Introduction
The Constitution of India, a monumental document governing the world's largest democracy, was not merely drafted but evolved through a meticulous and comprehensive process involving extensive debates, deliberations, and consensus-building. This journey, spanning nearly three years, reflects the culmination of India's freedom struggle and its aspirations for a sovereign, democratic, and just republic. From the early demands for self-determination to the detailed work of the Constituent Assembly, understanding the 'making' of the Constitution is fundamental to grasping its philosophy, structure, and enduring relevance.
1.3.1: Demand for a Constituent Assembly
1934: M.N. Roy's Idea
The idea of a Constituent Assembly (CA) for India was first proposed by M.N. Roy, a pioneer of the communist movement in India and an advocate of radical democracy. This marked the earliest articulation of the demand for self-determination.
1935: INC's Official Demand
The Indian National Congress (INC), for the first time, officially demanded a Constituent Assembly to frame the Constitution of India, solidifying the nationalist movement's stance.
1938: Nehru's Declaration
Jawaharlal Nehru, on behalf of the INC, declared that "the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise." This emphasized self-reliance and universal suffrage.
1940: August Offer
Context: Second World War and Britain's need for Indian support. Provision: The British government, for the first time, conceded the demand for a Constituent Assembly, stating that the framing of a new Constitution would be primarily the responsibility of Indians. Limitation: It did not specify universal adult franchise and stated that the CA would be convened after the war, seen as a delay tactic. Rejected by Congress and Muslim League.
1942: Cripps Mission
Context: Japan's rapid advance in Southeast Asia. Provision: Proposed setting up an elected body to frame a new Constitution for India after the war. Limitation: Still didn't accept immediate CA formation and allowed provinces to opt out (rejected by Congress and Muslim League). Gandhi called it a "post-dated cheque."
1946: Cabinet Mission Plan
Context: Post-WWII, British determined to grant independence. Provision: Rejected idea of separate CA for Pakistan. Put forth a scheme for CA for entire Indian Union. Most accepted basis for CA formation. It specified total strength, proportional representation, community representation, and election methods.
1.3.2: Composition and Working of the Constituent Assembly
Elections & Composition
- Formed: November 1946 under the Cabinet Mission Plan.
- Elections (July-Aug 1946): Held for 296 seats (British India).
- INC: 208 seats
- Muslim League: 73 seats
- Small groups & Independents: 15 seats
- Princely States: 93 seats, initially not filled, joined gradually.
- Nature: Partly elected (indirectly by provincial assemblies) and partly nominated. Not directly elected by adult franchise.
Key Milestones & Roles
- First Meeting: December 9, 1946 (Muslim League boycotted).
- Temporary President: Dr. Sachchidanand Sinha (oldest member, French practice).
- Permanent President: Dr. Rajendra Prasad (Dec 11, 1946).
- Vice-President: H.C. Mukherjee.
- Constitutional Advisor: Sir B.N. Rau.
- Impact of Mountbatten Plan (June 3, 1947): Muslim League members from Pakistan withdrew; strength reduced from 389 to 299.
Dual Functions of the Assembly
The Indian Independence Act of 1947 declared the Constituent Assembly a fully sovereign body and empowered it to abrogate or alter any law made by the British Parliament. It was vested with two separate functions:
- Constituent Body: To make the Constitution of free India. Chaired by Dr. Rajendra Prasad.
- Legislative Body: To enact ordinary laws for the country (functioned as the provisional Parliament). Chaired by G.V. Mavalankar.
These two functions continued till November 26, 1949, when the task of constitution-making was completed.
1.3.3: Objectives Resolution (Jawaharlal Nehru)
Philosophical Bedrock of the Constitution
- Introduction Date: Introduced by Jawaharlal Nehru on December 13, 1946.
- Philosophy: Laid down the fundamental philosophy and guiding principles that would underpin the Constitution. It enshrined the aspirations and values of the freedom struggle.
- Key Contents:
- Declared India as an Independent, Sovereign Republic.
