Formation

By the beginning of the twentieth century, the Indian national movement had been active in the struggle for independence from British rule for several decades. Under the British, Indians had been forced to obey rules that they had very little role in making. The long experience of authoritarian rule under the colonial state convinced Indians that free India should be a democracy where everyone should be treated equally and allowed to participate in government. This was done by the Constituent Assembly, which had been elected for undivided India. The Constitution of India was meticulously drafted by the Constituent Assembly over a period of almost three years. The process was a landmark event in India’s journey to becoming a sovereign, democratic republic.

Formation of the Constituent Assembly

The demand for a Constituent Assembly to draft India’s Constitution was a long-standing one. This demand was finally accepted by the British government in the Cabinet Mission Plan of 1946. The assembly was a partially elected and partly nominated body.

• Election: 292 members were elected from the British Indian provinces.
• Nomination: 93 members were nominated by the heads of the Princely States.

The first meeting of the assembly took place on December 9, 1946. Dr. Sachchidananda Sinha was elected as the temporary President. Two days later, on December 11, 1946, Dr. Rajendra Prasad was elected as the permanent President, and H.C. Mukherjee was elected as Vice-President.

Members of the Constituent Assembly had a huge task before them. When the constitution was being written, India was going through considerable turmoil because of the partition; some of the Princely states remained undecided about their future, and the socio-economic condition of the vast mass of people appeared dismal. A country made up of different communities, different languages, different religions, and distinct cultures needs something magical. The Assembly rose to the occasion and gave the country a visionary document that reflects a respect for maintaining diversity while preserving national unity. The final document reflects and emphasizes on the crucial role people can play in choosing their representatives.

Key Stages

1. Objectives Resolution

On December 13, 1946, Jawaharlal Nehru moved the historic “Objectives Resolution”. This resolution outlined the fundamental principles and goals of the Constitution, such as making India a Sovereign, Independent Republic and ensuring justice, liberty, and equality for its citizens. The resolution was unanimously adopted on January 22, 1947, and it later formed the basis of the Preamble of the Indian Constitution.

2. Committee Reports

The Constituent Assembly established various committees to deal with different aspects of the Constitution. Some of the most important committees included the Union Constitution Committee, the Provincial Constitution Committee, and the Advisory Committee on Fundamental Rights, Minorities, and Tribal Areas. Their reports and recommendations became the foundation for the draft.

3. The Drafting Committee

The most crucial stage began on August 29, 1947, with the formation of the Drafting Committee under the chairmanship of Dr. B.R. Ambedkar. The committee’s role was to prepare a draft of the Constitution based on the committee reports and the Objectives Resolution. It consisted of seven members, including:

• Dr. B.R. Ambedkar (Chairman)
• N. Gopalaswami Ayyangar
• Alladi Krishnaswami Ayyar
• K.M. Munshi
• Mohammad Saadulla
• B.L. Mitter (later replaced by N. Madhava Rau)
• D.P. Khaitan (later replaced by T.T. Krishnamachari)

The Drafting Committee worked for 141 days, and their first draft was published in February 1948 for public feedback and discussion.

Adoption and Enforcement

After multiple revisions and extensive debates, the Constituent Assembly held its final sessions.

• Adoption: On November 26, 1949, the Constituent Assembly adopted the Constitution. This day is now celebrated as Constitution Day or National Law Day. The Constitution, as adopted, contained a Preamble, 395 Articles, and 8 Schedules.
• Enforcement: While some provisions related to citizenship, elections, and the provisional Parliament came into force on November 26, 1949, the majority of the Constitution was enforced on January 26, 1950. This date was chosen to commemorate the declaration of “Purna Swaraj” (complete self-rule) by the Indian National Congress in 1930. The enforcement of the Constitution on this day marked the birth of the Republic of India, and it is celebrated annually as Republic Day.

Previous Year Questions

On which grounds is the Constituent Assembly criticized? (MPPSC 2024)

Explain the process of the formation of the Indian Constitution. What were the key characteristics that made it unique from other constitutions? (UPPSC 2022-23)

Indian constitution is an amalgamation of global outlook and experiences gained during the freedom struggle. Comment. (RPSC 2023-24)