The Making of the Indian Constitution

Introduction

The Constitution of India is not merely a legal document, but a social and political manifesto that breathes life into the democratic aspirations of a billion-plus people. Born out of the crucible of a long-drawn freedom struggle against British colonial rule, the making of the Indian Constitution stands as a monumental exercise in statecraft. It reflects a delicate balance between borrowing the best practices from global constitutions and retaining the unique socio-cultural ethos of a diverse nation. For UPSC aspirants, understanding the chronological evolution, the key architects, and the structural debates of the Constituent Assembly is paramount for both the General Studies Paper II and the Essay paper.

Historical Evolution and Genesis of the Constituent Assembly

The demand for a Constituent Assembly to frame the Constitution of India was first officially raised by M.N. Roy, a pioneer of the communist movement in India, in 1934. In 1935, the Indian National Congress (INC) officially demanded a Constituent Assembly. This demand was finally accepted in principle by the British government through the ‘August Offer’ of 1940.

Subsequently, the Cripps Mission was sent to India in 1942 under Sir Stafford Cripps with a draft proposal for framing an independent Constitution, which was rejected by the Muslim League as it wanted India to be divided into two autonomous states. Finally, the Cabinet Mission Plan arrived in India in March 1946. It rejected the idea of two constituent assemblies and proposed a scheme that formed the basis of the Constituent Assembly which eventually drafted the Constitution.

Composition and Key Personalities of the Constituent Assembly

The Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan. Key features of its composition include:

• Total strength of the Assembly was slated to be 389, of which 296 were to be allotted to British India and 93 to the princely states.
• Out of 296 seats from British India, 292 members were to be elected from the eleven governors’ provinces and 4 from the four chief commissioner’s provinces.
• Seats were allocated in proportion to their respective population roughly in the ratio of one to a million among the three principal communities: Muslims, Sikhs, and General (all except Muslims and Sikhs).
• The elections for the 296 seats assigned to British India were held in July-August 1946. The INC won 208 seats, the Muslim League won 73, and small independent groups and independents got 15 seats.
• The princely states decided to stay away from the Constituent Assembly initially, though they joined gradually later.

The Assembly included stalwarts like Jawaharlal Nehru, Sardar Vallabhbhai Patel, Dr. Rajendra Prasad, C. Rajagopalachari, and Dr. B.R. Ambedkar. Notably, Mahatma Gandhi was not a member of the Constituent Assembly.

Key Milestones and Working of the Assembly

The Constituent Assembly held its first meeting on December 9, 1946. The Muslim League boycotted the meeting and insisted on a separate state of Pakistan. Dr. Sachchidanand Sinha, the oldest member, was elected as the temporary president of the Assembly, following the French practice.

On December 11, 1946, Dr. Rajendra Prasad was elected as the permanent President of the Assembly. Simultaneously, H.C. Mukherjee and V.T. Krishnamachari were elected as the Vice-Presidents of the Assembly. Sir B.N. Rau was appointed as the Constitutional Advisor to the Assembly.

On December 13, 1946, Pandit Jawaharlal Nehru moved the historic ‘Objectives Resolution’ in the Assembly. This resolution laid down the fundamentals and philosophy of the constitutional structure and later took the shape of the Preamble to the Constitution. The Assembly unanimously adopted the Objectives Resolution on January 22, 1947.

Following the Mountbatten Plan of June 3, 1947, for the partition of India, the representatives of the princely states and the Muslim League joined the Assembly. The Indian Independence Act of 1947 made three key changes to the position of the Assembly: it made the Assembly a fully sovereign body, made it a legislative body (the first Parliament of free India), and reduced the total membership to 299.

The Drafting Process and Committees

The Constituent Assembly appointed various committees to deal with different tasks of constitution-making. Out of these, the most crucial was the Drafting Committee, set up on August 29, 1947. Dr. B.R. Ambedkar was appointed as the Chairman of the Drafting Committee. Other members included N. Gopalaswami Ayyangar, Alladi Krishnaswamy Iyer, Dr. K.M. Munshi, Mohammad Saadulla, B.L. Mitter (replaced by N. Madhava Rau), and D.P. Khaitan (replaced by T.T. Krishnamachari).

Other major committees and their heads included:

• Union Powers Committee – Jawaharlal Nehru
• Union Constitution Committee – Jawaharlal Nehru
• Provincial Constitution Committee – Sardar Vallabhbhai Patel
• Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas – Sardar Vallabhbhai Patel
• Rules of Procedure Committee – Dr. Rajendra Prasad
• Steering Committee – Dr. Rajendra Prasad

The Drafting Committee prepared the first draft of the Constitution, which was published in February 1948. The people of India were given eight months to discuss the draft and propose amendments. After considering public feedback, the second draft was published in October 1948.

The Drafting Committee took less than six months to prepare its draft. In total, the Constituent Assembly took 2 years, 11 months, and 18 days to frame the Constitution. The final draft underwent three readings, and the Constitution was finally adopted on November 26, 1949. This day is celebrated as Constitution Day (Samvidhan Divas). The assembly contained members who signed the final document, numbering 284.

Some provisions of the Constitution pertaining to citizenship, elections, provisional parliament, temporary and transitional provisions came into force on November 26, 1949 itself. However, the major part of the Constitution came into force on January 26, 1950—a date chosen specifically to commemorate the ‘Purna Swaraj’ resolution of the Lahore session of the INC in 1930. This day is celebrated as Republic Day.

Criticisms and Challenges Faced

Despite its monumental success, the Constituent Assembly faced several criticisms from contemporary critics:

• Not a Body of Representatives: Critics argued that the members were not directly elected by the universal adult franchise, as the franchise was limited based on property, tax, and education.
• Not a Sovereign Body: Critics pointed out that the Assembly was created by proposals of the British government and its sessions required British consent.
• Time-Consuming: It took nearly three years to make the Constitution, whereas the American Constitution was framed in just four months.
• Dominated by Congress and Lawyers: Critics claimed that the Assembly was dominated by Congress members and legal luminaries, ignoring the representation of other sections.

However, these criticisms fade when one considers the enormous diversity, the backdrop of partition, princely state integration, and the severe socio-economic challenges that newly independent India faced.

Way Forward

The making of the Indian Constitution is not merely a historical event; it is an ongoing process of constitutionalism and judicial interpretation. As India marches ahead towards its centennial of independence, the foundational values enshrined in the Preamble—Justice, Liberty, Equality, and Fraternity—serve as a moral compass for governance.

For the future of Indian democracy, the spirit of accommodation, debate, and consensus that characterized the Constituent Assembly must be revived in contemporary legislative bodies. Upholding federal balance, protecting minority rights, ensuring judicial independence, and adapting to modern challenges like digital rights and environmental protection are essential tasks for lawmakers. The resilience of the Indian Constitution lies in its amending mechanism (Article 368) and the judiciary’s ‘Basic Structure’ doctrine, ensuring that while the document evolves with changing times, its democratic core remains uncompromised.

Read here: Salient Features of Indian Constitution