- Guaranteed justice (social, economic, political), equality (status, opportunity, before law), freedom (thought, expression, belief, faith, worship, vocation, association, action) to all people.
- Adequate safeguards for minorities, backward and tribal areas, and Depressed & Other Backward Classes.
- Maintenance of the integrity of the territory of the Republic and its sovereign rights on land, sea, and air.
- Promotion of world peace and the welfare of mankind.
- Unanimous Adoption: Adopted by the Assembly on January 22, 1947.
- Preamble's Foundation: The modified version of the Objectives Resolution forms the Preamble of the present Indian Constitution, serving as its philosophical bedrock.
1.3.4: Committees of the Constituent Assembly
To handle the diverse and complex tasks of constitution-making, the Constituent Assembly appointed various committees.
| Committee Name | Chairperson | Key Mandate |
|---|---|---|
| Union Powers Committee | Jawaharlal Nehru | To deal with the powers of the Union government. |
| Union Constitution Committee | Jawaharlal Nehru | To prepare the Constitution for the Union of India. |
| Provincial Constitution Committee | Sardar Vallabhbhai Patel | To prepare the Constitution for the provinces. |
| Drafting Committee | Dr. B.R. Ambedkar | To prepare the Draft Constitution. |
| Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas | Sardar Vallabhbhai Patel | To advise on the rights of citizens and the protection of minority interests. |
| • Sub-Committee on Fundamental Rights | J.B. Kripalani | |
| • Sub-Committee on Minorities | H.C. Mukherjee | |
| • Sub-Committee on North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas | Gopinath Bordoloi | |
| • Sub-Committee on Excluded and Partially Excluded Areas (Other than Assam) | A.V. Thakkar | |
| Rules of Procedure Committee | Dr. Rajendra Prasad | To frame the rules for the Constituent Assembly's functioning. |
| States Committee (Committee for Negotiating with States) | Jawaharlal Nehru | To negotiate with representatives of princely states. |
| Steering Committee | Dr. Rajendra Prasad | To regulate the Assembly's program and direct its work. |
Numerous Minor Committees
- Finance and Staff Committee (Dr. Rajendra Prasad)
- Credentials Committee (Alladi Krishnaswami Ayyar)
- House Committee (B. Pattabhi Sitaramayya)
- Order of Business Committee (Dr. K.M. Munshi)
- Committee on the Functions of the Constituent Assembly (G.V. Mavalankar)
- Ad hoc Committee on the National Flag (Dr. Rajendra Prasad)
- Committee on Chief Commissioners’ Provinces (B. Pattabhi Sitaramayya)
- Expert Committee on Financial Provisions of the Union Constitution (Nalini Ranjan Sarkar)
- Linguistic Provinces Commission (S.K. Dar)
- Special Committee to Examine the Draft Constitution (Alladi Krishnaswami Ayyar)
- Press Gallery Committee (Usha Nath Sen)
- Ad hoc Committee on Citizenship (S. Varadachari)
1.3.5: The Drafting Committee
Formation & Chairman
- Formed: August 29, 1947.
- Chairman: Dr. B.R. Ambedkar, considered the chief architect of the Indian Constitution.
- Tasked with preparing a draft of the new Constitution.
- Sat for 141 days, demonstrating meticulous work.
Esteemed Members
- 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)
- T.T. Krishnamachari (replaced D.P. Khaitan)
Drafting Process & Public Review
- First Draft: Prepared and published in February 1948 (after about 6 months).
- Public Discussion: The people of India were given eight months to discuss the draft and propose amendments, ensuring democratic participation.
- Second Draft: In light of public comments, criticisms, and suggestions, the Drafting Committee prepared a Second Draft, which was published in October 1948.
1.3.6: Enactment and Enforcement
Readings on the Draft Constitution
- First Reading: November 4, 1948 – November 9, 1948 (General discussion).
- Second Reading: November 15, 1948 – October 17, 1949 (Clause-by-clause consideration; most prolonged stage, 7653 amendments proposed, 2473 actually discussed).
