Every CDS GS paper carries questions on how the Indian Constitution was made — the British-era Acts that shaped it, the Constituent Assembly that wrote it, and the men and ideas behind it. This chapter from The Cavalier walks you through that journey in plain language, with the exact dates, committees and borrowed features examiners love to test.
Why Constitutional History Is a Sure-Shot Topic
The Indian Constitution did not appear overnight. It grew out of nearly 175 years of British administrative experiments, Indian national demands and finally a sovereign Constituent Assembly that worked for almost three years. CDS examiners frequently ask which Act introduced a particular feature — the first budget, the first elections, provincial autonomy — and who chaired which committee. Understanding the sequence of these developments helps you answer even those questions you have not memorised, because each Act logically built on the one before it.
Because the facts here are fixed (dates, names, Acts), this is a high-scoring, low-risk topic. Unlike economics or current affairs, the answers never change from year to year. A few hours of careful revision can therefore guarantee 1–2 marks in every attempt, and the same facts are also useful for the SSB interview and the personality test, where awareness of national history is valued.
In this chapter we move chronologically: first the Acts under Company rule, then the Acts under direct Crown rule, then the two pivotal Acts of 1919 and 1935, and finally the working of the Constituent Assembly that gave us the Constitution we follow today.
Build a one-page timeline: Act → year → one key feature. Most CDS questions are simple matching of an Act to its main contribution, so a clean timeline is worth more than long notes.
Acts of the Company Rule (1773–1853)
The earliest laws regulated the East India Company, not a nation. They mark the slow shift from a trading body to a governing power. As the Company gained territory after Plassey (1757) and Buxar (1764), the British Parliament grew anxious about an unregulated commercial firm ruling millions of Indians. The Acts below were Parliament’s attempts to bring that rule under control.
- Regulating Act, 1773: first step by the British Parliament to control the Company. Created the post of Governor-General of Bengal (Warren Hastings was the first) and a Supreme Court at Calcutta (1774).
- Pitt’s India Act, 1784: set up a Board of Control, giving the British government direct say over the Company’s civil and military affairs — a system of double government.
- Charter Act, 1813: ended the Company’s trade monopoly (except tea and trade with China).
- Charter Act, 1833: made the Governor-General of Bengal the Governor-General of India (Lord William Bentinck was the first). Centralised administration.
- Charter Act, 1853: separated legislative and executive functions and introduced open competition for the civil services.
1773 → first Governor-General of Bengal. 1833 → first Governor-General of India. Mixing these two is the most common slip.
Acts of the Crown Rule (1858–1919)
After the Revolt of 1857, the Crown took over directly from the Company. These Acts gradually — and grudgingly — let Indians into the law-making process, mainly in response to rising nationalist pressure and the growth of the Indian National Congress after 1885. Each step was small, but together they established the idea of representative government on Indian soil.
- Government of India Act, 1858: ended Company rule. Created the office of Secretary of State for India and changed the title to Viceroy (Lord Canning was the first Viceroy).
- Indian Councils Act, 1861: began the representative institutions by allowing nominated Indians into the legislative council. Restored law-making powers to Bombay and Madras.
- Indian Councils Act, 1892: introduced a limited principle of election (indirect) for some members.
- Indian Councils Act, 1909 (Morley-Minto Reforms): introduced separate electorates for Muslims — the seed of communal representation. Lord Minto is therefore remembered as the “Father of Communal Electorate” in India.
Notice the pattern: nomination (1861) gave way to indirect election (1892), and indirect election gave way to separate, community-based representation (1909). Indians were being admitted to councils, but always on terms that the British could control.
Separate electorates came with the 1909 Act, not the 1919 or 1935 Act. The 1935 Act extended them; 1909 introduced them.
The Two Great Acts: 1919 and 1935
These two Acts are the most heavily tested because the Constitution borrowed a great deal from them.
Government of India Act, 1919 (Montagu-Chelmsford Reforms)
- Introduced dyarchy in the provinces — subjects split into transferred (handled by ministers responsible to the legislature) and reserved (handled by the Governor).
- Separated central and provincial subjects and introduced bicameralism at the centre.
