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Making of the Indian Constitution - History, Constituent Assembly, Challenges, UPSC Notes

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The Indian Constitution, the supreme law of India, was meticulously drafted by the Constituent Assembly between December 1946 and January 1950. The process officially began in December 1946 and lasted for 2 years, 11 months, and 17 days. It was adopted on November 26, 1949, and signed by the members on January 24, 1950. Dr. B.R. Ambedkar, as Chairman of the Drafting Committee, played a key role in shaping this codified document. 

The Constitution faced numerous challenges during its making, including ideological differences, linguistic diversity, and the integration of princely states. Despite the complexities, it emerged as a comprehensive framework with 395 articles and 8 schedules, balancing rigidity and flexibility, and laying the foundation of India's democratic governance.

The Making of the Indian Constitution Notes is an important topic in the UPSC CSE. Candidates are requested to thoroughly go through the UPSC Prelims Syllabus & UPSC Mains Syllabus to know more about the exam.

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Making of the Indian constitution

The British ruled India for over 200 years. In 1928, a committee was formed to draft a constitution for India. The committee's report, known as the Nehru Report, was published in 1929. After World War II, the British government granted India independence in 1947. The Constituent Assembly of India was elected in 1946. Its task was to draft a constitution for the newly independent country. The Constitution of India was adopted on November 26, 1949, and it came into effect on January 26, 1950.

The framing of the Indian Constitution was a long and complex process. It was a time of great political and social change in India. The framers of the Constitution had to balance the competing demands of different groups and interests. They also had to take into account the country's unique history and culture. The result was a Constitution that is considered to be one of the most progressive and democratic constitutions in the world.

Making of the Indian Constitution – UPSC Quick Facts

Aspect

Details

What is it?

The supreme law of India, meticulously drafted by the Constituent Assembly.

Timeframe

December 1946 – November 1949

Adoption Date

26 November 1949

Enforcement Date

26 January 1950 (Republic Day)

Constituent Assembly

Formed in December 1946; included diverse representatives of Indian society.

Sessions Held

11 sessions over 167 days

Total Duration

2 years, 11 months, 17 days

Key Figures

Dr. B.R. Ambedkar (Drafting Committee Chairman), Dr. Rajendra Prasad (President of CA)

Drafting Process

Thorough debates and amendments for each article

Original Structure

395 Articles, 8 Schedules

Inspirations

Constitutions of UK, USA, Ireland, Canada, etc.

Significance

Ensures justice, liberty, equality, and fraternity

Amendments

Over 100 amendments in 75+ years

When did the process of the making of the Indian constitution begin?

The process of making the Indian Constitution began with the first meeting of the Constituent Assembly on December 9, 1946.

Also, study Statutory, Constitutional, and Various Quasi-Judicial Bodies here.

Who played a key role in the making of the Indian constitution?

The Indian Constitution was made by a special group of people called the Constituent Assembly. Many individuals worked hard on it, but some played very important roles:

  • Dr. B.R. Ambedkar: He is known as the main architect of the Indian Constitution. He led the Drafting Committee, which was responsible for writing the actual text of the Constitution. He made sure it protected everyone's rights, especially those who were not treated fairly.
  • Jawaharlal Nehru: He was India's first Prime Minister. He presented an important document called the Objectives Resolution, which laid out the main ideas and goals for the Constitution. This later became the Preamble (the introduction) of our Constitution.
  • Dr. Rajendra Prasad: He was the President of the Constituent Assembly. He managed all the meetings and discussions, making sure everyone worked together to create the Constitution.
  • Sardar Vallabhbhai Patel: He was crucial in bringing all the different princely states into India. He also helped shape important parts of the Constitution related to states and fundamental rights.
  • B.N. Rau: He was the legal advisor to the Constituent Assembly. He prepared the very first draft of the Constitution, which the Drafting Committee then worked on and improved.

What was the duration in the making of the Indian constitution?

The Constituent Assembly took 2 years, 11 months, and 18 days to complete the historic task of drafting the Constitution for Independent India.

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History of Making of the Indian Constitution

Check out the article on the Seventh Schedule of the Indian Constitution here.

Dates

Developments during the formation of Indian Constitution

1934

MN Roy gave the idea of a constituent assembly for framing the Indian constitution.

1935

This idea of forming a constituent assembly was supported by leaders of the Indian National Congress, and demand was put forward.

1938

Jawaharlal Nehru, on behalf of the Indian National Congress, demanded that the constituent assembly consist of Indians only.

1940

Britishers accepted this demand in the August offer.

1942

Before the Quit India movement, Cripps’s mission said that the formation of a constituent assembly would be after World War II (1939-1945).

1946

The Cabinet mission formed a constituent assembly.

