Making of the constitution - Clarity Desk Hub IAS

Background

Whenever we study the Constitution of India, one important question arises: Who framed it, and how did this idea emerge?
The Constitution was not gifted to us by the British. It was created by our own people, through the Constituent Assembly. But the idea of such an Assembly did not arise suddenly—it had a long journey.

The First Proposal (1934 – M.N. Roy)

In 1934, the demand for a Constituent Assembly was first put forward by M.N. Roy.
Roy was a pioneer of the communist movement in India, and he argued that Indians themselves must draft their Constitution, not the British Parliament.

Congress Joins the Demand (1935)

In 1935, the Indian National Congress (INC), for the first time, officially demanded the creation of a Constituent Assembly.
This marked a shift—what began as an intellectual idea with M.N. Roy now became the political demand of the national movement.

Jawaharlal Nehru’s Declaration (1938)

In 1938, Jawaharlal Nehru, speaking on behalf of the Congress, declared:

“The Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise.”

This was significant because:
1. It emphasized sovereignty—no foreign interference.
2. It insisted on adult franchise—every adult Indian should have the right to elect representatives.

British Response – The August Offer (1940)

By 1940, the British Government realized it had to concede something due to growing pressure from Indians and the backdrop of World War II.
Through the August Offer (1940), the British accepted the principle of a Constituent Assembly in the future.
However, the details were vague, and Indians remained dissatisfied.

Cripps Mission (1942)

In 1942, Sir Stafford Cripps, a member of the British Cabinet, came with draft proposals.
He offered Indians the right to frame their independent Constitution after WWII.
But there was a problem:
- The Muslim League rejected it because they wanted India to be divided into two autonomous states, each with its own Constituent Assembly.
- Congress also found the proposal unsatisfactory, so it collapsed.

Cabinet Mission (1946)

Finally, in 1946, the Cabinet Mission was sent by the British Government.
It firmly rejected the idea of two Constituent Assemblies.
Instead, it put forward a plan for one single Constituent Assembly of India.
Interestingly, this plan was acceptable to the Muslim League at first, though they later changed their stance.
But this Mission laid the foundation for the actual Constituent Assembly of India.

👉 In simple words, the demand for a Constituent Assembly was born in 1934 as an idea, became a political demand in 1935, gained moral force through Nehru’s 1938 statement, and was finally accepted by the British through the Cabinet Mission of 1946.

Composition of the Constituent Assembly

How was the Assembly Constituted?

The Cabinet Mission Plan (1946) gave the blueprint.
Based on this, the Constituent Assembly was set up in November 1946.
Remember: this was not a fully democratic body (not elected by adult franchise), but it was still broadly representative of Indian society.

Total Strength of the Assembly

The total strength = 389 seats
- 296 seats → British India
- 93 seats → Princely States

👉 But initially, the princely states did not join. So practically, only the 296 seats of British India were filled in the beginning.

Breakup of the 296 Seats (British India)

Out of 296:
- 292 seats from the 11 Governor’s Provinces (like Bengal, Bombay, Madras, etc.)
- 4 seats from the 4 Chief Commissioner’s Provinces (Delhi, Ajmer-Merwara, Coorg, and British Baluchistan).

Basis of Representation

Population-Based Allocation
- One seat ≈ for every 1 million population.
- So larger provinces got more seats (e.g., Bengal, UP).
Community-Wise Distribution
- Seats were divided among:
  - Muslims
  - Sikhs
  - General category (all except Muslims & Sikhs)
- Division was based on population share of each community.

Method of Election

Members from British India → elected indirectly by members of Provincial Legislative Assemblies.
System used → Proportional Representation through Single Transferable Vote (STV).
Members from Princely States → not elected, but nominated by the rulers.

👉 So, the Assembly was partly elected and partly nominated.

Elections of 1946

For the 296 British Indian seats (July–August 1946 elections):
- Congress → 208 seats (clear majority, also represented many groups beyond Hindus).
- Muslim League → 73 seats (almost all Muslim-reserved seats).
- Others (Independents & small groups) → 15 seats.
Princely States (93 seats) → left vacant initially because rulers stayed away.

