Making of the Constitution

The idea of a Constituent Assembly for India was first floated in 1934 by M.N. Roy, a pioneering figure of the communist movement in India. The following year, the Indian National Congress (INC) formally demanded such an assembly to draft a constitution for the country — this was the first time the Congress officially made this demand.

In 1938, Jawaharlal Nehru, speaking for the INC, articulated the demand more sharply: the constitution of a free India had to be framed without any external interference, by a Constituent Assembly elected through adult franchise.

The British Government accepted this demand in principle through the 'August Offer' of 1940. However, a concrete plan came only in 1942, when Sir Stafford Cripps (a cabinet member) visited India with proposals for drafting an independent constitution after World War II. The Muslim League rejected the Cripps Proposals because they wanted India split into two autonomous states, each with its own Constituent Assembly.

Eventually, a Cabinet Mission was dispatched to India (arriving March 24, 1946; plan published May 16, 1946). It rejected the idea of two assemblies but devised a scheme that broadly satisfied the Muslim League.

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The Assembly was constituted in November 1946 based on the Cabinet Mission Plan. Key structural features:

• Total strength: 389 seats
  • 292 seats — eleven Governors' Provinces
  • 4 seats — four Chief Commissioners' Provinces (one each)
  • 93 seats — Princely States
• Seats were allocated proportionally to population — roughly one seat per million people.
• Within each British province, seats were divided among three communities: Muslims, Sikhs, and General (everyone else), in proportion to their population.
• Community representatives were indirectly elected by members of provincial legislative assemblies using proportional representation via single transferable vote.
• Representatives of princely states were nominated by their respective heads of state.

The Assembly was thus partly elected and partly nominated, and its elected members were returned not by universal adult franchise but by provincial assemblymen who themselves held seats under the limited franchise of the Government of India Act, 1935.

Election Results (July–August 1946, 296 seats)

The 93 princely state seats remained vacant initially, as most states chose to stay away.

Community Representation (out of 296)

Despite being indirectly elected, the Assembly included representatives of virtually every section of Indian society — all major religions, SCs, STs, and women. Every important political figure of the era was a member, except Mahatma Gandhi.

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First Meeting and Temporary Arrangements

The Assembly held its first sitting on December 9, 1946. The Muslim League boycotted this session, demanding a separate Pakistan, so only 211 of the 389 members attended. Following French convention, the oldest member — Dr. Sachchidanand Sinha — was made temporary President.

Later, Dr. Rajendra Prasad was elected permanent President, while H.C. Mukherjee and V.T. Krishnamachari were elected as the two Vice-Presidents.

Objectives Resolution

On December 13, 1946, Jawaharlal Nehru moved the landmark Objectives Resolution, which laid out the philosophical and structural foundation of the future constitution. Its key commitments included:

1. Proclaiming India as an Independent Sovereign Republic
2. Creating a Union of all existing and willing territories
3. Granting autonomous status to constituent units with residual powers
4. Deriving all governmental authority from the people
5. Guaranteeing all citizens justice (social, economic, political), equality, and freedoms subject to law and public morality
6. Providing adequate safeguards for minorities, backward classes, tribal and excluded areas
7. Maintaining the territorial integrity of the Republic
8. Committing to world peace and human welfare

The Resolution was unanimously adopted on January 22, 1947. It deeply shaped all subsequent drafting stages and its revised version became the Preamble of the Constitution.

Impact of the Indian Independence Act, 1947

After the Mountbatten Plan (June 3, 1947) accepted partition, most princely states joined the Assembly. The Independence Act made three critical changes:

1. Full sovereignty: The Assembly became completely sovereign — it could frame any constitution it wished and could override or abrogate any British Parliamentary legislation concerning India.
2. Dual function: The Assembly now also functioned as a legislative body (the Dominion Legislature / first Parliament of free India), handling ordinary lawmaking on separate days from constitution-making. Dr. Rajendra Prasad chaired constitutional sessions; G.V. Mavlankar chaired legislative sessions. This dual role continued until November 26, 1949.
3. Reduced membership: Muslim League members from the areas that became Pakistan (West Punjab, East Bengal, NWFP, Sindh, Baluchistan, Sylhet) withdrew. Total strength fell from 389 to 299 — Indian provinces from 296 to 229, princely states from 93 to 70.

Other Functions Performed

Beyond drafting the Constitution and lawmaking, the Assembly also:

• Ratified India's Commonwealth membership (May 1949)
• Adopted the National Flag (July 22, 1947)
• Adopted the National Anthem and National Song (January 24, 1950)
• Elected Dr. Rajendra Prasad as India's first President (January 24, 1950)

Statistics

• 11 sessions spanning 2 years, 11 months, and 18 days
• Constitutions of approximately 60 countries were studied
• The Draft Constitution was deliberated over for 114 days
• Total expenditure: ₹64 lakh
• Final session: January 24, 1950; the Assembly then continued as the Provisional Parliament until the first general elections produced a new Parliament in 1951–52 (Provisional Parliament ceased April 17, 1952; first elected Parliament came into being May 1952).

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The Assembly set up numerous committees to manage the complex drafting process.

