Making of the Constitution
The making of the Constitution of India was a historic and transformative process that reflected the aspirations, diversity, and democratic spirit of the Indian people. The Constituent Assembly, formed under the Cabinet Mission Plan of 1946, was entrusted with the task of framing a Constitution for an independent India. The Constitution-makers carefully studied constitutional systems from across the world and engaged in extensive debates and discussions to create a framework suited to India’s unique social, cultural, and political conditions. The process involved the participation of eminent leaders, jurists, administrators, and visionaries who sought to establish a sovereign, democratic, republic founded on justice, liberty, equality, and fraternity.
Demand for a Constituent Assembly
- Origins of the Idea
- 1934: The idea of a Constituent Assembly for India was first proposed by M.N. Roy, a pioneer of the communist movement in India.
- 1935: The Indian National Congress (INC) officially demanded the formation of a Constituent Assembly to frame India’s Constitution.
- Congress Position on Constitution Making
- 1938: Jawaharlal Nehru, on behalf of INC, declared that the Constitution of free India must be:
- Framed without outside interference, and
- Drafted by a Constituent Assembly elected on the basis of adult franchise.
- British Government’s Response
- 1940 – August Offer: The British Government accepted the demand in principle, marking official recognition of the idea.
- 1942 – Cripps Mission:
- Sir Stafford Cripps came with a proposal allowing India to frame its own Constitution after World War II.
- However, the Cripps Proposals were rejected by the Muslim League, which demanded:
- Division of India into two autonomous states,
- Creation of two separate Constituent Assemblies.
- Cabinet Mission Plan (1946)
- Rejected the idea of two separate assemblies.
- Proposed a single Constituent Assembly to frame the Constitution, accommodating various political interests.
Composition of the Constituent Assembly
The Constituent Assembly was formed in November 1946 under the Cabinet Mission Plan. Its key features were:
- Total strength: 389 members
- 296 from British Indian Provinces
- 292 from 11 Governor’s Provinces
- 4 from 4 Chief Commissioner’s Provinces (1 each)
- 93 from Princely States
- Seat allocation criteria:Based on population (1 seat per million)
- Each province and princely state (or group of states in case of small states) were to be allotted seats in proportion to their respective population.
- The seats allotted to each British Indian province were further divided among three principal communities
- Muslims
- Sikhs
- General category (all others except Muslims and Sikhs)
- The division was done in proportion to their respective population within the province.
- Election method:
- Indirect election by members of provincial legislative assemblies
- Proportional representation using single transferable vote
- Princely States’ Representation:
- Their 93 seats were to be nominated by the heads of princely states
- Hence,Constituent Assembly was to be a partly elected and partly nominated body.
- The Assembly included all important personalities of India at that time, with the exception of Mahatma Gandhi.
Working of the Constituent Assembly
- First meeting of the Constituent Assembly : 9 December 1946
- Boycotted by Muslim League;
- 211 members attended
- Dr. Sachchidananda Sinha (Oldest member): Temporary President (Elected as per French practice.
- Permanent President: Dr. Rajendra Prasad
- Vice-Presidents: H.C. Mukherjee and V.T. Krishnamachari
Objectives Resolution
- On December 13, 1946, Jawaharlal Nehru moved the historic Objectives Resolution in the Constituent Assembly.
- The resolution laid down the fundamental principles and guiding philosophy for the future Constitution of India.
- The Objectives Resolution was unanimously adopted by the Constituent Assembly on January 22, 1947.
- It deeply influenced the drafting and shaping of the Indian Constitution at every stage.
- A modified version of this resolution later became the Preamble to the Constitution of India.
Changes Introduced by the Indian Independence Act, 1947
The Indian Independence Act of 1947 brought major constitutional and political changes in the status and functioning of the Constituent Assembly.
Key Changes under the Act
The Indian Independence Act, 1947 made three major changes:
- Constituent Assembly Became a Sovereign Body
- Fully Sovereign Body: The Indian Independence Act, 1947 made the Constituent Assembly a fully sovereign body, free to frame any Constitution it considered appropriate.
- Power over British Laws: The Assembly was empowered to abrogate or alter any law made by the British Parliament in relation to India.
- Dual Functioning (Legislative + Constituent)
- The Assembly began functioning both as a Constitution-making body and a legislative body.
- Separate Sittings: Meetings were held on separate days for each function.
- First Parliament: In its legislative capacity, the Constituent Assembly became the first Parliament of free India (Dominion Legislature).
- Different Presiding Officers:
- Dr. Rajendra Prasad presided as Chairman when acting as the Constituent Assembly.