- Third Reading: November 14, 1949 – November 26, 1949 (Motion for 'the Constitution as settled by the Assembly be passed' was moved).
Adoption
On November 26, 1949, the Constitution was declared as passed (Adopted). It contained a Preamble, 395 Articles, and 8 Schedules.
Dr. B.R. Ambedkar introduced the final draft and is famously known as the 'Father of the Indian Constitution'.
Commencement/Enforcement
- The full Constitution came into force on January 26, 1950.
- This date was specifically chosen because, on this day in 1930, the Purna Swaraj Day was celebrated, following the Lahore Session (1929) of the INC, symbolizing complete independence.
- Immediate Provisions (Nov 26, 1949): Some provisions related to citizenship (Art 5, 6, 7, 8, 9), elections (Art 324), provisional Parliament, temporary and transitional provisions, and short title (Art 394) came into force immediately. The remaining provisions came into force on January 26, 1950.
1.3.7: Role of Key Personalities
Dr. B.R. Ambedkar
Chairman of the Drafting Committee; chief architect of the Indian Constitution; played a crucial role in shaping the concepts of fundamental rights, parliamentary democracy, and social justice. Often referred to as the 'Father of the Indian Constitution'.
Jawaharlal Nehru
Moved the Objectives Resolution; played a vital role in formulating the Union Constitution and Union Powers Committees. His vision of a modern, secular, and democratic India deeply influenced the Preamble and fundamental rights.
Sardar Vallabhbhai Patel
Chairman of the Provincial Constitution Committee and Advisory Committee on Fundamental Rights, Minorities, and Tribal Areas. Played a pivotal role in integrating princely states and ensuring their representation in the Assembly.
Dr. Rajendra Prasad
President of the Constituent Assembly, ensuring disciplined and constructive deliberations; also headed the Rules of Procedure Committee and Steering Committee.
Sir B.N. Rau
Constitutional Advisor; prepared the initial draft of the Constitution and provided invaluable legal guidance, serving as a beacon of legal wisdom.
S.N. Mukherjee
Chief Draftsman of the Constitution; responsible for the complex task of drafting the constitutional text in a clear and logical manner, ensuring coherence and precision.
1.3.8: Criticism of the Constituent Assembly
Not a Representative Body
Argument:
Critics argued it was not directly elected by the people on universal adult franchise; members indirectly elected by provincial assemblies (limited franchise).
Counter-argument:
Direct elections were impossible due to partition and violence. It broadly represented almost all sections and included prominent leaders, making it representative of the political landscape.
Not a Sovereign Body
Argument:
It was created under British plan and held sessions with British permission.
Counter-argument:
The Indian Independence Act of 1947 made it fully sovereign, free to abrogate any British law. It ratified India's Commonwealth membership as a sovereign choice.
Time Consuming
Argument:
Took nearly three years, "too lengthy" compared to the American Constitution.
Counter-argument:
Justified by India's vast diversity, socio-economic complexities, and need for comprehensive provisions. Involved extensive debates and adapting global features. US Constitution was brief, leaving details to conventions, which India couldn't afford.
Congress & Lawyers Dominated
Argument:
A "one-party body" dominated by Congress (82% seats post-partition), perceived as dominated by lawyers using complex language.
Counter-argument:
Congress held a diverse ideological spectrum. Lawyers were essential for precision and robust framework. Eminent constitutionalists ensured unparalleled legal acumen.
1.3.9: Important Facts & Symbols
Time & Cost
- Time Taken: 2 years, 11 months, 18 days.
- Total Sessions: 11 sessions.
- Cost: Around ₹64 lakh.
Key Officials & Symbol
- Symbol (Seal): Elephant.
- Secretary: H.V.R. Iyengar.
- Chief Draftsman: S.N. Mukherjee.
Artistic Contributions
- Calligrapher (Original English): Prem Behari Narain Raizada.
- Illustrations/Decorations: Artists from Shantiniketan (Beohar Rammanohar Sinha, Nandalal Bose).