- Provided for the appointment of a statutory commission after ten years — this became the Simon Commission.
Government of India Act, 1935
- Proposed an All-India Federation (never came into being) and provincial autonomy replacing dyarchy in provinces.
- Introduced dyarchy at the centre instead.
- Established the Federal Court (1937) and the Reserve Bank of India.
The 1935 Act was the longest Act passed by the British Parliament till then and became the main structural blueprint of the Constitution — federalism, office of Governor, emergency provisions and administrative detail all trace back to it.
Birth of the Constituent Assembly
The demand for a Constituent Assembly elected by Indians was first raised by M. N. Roy in 1934 and adopted officially by the Indian National Congress in 1935. The British accepted the idea only in 1940 (the August Offer) and gave it concrete shape through the Cabinet Mission Plan of 1946, under which the Assembly was actually constituted. The Cabinet Mission, it is worth noting, rejected the demand for two separate Constituent Assemblies for India and Pakistan at that stage.
- Total strength planned: 389 members (296 from British India + 93 from princely states). After Partition it reduced to 299.
- Members were indirectly elected by the provincial assemblies through proportional representation by a single transferable vote.
- The first sitting was held on 9 December 1946. Dr. Sachchidananda Sinha was the temporary (interim) President.
- On 11 December 1946, Dr. Rajendra Prasad was elected the permanent President of the Assembly.
The Assembly was a partly elected, partly nominated body, not directly elected by the people — a frequent CDS trap.
The Objectives Resolution and Key Committees
On 13 December 1946, Jawaharlal Nehru moved the historic Objectives Resolution, laying down the ideals of sovereignty, justice, liberty, equality and fraternity. It was adopted on 22 January 1947 and later inspired the Preamble, which is sometimes called the “identity card” or soul of the Constitution. Studying the Objectives Resolution is therefore the easiest way to understand where the values in the Preamble came from.
The Assembly worked through many committees. The most important were:
- Drafting Committee — Chairman Dr. B. R. Ambedkar (set up 29 August 1947).
- Union Powers Committee, Union Constitution Committee and the Provincial Constitution Committee — all chaired by Jawaharlal Nehru / Sardar Patel.
- Committee on Fundamental Rights and Minorities — Sardar Vallabhbhai Patel.
Ambedkar is called the Father of the Indian Constitution for steering the Drafting Committee. B. N. Rau was the Constitutional Advisor who prepared the initial draft — remember both names separately.
Drafting, Adoption and Enforcement
The Constituent Assembly took 2 years, 11 months and 18 days to complete the Constitution, holding 11 sessions over 165 days. The draft was published, debated clause by clause, and over two thousand amendments were considered before the final document was ready — a careful, deliberate process rather than a hurried one.
- The Constitution was adopted on 26 November 1949 (now celebrated as Constitution Day / Samvidhan Divas).
- It came into force on 26 January 1950 — chosen to honour the Purna Swaraj day of 26 January 1930.
- At adoption it had a Preamble, 395 Articles, 22 Parts and 8 Schedules.
- Total expenditure on making the Constitution was about ₹64 lakh.
Adopted → 26 November 1949. Enforced → 26 January 1950. Some provisions (citizenship, elections, provisional Parliament) came into force on 26 November 1949 itself.
Sources of Borrowed Features
The framers studied many constitutions of the world and borrowed the best ideas, adapting them to Indian conditions. Dr. Ambedkar himself defended this borrowing, arguing that there was nothing shameful in learning from others when the goal was to build a workable system. This list is one of the most predictable CDS matching questions, so commit it firmly to memory.
- Government of India Act, 1935: federal scheme, office of Governor, emergency provisions, public service commissions.
- British Constitution: parliamentary system, rule of law, single citizenship, cabinet system, bicameralism, writs.
- US Constitution: Fundamental Rights, independent judiciary, judicial review, impeachment of the President, removal of judges.
- Irish Constitution: Directive Principles of State Policy, nomination of members to Rajya Sabha, method of election of the President.
- Canadian Constitution: a strong centre, residuary powers with the centre, appointment of state governors.
- Soviet (USSR) Constitution: Fundamental Duties and the ideal of justice in the Preamble.
