Making of Constitution of India

26th November, 1949, is one of the crucial dates in the Indian History, which has laid down the
founding stone of the Independent India. No doubt, India had gained its freedom from the British
Raj in the year 1947 but it was on this day when India adopted its Constitution and finally stood
on its own feet to walk and thereby run. This day is celebrated as Constitution Day or National
Law Day in India. This famous quote of Dr. Babasaheb Ambedkar summaries the reason of all
our battle of independence:
Our is a battle; Not for wealth, nor for power, Ours is battle ; for freedom ; For reclamation of
human personality.

Historical Background
As we all know India was ruled by the British for almost 200 years and the first outburst for
freedom was the Revolt of 1857 also called as the Indian Mutiny or the Sepoy Mutiny which
began on 10thMay, 1857 at Meerut and continued until December 1858. After this revolt, it was
certain that India will achieve its freedom and after freedom India needed a government. And for
the effective functioning of a government certain set of principles and rules & regulations were
required to be framed, hence India needed a Constitution[1].

In 1934, an idea for a Constituent Assembly was proposed by Manabendra Nath Roy[2]. It
became an official demand of the Indian National Congress in 1935, C. Rajagopalachari voiced
the demand for a Constituent Assembly on 15thNovember, 1939 based on adult franchise, and
was accepted by the British in August 1940. On 8thAugust, 1940 early in the Battle of Britain,
the Viceroy of India, Lord Linlithgow, made the so-called “August Offer”, a fresh proposal
promising the expansion of the Executive Council to include more Indians, the establishment of
an advisory war council, giving full weight to minority opinion, and the recognition of Indians’
right to frame their own constitution (after the end of the war). In return, it was hoped that all
parties and communities in India would cooperate in Britain's war effort. The Congress did not
trust the intentions of the British government. Consequently, Linlithgow recorded that the British
government “could not contemplate the transfer of their present responsibilities for the peace and
tranquillity of India to any system of Government whose authority is directly denied by large and
power elements in the India’s national life.” Therefore, Linlithgow stated that the constitutional
future of India could be resolved in the future once the war was over by establishing a
constituent assembly that was representative of the principal elements in India’s national life.
The Congress Working Committee meeting at Wardha on 21stAugust, 1940 eventually rejected
the offer.

The Cripps Mission was a failed attempt in late March 1942 by the British Government to secure
full Indian cooperation and support for their efforts in World War II. The mission was headed by
a senior minister Sir Stafford Cripps, Lord Privy Seal and leader of the House of Commons.
Cripps was sent to negotiate an agreement with the nationalist Congress leaders, who spoke for
the majority Indians, and Muhammad Ali Jinnah and the Muslim League, who spoke for the
minority Muslim population. Cripps worked to keep India loyal to the British war effort in
exchange for a promise of elections and full self-government (Dominion Status) once the war
was over. Cripps discussed the proposals, which he had drafted himself, with the Indian leaders
and published them. Both the major parties rejected his proposals, and they were also
unacceptable to Churchill; no middle way was found and the mission failed.

In 1946, the Cabinet Mission Plan came to India with an aim to discuss the transfer of power
from the British Government to the Indian leadership, with the aim of preserving India's unity
and granting it independence. The Cabinet Mission’s role was to hold preparatory discussions
with the elected representatives of British India and the Indian states so as to secure agreement to
the method of framing the constitution, to set up a constitution body and to set up an Executive
Council with the support of the main Indian parties. Thus, it was under this Plan, India formed its
Constituent Assembly.

Drafting of the Constitution

India under the British Raj consisted of two types of territories, that is, British India and Princely
States[3].TheConstituent Assembly was formed on the basis of the population, for every 10 lakh
people there was one representative. So there were 389 representatives who were called from
entire India to form theConstituent Assembly, 296 representatives from the British India and
93representativesfrom Princely States. The Princely States denied participation in the
Constituent Assembly as they were in the hopes that they would create their own independent
states and rule them after the British left India. Hence the Constituent Assembly was formed with
the 296 representatives from the British India. The Constituent Assembly was not elected on the
basis of universal adult suffrage, and Muslims and Sikhs received special representation as
minorities. These 296 representatives also included women members viz., Sarojini Naidu, Hansa
Mehta, Durgabai Deshmukh, Rajkumari Amrit KaurandVijayalakshmi Pandit.Dr. B.R.
Ambedkar, Sanjay Phakey, Jawaharlal Nehru, C. Rajagopalachari, Dr. Rajendra Prasad, Sardar
Vallabhbhai Patel, Purushottam Mavalankar, Sandip kumar Patel, Maulana Abul Kalam Azad,
Shyama Prasad Mukherjee, Nalini Ranjan Ghosh, Balwantrai Mehta H. P. Modi, Ari Bahadur
Gururng and Frank Anthony were some important figures in the Constituent Assembly.
Prominent jurists like Alladi Krishnaswamy Iyer, Benegal Narsing Rauand K. M. Munshiand
Ganesh Mavlankar were also members of the Assembly.

