Week 2: Making of the Constitution

 

Making of the Constitution

Emergence of Constitutional Aspirations in Colonial India

The idea of a Constituent Assembly in India was first proposed by M.N. Roy in 1934. The Indian National Congress officially endorsed the demand in 1935, emphasizing the need for Indians to frame their own Constitution. In 1938, Jawaharlal Nehru asserted that the Constitution of free India must be framed without external interference and through an assembly elected by adult franchise.

The British Government acknowledged this demand in principle through the August Offer of 1940. In 1942, the Cripps Mission proposed an independent Constitution after World War II, but it was rejected by the Muslim League, which demanded two separate Constituent Assemblies for Hindus and Muslims.

Finally, the Cabinet Mission (1946), comprising Pethick Lawrence, Stafford Cripps, and A.V. Alexander, rejected the idea of two assemblies but proposed a single Constituent Assembly with groupings to address communal concerns. This plan was accepted by major political stakeholders, paving the way for India's constitutional development.

Structure and Representation in the Constituent Assembly

The Constituent Assembly was formed in November 1946 under the Cabinet Mission Plan. It comprised 389 members—296 from British Indian provinces and 93 from princely states.

Seats were allotted based on population, roughly one seat per million. Within British India, seats were distributed among three communities—General, Muslims, and Sikhs—proportionate to their population. Members were elected by provincial legislatures through proportional representation using a single transferable vote, while princely state representatives were nominated by their rulers.

Thus, the Assembly was partly elected and partly nominated, and the elections were indirect, based on a limited franchise. In the 1946 elections, the Congress secured 208 seats, the Muslim League 73, and others 15. Princely states did not initially participate, leaving their 93 seats vacant.

Despite not being elected by universal adult suffrage, the Assembly was broadly representative, including members from all major communities and social groups—Hindus, Muslims, Sikhs, Parsis, Christians, Scheduled Castes, Scheduled Tribes, and women. It consisted of almost all leading national figures, except Mahatma Gandhi.

Working of the Constituent Assembly

The Constituent Assembly of India held its inaugural session on December 9, 1946, amid political discord marked by the Muslim League’s boycott, which demanded a separate state of Pakistan. Consequently, only 211 members attended the first meeting. Following the French convention, Dr. Sachchidananda Sinha, the senior-most member, was chosen as the interim President. Later, Dr. Rajendra Prasad was unanimously elected as the permanent President, with H.C. Mukherjee and V.T. Krishnamachari serving as Vice-Presidents.

Objectives Resolution:

On December 13, 1946, Jawaharlal Nehru moved the historic Objectives Resolution, which laid down the philosophical foundations of the Indian Constitution. It was a visionary declaration reflecting the values of sovereignty, democracy, and justice, and was adopted unanimously on January 22, 1947. Key principles included:

1. Proclamation of India as an Independent Sovereign Republic.
2. Union of territories comprising British India, princely states, and other willing regions.
3. Autonomy and residuary powers for constituent units, subject to Union authority.
4. Derivation of sovereign power from the people, ensuring democratic legitimacy.
5. Assurance of justice (social, economic, political); equality; and freedom of thought, expression, belief, worship, and association, within limits of law and morality.
6. Provision of safeguards for minorities, backward classes, tribal areas, and depressed classes.
7. Commitment to territorial integrity and sovereign rights over land, sea, and air.
8. India’s aspiration to contribute to world peace and global welfare.

The Objectives Resolution became the ideological blueprint of the Constitution, influencing its structure, values, and principles. A modified version of the Resolution was eventually adopted as the Preamble to the Constitution, encapsulating the vision of independent India as envisaged by its founding leaders.

Key Committees of the Constituent Assembly

To ensure a structured and efficient constitution-making process, the Constituent Assembly appointed several committees—eight major and numerous minor committees—each tasked with specific responsibilities. These committees played a vital role in shaping the foundational framework of the Constitution.

Major Committees and Their Chairpersons

1. Union Powers Committee – Jawaharlal Nehru
2. Union Constitution Committee – Jawaharlal Nehru
3. Provincial Constitution Committee – Sardar Vallabhbhai Patel
4. Drafting Committee – Dr. B.R. Ambedkar
5. Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas – Sardar Patel, with five sub-committees:
• Fundamental Rights – J.B. Kripalani
• Minorities – H.C. Mukherjee
• North-East Frontier Tribal Areas (Assam) – Gopinath Bardoloi
• Excluded Areas (except Assam) – A.V. Thakkar
• North-West Frontier Tribal Areas – (Unnamed)
6. Rules of Procedure Committee – Dr. Rajendra Prasad
7. States Committee (Negotiations with States) – Jawaharlal Nehru
8. Steering Committee – Dr. Rajendra Prasad

The Drafting Committee

The Drafting Committee, established on August 29, 1947, was the most crucial among all. Chaired by Dr. B.R. Ambedkar, it was responsible for preparing the draft Constitution. The committee initially comprised seven members:

1. Dr. B.R. Ambedkar (Chairman)
2. N. Gopalaswamy Ayyangar
3. Alladi Krishnaswamy Ayyar
4. Dr. K.M. Munshi
5. Syed Mohammad Saadullah
6. N. Madhava Rau (replaced B.L. Mitter)
7. T.T. Krishnamachari (replaced D.P. Khaitan)

Drafting Process and Public Participation

• The first draft was published in February 1948 and made available to the public for suggestions over eight months.
• A second draft, incorporating public feedback, was released in October 1948.
• The committee worked for less than six months, holding 141 sittings, reflecting both efficiency and inclusiveness.

