Making of the Indian Constitution

Introduction

  • The Constituent Assembly of India (1946–1950) was responsible for framing the world’s lengthiest written Constitution, reflecting India’s social, cultural, and political diversity.
  • It laid the foundation of a sovereign, democratic republic, embodying justice, liberty, equality, and fraternity.
  • Formed under the Cabinet Mission Plan (1946), it functioned initially as a Constitution-making body and later as the provisional Parliament till 1952.

Historical Evolution

Year Key Event
1934 M.N. Roy first proposed the idea of a Constituent Assembly.
1935 Indian National Congress (INC) formally demanded a Constituent Assembly.
1938 J.L. Nehru called for a Constituent Assembly elected via adult franchise.
1940 British accepted the idea in principle through the August Offer.
1942 Cripps Mission failed to satisfy demands of Indian leaders.
1946 Cabinet Mission Plan laid down the framework for the Assembly.

Composition of the Constituent Assembly

    • Total strength: 389 members
      • 296 from British India
      • 93 from Princely States
  • Post-Partition reduction:
    • British India: from 296 → 229
    • Princely States: from 93 → 70

Method of Selection:

  • Indirect elections via Provincial Legislative Assemblies using Proportional Representation (PR) with Single Transferable Vote (STV).
  • Princely State members were nominated.
    Key Personalities
Position Name
President Dr. Rajendra Prasad
Vice Presidents Harendra Coomar Mookerjee, V.T. Krishnamachari
Legal Advisor B.N. Rau
Drafting Committee Chair Dr. B.R. Ambedkar

Objective Resolution (13 December 1946)

Introduced by Jawaharlal Nehru, it laid the philosophical foundation of the Constitution:

  • India as Sovereign Democratic Republic
  • Guarantees of justice, liberty, equality, fraternity
  • Federal structure with division of powers
  • Protection for minorities and backward classes

Adopted unanimously on 22 January 1947

Major Committees

Organizational Committees

Committee Chairperson
Rules of Procedure Dr. Rajendra Prasad
Steering Committee Dr. Rajendra Prasad
Order of Business K.M. Munshi
States Committee J.L. Nehru
Flag Committee Dr. Rajendra Prasad

 Principal Committees

Committee Chairperson
Drafting Committee Dr. B.R. Ambedkar
Union Powers J.L. Nehru
Provincial Constitution Sardar Patel
Fundamental Rights & Minorities Sardar Patel

Sectoral Committees

Committee Chairperson
Citizenship S. Varadachariar
Chief Commissioners’ Provinces N. Gopalaswami Ayyangar
Financial Provisions N.R. Sarkar

Key Events & Timeline

Date Event
9 Dec 1946 First session of the Assembly
11 Dec 1946 Dr. Rajendra Prasad elected President
13 Dec 1946 Nehru presented Objective Resolution
July 1947 Assembly got full sovereignty via Indian Independence Act, 1947
22 July 1947 Adopted National Flag
Draft Constitution prepared by Feb 1948 with 315 Articles & 8 Schedules
4 Nov 1948 – 26 Nov 1949 1st to 3rd readings of Constitution
26 Nov 1949 Constitution adopted
24 Jan 1950 Rajendra Prasad elected President, National Anthem adopted
26 Jan 1950 Constitution came into force → Republic Day

Special Features

  • Some Articles (e.g., citizenship, elections, transitional provisions) came into force on 26 Nov 1949.
  • Entire Constitution enforced on 26 Jan 1950, aligning with the 1930 Purna Swaraj declaration.

Criticisms of Constituent Assembly

Criticism Explanation
Not Representative Members indirectly elected; no universal adult suffrage.
Not Sovereign Created by British Cabinet Mission Plan.
Congress Dominated As per Granville Austin: “Congress was the Assembly.”
Hindu-dominated Criticized by Winston Churchill.
Lawyer-Politician Dominance Few from peasantry or working classes.
Time-Consuming Took 2 years, 11 months, 17 days vs. USA’s 4 months.

 

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