The members of the Constituent Assembly met for the first time on 9thDecember, 1946. The first
temporary two day president of the Constituent Assembly wasDr. Sachchidananda Sinha[4]. The
second meeting of the Constituent Assembly was on 11thDecember, 1946 whereinDr. Rajendra
Prasad[5]was elected as the president,Harendra Coomar Mookerjee[6]as the vice-president
andBenegal Narsing Rao[7]as the constitutional advisor of the Constituent Assembly. In the third
meeting, that is, on 13thDecember, 1946 Jawaharlal Nehru presented an ‘Objective Resolution’
in the Constituent Assembly, laying down the underlying principles of the constitution. In the
next meeting, that is, on 22ndJanuary, 1947 the said Resolution was unanimously adopted by the
Constituent Assembly[8]and it finally became the Preamble of the Constitution.

The Constituent Assembly appointed a total of 13 committees to deal with different tasks of
constitution-making. Out of these, eight were major committees and the others were minor
committees.
Major Committees:
1.Drafting Committee – Dr. B.R. Ambedkar
2.Union Powers Committee – Jawaharlal Nehru
3.Union Constitution Committee – Jawaharlal Nehru
4.Provincial Constitution Committee – Sardar Vallabhbhai Patel
5.Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas –
Sardar Vallabhbhai Patel.
This committee had the following subcommittees :
1.Fundamental Rights Sub-Committee - J.B. Kripalani
2.Minorities Sub-Committee - Harendra Coomar Mookerjee,
3.North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-
Committee – Gopinath Bardoloi
4.Excluded and Partially Excluded Areas (Other than those in Assam) Sub-Committee – A V
Thakkar
6. Rules of Procedure Committee- Dr. Rajendra Prasad
7. States Committee (Committee for Negotiating with States) – Jawaharlal Nehru.
8. Steering Committee - Dr. Rajendra Prasad

The Assembly met in sessions open to the public, for 166 days, spread over a period of 2 years,
11 months and 18 days before adopting the Constitution. In the last meeting of the Assembly,
that is, on 24thJanuary, 1950 the members of the Assembly signed two copies of the document
(one each in Hindi and English) and also“Jana Gana Mana”was adopted as the national anthem
and the first two verses of“ Vande Mataram” as the national song. The original Constitution of
India is hand-written with beautiful calligraphy, each page beautified and decorated by artists
from Shantiniketan including Beohar Rammanohar Sinhaand Nandalal Bose. Two days later, on
26th January, 1950, the Constitution of India became the law of all the States and territories of
India[9].Rupees One Crore was official estimate of expenditure on constituent assembly.

Most Indians recognise 26thJanuary as Republic Day, but not many are aware that on
26thJanuary 1930, that is, exactly 20 years before India became a republic. The Indian National
Congress in an electrifying resolution declared Purna Swaraj - complete freedom from the
British Raj. From then on, it was a question of ‘When’ — not ‘If’ —India would become free.

The Congress appointed its own commission, led by Motilal Nehru, to propose constitutional
reforms for the country. In 1928, the ‘Nehru Report’ called for self-government for India under
dominion status of the British Empire. However, a younger generation of Congress leaders such
as Motilal’s son Jawaharlal Nehru and Subhas Chandra Bose felt the demand for dominion status
was asking for too little. Eventually in its December 1928 session in Calcutta the Congress
passed a resolution calling for the British to grant dominion status to India within one year,
failure to do so would lead to a Congress call for complete independence. With no concessions
forthcoming from the government, the stage was set in December 1929 for the Congress to pass
a historic resolution at its Lahore session at the banks of river Ravi.

The “Indian Declaration of Independence” of 26thDecember, 1929 boldly stated:" We believe

that it is the inalienable right of the Indian people, as of any other people, to have freedom and to
enjoy the fruits of their toil and have the necessities of life, so that they may have full
opportunities of growth. We believe also that if any government deprives people of these rights
and oppresses them; the people have a further right to alter it or to abolish it. The British
Government in India has not only deprived the Indian people of their freedom but has based
itself on the exploitation of the masses, and has ruined India economically, politically, culturally,
and spiritually. We believe, therefore, that India must sever the British connection and attain
Purna Swaraj, or complete independence.”

The Congress declared 26thJanuary, 1930 as ‘Independence Day’, when the Declaration of
Independence was officially promulgated. India got independence from British rule in 1947, but
was not a republic till 1950, until when the constitution of the country was adopted and the
country was declared a Republic. The country was separated and was recognized as a separate
country but it still followed British constitution and acknowledged British Monarch as its head. It
was only when India adopted its newly written constitution on 26thJanuary, 1950 that India
became a Republic.The new Indian Constitution took effect on 26thJanuary, 1950 to mark the
1930 declaration. That is why 26thJanuary is a special day in India’s history in more ways than
one.