Directive Principles came from Ireland, not the USSR. Fundamental Duties came from the USSR. Students routinely swap these two.
Worked Example: Matching Acts to Features
Arrange these correctly: (i) introduced dyarchy in provinces, (ii) introduced provincial autonomy, (iii) introduced separate electorates, (iv) created the post of Viceroy. Match each to its Act.
Reading each feature back to its year keeps you from confusing the 1919 and 1935 Acts — the single most-tested pair in this chapter. A handy memory hook: 1919 brought dyarchy to the provinces, while 1935 took dyarchy away from the provinces (giving them autonomy) and moved it to the centre instead. If you remember that one sentence, you can rebuild most of the answer under exam pressure even if the exact option wording is unfamiliar.
Common Confusions to Clear Before the Exam
- Temporary vs permanent President of the Assembly: Sachchidananda Sinha (temporary) vs Dr. Rajendra Prasad (permanent).
- Father of the Constitution vs Constitutional Advisor: Dr. B. R. Ambedkar vs Sir B. N. Rau.
- Adoption vs commencement: 26 Nov 1949 vs 26 Jan 1950.
- Who moved the Objectives Resolution: Jawaharlal Nehru, not Ambedkar.
- Cripps Mission vs Cabinet Mission: the 1946 Cabinet Mission provided the actual scheme for the Constituent Assembly, not the 1942 Cripps Mission.
- Number of Articles then vs now: the Constitution had 395 Articles, 22 Parts and 8 Schedules at the time of adoption; through later amendments these have grown, so a question may specify “originally” or “at present” — read it carefully.
- Signing vs enforcement: the members signed the Constitution on 24 January 1950, but it commenced on 26 January 1950.
Whenever a question names a date or a chairperson, slow down. CDS distractors are usually plausible people or near dates, designed to catch hurried readers.
Previous-Year Style Question
Q. The idea of the Directive Principles of State Policy in the Indian Constitution was borrowed from the Constitution of which country?
Answer: Ireland. The Directive Principles of State Policy (Part IV) were inspired by the Irish Constitution, which had itself drawn the concept from the Spanish Constitution. (Note: Fundamental Duties were borrowed from the erstwhile USSR.)
Q. The Constituent Assembly of India held its first meeting on which date?
Answer: 9 December 1946, with Dr. Sachchidananda Sinha presiding as the temporary President.
Quick Revision
- 1773 → Governor-General of Bengal; 1833 → Governor-General of India; 1858 → Viceroy.
- 1909 → separate electorates; 1919 → dyarchy in provinces; 1935 → provincial autonomy + main blueprint.
- Constituent Assembly formed under the Cabinet Mission Plan, 1946; first sat 9 Dec 1946.
- Drafting Committee chair → Ambedkar; Constitutional Advisor → B. N. Rau; Objectives Resolution → Nehru.
- Adopted 26 Nov 1949; enforced 26 Jan 1950; 395 Articles, 22 Parts, 8 Schedules at start.
- DPSP → Ireland; Fundamental Duties → USSR; federal scheme → GoI Act 1935.
Revise this recap the night before your exam — it covers the bulk of what CDS asks from constitutional history.
Frequently asked questions
Who is called the Father of the Indian Constitution?
Dr. B. R. Ambedkar, who chaired the Drafting Committee, is widely regarded as the Father of the Indian Constitution. Sir B. N. Rau served separately as the Constitutional Advisor who prepared the initial draft.
When was the Indian Constitution adopted and when did it come into force?
It was adopted on 26 November 1949 and came into force on 26 January 1950. The 26 January date was chosen to honour the Purna Swaraj resolution of 1930.
Under which plan was the Constituent Assembly of India set up?
The Constituent Assembly was constituted under the Cabinet Mission Plan of 1946. Its members were indirectly elected by the provincial legislative assemblies.
Which British Act is considered the main blueprint of the Indian Constitution?
The Government of India Act, 1935 provided the structural blueprint, including federalism, the office of Governor, emergency provisions and detailed administrative arrangements.
How long did it take to frame the Indian Constitution?
The Constituent Assembly took 2 years, 11 months and 18 days, working across 11 sessions and 165 days, to complete the Constitution.
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