- Calligrapher (Original Hindi): Vasant Krishna Vaidya.
Conclusion & Significance
The making of the Indian Constitution was a truly remarkable feat, transforming India from a colonial subject to a sovereign republic with a detailed and aspirational constitutional framework. The Constituent Assembly, despite its limitations, successfully navigated the complexities of a diverse nation, the trauma of partition, and the challenge of establishing a stable democratic order. The Constitution is a testament to the vision, foresight, and collaborative spirit of its makers, reflecting a nuanced balance between historical lessons and future aspirations, making it a living document capable of adapting to changing times.
Prelims-ready Notes
- M.N. Roy (1934): First proposed the idea.
- INC (1935): First official demand.
- Nehru (1938): Constitution by CA elected on adult franchise.
- August Offer (1940): British conceded CA for first time (post-war).
- Cripps Mission (1942): Elected body to frame Constitution (post-war, with opt-out clause for provinces).
- Cabinet Mission Plan (1946): Accepted for CA formation (rejected Pakistan CA, basis for present CA).
- Total Strength: 389 (292 British provinces, 93 Princely States, 4 Chief Commissioners).
- Election: Indirect for British provinces; Nomination for Princely States.
- Election Results (1946): INC 208, Muslim League 73.
- First Meeting: Dec 9, 1946 (ML boycotted).
- Temporary President: Dr. Sachchidanand Sinha.
- Permanent President: Dr. Rajendra Prasad (Dec 11, 1946).
- Vice-President: H.C. Mukherjee.
- Constitutional Advisor: Sir B.N. Rau.
- Impact of Partition: ML members from Pak areas withdrew; strength reduced to 299.
- Dual Functions: Constituent body (chaired by Rajendra Prasad) & Legislative body (chaired by G.V. Mavalankar).
- Moved by Jawaharlal Nehru (Dec 13, 1946). Adopted on Jan 22, 1947. Philosophical bedrock, foundation of Preamble.
- Drafting Committee: Formed Aug 29, 1947. 7 members including Chairman Dr. B.R. Ambedkar. First Draft (Feb 1948), Second Draft (Oct 1948).
- Major Committees & Chairpersons:
- Union Powers/Constitution, States Committee: Jawaharlal Nehru
- Provincial Constitution, Advisory Committee (FRs, Minorities, Tribal): Sardar Vallabhbhai Patel
- Drafting Committee: Dr. B.R. Ambedkar
- Rules of Procedure, Steering Committee, Ad hoc on National Flag: Dr. Rajendra Prasad
- Third Reading: Nov 14-26, 1949.
- Adopted: Nov 26, 1949 (Preamble, 395 Articles, 8 Schedules).
- Commencement (full enforcement): Jan 26, 1950 (Purna Swaraj Day).
- Provisions enforced on Nov 26, 1949: Citizenship (Art 5, 6, 7, 8, 9), Elections (Art 324), Provisional Parliament, temporary/transitional provisions.
- Key Personalities: Ambedkar (Chairman Drafting, Father of Constitution), Nehru (Objectives Res, Union Committees), Patel (Provincial, Advisory Committee, Integration), Prasad (President CA, Rules/Steering), B.N. Rau (Constitutional Advisor), S.N. Mukherjee (Chief Draftsman), Prem Behari Narain Raizada (Calligrapher).
- Key Facts/Symbols: Elephant (symbol), H.V.R. Iyengar (Secretary), S.N. Mukherjee (Chief Draftsman), Prem Behari Narain Raizada (Calligrapher), Nandalal Bose & Beohar Rammanohar Sinha (Artists).
Key Milestones Timeline
1934: First demand for CA (M.N. Roy)
Genesis of the idea of Indian self-determination.
1935: INC officially demands CA
Nationalist movement formally adopts the demand.
May 1946: Cabinet Mission Plan
Provided the practical framework for the CA formation.
Dec 13, 1946: Objectives Resolution Moved
Laid down guiding philosophy; later formed Preamble.