- G.V. Mavlankar presided when acting as the Legislative Assembly.
- This dual role continued until November 26, 1949, when the task of making the Constitution was over.
- Withdrawal of Muslim League Members from Pakistan Areas:
- Post-partition, Muslim League members from areas going to Pakistan withdrew from the Indian Constituent Assembly.
- Membership Reduced:As a result, the total membership was reduced from 389 to 299as against 389 originally fixed in 1946 under the Cabinet Mission Plan.
- British Indian provinces: from 296 to 229
- Princely states: from 93 to 70
Other Functions Performed by the Constituent Assembly
- Besides Constitution-making and enacting laws, the Assembly also:
- Ratified India’s membership in the Commonwealth – May 1949
- Adopted the National Flag – July 22, 1947
- Adopted the National Anthem – January 24, 1950
- Adopted the National Song – January 24, 1950
- Elected Dr. Rajendra Prasad as the first President of India – January 24, 1950
Timeline
- The Assembly held 11 sessions over 2 years, 11 months, and 18 days.
- The Constitution was framed after studying around 60 Constitutions globally.
- Draft Constitution was considered for 114 days.
- Total cost of Constitution-making: ₹64 lakh.
- Final session: January 24, 1950.
- The Assembly continued to function as the Provisional Parliament of India until the first elected Parliament was constituted after the 1951–52 general elections.
- On January 26, 1950, the Constitution came into effect.
Committees of the Constituent Assembly
- To manage the extensive task of constitution-making, the Constituent Assembly appointed several committees. These were divided into Major Committees and Minor Committees. Among them, the Drafting Committee played the most crucial role in shaping the Constitution of India
Drafting Committee
Enactment of the Constitution of India
- The process of enacting the Constitution was long and detailed, marked by rigorous debates, numerous amendments, and the visionary leadership of Dr. B.R. Ambedkar.
- On November 26, 1949, the Assembly formally adopted the Constitution.
- 284 members out of 299 signed the Constitution on that historic day.
- This date is commemorated as Constitution Day (Samvidhan Divas).
- Features of the Adopted Constitution
- As enacted, the Constitution contained:
- Preamble
- 395 Articles
- 8 Schedules
- The Preamble was enacted after the entire Constitution was finalized.
- Dr. B.R. Ambedkar: Chief Architect of the Constitution
- As the Law Minister and Chairman of the Drafting Committee, Dr. Ambedkar played a central role in shaping the Constitution.
- Known for his logical, forceful, and persuasive arguments, he earned the title of:
- “Father of the Indian Constitution”
- “Chief Architect of the Constitution”
- “Modern Manu”
Enforcement of the Constitution of India
- Partial Enforcement on November 26, 1949
- Certain provisions of the Constitution came into force immediately on November 26, 1949, the day the Constitution was adopted.
- These included articles related to:
- Citizenship (Articles 5 to 11)
- Elections (Article 324)
- Provisional Parliament (Articles 379 to 388)
- Transitional and temporary provisions (Articles 366, 367, 391, 392)
- Short title and commencement (Article 393)
- Full Enforcement on January 26, 1950
- The remaining provisions (i.e., the bulk of the Constitution) came into force on January 26, 1950.
- This date is officially referred to in the Constitution as the “date of its commencement.”
- Republic Day and Its Historical Significance
- January 26 was deliberately chosen to commemorate the Purna Swaraj declaration of 1930, passed at the Lahore Session of the Indian National Congress in December 1929.
- Legal Effect
- With the commencement of the Constitution, the following were repealed:
- Indian Independence Act, 1947
- Government of India Act, 1935 (along with all related amendments)
- However, the Abolition of Privy Council Jurisdiction Act, 1949 was retained.
Experts Committee of the Congress
Formation: The Indian National Congress appointed an Experts Committee on 8 July 1946, while elections to the Constituent Assembly were still in progress.
Purpose: It was constituted to prepare material for the Constituent Assembly.
Composition
- Jawaharlal Nehru – Chairman
- M. Asaf Ali
- K.M. Munshi
- N. Gopalaswami Ayyangar
- K.T. Shah
- D.R. Gadgil
- Humayun Kabir
- K. Santhanam
Krishna Kripalani was later co-opted as a member and convener of the Committee.
Work and Significance of the Experts Committee
- The Committee prepared a number of notes and background materials for the Constituent Assembly.
- The Committee discussed the procedure to be followed by the Constituent Assembly.
- The Committee discussed the appointment of various committees of the Constituent Assembly.
