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LAW

ADVANCED CONSTITUTIONAL LAW

CONSTITUTIONAL HISTORY-MAKING OF INDIAN
CONSTITUTION

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Component - I - Personal Details
Role Name Affiliation

Principal Investigator Prof(Dr) Ranbir Singh Vice Chancellor

National Law University
Delhi
Principal Co-investigator Prof(Dr) G S Bajpai Registrar
National Law University
Delhi

Paper Coordinator Prof. (Dr.) Anupama Goel Professor (Law)

National Law University
Delhi
Content Writer/Author Prof. (Dr.)Anupama Goel Professor (Law)
National Law University
And Delhi
Research Associate
Dr. (Ms.) Anju Puneet
National Law University
Singh
Delhi
Content Reviewer

Component - I (B) Description of Module

Description of Module

Course No

Week No

Subject Name Law

Paper Name Advanced Constitutional Law – I

Module Name/Title Constitutional History-Making of Indian

Constitution

Pre-requisites To get awareness about the history and Knowledge

of making of Indian Constitution

Objectives To know the process of making of Indian

Constitution.

Keywords Constitution of India, Constituent Assembly,

Resolution, Committees of Constituent Assembly,
Act.

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TABLE OF CONTENTS

1. Introduction
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2. Historical Background
2.1 The coming of the British
2.2 Government of India Act, 1858
2.3 Indian Council Acts of 1861 And 1892
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2.4 Indian National Congress and the Constitution of India Bill, 1895
2.5 The Indian Councils Act, 1909
2.6 The Government of India Act, 1919
2.7 Commonwealth of India Bill, 1925
2.8 Nehru Report, 1928
2.9 Government of India Act 1935
2.10 Demand of Constituent Assembly
2.11 Cripps Mission 1942
2.12
2.13
Cabinet Mission Plan 1946
The Indian Independence Act, 1947
3. Different stages in the functioning of the Constituent Assembly
3.1 The Objectives Resolution
3.2 Committees appointed by the assembly
3.3 Appointment of the draft committee
3.4 Adoption of the Constitution

LEARNING OBJECTIVES

1. INTRODUCTION
White anglo-saxon farmers created the American Constitution. The French
Constitution was given to it by an oppressed proletariat after a bloody revolution. In

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Britain, its judges are still trying to figure out how exactly to make a constitution. But
India is different.
Our constitution was created by the finest, most emancipated minds of the time, and
thankfully, not directed by the confused Nehruvian social policy that guided
successive governments. Giants like B.R.Ambedkar, B.N. Rau, Sardar Patel,
K.M.Munshi and Alladi debated provisions to protect the basic freedoms of the new
nation, with particular care being taken of the historically underprivileged. In India,
that mean the harijans, the women and the bonded labourers. The twin ills that
plagued Indian Society- casteism and communalism- were sought to be uprooted,
while retaining protections for religious freedom and practice.
But, apart from freedoms and rights and values, the constitution was also very
detailed. Like the ancient Muslim artisans, the care taken by the Indian Assembly to
craft provisions on aspects as specific as escheat and jute subsidies go to show that
our founding fathers took their job very seriously. More familiar with comparative
law than corn harvesting, they decided to be detailed and specific in all facets
important to the rearing of a young nation. Like fond parents, they wanted to ensure
that not much was left to chance, and that their responsibility being an onerous one,
they had to discharge it to the fullest. Not for them to take refuge behind later
legislation, and hope that sans any benchmarks, the regulations laid down by
subsequent legislatures would work out.
Driven by a sense of nation, and motivated by the need to show its ability to retain its
unity after a difficult colonial age, it was important that the Constitution reflected the
ideals of the people of India.1
Dr . Sarvappali Radhakrishnan ,the first Speaker after the election of the permanent
Chairman of the Constituent Assembly, said in simple terms:
“A Constitution is the fundamental law of the nation. It should
embody and express the dreams and passions, the ideals and
aspirations of the people. It must be based on the consent of all,
and respect the rights of all people who belong to this great
land.”
A Constitution is not the act of the Government. In his classic Rights of Man, Thomas
Paine wrote:
“A Constitution is not the act of the government, but of a
people constituting a government and a government without a
constitution is power without right. A constitution is a thing
antecedent to a government; and a government is only the
creature of a constitution.”2
2. HISTORICAL BACKGROUND

