Making of the Indian Constitution

The Constitution of India stands as the supreme law of the nation, crafted by the Constituent Assembly elected by the members of the Provincial Assemblies. 

Constituent Assembly 

• Established in December 1946, the Constituent Assembly dedicated the next three years to framing the most crucial document for a newly independent nation. 
• The Constitution of India holds the distinction of being the longest written constitution globally. 

Demands for Constituent Assembly 

• The call for a Constituent Assembly to formulate the Constitution first gained prominence in 1934 through MN Roy. In 1935, the Indian National Congress officially advocated for its establishment. 
• In 1938, Jawaharlal Nehru, representing the Indian National Congress (INC), asserted that the Constitution of Free India should be crafted without external interference by a Constituent Assembly elected based on adult franchise. 
• The British Government eventually proposed the creation of a representative body comprising Indians to draft a Constitution for India in the August Offer of 1940. 
• During the Cripps Mission, the British agreed to the establishment of a Constituent Assembly consisting entirely of Indians. However, the Muslim League rejected the Cripps Proposals as they aimed to divide India into two independent states with separate Constituent Assemblies. 

Formation of Constituent Assembly 

• A Cabinet Mission was ultimately dispatched to India, proposing a plan for the Constituent Assembly that was most agreeable to the Muslim League. It was established in November 1946 as per the Cabinet Mission Plan of 1946. 
• However, the elections to the assembly were conducted indirectly. In 1946, the British, contemplating the possibility of granting independence to India, sent a British Cabinet Mission to India to: 
  • Hold discussions with the representatives of British India and the Indian States to agree on the framework for drafting a constitution. 
  • Set up a constituent body and an executive council. 
  • The Assembly was to have proportional representation from existing provincial representation and various Princely States. The majority of these elections were completed by the end of July 1946, under the supervision of the reforms office under the Governor-General (Viceroy). 

The Constituent Assembly came into force in 1946, with members including Jawaharlal Nehru, Dr. Rajendra Prasad, Sardar Vallabhbhai Patel, Maulana Azad, and many other supreme leaders of the country. 

• Each Province and each Princely State or Group of States were allotted seats proportional to their respective populations. The provinces under direct British rule elected 292 members, while the Princely States were allotted a minimum of 93 seats, with an additional 4 seats for Chief Commissioner provinces. 
• The Assembly consisted of 389 members representing Provinces (292), States (93), the Chief Commissioner Provinces (3), and Baluchistan (1). 
• The strength of the Assembly was reduced to 299 following the withdrawal of the Muslim League members after the partition of the country. 
• The seats in each Province were distributed among the three main communities, Muslims, Sikhs, and General, in proportion to their respective populations. 
• Parties represented in the Constituent Assembly were the Congress Party, which had a majority, the Muslim League, Scheduled Caste representation, the Indian Communist Party, and the Union Party. 

Proceeding of the Constituent Assembly  

• Proceedings of the Constituent Assembly began as it met for the first time on 9th December 1946. 
• The Muslim League boycotted the Constituent Assembly owing to their continued demand for a separate state of Pakistan. 
• Thus, the strength of the assembly was reduced to 299. The meeting was attended by only 211 members. 

Dr. Sacchidananda Sinha was elected as the Interim President of the Assembly. On 11th December 1946, Dr. Rajendra Prasad was elected as the President and HC Mukherjee as the Vice-President of the Constituent Assembly. BN Rau was appointed as the Constitutional Advisor. 

Objective Resolution 

• On 13th December 1946, Pt. Jawaharlal Nehru moved the Objective Resolution, laying down the fundamentals and philosophy of the constitutional structure. 

