Making of the Constitution Part 2

Making of the Indian Constitution: The Constituent Assembly and Its Journey
The Constitution of India is a written, comprehensive, and supreme document that defines the framework of governance in the country. It was adopted on November 26, 1949, and came into force on January 26, 1950, marking India’s transition into a sovereign democratic republic.

The document, consisting of 395 Articles and 8 Schedules, was the result of long deliberations, debates, and consensus-building among the members of the Constituent Assembly, which worked tirelessly between December 1946 and January 1950.

Republic Day
Commonwealth Organisation

Key Facts to Remember

Aspect

Details

Formation of the Constituent Assembly

9 December 1946 (under the Cabinet Mission Plan)

Chairman of Drafting Committee

Dr. B.R. Ambedkar

President of the Assembly

Dr. Rajendra Prasad

Initial Members

389 (later reduced to 299 after Partition)

Adoption of the Constitution

26 November 1949

Enforcement Date

26 January 1950

Influences

British, Irish, American, Canadian, Australian, and French Constitutions

Key Features

Fundamental Rights, Directive Principles, Federal System, Parliamentary Government

 

What is a Constituent Assembly?
A Constituent Assembly is a representative body formed to draft or adopt a nation’s constitution. In India’s case, it symbolized the will of the people and included members from various regions, religions, and political backgrounds.

The Indian Constituent Assembly, formed in 1946, was presided over by Dr. Rajendra Prasad, while Dr. B.R. Ambedkar headed the Drafting Committee. The Assembly debated for 2 years, 11 months, and 18 days, finally adopting the Constitution on 26 November 1949.

Background and Timeline of the Constitution-Making Process
The idea of a Constituent Assembly was first proposed by M.N. Roy in 1934, and later endorsed by the Indian National Congress in 1935.
The sequence of events that led to the framing of the Constitution is as follows:

Year

Event

1934

M.N. Roy proposed the idea of a Constituent Assembly.

1938

Jawaharlal Nehru demanded an Assembly composed solely of Indians.

1940

The British accepted the demand through the “August Offer.”

1942

The Cripps Mission suggested a Constituent Assembly after WWII.

1946

The Cabinet Mission Plan created the Constituent Assembly.

9 Dec 1946

First meeting of the Assembly; Dr. Sachidanand Sinha appointed interim President.

11 Dec 1946

Dr. Rajendra Prasad became permanent President.

13 Dec 1946

Jawaharlal Nehru introduced the “Objectives Resolution.”

3 June 1947

Mountbatten Plan announced partition; membership reduced to 299.

26 Nov 1949

Constitution adopted.

26 Jan 1950

Constitution enforced; India became a Republic.

Objective Resolution
Introduced by Pandit Jawaharlal Nehru on 13 December 1946, the Objectives Resolution laid down the guiding principles for the Constitution. It later became the Preamble to the Indian Constitution.

The Resolution aimed to:

Declare India as a Sovereign Democratic Republic.

Ensure justice, equality, liberty, and fraternity for all citizens.

Establish a federal government with power distribution between the Centre and States.

Protect the interests of minorities, backward classes, and tribal communities.

Maintain the territorial integrity of the nation.

It was adopted on 22 January 1947 by the Assembly.

Composition of the Constituent Assembly
The Constituent Assembly had 389 members initially:

296 from British India (292 from provinces + 4 from chief commissioner’s provinces)

93 from princely states

After Partition, it was reduced to 299 members (229 from provinces and 70 from princely states).

Members from provinces were indirectly elected by provincial assemblies using the Single Transferable Vote system, while representatives from princely states were nominated by their rulers.

Important Committees of the Constituent Assembly
To ensure smooth functioning, the Assembly established several committees, each focusing on specific constitutional areas.

1. Major (Principal) Committees

Committee

Chairperson

Drafting Committee

Dr. B.R. Ambedkar

Union Powers Committee

Jawaharlal Nehru

Provincial Constitution Committee

Sardar Vallabhbhai Patel

Advisory Committee on Fundamental Rights, Minorities, Tribal Areas

Sardar Vallabhbhai Patel

2. Other Committees

Committee

Chairperson

Rules of Procedure

Dr. Rajendra Prasad

Finance and Staff

Dr. Rajendra Prasad

House Committee

B. Pattabhi Sitaramayya

Hindi Translation

Alladi Krishnaswami Ayyar

Urdu Translation

Muhammad Saadullah

Ad-hoc Committee on Citizenship

S. Varadachariar

Drafting Committee
The Drafting Committee, formed on 29 August 1947, was chaired by Dr. B.R. Ambedkar and included six other members:

N. Gopalaswami Ayyangar

Alladi Krishnaswamy Ayyar

K.M. Munshi

Syed Mohammad Saadullah

N. Madhava Rau

T.T. Krishnamachari

The Committee completed the first draft in six months, which was revised based on feedback and public suggestions. The final draft was submitted in October 1948.

Timeline of Key Events in the Making of the Constitution

Date

Event

9 Dec 1946

First meeting of the Constituent Assembly.

11 Dec 1946

Dr. Rajendra Prasad elected President.

13 Dec 1946

Nehru introduced the Objectives Resolution.

22 Jan 1947

Objectives Resolution adopted.

22 July 1947

National Flag adopted.

4 Nov 1948 – 9 Nov 1948

First reading of the Draft Constitution.

15 Nov 1948 – 17 Oct 1949

Clause-by-clause second reading.

14–26 Nov 1949

Third reading completed.

26 Nov 1949

Constitution adopted.

24 Jan 1950

Dr. Rajendra Prasad elected first President; National Anthem and Song adopted.

26 Jan 1950

Constitution came into force (Republic Day).

Criticisms of the Constituent Assembly
While the Assembly achieved a monumental task, it was not free from criticism:

Not fully representative: Members were indirectly elected, not through universal adult franchise.

Dominated by the Congress Party: Congress had an overwhelming majority.

Not sovereign initially: It was formed under the Cabinet Mission Plan by the British.

Time-consuming: The process took almost three years.

Heavily inspired by foreign models: Critics argued that the Constitution borrowed too much from other nations.

Despite this, the Assembly produced one of the most detailed and forward-looking constitutions in the world.

Enforcement of the Constitution
The Draft Constitution was approved on 26 November 1949. Some articles related to citizenship, elections, and temporary provisions came into effect immediately, while the rest were enforced on 26 January 1950, celebrated as Republic Day.

Once enforced, the Government of India Act, 1935 and the Indian Independence Act, 1947 were repealed.

Today, the Indian Constitution comprises 448 Articles, 25 Parts, and 12 Schedules.

Key Takeaways for UPSC Aspirants
The Constitution was adopted on 26 Nov 1949 and implemented on 26 Jan 1950.

Dr. B.R. Ambedkar is known as the chief architect of the Constitution.

It draws inspiration from several world constitutions but remains uniquely Indian.

The Objectives Resolution laid the philosophical foundation for the Preamble.

The Assembly held 11 sessions over 165 days of debate.

The Constitution provides a federal framework with a unitary bias, ensuring both central authority and state autonomy.

Conclusion
The making of the Indian Constitution was not merely a legal exercise — it was a nation-building process.
Through consensus, vision, and the leadership of stalwarts like Dr. B.R. Ambedkar, Pandit Nehru, Sardar Patel, and Dr. Rajendra Prasad, India gained not just a legal framework but a living document that continues to guide its democratic journey.

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Watch the video “Making of the Constitution Part 1”. Click here

Watch the video “Making of the Constitution Part 3”. Click here