1
Gopal Sankaranarayanan , “Preface to Seventh Edition”, The Constitution of India, Bare Act, Eastern
Book Company,2014
2
Samaraditya Pal, “India’s Constitution- Origins and Evolution” Volume 2, 2015, p lxxvii

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The framers of the Indian Constitution were not writing on a clean slate. They had
before them the working of the government under the Government of India Acts of
1919 and 1935. They were, while framing the constitution, also influenced by
geographical necessities, historical precedents and our cultural and social diversities.
It, therefore, would be in the fitness of things to study the constitutional development
and factors leading to the constitution formation in the country.3
The constituent assembly met for the first time on 9 December 1946 and its last
session ended on 24 January 1950. It was endowed with the enormous task of
preparing a constitution for free India. Freedom, however, came 8 months and 6 days
after the first meeting of the Assembly. The Indian Independence Act, 1947 was
enacted by the British Parliament and came into effect on 15 August 1947.

THE COMING OF THE BRITISH

The British came to India in 1600 as traders under the name of the East India
Company. After defeating the rivals the British became rulers in India. They followed
a policy of conquest, annexation and consolidation in India. Initially, they were busy
with trade and commerce only. But, after the death of Aurangzeb in 1707 the British
Company took some active interest in the Political matters in India. Their
imperialistic attitude to rule India became clear after the Battle of Plassey in 1757. In
this battle British defeated Siraj-Ud-Daulah, Nawab of Bengal. The Battle of Buxar
(1764) and the annexation of Punjab (1849) completed the task of British imperialism
in India.
3
Narender Kumar , “Constitutional Law of India”,2007, p 6

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Thus, by the middle of nineteenth Century most of India was controlled by the British,
either directly by the East India Company or through the system of treaties and
alliances with the Princely States. During this period certain measures of
constitutional reforms were introduced. During the reign of Warren Hastings, the
Regulating Act (1773) and Pitts India Act (1784) were passed.

Regulating Act (1773): The main provisions of this Act were-

i. The Governor of Bengal was made the Governor General. The first man to
be appointed to this post was Warren Hastings.
ii. For the assistance of the Governor General an executive Council of four
members was created.
iii. A Supreme Court was set up at Calcutta, with a Chief Justice and three
assistant judges.
iv. The number of the Directors of the Company was fixed at 24.

The Regulating Act initiated the process of centralization in India.

Pitts India Act (1784): This Act introduces many important changes in the
Constitutional history of India. The number of members of the Governor General’s
Council was reduced to three and the Commander-in-Chief was to be one of them. A
special court was established for better trial of the Company’s officials in England for
offences committed by them in India. By this Act, the real power in India passed from
the Directors of the Company to the British Parliament.

The Regulating Act of 1773 made a provision that the Charter of the Company would
be reviewed every 20 years. Therefore, from time to time, Acts of 1793, 1813, 1833
and 1853 reviewed the Charter Act of the Company and brought about some changes
here and there. The first Law Commission was established after the Charter Act of
1833.4

Government of India Act, 1858 :

After the 1857 Mutiny the British Parliament, for consolidation and ostensibly for
better governance, enacted the Government of India Act, 1858 whereby the Crown
assumed direct rule and its direct representative was given a new designation of
“Governor- General” or “Viceroy” functioning with a four member council.
Section 2 of the Act provided that India was to be governed in the name of Her
Majesty and section 7 of the Act provided that for the purposes of the Act, a council
shall be established to consist of fifteen members and to be styled the council of India.

4
“INTRODUCTION TO HISTORICAL BACKGROUND, MAKING OF THE INDIAN
CONSTITUTION AND SOURCES OF THE INDIAN CONSTITUTION”at
http://www.kkhsou.in/main/polscience/historical_background.html

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The result of the act was that the company’s exclusive powers were replaced by that
of the Crown.