The Constitution of India is the supreme law of India. It is a living document, the permanent
instrument which makes the government system work.[10]It lays down the framework defining
fundamental political principles, establishes the structure, procedures, powers and duties of
government institutions and sets out fundamental rights, directive principles and the duties of
citizens. It is the longest written constitution of any sovereign country in the world.[11]At the
time of commencement, the constitution had 395 articles in 22 parts and 8 schedules and consists
of almost 80,000 words.

Conclusion
The unambiguous commitment to a democratic, secular, egalitarian and civil libertarian society
by the framers of the constitution is a clear indication of the foresight of the learned makers of
the constitution and their commitment for the welfare of all but not of the few.
Last but not the least, I am again mentioning the quote of Dr. Babasaheb Ambedkar, which he
had made in the concluding remarks of his speech in 1948:[12]

I feel that the constitution is workable, it is flexible and it is strong enough to hold the country
together bothin peacetime and in wartime. Indeed, if I may say so, if things go wrong under the
new Constitution, the reason will not be that we had abad Constitution. What we will have to say
is thatMan was vile.

End-Notes
[1] A constitution means a document having special legal sanctity which sets out the frame work
and the principal functions of the organs of the Government of the State and declares the
principles governing the operation of those organs.
[2]Born as Narendra Nath Bhattacharya, an Indian revolutionary, radical activist, political
theorist and a noted philosopher of 20thCentury. Founder of the Mexican Communist Partyand
theCommunist Partyof India.
[3] Avassal stateunder a local or regional ruler in a subsidiary alliancewith the British Raj.
[4] An Indian Lawyer, parliamentarian and journalist.
[5] 1stPresident of Independent India. His birth anniversary is celebrated as Advocates’ Day in
India.
[6]An educationalist and prominent Christian leader of Bengal. First Governor of Bengal after
independence.
[7]An Indian civil servant, jurist, diplomat and statesman. India’s representative to the United
Nations Security Council from 1950 to 1952. Judge of the Bengal High Court in 1939.Judge of
the Permanent Court of International Justice from February 1952 until his death.
[8]The Constituent Assembly Debates (Proceedings) ; (9th December, 1946 to 24th January
1950).
[9] Original un-amended Constitution of India, January, 1950.
[10]Preface, The Constitution of India.
[11]Pylee, M.V. (1997).India's Constitution, S. Chand & Co., p.3, ISBN 81-219-0403-X.
[12]Dhananjay Keer,Dr. Ambedkar : Life and Mission, Bombay: Popular Prakashan, 1971
[1954], p.410

Making of the Constitution

The concept of a Constituent Assembly drafting a country's constitution was foreign to British
imperial practice. The Indian National Congress first demanded it in 1934. The Muslim
League was opposed to it because it suspected that the constituent Assembly elected by adult
franchise would be dominated by the Congress, which the League saw as a Hindu party.

Although the Indian Constitution was the result of the Constituent Assembly's deliberations
(from December 9, 1947, to November 26, 1949), some of its features had evolved over three-
quarters of a century through various Acts, i.e., from 1858 to 1935.

Table of Contents

1. Indian Evolution Constitution

2. Indian Constitution
3. Farming Indian Constitution
4. Objective of Constitution
5. Enactment And Adoption
6. Conclusion
7. FAQs
8. MCQs

Indian Constitution

Evolution of Indian Constitution

 M.N. Roy, a communist movement pioneer in India, proposed the idea of a Constituent
Assembly for India for the first time in 1934.
 For the first time in 1935, the Indian National Congress (INC) demanded a Constituent
Assembly to draft the Indian Constitution.
 On behalf of the INC, Jawaharlal Nehru declared in 1938 that " the Constitution of free
India must be framed, without outside interference, by a Constituent Assembly elected
on the basis of adult franchise."
 The British Government finally agreed to accept the demand in principle in what became
known as the 'August Offer' of 1940.
 Sir Stafford Cripps, a Cabinet Member, visited India in 1942 with a draft proposal from
the British Government for the creation of an independent constitution to be adopted
after World War II.
 The Muslim League, which wanted India divided into two autonomous states with
separate Constituent Assemblies, rejected the Cripps Proposals.
  In the end, a Cabinet Mission was dispatched to India.
 While it rejected the idea of two Constituent Assemblies, it proposed a scheme for the
Constituent Assembly that was most acceptable to the Muslim League.

