Making of the Constitution

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Making of the Constitution

Making of the Constitution

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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 Act made three major changes:
- Full Sovereignty:
  - The Assembly became a sovereign body with the power to frame any Constitution it pleased.
  - It could repeal or amend any British law applicable to India.
- Dual Functioning (Legislative + Constituent):
  - The Assembly began functioning both as a Constitution-making body and a legislative body.
  - Meetings were held on separate days for each function.
  - 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.
  - As a result, the total membership was reduced from 389 to 299:
    - 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 and Transition
- Final session: January 24, 1950.
- On January 26, 1950, the Constitution came into effect.
- The Assembly continued to function as the Provisional Parliament of India until the first elected Parliament was constituted after the 1951–52 general elections.

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.
Major Committees and their Chairmen
1. Union Powers Committee – Jawaharlal Nehru
2. Union Constitution Committee – Jawaharlal Nehru
3. Provincial Constitution Committee – Sardar Vallabhbhai Patel
4. Drafting Committee – Dr. B.R. Ambedkar
5. Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas – Sardar Patel
6. Sub-Committees under Advisory Committee:
  1. Fundamental Rights Sub-Committee – J.B. Kripalani
  2. Minorities Sub-Committee – H.C. Mukherjee
  3. North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee – Gopinath Bordoloi
  4. Excluded and Partially Excluded Areas (other than Assam) Sub-Committee – A.V. Thakkar
  5. North-West Frontier Tribal Areas Sub-Committee
7. Rules of Procedure Committee – Dr. Rajendra Prasad
8. States Committee (Negotiating with States) – Jawaharlal Nehru
9. Steering Committee – Dr. Rajendra Prasad

Minor Committees and their Chairmen

1. Finance and Staff Committee – Dr. Rajendra Prasad
2. Credentials Committee – Alladi Krishnaswami Ayyar
3. House Committee – B. Pattabhi Sitaramayya
4. Order of Business Committee – Dr. K.M. Munshi
5. Ad-hoc Committee on National Flag – Dr. Rajendra Prasad
6. Committee on the Functions of the Constituent Assembly – G.V. Mavalankar
7. Ad-hoc Committee on the Supreme Court – S. Varadachari (Not a member of Assembly)
8. Committee on Chief Commissioners’ Provinces – B. Pattabhi Sitaramayya
9. Expert Committee on Financial Provisions – Nalini Ranjan Sarkar (Not a member of Assembly)
10. Linguistic Provinces Commission – S.K. Dar (Not a member of Assembly)
11. Special Committee to Examine the Draft Constitution – Jawaharlal Nehru
12. Press Gallery Committee – Usha Nath Sen
13. Ad-hoc Committee on Citizenship – S. Varadachari (Not a member of Assembly)

The Drafting Committee – Most Crucial of All
- Formed on: August 29, 1947
- Task: Drafting the Constitution of India
- Chairman: Dr. B.R. Ambedkar
- Members of the Drafting Committee
  - Dr. B.R. Ambedkar (Chairman)
  - N. Gopalaswamy Ayyangar
  - Alladi Krishnaswamy Ayyar
  - Dr. K.M. Munshi
  - Syed Mohammad Saadullah
  - N. Madhava Rau (replaced B.L. Mitter due to ill-health)
  - T.T. Krishnamachari (replaced D.P. Khaitan after his death in 1948)
Work Accomplished
- First Draft Published: February 1948
- Second Draft Published: October 1948
- Finalization: Drafting Committee completed its work in less than 6 months.
- Meetings held: 141 days in total.

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.

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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