Indian Council Acts of 1861 And 1892 :

The Indian Councils Act, 1861 for the first time, admitted Indians into the legislative
Council. This Act has been considered by an eminent historian “to have put the
representative principle into the Indian Constitution.” It came at a time when English
education was spreading and the educated class had the occasion to get acquainted
with the parliamentary system of Government and gave rise to the constitutional
movement for participatory democratic system which was soon to get added
momentum after the formation of the Indian National Congress in 1885.
The 1861 Act was amended by the Indian Councils Act 1892 which has been hailed
as a landmark in India’s Constitutional history. Section 1 of the 1892 act increased the
numbers in the Governor-General’s Legislative Council and also in Legislative
Councils of Bombay, Madras, Bengal, North-Western Provinces and Oudh
respectively. In his speech as then Under-Secretary of State of India in the house of
commons on the Indian Councils Bill, 1982, Curzon said :
“The object of this bill was to widen the basis and expand the
functions of the Government of India , to give further
opportunities than at present existed to the non-official and
native elements in Indian society to take part in the work of the
Government, and in that way to lend official recognition to that
remarkable development both in political interest and capacity
which had been visible among the higher classes of Indian
society since the government was taken over by the Crown in
1858. In form this bill was one to amend the Indian Councils
Act of 1861.”

Indian National Congress and the Constitution of India Bill, 1895:

In December , 1885 the Indian National Congress was founded. Allan Octavian
Hume, a retired English ICS Officer, is credited with the responsibility of its creation
and played a leading role in the modest gathering of political workers.
The Indian National Congress attracted persons from different walks of life, people of
different religious beliefs and people speaking different languages. It assumed the
character of a movement accommodating diverse political strategies aimed at
increasing association of Indians in the administration of the country.
The first non-official attempt at drafting a constitution was the constitution of India
Bill, 1895. The authorship of this draft is attributed to Bal Gangadhar Tilak. The
preface admitted that at that time the people of India were far from ready to exercise
the rights proposed in the Bill, but hoped that “under the benign Government of the
British” a future enjoyment of such rights could be of mutual advantage to Indians

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and the British Government. The bill was intended to be enacted by the British
Parliament. But that did not happen.5

The Indian Councils Act, 1909: (also known as Morley – Minto Reforms as Morley
was the then secretary of state for India and Minto was the then viceroy of India) Its
features are:
 Increase in number of members in legislative councils.
 Members of legislative councils were made to ask questions and resolutions
on budget.
 It provided a provision for Indians to join in executive councils. Satyendra
Prasad Sinha became first Indian to join the Viceroy’s executive Council. He
was appointed by law member.
 Introduction of communal representation. Minto is known as father of
communal electorate.
 By this act, Indian council acts came to an end.

The Government of India Act, 1919 : (also known as Montagu – Chelmsford

Reforms as Montague was secretary of state and Chelmsford was the Viceroy of India
at that time)
On August 20, 1917 the British Government declared for the first time that its
objective was the gradual introduction of responsible government in India. The
government of India Act of 1919 was thus enacted which came into force in 1921. Its
features are:
 Relaxation of central control over the provinces by demarcating and separating
the central and provincial subjects.
 It further divided the provincial subjects into two parts – transferred (Which
were administered by governor by the aid of ministers who were responsible
to legislative council) and reserved (which were to be administered by the
governor and his executive council without being responsible to the legislative
council).
 Introduction of diarchy, Bicameralism, direct elections and establishment of
central public service commission in 1926.
 Franchise was granted to a limited people on basis of property, tax and
education.
 Separation of central budget from provisional budget.
 Appointment of statutory commission.6

Commonwealth of India Bill, 1925:

5
Supra note 2 at Iv- Iviii
6
“Indian Constitution : Historical underpinnings and Evolution” at http://www.erewise.com/current-
affairs/indian-constitution-historical-underpinnings-and-
evolution_art5241d698f3e16.html#.V71Qw5h96M8