Nature of Representation

Though not directly elected by adult franchise, the Assembly was still quite diverse and inclusive.
It had representatives of:
- Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Indian Christians, SCs, STs
- Even women members across these communities.
Almost every major political and intellectual leader of that time was present, except Mahatma Gandhi, who chose not to join.

Key Understanding

The Constituent Assembly = “Partly elected, partly nominated; partly representative, partly limited.”
It was not perfect democracy, but given the colonial conditions, it was still a remarkably representative body.
This is why, despite criticism, its legitimacy was widely accepted.

🔑 UPSC Pointers

389 members planned (296 British India + 93 Princely States).
Election Method → Indirect, via Proportional Representation + STV.
Congress majority (208 seats), Muslim League dominance in Muslim seats (73).
Princely states absent initially.
Diversity ensured → almost all communities represented.
Gandhiji not a member.

👉 In short: The Constituent Assembly was not born as a perfect democratic institution, but it was broad-based enough to draft a Constitution acceptable to the entire nation.

Working of the Constituent Assembly

First Meeting – December 9, 1946

The Constituent Assembly first met on 9th December 1946.
Muslim League boycotted it, demanding a separate Pakistan.
So, only 211 members attended the first meeting.

👉 The oldest member, Dr. Sachchidananda Sinha, was chosen as the temporary President (borrowing the French practice).
👉 Later, Dr. Rajendra Prasad was elected the permanent President.
👉 The Assembly also had two Vice-Presidents – H.C. Mukherjee and V.T. Krishnamachari.

Objectives Resolution – The Guiding Philosophy

On December 13, 1946, Jawaharlal Nehru moved the historic Objectives Resolution.
It was adopted on January 22, 1947.
This Resolution became the philosophical backbone of our Constitution.

Core Ideas of the Objectives Resolution:

India to be an Independent Sovereign Republic.
Union of territories → British India, princely states, and other willing regions.
Federal spirit → Provinces/states as autonomous units with residuary powers.
Sovereignty rests with the people (popular sovereignty).
Guarantees of rights → justice (social, economic, political), equality, and freedoms (thought, faith, worship, association, action).
Safeguards for minorities, backward classes, tribals.
Integrity & sovereignty of Indian territory (land, sea, air).
International outlook → India to contribute to world peace and human welfare.

👉 Later, a modified version of this Resolution became our Preamble.

Changes after the Indian Independence Act, 1947

The Indian Independence Act transformed the Assembly’s role:

Sovereign Body – It could frame any Constitution and even alter or repeal British laws relating to India.
Dual Role –
- Constitution-making body (chaired by Dr. Rajendra Prasad).
- Legislative body (chaired by G.V. Mavlankar) → functioned like the first Parliament of free India.
- These two roles were kept separate and conducted on different days.
Membership Change after Partition –
- Muslim League members from Pakistan withdrew.
- Strength reduced from 389 → 299.
  - British Indian provinces: 296 → 229.
  - Princely States: 93 → 70.

Other Important Functions of the Assembly

Apart from drafting the Constitution, the Assembly performed nation-building tasks:

Ratified India’s membership of the Commonwealth (May 1949).
Adopted National Flag – July 22, 1947.
Adopted National Anthem (Jana Gana Mana) – January 24, 1950.
Adopted National Song (Vande Mataram) – January 24, 1950.
Elected Dr. Rajendra Prasad as the first President of India – January 24, 1950.

Sessions and Time Taken

The Assembly met for 11 sessions.
Total duration = 2 years, 11 months, 18 days.
114 days were spent in detailed discussion on the Draft Constitution.
Constitution-makers consulted the Constitutions of about 60 countries.
Total expenditure = ₹64 lakh (quite economical compared to its significance).

Final Phase

The final session was held on January 24, 1950.
On January 26, 1950, the Constitution came into force.
The Constituent Assembly did not dissolve immediately.
👉 It continued as the Provisional Parliament until the first General Elections of 1951–52, after which the new Parliament of India was formed.

👉 In summary: The Constituent Assembly was not just a drafting body; it was the cradle of Indian democracy where the values of sovereignty, equality, justice, and fraternity were debated, refined, and institutionalized.

