Constituent Assembly and Making of the Constitution

Constituent Assembly and Making of the Constitution

Constituent Assembly of India

Cabinet Mission and Establishment of Constituent Assembly

• The Cabinet Mission envisaged the establishment of a Constituent Assembly to frame a Constitution for the country.

• Members of the Constituent Assembly were elected by the Provincial Legislative Assemblies.

• Each Province and each Indian State was allotted seats in proportion to its population, roughly in the ratio of one to a million.

• The seats so ascertained were distributed among the main communities in each Province.

• The main communities recognised were Sikh, Muslim, and General.

Important Committees of the Constituent Assembly and their Chairman

Membership of the Constituent Assembly

The total number of members of the Constituent Assembly was to be 389, of whom 93 were representatives from the Indian States (Princely States) and 296 from British India (of which 292 were from the Governors’ Provinces and 1 each from 4 Chief Commissioners’ Provinces).

After the partition of India, the number of members of the Constituent Assembly came to 299, of whom 284 were present on 26th November, 1949, and signed the finally approved Constitution of India.

The Constituent Assembly, which had been elected for undivided India, held its first meeting on December 9, 1946, and reassembled on August 14, 1947, as the sovereign Constituent Assembly for the Dominion of India.

Symbol of the Constituent Assembly

• The Elephant was adopted as the symbol (seal) of the Constituent Assembly.

Duration of Constitution-Making

• It took 2 years, 11 months, and 18 days for the Constituent Assembly to finalise the Constitution.

Objective Resolution

The Objective Resolution was moved in the first session of the Constituent Assembly (on December 13, 1946) by Pt. Jawahar Lal Nehru, which was adopted after considerable deliberation and debate in the Assembly on 22 January 1947.

Objectives embodied in the Resolution

• To foster unity of the Nation and to ensure its economic and political security, to have a written Constitution, and to proclaim India as a Sovereign Democratic Republic.

• To have a federal form of Government with the distribution of powers between the Centre and States.

• To guarantee and secure justice, equality, freedom of thought, expression, belief, faith, worship, vocation, association, and action to all the people of India.

• To provide adequate safeguards for minorities, backward and tribal areas, and depressed and other backward classes.

• To maintain the integrity of the territory of the republic and its sovereign rights on land, sea, and air according to justice and the law of civilised nations.

• To attain a rightful and honoured place in the world and make its full and willing contribution to the promotion of world peace and the welfare of mankind.

Drafting Committee and Constitution Drafting

The principles of the Constitution were outlined by various committees of the Assembly, and there was a general discussion on the reports of these Committees.

The Constituent Assembly appointed the Drafting Committee with Dr. B.R. Ambedkar as the Chairman on August 29, 1947, to scrutinise the draft of the text of the Constitution of India prepared by the Constitutional Adviser B.N. Rao (Benegal Narsing Rao).

The Drafting Committee, headed by Dr. B. R. Ambedkar, submitted a Draft Constitution of India to the President of the Assembly on February 21, 1948.

Members of the Drafting Committee

• N. Gopalaswamy Ayyangar

• Alladi Krishnaswamy Ayyar

• Dr. K.M. Munshi

• Syed Mohammad Saadullah

• B.L. Mitter (later replaced by N. Madhava Rao)

• Dr. D.P. Khaitan (replaced on death in 1948 by T.T. Krishnamachari)

Adoption of the Constitution

The third and final reading of the draft was completed on November 26, 1949. On this date, the signature of the President of the Assembly was appended to it, and the Constitution was declared as passed.

The provisions relating to citizenship, elections, and the provisional Parliament, etc. They were implemented with immediate effect, that is, from the 26th November 1949. The rest of the provisions of the Constitution came into force on January 26, 1950, and this date is referred to in the Constitution as the date of its commencement.

Constitution Day

• 26th November is observed as 'Constitution Day’.

• To celebrate the 125th birth anniversary of Dr. B.R. Ambedkar, the Government of India (Ministry of Social Justice & Empowerment) decided to observe 'Constitution Day' on 26th November w.e.f. 2015.

Different Sources of the Indian Constitution

Government of India Act, 1935

• The skeleton of the constitution was derived from the Government of India Act 1935, though many provisions were imported from other constitutions of the world.

• Out of 395 Articles of the Constitution of India, the text of almost 250 Articles is taken from the Government of India Act, 1935, directly or with some modifications.

Government of India Act, 1935

• This Act formed the basic premise or the basis or 'blueprint' of the Constitution of India with the features of a Federal system, office of the Governor, emergency powers, etc.

Constitution of Britain

• Law-making procedures

• Rule of law

• Single citizenship

• Bi-cameral Parliamentary system

• Office of CAG

Constitution of the USA

• Independence of the judiciary

• Judicial review

• Fundamental rights

• Removal of Supreme Court and High Court judges

• Preamble and functions of the President and Vice-President

Constitution of Canada

• Federation with a strong Centre

• Residuary powers to the Centre

• Supreme Court's advisory jurisdiction

Constitution of Ireland

• Directive Principles of State Policy

• Method of presidential elections

• Nomination of members to the Rajya Sabha by the President

Weimar Constitution of Germany

• Provisions concerning the suspension of fundamental rights during an emergency

Constitution of Australia

• Idea of the Concurrent List

• Trade and Commerce provisions

Constitution of South Africa

• Amendment with 2/3rd majority in Parliament

• Election of the Members of the Rajya Sabha based on proportional representation

Constitution of France

• Republican System

• Principles of Liberty, Equality, and Fraternity

Constitution of the former USSR

• Fundamental Duties

• Ideals of justice in the Preamble

Final Thoughts

The Constituent Assembly of India stands as one of the most significant milestones in the nation’s democratic journey. It brought together visionary leaders like Dr. B.R. Ambedkar, Jawaharlal Nehru, Sardar Patel, and Rajendra Prasad, who shaped the foundation of modern India. The process, which lasted 2 years, 11 months, and 18 days, reflects the depth of debate, inclusivity, and foresight that went into constitution-making.

By borrowing ideas from the Government of India Act, 1935, and combining them with features from the world’s leading constitutions, the Assembly ensured that India had a document both original and globally inspired. The adoption of the Objective Resolution, later evolving into the Preamble, highlighted India’s commitment to justice, liberty, equality, and fraternity.

The Constitution is not just a legal framework but a living document that continues to guide India’s democratic ethos. The work of the Constituent Assembly remains a timeless reminder of unity in diversity and the vision of creating a sovereign, democratic, and inclusive Republic.