Main Points of the Objective Resolution: 

• India is an independent sovereign republic. 
• India shall be a Union of erstwhile British India territories, Indian states, and other parts outside British India and Indian states willing to be a part of the Union. 
• Territories forming the Union shall be autonomous units and exercise all powers and functions of the government and administration, except those assigned to or vested in the Union. 
• All powers and authority of sovereign and independent India and its Constitution shall flow from the people. 
• All people of India shall be guaranteed and secured social, economic, and political justice; equality of status and opportunities; and equality before the law, along with fundamental freedoms of speech, expression, belief, faith, worship, vocation, association, and action subject to law and public morality. 
• Adequate safeguards will be ensured for minorities, backward and tribal areas, as well as the depressed and Other Backward Classes. 
• The Republic's territorial integrity and sovereign rights over land, sea, and air will be upheld in accordance with the principles of justice and the laws of civilized nations.  
• The nation is committed to making a wholehearted and voluntary contribution to the promotion of world peace and the well-being of humanity. 

Important Personalities Related to Constituent Assembly 

Women Participation in Constituent Assembly 

• The Constituent Assembly included fifteen female members, all of whom were freedom fighters. These women actively contributed to the Presidential panel and various sub-committees. 
• Notable figures among them were Rajkumari Amrit Kaur, Sarojini Naidu, Sucheta Kripalani, Vijaya Lakshmi Pandit, and Durgabai Deshmukh. 

Committees of the Constituent Assembly 

• Various committees, including those focused on drafting and other significant tasks, were established in the Constituent Assembly.  

Drafting Committee 

• One such committee was the Drafting Committee, formed on August 29, 1947, with Dr. B.R. Ambedkar serving as its chairman. 
• Other members of committee are: 
• N. Gopalaswamy Ayyangar 
  • Alladi Krishnaswamy Iyer 
  • K. M. Munshi 
  • Syed Muhammad Saadullah 
  • N. Madhava Rau (replacing B. L. Mitter) 
  • T. T. Krishnamachari 
  • (Replaced by D. P. Khaitan, who unfortunately passed away in 1948) 

Other Committees 

Sessions of the Constituent Assembly 

Enactment and Implementation of the Constitution 

• The Constituent Assembly dedicated nearly 3 years (2 years, 11 months, and 18 days) to the monumental task of drafting the Constitution for Independent India. 
• On November 26, 1949, the people of India, through the Constituent Assembly, formally adopted and enacted the Constitution. 
• The Constitution comprised a Preamble, 395 Articles, 22 Parts, and 8 Schedules. Notably, the Preamble was enacted after the Constitution itself had been enacted. 
• On January 26, 1950, the Constitution of India came into force, marking the repeal of the Indian Independence Act, 1947. India transitioned from being a dominion of the British Crown to a sovereign, democratic, and republic nation. 
• Article 394 specified that provisions related to citizenship, elections, provisional Parliament, and temporary and transitional measures (Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393, and 394) came into effect on the day of adoption (November 26, 1949) of the Constitution. The remaining provisions became effective on the day of the Constitution's commencement (January 26, 1950). 
• A total of 284 members signed the Constitution, and the date of November 26, 1949, was also enshrined in the Preamble as the day when the people of India adopted, enacted, and bestowed upon themselves the Constitution. 
• The choice of January 26 as the commencement date was symbolic, aligning with the celebration of Purna Swaraj on January 26, 1930, following the Lahore Session in December 1929. 

Every year, 26th November has been observed as Constitution Day since 2015. 

• Since 2015, November 26th has been annually celebrated as Constitution Day. Reconvening on January 24, 1950, the Constituent Assembly carried out various significant functions: 
  • It ratified India's Commonwealth membership in May 1949. 
  • Adoption of the National Flag took place on July 22, 1947. 
  • The National Anthem was formally adopted on January 24, 1950. 
  • The National Song was also adopted on January 24, 1950. 
  • Dr. Rajendra Prasad was elected as the first President of India on January 24, 1950. 

Schedules and Parts of the Indian Constitution 

The Indian Constitution is structured into Twelve Schedules and Twenty-two Parts- 

Parts of the Constitution 

Part IV-A and Part XIV-A were added by 42nd Amendment Act, 1976. Part IX-A was added by the 74th Amendment Act, 1992 and Part IX-B was added by the 97th Amendment Act, 2011.