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By 1925 , national opinion was consolidated at a National Convention which drafted
the Commonwealth of India Bill. The draft with amendments was submitted to a sub-
committee appointed of the All Parties Conference held at Delhi in January 1925 and
presided over by Mahatma Gandhi. The finalized Bill was ultimately introduced in the
House of Commons in December, 1925 titled as “a Bill to constitute within the British
Empire a Commonwealth of India.” The Bill, which was sponsored by the Labour
party then in power in Britain, passed away with the defect of the Labour
Government. Apart from its federal scheme and self –government exercised from the
village upwards , the Bill conferred certain fundamental rights in clause 4 under the
heading “Declaration of Rights” as liberty of person and security of his dwelling and
property , freedom of conscience and the free profession and practice of religion, free
expression of opinion and the right of assembly peaceably and without arms and of
forming associations or unions, free elementary education, use of roads , public
places, courts of justice and the like, equality before the law irrespective of
considerations of nationality and equality of sexes.7

Nehru Report, 1928 :

All Parties Conference met in 1928 and appointed a subcommittee under the
chairmanship of Motilal Nehru to draft a constitution. This was the first major attempt
by the Indians to draft a constitutional framework for the country.
The committee included Tej Bahadur Sapru, Subhash Bose, M.S. Aney, Mangal
Singh, Ali Imam, Shuab Qureshi and G.R. Pradhan as its members. The report was
finalised by August 1928.
The recommendations of the Nehru Committee were unanimous except in one respect
—while the majority favoured the “dominion status” as the basis of the Constitution, a
section of it wanted “complete independence” as the basis, with the majority section
giving the latter section liberty of action.

Main Recommendations: The Nehru Report confined itself to British India, as it

envisaged the future link-up of British India with the princely states on a federal basis.
For the dominion it recommended:
1. Dominion status of self-governing dominions as the form of government desired by
Indians.
2. Rejection of separate electorates which had been the basis of constitutional reforms
so far; instead, a demand for joint electorates with reservation of seats for Muslims at
the centre and in provinces where they were in minority (and not in those where
Muslims were in majority, such as Punjab and Bengal) in proportion to the Muslim
population there with right to contest additional seats.
3. Nineteen fundamental rights including equal rights for women, right to form
unions, and universal adult suffrage.

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Supra note 2 at Ix-Ixi

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4. Responsible government at the centre and in provinces.8

Government of India Act 1935

The British Government published in March, 1933, a white paper, containing reforms
proposals. The white paper was submitted to a joint select committee of the British
Parliament. This committee submitted its report recommending some changes in the
proposals contained in the white paper. Based on this report the Government of India
Bill 1935 was introduced in Parliament in December, 1934. The Bill got the Royal
assent on august 4, 1935 and came to be known as the Government of India Act 1935.
This act dealt with (a)All India Federation; (b) Provincial Autonomy; (c) Dyarchy at
the Centre: and (d) a Federal court.
The Government of India Act, 1935 provided for the abolition of the system of
diarchy from the British Provinces. All the provincial subjects were transferred to the
Indian Ministers. The head of the provincial Government was to be the Governor,
who was required to carry on the government in accordance with the advice of the
Council of Ministers appointed by the Governor from amongst the members of the
Provincial legislative Assembly. The ministers were made collectively responsible to
the provincial assembly.
The act also provided for the division of the Federal Subjects into two, the Reserved
Side and the Transferred Side. The reserved side was to include defence , external
affairs, ecclesiastical matters and the administration of tribal areas. These matters
were to be administered by the Governor-General assisted by the executive councilors
not more than 3 in number. The transferred side, which included all the federal
subjects excluding the reserved matters, was to be administered by the Governor-
General with the aid and advice of the Council of Ministers.
The federal court set up under the Act was vested with three-fold jurisdiction :
original , (ii) appellate and (iii) advisory.9

Demand of Constituent Assembly

At the Swaraj Party Conference held on 3 May 1924, the White paper proposals were
rejected and for the first time a demand was raised for convening a Constituent
Assembly to frame an acceptable Constitution of India. This Conference claimed the
right of self-determination by the Indians and opined that “the only method of
applying the principle of self-determination” was to “convene a Constituent
Assembly, representative of all sections of the Indian People, to frame an acceptable
Constitution” and in June, 1934 the congress working committee raised a similar
demand. At the same time criticized the 1935 Act as wholly unsatisfactory and
expounded that the only way to prevent “untoward consequences” of communal
representation was to explore ways and means of arriving at “ an agreed solution and
8
Puja Mondal, “Nehru Report on Constitutional Framework for the Country” at
http://www.yourarticlelibrary.com/history/nehru-report-on-constitutional-framework-for-the-
country/23454/
9
Supra note 3 at 10-11