Committees of the Constituent Assembly

Why Committees Were Needed

The Constituent Assembly had the gigantic task of framing a constitution for a diverse country like India.
To manage this effectively, it created committees, each handling a specific aspect.
Broadly:
- 8 Major Committees → handled crucial issues.
- Several Minor Committees → dealt with specialized or technical matters.

Major Committees

Here are the eight major committees and their chairmen:

Union Powers Committee – Jawaharlal Nehru
Union Constitution Committee – Jawaharlal Nehru
Provincial Constitution Committee – Sardar Patel
Drafting Committee – Dr. B.R. Ambedkar
Advisory Committee on Fundamental Rights, Minorities, and Tribal & Excluded Areas – Sardar Patel
- This had five sub-committees:
  - (a) Fundamental Rights → J.B. Kripalani
  - (b) Minorities → H.C. Mukherjee
  - (c) North-East Frontier Tribal Areas & Assam Excluded Areas → Gopinath Bardoloi
  - (d) Other Excluded Areas (outside Assam) → A.V. Thakkar
  - (e) North-West Frontier Tribal Areas
Rules of Procedure Committee – Dr. Rajendra Prasad
States Committee (Negotiations with Princely States) – Jawaharlal Nehru
Steering Committee – Dr. Rajendra Prasad

Minor Committees

These handled specific issues. Some examples:

Finance and staff – Dr. Rajendra Prasad
Credentials – Alladi Krishnaswami Ayyar
House Committee – B. Pattabhi Sitaramayya
Order of Business – Dr. K.M. Munshi
National Flag (Ad-hoc) – Dr. Rajendra Prasad
Functions of the Assembly – G.V. Mavalankar
Supreme Court (Ad-hoc) – S. Varadachari (not an Assembly member)
Financial Provisions (Expert Committee) – Nalini Ranjan Sarkar
Linguistic Provinces Commission – S.K. Dar
Citizenship (Ad-hoc) – S. Varadachari
Press Gallery Committee – Usha Nath Sen
Special Committee on Draft Constitution – Jawaharlal Nehru

👉 These minor committees ensured that technical, legal, and logistical issues were resolved smoothly.

Drafting Committee – The Most Important

Among all, the Drafting Committee deserves special attention:

Set up: August 29, 1947.
Task: To prepare the draft Constitution, based on the reports of all other committees.
Chairman: Dr. B.R. Ambedkar – hence called the “Chief Architect of the Indian Constitution.”

Members of Drafting Committee:

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 who resigned due to ill-health)
T.T. Krishnamachari (replaced D.P. Khaitan who died in 1948)

Drafting Process

First Draft: Published in February 1948.
Public given 8 months for suggestions and criticisms.
Second Draft: Published in October 1948, after considering public feedback.
Total time spent: less than 6 months (spread across 141 days of actual meetings).

Key Takeaways

Committees divided responsibility → efficient and specialized work.
Drafting Committee = backbone, gave the final shape to the Constitution.
Ambedkar’s leadership made him the central figure in Constitution-making.

👉 In simple words: The Constituent Assembly worked like a parliament of committees. Each committee laid one stone, but the Drafting Committee built the final structure of the Indian Constitution.

Enactment and Enforcement of the Indian Constitution

Enactment of the Constitution

(a) Introduction of the Draft

On November 4, 1948, Dr. B.R. Ambedkar introduced the final draft of the Constitution in the Assembly.
This began the first reading, which was a general discussion lasting five days (till November 9, 1948).

(b) Second Reading – Clause-by-Clause Discussion

Started on November 15, 1948, and continued for almost 11 months, ending on October 17, 1949.
During this stage:
- 7,653 amendments were proposed.
- Out of these, 2,473 were actually discussed.
  👉 This shows the depth of debate and the democratic spirit of the Assembly.

(c) Third Reading – Final Adoption

Began on November 14, 1949.
On November 26, 1949, Ambedkar moved the motion:

“The Constitution as settled by the Assembly be passed.”

The motion was adopted, and the Constitution was signed by 284 members (out of 299 total), along with the President of the Assembly, Dr. Rajendra Prasad.

👉 This date—26 November 1949—is historically remembered as the day India adopted, enacted, and gave to itself its Constitution.

(d) Content of the Adopted Constitution

The original Constitution contained:
- Preamble
- 395 Articles
- 8 Schedules
The Preamble was enacted last, after the rest of the Constitution had been finalized.

