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Making of the Constitution

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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 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 of the Constituent Assembly
    #CommitteeChairman
    1Union Powers CommitteeJawaharlal Nehru
    2Union Constitution CommitteeJawaharlal Nehru
    3Provincial Constitution CommitteeSardar Vallabhbhai Patel
    4Drafting CommitteeDr. B.R. Ambedkar
    5Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas 5 Sub-CommitteesSardar Vallabhbhai Patel
    5aSub-CommitteeFundamental Rights Sub-CommitteeJ.B. Kripalani
    5bSub-CommitteeMinorities Sub-CommitteeH.C. Mukherjee
    5cSub-CommitteeNorth-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-CommitteeGopinath Bardoloi
    5dSub-CommitteeExcluded and Partially Excluded Areas (other than Assam) Sub-CommitteeA.V. Thakkar
    5eSub-CommitteeNorth-West Frontier Tribal Areas Sub-Committee
    6Rules of Procedure CommitteeDr. Rajendra Prasad
    7States Committee (Negotiating with States)Jawaharlal Nehru
    8Steering CommitteeDr. Rajendra Prasad
    Minor Committees of the Constituent Assembly
    #CommitteeChairman
    1Finance and Staff CommitteeDr. Rajendra Prasad
    2Credentials CommitteeAlladi Krishnaswami Ayyar
    3House CommitteeB. Pattabhi Sitaramayya
    4Order of Business CommitteeDr. K.M. Munshi
    5Ad-hoc Committee on the National FlagDr. Rajendra Prasad
    6Committee on the Functions of the Constituent AssemblyG.V. Mavalankar
    7Ad-hoc Committee on the Supreme CourtS. Varadachari Not an Assembly Member
    8Committee on Chief Commissioners' ProvincesB. Pattabhi Sitaramayya
    9Expert Committee on the Financial Provisions of the Union ConstitutionNalini Ranjan Sarkar Not an Assembly Member
    10Linguistic Provinces CommissionS.K. Dar Not an Assembly Member
    11Special Committee to Examine the Draft ConstitutionJawaharlal Nehru
    12Press Gallery CommitteeUsha Nath Sen
    13Ad-hoc Committee on CitizenshipS. Varadachari Not an Assembly Member

    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
    1 Dr. B.R. Ambedkar Chairman
    2N. Gopalaswamy Ayyangar
    3Alladi Krishnaswamy Ayyar
    4Dr. K.M. Munshi
    5Syed Mohammad Saadullah
    6 N. Madhava Rau Replaced B.L. Mitter due to ill-health
    7 T.T. Krishnamachari Replaced D.P. Khaitan after his death in 1948

    Work Accomplished

    📄 First Draft Published February 1948 Initial draft released for public review
    📋 Second Draft Published October 1948 Revised draft incorporating suggestions
    ⏱️ Finalization Less than 6 Months Drafting Committee completed its entire work
    🗓️ Meetings Held 141 Days Total number of days in session

    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.

    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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