Aug 29, 1947: Drafting Committee Formed
Tasked with preparing the draft; Dr. B.R. Ambedkar Chairman.
Nov 26, 1949: Constitution Adopted
CA completed its work; Preamble, 395 Articles, 8 Schedules.
1940: August Offer
First British acknowledgment of Indian right to frame constitution.
Dec 9, 1946: CA First Meeting
Inaugural session; Dr. S. Sinha temporary President.
Dec 11, 1946: Dr. Rajendra Prasad Permanent President
Election of permanent head of CA.
Jan 22, 1947: Objectives Resolution Adopted
Unanimous acceptance of the foundational principles.
Jan 26, 1950: Constitution Commencement
Full enforcement; India became a Republic; Purna Swaraj Day significance.
Mains-ready Analytical Notes
Major Debates/Discussions
- Nature of the Constituent Assembly: Representativeness vs. Pragmatism.
- Sovereignty of the CA: Truly sovereign or British creation.
- Influence of Western Models vs. Indian Spirit: Adaptation, not blind imitation.
- Consensus vs. Majority Rule: Emphasized consensus-building.
Historical/Long-term Trends, Continuity & Changes
- Evolution from Colonial Acts: Borrowing structures, but breaking colonial rule.
- Secularism as an evolving concept: Religious freedom from outset.
- Transformative Constitutionalism: Aim for socio-economic revolution.
Contemporary Relevance/Significance/Impact
- Basic Structure Doctrine: Interpreting core values.
- Preamble as Guiding Light: Continues to guide interpretation.
- Debates on Constitutional Amendments: Original intent vital.
- Inclusivity and Representation: Precedent for fostering inclusivity.
Current Affairs & Recent Developments
Judicial Pronouncements
The Supreme Court's judgments, such as the Electoral Bonds Case (Feb 2024), emphasize the fundamental principles of democracy, transparency, and accountability, which are directly rooted in the Constituent Assembly's vision for a just and equitable republic. The Court often refers to the Preamble and the intent of the framers when interpreting complex constitutional questions.
Parliamentary Debates
Discussions in Parliament regarding the new criminal laws (Bharatiya Nyaya Sanhita, etc.) or proposed electoral reforms often invoke the spirit of the Constitution, the principles of justice, and the idea of a robust legal framework envisioned by the Constituent Assembly.
Constitutional Morality & Legacy
The concept of 'constitutional morality' frequently invoked by the Supreme Court (e.g., in recent judgments on personal laws or fundamental rights cases) is a direct reflection of the underlying values and philosophy intended by the framers. Recent government initiatives to commemorate the birth anniversaries or contributions of key constitution makers (e.g., Dr. B.R. Ambedkar, Sardar Patel) highlight the continued reverence for their legacy.
UPSC Previous Year Questions (PYQs)
Prelims MCQs
1. UPSC CSE 2017: Which of the following statements is/are correct regarding the Preamble of the Indian Constitution?
- The Preamble is based on the 'Objectives Resolution' moved by Jawaharlal Nehru in 1946.
- It is enforceable in courts of law.
Select the correct answer using the code given below:
(a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
Answer: (a)
Hint: Statement 1 is correct. The Preamble is non-justiciable, meaning it cannot be enforced in courts of law (Statement 2 is incorrect).
2. UPSC CSE 2014: Which one of the following is not a feature of the Government of India Act of 1935?
(a) Dyarchy at the Centre (b) All India Federation (c) Provincial Autonomy (d) Diarchy in provinces
Answer: (d)
Hint: Dyarchy in provinces was introduced by the GoI Act 1919 and abolished by the GoI Act 1935, which introduced Provincial Autonomy. The 1935 Act proposed Dyarchy at the Centre, though it was never implemented.
Mains Questions
1. UPSC CSE 2018 (15 marks): "Constitutional morality is rooted in the Constitution itself and is founded on the essential principles of the constitutional structure. Explain the doctrine of 'constitutional morality' with the help of relevant court cases."