Eight Major Committees

The Advisory Committee on FR, Minorities & Tribal Areas (chaired by Patel) had five sub-committees:

• Fundamental Rights Sub-Committee — J.B. Kripalani
• Minorities Sub-Committee — H.C. Mukherjee
• NE Frontier Tribal Areas & Assam (Excluded & Partially Excluded) — Gopinath Bardoloi
• Excluded & Partially Excluded Areas (outside Assam) — A.V. Thakkar
• NW Frontier Tribal Areas Sub-Committee

The Drafting Committee — The Most Critical Body

Constituted on August 29, 1947, the Drafting Committee was the most pivotal of all committees. It was tasked with preparing the actual draft of the Constitution. Its seven members were:

1. Dr. B.R. Ambedkar (Chairman)
2. N. Gopalaswamy Ayyangar
3. Alladi Krishnaswamy Ayyar
4. Dr. K.M. Munshi
5. Syed Mohammad Saadullah
6. N. Madhava Rau (replaced B.L. Mitter, who resigned due to ill health)
7. T.T. Krishnamachari (replaced D.P. Khaitan, who died in 1948)

After synthesising the work of all other committees, it published the first draft in February 1948. Citizens had eight months to comment. Based on public feedback, a second draft was published in October 1948. The Committee completed its work in less than six months, sitting for only 141 days.

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During the second reading, 7,653 amendments were proposed; 2,473 were actually discussed.

Of the 299 members, only 284 were present on November 26, 1949, and signed the Constitution. This date — November 26 — is cited in the Preamble as the day the people of India adopted, enacted, and gave themselves this Constitution. It is now observed as Constitution Day (Samvidhan Divas).

As adopted, the Constitution contained:

• A Preamble (enacted after the rest of the Constitution was already passed)
• 395 Articles
• 8 Schedules

Dr. B.R. Ambedkar — Father of the Constitution

Ambedkar, the then Law Minister, piloted the Draft Constitution through the Assembly with exceptional skill — logical, forceful, and persuasive. He is recognised as the 'Father of the Constitution of India' and also called 'Modern Manu'. He was undisputedly the chief architect of the Constitution.

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Not all provisions came into force on the same date:

• November 26, 1949 — Articles relating to citizenship, elections, provisional parliament, temporary/transitional provisions, and short title (Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393) came into immediate effect.
• January 26, 1950 — The remaining and major portion of the Constitution came into force. This is the 'date of commencement' of the Constitution, celebrated as Republic Day.

January 26 was deliberately chosen for its historical resonance: on this date in 1930, the INC had celebrated Purna Swaraj Day (complete independence), following the resolution of the Lahore Session of December 1929.

On the commencement of the Constitution:

• The Indian Independence Act, 1947 was repealed.
• The Government of India Act, 1935 (and all amending/supplementing enactments) was repealed.
• The Abolition of Privy Council Jurisdiction Act, 1949 was, however, continued.

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Several scholars and contemporaries have challenged the legitimacy and quality of the Constituent Assembly on the following grounds:

1. Not truly representative: Members were not elected by the people through universal adult franchise — they were chosen indirectly through provincial assemblies operating under a limited franchise.
2. Not truly sovereign: The Assembly was created under British proposals and conducted its sessions with British permission, compromising its claim to full sovereignty.
3. Too slow: Critics argued the Assembly took unnecessarily long — over two years — while the American founding fathers completed their constitution in just four months. Member Naziruddin Ahmed mockingly renamed the Drafting Committee a "Drifting Committee".
4. Congress-dominated: Granville Austin, the British constitutional scholar, wrote that 'The Constituent Assembly was a one-party body in an essentially one-party country. The Assembly was the Congress and the Congress was India.'
5. Lawyer-politician domination: The under-representation of other professional and social groups was blamed for the Constitution's bulk and complex legal language.
6. Hindu-dominated: Lord Viscount Simon called it 'a body of Hindus'; Winston Churchill remarked it represented 'only one major community in India.'

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• Symbol (Seal) of the Constituent Assembly: Elephant
• Constitutional Advisor (Legal Advisor): Sir B.N. Rau
• Secretary to the Constituent Assembly: H.V.R. Iyengar
• Chief Draftsman: S.N. Mukerjee
• Calligrapher of the original Constitution (handwritten in flowing italic style): Prem Behari Narain Raizada
• The original version was decorated and beautified by artists from Shantiniketan, including Nand Lal Bose and Beohar Rammanohar Sinha
• Beohar Rammanohar Sinha illuminated and ornamented the original Preamble
• The Hindi version was calligraphed by Vasant Krishan Vaidya and decorated by Nand Lal Bose

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• Chronological anchors: 1934 (M.N. Roy), 1935 (INC demand), 1938 (Nehru's declaration), 1940 (August Offer), 1942 (Cripps Mission), 1946 (Cabinet Mission Plan), Nov 26 1949 (adoption), Jan 26 1950 (commencement)
• Numbers to remember: 389 → 299 total members; 395 Articles, 8 Schedules; 7,653 amendments proposed, 2,473 discussed; 114 days for draft consideration; 11 sessions; ₹64 lakh expenditure
• Key distinctions: Date of adoption (Nov 26) vs. date of commencement (Jan 26); direct vs. indirect election; legislative vs. constitutional sessions
• Who chaired what: Ambedkar = Drafting Committee; Rajendra Prasad = President + Rules of Procedure + Steering; Patel = Provincial Constitution + Advisory on FR; Nehru = Union Powers + Union Constitution + States Committee
• The 'Objectives Resolution': moved Dec 13, 1946 → adopted Jan 22, 1947 → became the Preamble
• Cripps vs. Cabinet Mission: Cripps rejected by Muslim League; Cabinet Mission rejected two-assembly idea but satisfied the League partially