(e) Role of Dr. B.R. Ambedkar

Ambedkar, then Law Minister, guided the process in the Assembly.
His speeches were logical, persuasive, and deeply impactful.
He is rightly remembered as:
- Father of the Indian Constitution
- Chief Architect of the Constitution
- Also nicknamed “Modern Manu”, symbolizing his role in codifying a just legal framework for modern India.

Enforcement of the Constitution

(a) Partial Enforcement – November 26, 1949

Some provisions came into effect immediately, mainly dealing with:
- Citizenship (Articles 5–9)
- Elections (Art. 324)
- Provisional Parliament & Transitional Provisions (Arts. 379–392)
- Short title & interpretation clauses (Arts. 60, 366, 367, 393)

👉 These were necessary to allow India to function legally during the transition.

(b) Full Enforcement – January 26, 1950

The remaining provisions came into effect on January 26, 1950.
This date is called the “date of commencement” of the Constitution.
It is celebrated every year as Republic Day.

👉 Why January 26?

Symbolic link to the Lahore Session of 1929, where the Congress had declared “Purna Swaraj” (complete independence).
On 26 January 1930, Indians had observed Independence Day in protest against British rule.
Thus, adopting this date connected the new Republic with the freedom struggle.

(c) Repeal of Old Laws

With the Constitution’s commencement:
- Indian Independence Act, 1947 repealed.
- Government of India Act, 1935 repealed (and all its amendments).
Only one British law was retained temporarily → Abolition of Privy Council Jurisdiction Act (1949), until the Supreme Court fully assumed its role

👉 In summary: The Constitution was adopted on 26 November 1949, but it came into full force on 26 January 1950, deliberately chosen to honor the freedom struggle’s call for Purna Swaraj.

Experts Committee of the Congress (1946)

Context

In mid-1946, elections for the Constituent Assembly were still taking place.
Meanwhile, the Indian National Congress felt the need to prepare material and a roadmap for the upcoming Assembly.
Therefore, it set up an Experts Committee on July 8, 1946.

Members of the Experts Committee

Jawaharlal Nehru (Chairman)
M. Asaf Ali
K.M. Munshi
N. Gopalaswami Ayyangar
K.T. Shah
D.R. Gadgil
Humayun Kabir
K. Santhanam

👉 Later, on Nehru’s proposal:

Krishna Kripalani was co-opted as member and convener.

Meetings

First sitting: New Delhi (July 20–22, 1946)
Second sitting: Bombay (August 15–17, 1946)

Work of the Committee

The committee went beyond just theoretical discussions. Its main contributions were:

Procedure of the Assembly – discussed how the Constituent Assembly should function.
Committees – suggested what committees should be formed for handling different subjects.
Draft of Objectives Resolution – prepared a draft resolution that later evolved into Jawaharlal Nehru’s Objectives Resolution (Dec 1946).
Substantive Suggestions –
- Autonomy of provinces.
- Distribution of powers between Centre and States.
- Status of Princely States.
- Procedure for amending the Constitution.

Significance

According to Granville Austin (noted constitutional historian):

“It was the Congress Experts Committee that set India on the road to her present Constitution.”

👉 Why?

Because the committee anticipated the issues that the Assembly would face.
It produced the first systematic notes on federalism, provincial autonomy, minorities, and constitutional amendment.
Its draft resolution was strikingly similar to the Objectives Resolution, which later guided the making of the Constitution and finally shaped the Preamble.

👉 In short: The Congress Experts Committee acted as a precursor to the Constituent Assembly, ensuring that when the Assembly finally met, it already had a roadmap, draft ideas, and philosophical clarity.

Criticism of the Constituent Assembly

The Constituent Assembly was undoubtedly a historic body that gave India her Constitution. Yet, it was not free from criticism. Scholars, politicians, and even some of its own members raised objections on several grounds.

Not a Representative Body

Members were not directly elected by universal adult franchise.
Instead, they were chosen by Provincial Legislative Assemblies, whose own elections were based on a limited franchise (property, education, tax qualifications).
👉 Hence, critics said it did not truly reflect the will of all Indians.

