Drafting of the Indian Constitution

The drafting of the Indian Constitution represents one of the most remarkable achievements in the history of modern governance. It laid the foundation of the Republic of India, embodying the principles of democracy, justice, equality, liberty, and fraternity. The process was carried out with extraordinary vision and deliberation by the Constituent Assembly of India (1946–1950), which was tasked with framing a constitution that would unify the country and reflect the aspirations of its people after centuries of colonial rule.

Historical Background

The demand for a written constitution in India dates back to the early 20th century when leaders of the Indian National Congress and other nationalists began to press for self-government and constitutional reforms. The key developments leading to the formation of the Constituent Assembly were:

1. Government of India Act, 1935: Provided a framework for limited self-governance and federal principles, which later influenced the structure of the Indian Constitution.
2. ‘August Offer’ (1940): The British government acknowledged the right of Indians to frame their own constitution after the war.
3. Cripps Mission (1942): Proposed the creation of an elected body to draft a new constitution, though it was rejected by Indian leaders at the time.
4. Cabinet Mission Plan (1946): This plan finally paved the way for the establishment of a Constituent Assembly elected indirectly by the members of the Provincial Legislative Assemblies.

Formation of the Constituent Assembly

The Constituent Assembly of India was formed in November 1946 under the Cabinet Mission Plan.

• Total Membership: 389 (later reduced to 299 after the partition of India in 1947).
• Composition:
  • 292 members elected from British Indian provinces.
  • 93 members from princely states.
  • 4 members from chief commissioners’ provinces.

The elections were held indirectly by the provincial assemblies using the proportional representation system by means of a single transferable vote.
First Meeting: 9 December 1946, at the Constitution Hall (now the Central Hall of Parliament, New Delhi).
Chairman of the Constituent Assembly: Dr Rajendra Prasad was elected on 11 December 1946.
Vice-Chairmen: H. C. Mukherjee and V. T. Krishnamachari.
Temporary Chairman: Dr Sachchidananda Sinha presided over the first meeting until a permanent chairman was chosen.
Constitution Adviser: Sir B. N. Rau, a distinguished civil servant, provided expert advice and prepared the initial draft of the Constitution.

Drafting Committee

The most crucial responsibility of preparing the actual draft of the Constitution was assigned to the Drafting Committee, which was constituted on 29 August 1947.

Members of the Drafting Committee

1. Dr B. R. Ambedkar – Chairman
2. N. Gopalaswami Ayyangar
3. Alladi Krishnaswami Ayyar
4. K. M. Munshi
5. Mohammad Saadullah
6. B. L. Mitter (later replaced by N. Madhava Rau)
7. D. P. Khaitan (passed away during drafting, not replaced)

The Drafting Committee examined the reports submitted by various other committees of the Constituent Assembly and converted them into a comprehensive legal and constitutional document.

Committees of the Constituent Assembly

To ensure specialised and systematic work, the Assembly appointed several committees, broadly classified into major and minor committees.

Major Committees

1. Union Powers Committee – Jawaharlal Nehru
2. Union Constitution Committee – Jawaharlal Nehru
3. Provincial Constitution Committee – Sardar Vallabhbhai Patel
4. Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas – Sardar Vallabhbhai Patel
5. Rules of Procedure Committee – Rajendra Prasad
6. States Committee (Negotiating with Princely States) – Jawaharlal Nehru
7. Steering Committee – Rajendra Prasad

Minor Committees

Included committees such as the Finance and Staff Committee, Credentials Committee, House Committee, and Order of Business Committee, among others.
Each committee submitted reports and recommendations that were debated, modified, and finally integrated into the Constitution by the Drafting Committee.

Stages of Drafting

The drafting process unfolded in three main stages:

1. Initial Drafting (1947–1948):

• Based on the reports of the various committees, Sir B. N. Rau prepared the first draft of the Constitution in October 1947.
• The Drafting Committee, under Dr Ambedkar, revised and restructured this draft extensively.

2. First Draft of the Constitution (February 1948):

• The Drafting Committee submitted the first official draft to the Constituent Assembly on 21 February 1948.
• It was circulated among the members of the Assembly and provincial governments for feedback and suggestions.

3. Second Draft and Final Adoption (1948–1949):

• After receiving comments, the committee prepared a revised second draft in October 1948.
• The final draft was presented to the Constituent Assembly on 4 November 1948, initiating detailed debates and discussions clause by clause.
• The debates continued for 114 days spread over nearly three years.

Adoption of the Constitution

After extensive deliberations and amendments, the final draft of the Constitution was adopted on 26 November 1949, which is now celebrated as Constitution Day or Samvidhan Diwas.

• It contained 395 Articles and 8 Schedules (later expanded to 12).
• It came into full force on 26 January 1950, chosen to commemorate the anniversary of the Purna Swaraj Declaration (1930).
• On this day, Dr Rajendra Prasad became the first President of India, marking the beginning of the Republic of India.

Role of Dr B. R. Ambedkar

Dr Bhimrao Ramji Ambedkar, as Chairman of the Drafting Committee, played an extraordinary role in shaping the Indian Constitution.
His contributions include:

• Integrating democratic, federal, and social justice principles into a coherent framework.
• Ensuring fundamental rights and equality before law for all citizens.
• Balancing the powers between the Centre and the States through a strong federal structure.
• Establishing an independent judiciary to uphold the rule of law.
• Advocating social and economic reforms through the Directive Principles of State Policy.

Ambedkar’s leadership earned him the title of the “Chief Architect of the Indian Constitution.”

Philosophical Foundations of the Constitution

The Indian Constitution draws upon a rich blend of indigenous ideas and international influences.

• Sources of Inspiration: The Constitutions of the USA (fundamental rights, judicial review), UK (parliamentary system, rule of law), Canada (federal structure), Ireland (Directive Principles), France (liberty, equality, fraternity), and others.
• Indian Traditions: Ideals of justice, tolerance, and pluralism from Indian philosophy and the national freedom movement.

The Preamble encapsulates the guiding philosophy of the Constitution — to secure Justice, Liberty, Equality, and Fraternity for all citizens and to constitute India as a Sovereign, Socialist, Secular, Democratic Republic.

Time and Cost of Drafting

• Time Taken: 2 years, 11 months, and 18 days.
• Total Expenditure: Approximately ₹6.3 million (₹63 lakh).

Significance of the Constitution-Making Process

1. Democratic Deliberation: Every provision was debated in detail, ensuring wide participation and consensus.
2. Inclusive Representation: Members represented all communities, regions, and political perspectives of India.
3. Blend of Flexibility and Rigidity: The Constitution was designed to be adaptable to changing needs while maintaining stability.
4. Foundation of a Modern Republic: It provided the institutional framework for a democratic, federal, and welfare-oriented state.