Direction: While not directly about the making, this question requires understanding the spirit and philosophy laid down by the constitution makers through the Objectives Resolution and subsequent debates. Your answer should explain how the original intent of the framers, particularly their commitment to justice, liberty, equality, and dignity, forms the basis of constitutional morality, as interpreted by the Supreme Court (e.g., Navtej Singh Johar, Sabarimala cases).
2. UPSC CSE 2015 (12.5 marks): "Has the Parliament of India the power to amend the Preamble of the Constitution?"
Direction: This question directly links to the Objectives Resolution and its transformation into the Preamble. Discuss the Supreme Court's stance in the Kesavananda Bharati case (1973), where it held that the Preamble can be amended, but its 'Basic Structure' cannot be destroyed. Relate it to the philosophical underpinnings laid by the Constituent Assembly.
Original MCQs for Prelims
1. Which of the following statements about the Constituent Assembly of India is/are correct?
- It was largely a directly elected body based on universal adult franchise.
- The Muslim League actively participated in its first meeting in December 1946.
- Its composition was significantly altered following the Mountbatten Plan of 1947.
Select the correct answer using the code given below:
(a) 1 only (b) 3 only (c) 1 and 2 only (d) 2 and 3 only
Answer: (b)
Explanation: Statement 1 is incorrect; the CA was indirectly elected on a limited franchise. Statement 2 is incorrect; the Muslim League boycotted the first meeting. Statement 3 is correct; the Mountbatten Plan led to the partition, and Muslim League members from Pakistan territories withdrew, reducing the CA's strength.
2. With reference to the process of making the Indian Constitution, consider the following statements:
- The 'Objectives Resolution' moved by Jawaharlal Nehru was unanimously adopted before the formation of the Drafting Committee.
- The final draft of the Constitution was adopted on January 26, 1950, to commemorate 'Purna Swaraj' day.
- Dr. B.R. Ambedkar played a significant role in advising the Constituent Assembly as its Constitutional Advisor.
Which of the statements given above is/are correct?
(a) 1 only (b) 1 and 2 only (c) 3 only (d) None of the above
Answer: (a)
Explanation: Statement 1 is correct (Objectives Resolution moved Dec 1946, adopted Jan 1947; Drafting Committee formed Aug 1947). Statement 2 is incorrect; the Constitution was adopted on November 26, 1949, and commenced (fully enforced) on January 26, 1950. Statement 3 is incorrect; Sir B.N. Rau was the Constitutional Advisor; Dr. Ambedkar was the Chairman of the Drafting Committee.
Original Descriptive Questions for Mains
1. "The Constituent Assembly, despite its limitations, successfully laid the foundation of a robust and enduring democratic framework for India." Discuss this statement by evaluating the major criticisms levelled against the Constituent Assembly and providing counter-arguments highlighting its achievements. (15 marks)
Key Points/Structure:
- Introduction: Acknowledge criticisms but emphasize ultimate success.
- Major Criticisms: Not representative, not sovereign, time-consuming, Congress/Lawyer dominated, Hindu domination.
- Counter-arguments/Achievements: Inclusivity despite indirect elections, sovereign post-1947, deliberate process necessary for diversity, expertise ensured robustness, visionary document.
- Conclusion: A product of its time, but a testament to vision and hard work, creating a living document.
2. Examine the philosophical underpinnings of the Indian Constitution as reflected in the Objectives Resolution and subsequent debates of the Constituent Assembly. How have these foundational ideals influenced India's constitutional journey since 1950? (10 marks)
Key Points/Structure:
- Introduction: Objectives Resolution as philosophical bedrock.
- Philosophical Underpinnings: Sovereign Republic, Justice (Social, Economic, Political), Liberty, Equality, Fraternity, Safeguards for Minorities, Internationalism.
- Influence on Journey: Preamble, Fundamental Rights & DPSP, Secularism, Basic Structure Doctrine, Social Legislation & Policies, Foreign Policy.
- Conclusion: Enduring moral compass for India's development.