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not by any appeal on the essentially domestic question to the British Government or
any other outside authority.”
As expected, the 1935 Act which was based on the white paper failed to placate the
congress. The Congress declared that a constitution which curtails sovereignty of the
people of India cannot be accepted as it must be based on the Independence of India
as a Nation and it can only be framed by a Constituent assembly “elected on adult
franchise or a franchise which approximates to it as nearly as possible.”
At the National Convention of Congress legislators at Delhi on 19 and 20 March
1937, Jawaharlal Nehru, in his Presidential Address, declared that the Government of
India Act, 1935 must go, “lock, stock and barrel” and leave the field open for our
Constituent Assembly.
Mahatma Gandhi in an article in the “Harijan” dated 19 November 1939 said that the
Constituent Assembly is the only way out and was of the opinion that the success of
the experiment depended upon the intention of the British statesman to part with
power without engaging India in “a deadly unorganized rebellion”.10

Cripps Mission 1942

In March 1942, a mission headed by Stafford Cripps was sent to India. Stafford
Cripps made a proposals in the form of Draft Declaration on 30th March, 1942. In
that declaration India was promised Dominion Status with the power to secede from
the British Common wealth.
The constitution of Indian Dominion equal in every aspect with other Dominions to
be framed by an elected constitution making body set up was also promised by the
Declaration. Provision for participation of the States in this body was also made.
The constitution finally framed by this body would also be implemented by the
British Government but any province of British India would have the right to reject
the constitution so made and to retain its existing constitutional position or frame
another constitution by agreement with the British Government. The province had the
option to accede subsequently to the Indian Dominion if it so desired.
Cripps proposal also outlined the composition of the constitution making-body and
how it would be elected, adding that until the formation of the new constitution the
British Government would remain responsible for the defence of India.
The Cripps proposals were rejected by the Congress in its meeting 11th April, 1942.
The Working Committee reiterated the demand for freedom before the people could
participate in the defence of the country on a national basis. The Working Committee
expressed its disapproval of the proposed Composition of the Constitution making
body and the right of the rulers of the Indian States to decide the future of millions of
people living in these states. This was a “negation of both democracy and self
determination.” The proposals therefore were rejected by the Congress as Vague and
incomplete.11

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Supra note 2 at lxiv-ixv

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Cabinet Mission Plan 1946
The special mission of Cabinet Ministers, including Pathick Lawrence, the
Secretary of State for India, Sir Stafford Cripps, President of the Board of Trade,
and A.V, Alexander, First Lord of the Admiralty, landed in Karachi on March 23,
1945, mainly to explore the following objectives:-
(i) Whether Indians would like to associate with the Commonwealth or
would be completely independent; and
(ii) To find out means for the transfer of power to the Indian hands.
The announcement of the Mission created great hopes for solution of the
communal tangle and break of the constitutional deadlock, as a result it was
welcomed all over the country.12
The main provisions of the recommendation were:

(1) The whole of India including the Princely States should form a Federation.
(2) The Central Government should be in charge of foreign affairs, defence and
communication.
(3) The provinces and the states should enjoy all other powers.
(4) The British Indian Provinces and the territories should be divided into three
groups, the first group should contain Punjab, North-West Frontier Province, Sind and
Baluchistan. The second group should contain Bengal and Assam. The third group
should contain the rest of the Provinces.
These first two groups should contain the Muslim majority areas and the third group
the Hindu areas.
(5) A Constituent Assembly should be elected to frame a constitution for the Indian
Union.
(6) The three groups of Provinces should also possess their separate constitution.
(7) A Province should have the right to leave the Union in future if it so liked after
elections under its new constitutions.
(8) There should be an Interim National Government with leaders of the Indian parties
to take charge of the administration.

The Cabinet Mission thus upheld the unity of India and rejected the idea of
independent Pakistan. These provisions however provided much autonomy to the
Muslim Majority Provinces, to run their own affairs. It was thus a compromise
formula between Indian unity and the interests of Muslim majority areas.