Constituent assembly had 389 seats (296 British India and 93 Princely states)

Majority seats by Congress-208

9th Dec 1946

The first meeting of the constituent assembly took place with 211 members.

The first President of the assembly was Dr Sachidanand Sinha.

11th Dec 1946

Permanent President Dr Rajendra Prasad.

Vice President H. C. Mukherjee

Constitutional advisor B. N. Rao

13th Dec 1946

Objective resolution was given by Jawaharlal Nehru, who laid the philosophical structure of the Indian constitution. It was passed on 22nd July 1947.

3rd June 1947

Lord Mountbatten planned for two constituent assemblies.

The number of seats was reduced to 299.

The first Parliament of India – the constituent assembly was formed.

The first speaker of Independent India- G.V. Malvankar.

Chairman of constituent assembly Dr Rajendra prasad.

26th November 1949

The Constitution of India was made.

What is the Constituent Assembly?

The Constituent Assembly was an assembly of elected representatives who drafted the document of the constitution. Elections to this Assembly were held in July 1946, and its first meeting was held in December 1946. Due to partition, the constituent assembly was also divided. It comprised 299 members that adopted the constitution on 26 November 1947, which came into effect on 26 January 1950.

The constituent assembly had the responsibility for framing the constitution of India. It functioned from Dec 1946 to Nov 1949. There were 8 Major committees and 15 minor committees in the constituent assembly for different subjects. It conducted 11 sessions to discuss different issues related to the formation of the constitution.

Check out Article 356 of the Indian Constitution here.

Composition of the Constituent Assembly

Total Number of Seats in Constituent Assembly – 389 Seats (292 Seats – British Provinces and 93 seats – Princely states). The British provinces were divided into three principal communities comprising Muslims, Sikhs, and general. The members of that particular community elected representatives of each community for assembly. Later, due to the partition of India, some territories were transferred to Pakistan. This reduced the number of seats to 299. The method of election was through proportional representation, where 1 seat represented nearly 10 lakh people.

Also, check the Difference Between Written and Unwritten Constitutions here.

Features and Functions of the Constituent Assembly

The Provincial Legislative Assembly elected 292 members, while the Indian States had a maximum of 93 seats. Seats in each province were distributed proportionally among the Muslim, Sikh, and General committees based on their respective populations. Members of each Provincial Legislative Assembly community selected their representatives using the proportional representation method and a single transferable vote. The heads of the princely states chose representatives.

On December 13, 1946, Jawaharlal Nehru introduced the Objectives Resolution, marking the formal beginning of the Constituent Assembly's task of drafting the Indian Constitution. The resolution aimed to declare India as an Independent Sovereign Republic and draft a Constitution for its future administration. The resolution outlined fundamental principles to guide the Constituent Assembly's work passed on January 22, 1947. Gradually, delegates from princely states joined the Assembly, formally established on April 28, 1947, with representatives from six states.

Following the acceptance of the Mountbatten Plan for the partition of the country on June 3, 1947, delegates from most other princely states assumed their seats in the Assembly. The Constituent Assembly was responsible for the following tasks in addition to drafting the Constitution and adopting ordinary laws:

  • It corrected the Commonwealth’s membership enrolment in May 1949.
  • On July 22, 1947, it adopted the national flag.
  • On January 24, 1950, it adopted the national anthem.
  • On January 24, 1950, it chose Dr. Rajendra Prasad as India’s first President.

Also, check out the Salient Features of the Indian Constitution here.

Committees of the Constituent Assembly

Here is a brief overview of the committees of the Constituent Assembly of India:

Committees of the Constituent Assembly

Committee Name

Responsibilities

Chairperson

Drafting Committee

Drafting the actual text of the Constitution.

Dr. B.R. Ambedkar

Union Power Committee

Drafting provisions related to the central government.

Jawaharlal Nehru

Provincial Constitution Committee

Drafting provisions related to state governments.

Vallabhbhai Patel

Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas

Drafting provisions related to fundamental rights, minorities, and tribal areas.

Vallabhbhai Patel

States Committee

Negotiating with princely states for their integration into the Indian Union.

Jawaharlal Nehru

Rules of Procedure Committee

Drafting rules of procedure for the Constituent Assembly.

Rajendra Prasad

Finance and Staff Committee

Managing Constituent Assembly finances.

Rajendra Prasad

House Committee

Day-to-day administration of the Constituent Assembly.

B. Pattabhi Sitaramayya

Hindi Translation Committee

Translating the Constitution into Hindi.

Alladi Krishnaswami Ayyar

Urdu Translation Committee

Translating the Constitution into Urdu.