The Formal Enactment and Signing of the Constitution

The enactment of the Constitution was the culmination of exhaustive deliberation, rigorous scrutiny, and inclusive debate within the Constituent Assembly. Dr. B.R. Ambedkar, as the Law Minister and Chairman of the Drafting Committee, introduced the final draft of the Constitution on November 4, 1948 (first reading), initiating a historic phase of constitution-making.

Phases of Discussion and Adoption

1. First Reading (General Discussion):
• Held from November 4 to 9, 1948, focused on broad themes and vision.
2. Second Reading (Clause-by-Clause Debate):
• Commenced on November 15, 1948, and lasted until October 17, 1949.
• A total of 7,653 amendments were proposed, of which 2,473 were debated in detail, reflecting the depth and participatory nature of the process.
3. Third Reading:
• Began on November 14, 1949.
• On November 26, 1949, Dr. Ambedkar moved the final motion for the Constitution’s adoption.
• The Constitution was passed and signed by 284 of the 299 members present.

Key Features of the Enacted Constitution

• Date of Adoption: November 26, 1949—now celebrated as Constitution Day.
• Content: The original Constitution included:
• Preamble (enacted last),
• 395 Articles,
• 8 Schedules.

This date, mentioned in the Preamble, marks the moment when the people of India in the Constituent Assembly “adopted, enacted, and gave to themselves this Constitution.”

Legacy of Dr. B.R. Ambedkar

Dr. Ambedkar emerged as the chief architect of the Indian Constitution, renowned for his intellect, legal acumen, and persuasive oratory. As the undisputed voice of the Scheduled Castes, he ensured the inclusion of social justice, equality, and democratic governance in the constitutional framework. Revered as the ‘Father of the Indian Constitution’ and hailed as a ‘Modern Manu’, his contribution remains foundational to India’s constitutional democracy.

Republic Day and Constitutional Enforcement

The enforcement of the Indian Constitution occurred in two phases, reflecting both functional necessity and symbolic intent.

1.     Initial Enforcement – November 26, 1949

A select set of provisions came into effect immediately upon adoption by the Constituent Assembly on November 26, 1949. These included articles related to:

• Citizenship (Articles 5 to 9)
• Elections (Article 324)
• Provisional Parliament and Transitional Provisions (Articles 60, 366, 367, 379, 380, 388, 391, 392, and 393)

This date is commemorated as Constitution Day, marking the formal adoption of the document.

2.     Full Enforcement – January 26, 1950

The remaining provisions, constituting the major part of the Constitution, came into force on January 26, 1950, which is officially referred to as the ‘date of its commencement’. This day is celebrated as Republic Day to honor the establishment of India as a sovereign democratic republic.

• January 26 was deliberately chosen due to its historical significance; it was on this day in 1930 that the Indian National Congress celebrated Purna Swaraj Day, as per the resolution passed in the Lahore Session (December 1929).

3.     Legal Transition

With the commencement of the Constitution:

• The Indian Independence Act, 1947, and the Government of India Act, 1935, along with related amending laws, were repealed.
• The Abolition of Privy Council Jurisdiction Act, 1949, however, continued in force.

Constituent Assembly Under Scrutiny: Key Criticisms

1. Not a Representative Body:
• Members were not directly elected by universal adult franchise.
2. Not a Sovereign Body:
• Created under the British Cabinet Mission Plan; functioned with British approval.
3. Time-Consuming:
• Took nearly 3 years to draft the Constitution; critics cited the American Constitution being framed in 4 months.
4. Congress Domination:
• Largely controlled by the Indian National Congress; termed a "one-party body" by Granville Austin.
5. Lawyer-Politician Domination:
• Overrepresentation of lawyers and politicians; limited participation of other social groups.
6. Hindu Domination:
• Criticised for being dominated by Hindus; termed by Churchill as representing "only one major community".

Constitution in Hindi: Legal and Linguistic Provisions

1. Original Absence:
• No provision for an authoritative Hindi text in the original Constitution.
2. 58th Constitutional Amendment Act, 1987:
• Inserted Article 394-A in Part XXII of the Constitution.
3. Key Provisions of Article 394-A:
• President’s Authority: To publish the official Hindi translation of the Constitution and its amendments.
• Modifications Allowed: For alignment with the style and terminology of Central Acts in Hindi.
• Legal Status: Hindi translation to have equal meaning and authority as the English text.
• Revision Power: President can revise Hindi text if any difficulty arises.

The making of the Indian Constitution was a monumental exercise in democratic deliberation, legal precision, and visionary leadership. From the initial demand for a Constituent Assembly in 1934 to the final enforcement of the Constitution in 1950, the process reflected India’s aspiration for self-governance, social justice, and unity in diversity. Despite criticisms regarding representation and dominance, the Constituent Assembly succeeded in crafting a comprehensive and enduring constitutional framework. With its adoption, enactment, and eventual translation into Hindi, the Constitution became not only the supreme law of the land but also a symbol of India's commitment to democratic values, inclusivity, and constitutional morality.