath by President), Article 324 (Elections), Article 366, 367 (Definitions and Interpretation), and Articles 379, 380, 391, 392, 393 (Provisional Parliament and Temporary Provisions). The remaining major portion came into force on January 26, 1950, chosen specifically to honor the 1930 Purna Swaraj declaration made by the Indian National Congress at its Lahore session.

Administrative Categories of States under the 1950 Constitution

To accommodate the territorial merger of former British provinces and princely unions, the original 1950 Constitution organized the Union into four distinct categories of states listed in the First Schedule:

Part A States

These territories comprised former British Indian provinces ruled by elected Governors and state legislatures.

• Members (9): Assam, Bihar, Bombay, Madhya Pradesh (formerly Central Provinces and Berar), Madras, Orissa, Punjab (East Punjab), Uttar Pradesh (formerly United Provinces), and West Bengal.

Part B States

These entities consisted of former large princely states or regional unions of princely states governed by a Rajpramukh alongside an elected legislature.

• Members (8): Hyderabad, Jammu and Kashmir, Madhya Bharat, Mysore, Patiala and East Punjab States Union (PEPSU), Rajasthan, Saurashtra, and Travancore-Cochin.

Part C States

These regions included former Chief Commissioners’ Provinces and smaller princely states administered directly by the President through a Chief Commissioner or Lieutenant Governor.

• Members (10): Ajmer, Bhopal, Bilaspur, Coorg, Delhi, Himachal Pradesh, Kutch, Manipur, Tripura, and Vindhya Pradesh.

Part D Territories

This category consisted of isolated island territories administered directly by a Chief Commissioner appointed by the Central Government.

• Members (1): Andaman and Nicobar Islands.

Key Facts and Trivia

• The Constituent Assembly took 2 years, 11 months, and 18 days to complete the drafting of the Constitution.
• The original handwritten Constitution was calligraphed by Prem Behari Narain Raizada in a flowing italic style.
• The artwork and illuminations decorating the pages of the original manuscript were executed by artists from Kala Bhavan, Santiniketan, led by Nandalal Bose and Beohar Rammanohar Sinha.
• Dr. Rajendra Prasad was elected as the permanent President of the Constituent Assembly on December 11, 1946, with H.C. Mookerjee and V.T. Krishnamachari serving as Vice-Presidents.
• Sir B.N. Rau served as the Constitutional Adviser to the Constituent Assembly, preparing the initial structural draft.
• The total cost incurred by the government in preparing the Constitution amounted to 64 lakh rupees.
• The original Constitution contained 395 Articles, 8 Schedules, and 22 Parts; it was stored in helium-filled cases inside the Parliament Library.
• Dr. B.R. Ambedkar served as the Chairman of the seven-member Drafting Committee, whose other members were N. Gopalaswami Ayyangar, Alladi Krishnaswamy Ayyar, K.M. Munshi, Mohammad Saadulla, N. Madhava Rau (replacing B.L. Mitter), and T.T. Krishnamachari (replacing D.P. Khaitan).
• The 7th Constitutional Amendment Act of 1956 abolished the distinction between Part A, Part B, Part C, and Part D states, reorganizing India into 14 States and 6 Union Territories based on linguistic lines.