The Congress President felt delighted that the Cabinet Mission rejected the partition
proposal. But the Congress as a whole was unhappy on the formation of a Weak
11
“Cripps Mission (March 1942) in India and Why did it” at
Failhttp://www.historydiscussion.net/british-india/cripps-mission-march-1942-in-india-and-
why-did-it-fail/2603
12
“CABINET MISSION PLAN AND INTERIM GCVEHNMENT (1946)”, at
http://shodhganga.inflibnet.ac.in/bitstream/10603/51922/14/14_chapter%207.pdf

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Central Government. Moreover the right of the province to leave the union in future
was considered a dangerous proposal. The Muslim League while accepting the plan
reasserted its goal of sovereign Pakistan and urged on the Viceroy to proceed with the
plan of an Interim Government.13

The Indian Independence Act, 1947

The important provisions of the act, were as follows-
1. Two independent Dominions, India and Pakistan, shall be set up on 15
August, 1947.
2. Each if the Dominions would be headed by a Governor-General to be
appointed by His Majesty on the recommendations of the government of each
of the Dominions. The same person may be the Governor- General of both the
Dominions.
3. The territories comprising Sind, NWFP, Baluchistan, West Punjab would
constitute West Pakistan and the territories of Syllhat district and East Bengal
would constitute East Pakistan. The exact boundaries of the two Dominions
were to be determined by a boundary commission.
4. The constituent assembly of each dominion shall act as provisional central
legislature having full power to make laws for its dominion.
5. The jurisdiction of the British Parliament over India would cease on 15
August, 1947.
6. The responsibility of the British Government for the government of India
would come to an end on 15 August 1947.
7. The governor-general was to exercise full powers and authority for bringing
the Indian Independence Act into operation.
8. Pending the framing of a new constitution, each of the Dominions was to be
governed in accordance with the Government of India Act, 1935 with such
modification as the appropriate authority would like to make.
9. The existing terms and conditions of service of the members of the services
shall continue until changed by the appropriate authority.
10. The British Paramountcy over the Princely states would lapse on 15 August
1947 and each state would be free to join either Dominion or to declare itself
independent.14
3. DIFFERENT STAGES IN THE FUNCTIONING OF THE ASSEMBLY
The constituent assembly, faced with the enormous responsibility of framing a
Constitution for independent India, adopted a systematic step by step method. Before
the Assembly was officially summoned on 20 November 1946, the congress working
committee appointed a committee of experts in order to prepare proposals for the

13
“Provisions of the Cabinet Mission Plan during Quit India Movement” at
http://www.historydiscussion.net/history-of-india/provisions-of-the-cabinet-mission-plan-
during-quit-india-movement/2613
14
Supra note 3 at 14

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assembly. The committee laid down certain rules regarding the functioning of the
assembly. The committee decided first to draft a resolution on the Objectives, which
would be the guiding light for the Constitution to be framed.

The Objective Resolution

The Constituent Assembly met for the first time in New Delhi on 9 December, 1946
in the Constitution Hall which is now known as the Central Hall of Parliament House.
On 13 December, 1946, Pandit Jawaharlal Nehru moved the Objectives Resolution,
which depicted the broad features of the Constitution to be framed and the aims and
aspirations which would find place in the Constitution. The Resolution is :

1.This Constituent Assembly declares its firm and solemn resolve to proclaim India as
an Independent Soverign Republic and to draw up for her future governance a
Constitution;
2.WHEREIN the territories that now comprise British India, the territories that now
form the Indian States, and such other parts of India as are outside British India and
the States as well as such other territories as are willing to be constituted into the
Independent Soverign India, shall be a Union of them all; and
3.WHEREIN the said territories, whether with their present boundaries or with such
others as may be determined by the Constituent Assembly and thereafter according to
the law of the Constitution, shall possess and retain the status of autonomous Units,
together with residuary powers and exercise all powers and functions of government
and administration, save and except such powers and functions as are vested in or
assigned to the Union, or as are inherent or implied in the Union or resulting
therefrom; and
4.WHEREIN all power and authority of the Soverign Independent India, its
constituent parts and organs of government, are derived from the people; and
5.WHEREIN shall be guaranteed and secured to all the people of India justice, social
economic and political : equality of status, of opportunity, and before the law;
freedom of thought, expression, belief, faith, worship, vocation, association and
action, subject to law and public morality; and
6.WHEREIN adequate safeguards shall be provided for minorities, backward and
tribal areas, and depressed and other backward classes; and
7.WHEREBY shall be maintained the integrity of the territory of the Republic and its
soverign rights on land, sea, and air according to justice and the law of civilized
nations; and
8. This ancient land attains its rightful and honoured placed in the world and make its
full and willing contribution to the promotion of world peace and the welfare of
mankind.