Muhammad Saadullah

Drafting Committee of the Indian Constitution

A notable committee among the mentioned committees is the Drafting Committee, led by Dr. B.R. Ambedkar. Established on August 29, 1947, its primary responsibility was to draft the Constitution of India, incorporating proposals from various committees. The committee consisted of seven members from the Assembly:

  • Dr. B.R. Ambedkar as the Chairman
  • Dr. K M Munshi
  • Syed Mohammad Saadullah
  • N Madhava Rau
  • N Gopalaswamy Ayyangar
  • Alladi Krishnaswamy Ayyar
  • T T Krishnamachari

Within a timeframe of six months, the committee prepared the first draft, which underwent revisions based on suggestions, public comments, and criticism. The second draft was subsequently released in October 1948.

Criticisms Towards the Constituent Assembly

Here are some of the criticisms leveled against the Constituent Assembly of India:

  • It was not a fully representative body: The Constituent Assembly was elected by the provincial legislatures. This meant that the Constituent Assembly did not represent the views of all Indians.
  • It was dominated by the Indian National Congress: The Congress Party had a majority of seats in the Constituent Assembly. This led to accusations that the Constitution was not truly representative of the will of the people.
  • It was not a sovereign body: The Constituent Assembly was set up by the British government. It was subject to the provisions of the Indian Independence Act of 1947. The Constituent Assembly could not make any changes to the Act without the approval of the British government.
  • It was too slow in its work: The Constituent Assembly took over two years to draft the Constitution. This was seen by some as a waste of time and resources.
  • It was too influenced by foreign models: The Constituent Assembly drew heavily on the constitutions of other countries. This led to accusations that the Constitution was not truly Indian. It did not reflect the unique needs and circumstances of the country.

Also, check out the List of Important Major Amendments to the Indian Constitution here.

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What were the difficulties faced during the making of the Indian constitution?

The making of India's Constitution was a huge job, and it wasn't easy. The people writing it faced many tough problems, especially because India had just become independent and was very diverse.

Here are the main difficulties faced during the making of the Indian Constitution:

  • Huge Diversity: India is home to many different languages, religions, and cultures. Creating one Constitution that worked for everyone and brought them together was a major challenge in drafting the Indian Constitution.
  • Pain of Partition: India was divided into two countries (India and Pakistan) just before independence. This caused a lot of violence and forced many people to move. The Constitution makers had to work in this very difficult and emotional time.
  • Joining Princely States: There were over 500 small kingdoms (princely states) that weren't directly part of British India. Getting these states to join the new country was a big task. The Constitution needed rules for their smooth integration of princely states.
  • Social Problems: India had serious issues like widespread poverty, many people couldn't read or write, and the strict caste system. The Constitution had to include rules to fight these problems and ensure fairness for everyone. These were tough Constituent Assembly problems to solve.
  • Different Ideas: The people in the Constituent Assembly had different political views. It was hard to agree on important things like basic rights, how the government should work, or how much power states should have. Finding common ground was one of the big Indian Constitution making challenges.

Enforcement of the Constitution

On November 26, 1949, the motion on Draft Constitution was proclaimed approved, gaining the signatures of the members and the President. It should be emphasized that the Preamble was enacted after the Constitution.

After three sets of readings of the Draft produced by the Drafting Committee and published in October 1948, the Constitution was accepted on November 26, 1949, with a Preamble, 395 Articles, and 8 Schedules Of the Indian Constitution. Some of the 395 Articles, such as Articles 5 to 9, Articles 379, 380, 388, 392, and 393, went into effect on November 26, 1949. 

The remaining Articles were enacted on January 26, 1950, Republic Day. The Indian Independence Act of 1947 and the Government of India Act of 1935 were repealed once the Constitution of India took effect. Our Constitution currently has 448 Articles, 25 Parts, and 12 Schedules.

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Making of Indian Constitution UPSC FAQs

The Indian Constitution was made by the Constituent Assembly. This Assembly set up various committees, including the very important Drafting Committee led by Dr. B.R. Ambedkar. They studied constitutions from other countries, prepared drafts, held long debates, and considered thousands of amendments before finalizing the document.

It was difficult because India was very diverse, had just gone through the painful Partition, needed to bring over 500 princely states together, faced huge social problems like poverty and the caste system, and the Constitution makers themselves had many different ideas and beliefs to reconcile.

The Indian Constitution was made by the Constituent Assembly, which started its work on December 9, 1946. This Assembly debated and discussed every part of the Constitution for 2 years, 11 months, and 18 days. It was finally adopted on November 26, 1949, and came into force on January 26, 1950.

The Constituent Assembly was a body of elected and nominated representatives formed to draft India's Constitution. Its main role was to thoroughly discuss, debate, and approve every article and principle of the Constitution, ensuring it reflected the aspirations of the Indian people.
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