Not a Sovereign Body

The Assembly was created under the Cabinet Mission Plan of 1946, i.e., under British initiative.
Its sessions were technically held with the permission of the British Government until Independence (Aug 1947).
👉 Critics argued that it lacked full sovereignty in its origin.

Time-Consuming

The Assembly took 2 years, 11 months, 18 days to frame the Constitution.
In comparison: the American Constitution was drafted in just 4 months.
Naziruddin Ahmed, a member of the Assembly, mocked the Drafting Committee by calling it a “Drifting Committee.”

Dominated by Congress

The Congress party had an overwhelming majority (208 out of 296 elected seats).
As a result, critics said the Assembly reflected mostly the Congress viewpoint.
Granville Austin remarked:

“The Constituent Assembly was a one-party body in an essentially one-party country. The Assembly was the Congress, and the Congress was India.”

Lawyer–Politician Domination

The Assembly had many lawyers and seasoned politicians (e.g., Ambedkar, Nehru, Patel, Munshi, Alladi Krishnaswamy Ayyar).
Other sections of society—farmers, workers, ordinary citizens—had limited presence.
Critics argued this over-representation of lawyers made the Constitution bulky and complex in language, rather than simple and direct.

Hindu Domination

Some British leaders accused the Assembly of being Hindu-dominated.
Lord Viscount Simon called it “a body of Hindus.”
Winston Churchill also said it represented “only one major community in India.”
👉 Although not fully accurate (since minorities, women, SC/STs were represented), the criticism reflected the Muslim League’s boycott and absence of many princely state representatives in the beginning.

Critical Insight

While these criticisms had some merit, they should be understood in context:

Despite being indirectly elected, the Assembly’s debates reflected a broad consensus across communities.
Though Congress-dominated, it accommodated diverse voices like Ambedkar (Scheduled Castes), H.C. Mukherjee (Christians), Gopinath Bardoloi (Tribal areas), etc.
The long time taken ensured detailed debate, which gave durability to the Constitution.

👉 In summary: The Constituent Assembly was criticized as elitist, Congress-dominated, and slow, but in hindsight, its depth of debate and inclusiveness of diverse sections gave India a Constitution that has withstood the test of time.

Important Facts about the Constitution & Assembly

Symbol of the Constituent Assembly → Elephant 🐘 (adopted as its official seal).
Constitutional Advisor → Sir B.N. Rau
- He prepared the first draft (schematic draft) of the Constitution.
- Provided comparative constitutional insights from other countries.
Secretary of the Constituent Assembly → H.V.R. Iyengar
- Later became the Chief Election Commissioner of India.
Chief Draftsman → S.N. Mukerjee
- He converted the Assembly’s decisions into legal language.
Calligrapher of the Constitution → Prem Behari Narain Raizada
- Handwrote the entire original Constitution in a beautiful italic style (using no payment; only requested that his name be inscribed on every page).
Decoration and Artwork → Artists of Shantiniketan, including:
- Nand Lal Bose – decorated the pages with beautiful motifs inspired by Indian heritage.
- Beohar Rammanohar Sinha – specially illuminated and ornamented the Preamble.
Hindi Calligraphy →
- Done by Vasant Krishan Vaidya.
- Decorated/illuminated by Nand Lal Bose.

👉 Together, these efforts made the original Constitution not just a legal document but also a piece of art.

Hindi Text of the Constitution

(a) Problem Initially

The original Constitution was in English only.
There was no provision for an authoritative Hindi text.

(b) Solution → 58th Constitutional Amendment Act, 1987

Inserted Article 394-A in Part XXII of the Constitution.

(c) Key Provisions of Article 394-A

President’s Authority
- President to publish:
  - A Hindi translation of the Constitution (with all amendments).
  - A Hindi translation of each subsequent amendment passed in English.
Equal Authority
- The Hindi version shall have the same legal force as the English version.
- If any doubt arises, the President may revise the Hindi text to maintain conformity.
Authoritative Status
- For all purposes, the Hindi translation (once published) is the authoritative text in Hindi.

👉 In summary: The Constitution of India is not just a legal framework but also a work of art, crafted by experts in law, governance, language, and art. Later, with Article 394-A, India ensured that the Hindi version also had equal authoritative status as the English text.