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This Resolution was unanimously adopted by the Constituent Assembly on 22
January 1947.15

Committees appointed by the assembly

Once the aims and objects of the assembly in drafting the Constitution were decided
on, various committees were appointed. In fact, the formation of the committees had
started while the Objectives Resolution was still being debated.16

IMPORTANT COMMITTEES OF
THE CONSTITUENT ASSEMBLY AND THEIR CHAIRMEN

-------------------------------------------------------------
Name of the Committee Chairman
-------------------------------------------------------------
Committee on the Rules of Rajendra Prasad
Procedure

Steering Committee Rajendra Prasad

Finance and Staff Committee Rajendra Prasad

Credential Committee Alladi Krishnaswami Ayyar

House Committee B. Pattabhi Sitaramayya

Order of Business Committee K.M. Munsi

Ad hoc Committee on the Rajendra Prasad

National Flag

Committee on the Functions of G.V. Mavalankar

the Constituent Assembly

States Committee Jawaharlal Nehru

Advisory Committee on Vallabhbhai Patel

Fundamental Rights, Minorities
and Tribal and Excluded Areas

Minorities Sub-Committee H.C. Mookherjee

Fundamental Rights J.B. Kripalani

Sub-Committee

North-East Frontier Tribal Areas Gopinath Bardoloi

and Assam Exluded & Partially
Excluded Areas Sub-Committee

Excluded and Partially Excluded A.V. Thakkar

Areas (Other than those in Assam)
Sub-Committee

Union Powers Committee Jawaharlal Nehru

15
“First day in the Constituent assembly” at http://parliamentofindia.nic.in/ls/debates/facts.htm
16
Supra note 2 at xci

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Union Constitution Committee Jawaharlal Nehru

Drafting Committee B.R. Ambedkar17

Appointment of the Drafting Committee

The formation of a committee to scrutinize the draft of the Constitution had been
recommended by the order of Business Committee in its second report in July 1947.
Accordingly, on 29 August 1947, Satyanarayan Sinha moved a resolution to appoint a
7 member committee to scrutinize and to suggest necessary amendments to the Draft
Constitution prepared by the Constitutional advisor on the basis of the decisions taken
in the assembly.
Dr. B.R.Ambedkar was appointed the chairman of the Drafting Committee. From 27
October 1947, the committee started functioning.

Adoption of Constitution
The draft Constitution was introduced in the assembly during its seventh session on 4
November 1948 by Dr. Ambedkar. The motion moved by him to take the Draft
Constitution into consideration was adopted on 9 November 1948. Thereafter, the
assembly embarked on a clause by clause consideration of the entire draft
constitution. Amendments were moved, adopted, rejected or withdrawn. The
preamble was the last to be considered on 17 October 1949. Thereafter, the assembly
was adjourned till November.
The draft constitution, as it stood after the debates was referred back to the Drafting
committee for further scrutiny and necessary changes, formal, consequential and
grammatical etc. The revised Draft Constitution was submitted by the Drafting
Committee to the President of the Assembly on 3 November 1949 and was introduced
in the Assembly on 14 November 1949.
After the conclusion of the debates on the revised draft constitution, the assembly
undertook a third reading of the Draft Constitution on 17 November 1949. The motion
moved by Dr. Ambedkar was “that the constitution as settled by the Assembly be
passed”. The third reading ended on 26 November 1949 and the constitution as settled
by the assembly was adopted. The constitution of India came into force on 26 January
1950.18

Key timelines in the 1948 constitutional process

17
http://parliamentofindia.nic.in/ls/debates/facts.htm
18
Supra note 2 at xciii- xciv

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