- The Committee discussed the draft of a resolution on the objectives of the Constitution to be moved during the first session of the
- Working within the framework of the Cabinet Mission Scheme, it made general suggestions regarding autonomous areas, powers of the Provincial Governments and the Centre, princely states and the amending power.
- The Committee drafted a resolution that closely resembled the Objectives Resolution subsequently introduced in the Constituent Assembly.
Important Facts about the Constituent Assembly and Constitution
- Constitution Day: 26 November is celebrated every year as Constitution Day (Samvidhan Divas) to commemorate the adoption of the Constitution on 26 November 1949. The Constitution came into force on 26 January 1950.
- Lengthiest Written Constitution: At its commencement, the Constitution contained 395 Articles, 22 Parts and 8 Schedules, making it the world’s lengthiest written Constitution.
- Symbol: The elephant was adopted as the symbol (seal) of the Constituent Assembly.
- Constitutional Advisor: Sir B.N. Rau was appointed as the Constitutional Advisor (Legal Advisor) to the Constituent Assembly.
- Secretary: H.V.R. Iyengar served as the Secretary to the Constituent Assembly.
- Chief Draftsman: S.N. Mukherjee was the Chief Draftsman of the Constitution in the Constituent Assembly.
- Prem Behari Narain Raizada handwritten the original Constitution in a flowing italic style.
- The original Constitution was beautified and decorated by artists from Shantiniketan, including Nand Lal Bose and Beohar Rammanohar Sinha.
- Beohar Rammanohar Sinha illuminated, beautified and ornamented the original Preamble, which had been calligraphed by Prem Behari Narain Raizada.
- The calligraphy of the original Constitution’s Hindi version was done by Vasant Krishan Vaidya, while it was decorated and illuminated by Nand Lal Bose.
- Signing of the Constitution: 284 members of the Constituent Assembly signed the Indian Constitution at the Constitution Hall of Parliament in New Delhi on January 24, 1950
- Women Members: The Constituent Assembly had 15 women members, including Sarojini Naidu, Rajkumari Amrit Kaur, Hansaben Jivraj Mehta, SuchetaKripalani and G. Durgabai, who spoke of equal rights for one and all, when women in many parts of the world were denied basic rights.
- Final Sitting: The Constituent Assembly met for the last time on 24 January 1950. During this sitting, Dr. Rajendra Prasad was announced as the first President of India.
- Each part of the Constitution begins with a depiction of a phase or scene from India’s national history. At the beginning of each part of the Constitution, Nandalal Bose has depicted a phase or scene from India’s national experience and history.The artwork and illustrations (22 in all), rendered largely in the miniature style, represent vignettes from the different periods of history of the Indian subcontinent, ranging from Mohenjo-Daro in the Indus Valley, the Vedic period, the Gupta and Maurya empires and the Mughal era to the national freedom movement.
The Constitution of India stands as one of the most comprehensive and detailed constitutions in the world. It was framed through a deliberative, inclusive, and democratic process that balanced diverse interests while preserving national unity. The Constituent Assembly successfully transformed the ideals of the freedom struggle into a constitutional framework that continues to guide India’s political and social life. The adoption of the Constitution on November 26, 1949, and its enforcement on January 26, 1950, marked the beginning of a new democratic republic committed to constitutional governance, rule of law, and protection of fundamental rights.
FAQs
Q1. Who first proposed the idea of a Constituent Assembly in India?
M.N. Roy, a pioneer of the communist movement in India, proposed the idea in 1934.
Q2. When was the Constituent Assembly formed?
It was formed in November 1946 under the Cabinet Mission Plan.
Q3. What was the total strength of the Constituent Assembly originally?
The original strength was 389 members — 296 from British Indian Provinces and 93 from Princely States.
Q4. Who was the permanent President of the Constituent Assembly?
Dr. Rajendra Prasad was elected as the permanent President.
Q5. What was the Objectives Resolution?
Moved by Jawaharlal Nehru in December 1946, it laid down the guiding principles for the Constitution. A modified version became the Preamble.
Q6. How did the Indian Independence Act, 1947 affect the Constituent Assembly?
It gave full sovereignty to the Assembly and allowed it to act as a legislative body as well.
Q7. What was the role of the Drafting Committee?
Headed by Dr. B.R. Ambedkar, it was responsible for drafting the Constitution.
Q8. How long did it take to frame the Constitution?
The process took 2 years, 11 months, and 18 days, with 11 sessions and 114 days spent on draft consideration.
Q9. When was the Constitution adopted and when did it come into force?
Adopted on November 26, 1949, and came into force on January 26, 1950.
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