Process
Process of Making of Indian Constitution

 The creation of the Indian Constitution was largely divided into two phases: 1858 to 1935
and 1946 to 1949.
 The British government introduced various elements of governance with the transfer of
power from the East India Company to the British Crown via various Acts.
 These also included elements of Indian representation in governance institutions.
 The British introduced them to serve their colonial interests rather than to provide them
with democratic rights.
 The Indian National Movement leaders were opposed to the provision for communal
representation introduced through the Morley-Minto Reforms in 1909 and
the Communal Award in 1932.
 Gandhi's fast resulted in the Poona Pact, which abolished the separate electorate and
granted reservation to the poor in the provincial legislature.
 Following the Indian National Congress's emphasis on the need for a Constitution of
India to be drafted by their own Constituent Assembly, the British reluctantly recognized
the urgency of establishing the Constituent Assembly of India for Indians.
o It was also due to the changed political situation in Britain following the Second
World War and a change of government.
 The Constituent Assembly, which was formed in response to the Cabinet Mission Plan's
recommendations, was elected by the provincial assemblies using the restricted adult
franchise.
 Despite being elected by the most privileged members of society; the Constituent
Assembly represented a wide range of opinions and ideologies. It also represented
various social groups in India.
 Before making a decision on any issue, the Constituent Assembly thoroughly debated it.
 The decisions and recommendations of the Constituent Assembly's various sub-
committees were eventually incorporated into the Indian Constitution.
 The Indian Constitution is a document that lays out a vision for social change.
 The Constitution embodies liberal democracy and secularism principles, as well as some
elements of social democracy.
 It ensures the protection of individuals' and communities' cultural, linguistic, and religious
rights.

Farming
Framing of Indian Constitution

 The Indian Constitution was drafted by a constituent Assembly established under the
Cabinet Mission Plan of 1946.
 The Assembly was made up of 389 members who represented provinces (292), states
(93) and the Chief Commissioner Provinces (3), as well as Baluchistan (1)
 On December 9, 1946, the Assembly held its first meeting and elected Dr.
Sachhidanand Sinha, the Assembly's oldest member, as Provisional President.
  On December 11, 1946, the Assembly elected Dr. Rajendra Prasad as its permanent
Chairman.
 Following the withdrawal of Muslim League members following the country's partition,
the Assembly's strength was reduced to 299 (229 representing provinces and 70
representing states).
 The Constituent Assembly established 13 committees to frame the constitution.
 Based on the reports of the committees, a draught constitution was prepared by a
seven-member Drafting Committee chaired by Dr. B.R. Ambedkar based on the reports
of these committees.
 The draft constitution was published in January 1948, and the public had eight months to
discuss it and propose amendments.
 After the draft was discussed by the people, the press, the provincial assemblies, and
the constituent Assembly, the same was finally adopted on November 26, 1949, and
was signed by the President of the Assembly.
 India's constitution was not an original document but had borrowed good features from
other constitutions.
 While adopting these features, the framers of the constitution made necessary
modifications for its suitability to Indian conditions and avoided their flaws.
 The constitutions of the United Kingdom, the United States, Ireland, and Canada, among
others, had a significant impact on the Indian Constitution.

Objective
Objectives of the Constitution
The objectives of the constitution were outlined in the Objective Resolution, which was
proposed by Jawaharlal Nehru and adopted by the Constituent Assembly on January
22, 1947. The resolution's main principles were as follows:

 Resolve to proclaim India as an independent sovereign republic.

 To create a democratic Union with equal self-government for all constituent parts.
 The people give the union government and the governments of the constituent parts all
of their power and authority.
 To guarantee and secure to all Indians. Justice, Social, economic, and political.
o Equality of status, opportunity, and equality before the law
o Freedom of thought, expression, belief, faith, worship, vocation association, and
action.
 Adequate safeguards for minorities from backward and tribal areas, as well as the poor
and other disadvantaged groups.
 To uphold the Republic's territorial integrity and sovereign rights on land, sea, and air in
accordance with the justice and law of civilized nations.
 To ensure India's rightful and honored place in the world.
 To contribute to the advancement of world peace and the well-being of humanity.

Adoption
Enactment and Adoption of the Indian Constitution

 The Indian Constitution was adopted on November 26, 1949, which means it was
finalized by the Constituent Assembly on that date.
 However, it went into effect two months after its adoption, on January 26, 1950, also
known as the date of its "commencement."
  However, some of its provisions, such as those relating to citizenship, elections, a
provisional Parliament, and temporary and transitional provisions, went into effect on
November 26, 1949.
 The reason for starting it two months after it was adopted was to commemorate January
26 as the original date of independence.
 It was on this day, January 26, 1930, that the Indian National Congress (INC) declared
India's Independence Day for the first time.
 It is important to note that the Indian Constitution is the result of a lengthy process and
deliberations.

Conclusion
Conclusion
The Constitution we have today is not the result of some haphazard, episodic efforts by
a few individuals. It was, in fact, drafted and created by a body of learned people from
various walks of life who specially assembled and convened for the explicit purpose of
formulating a free India.

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