Drafting Committee of the Constituent Assembly
The Drafting Committee, one of the most crucial committees of the Constituent Assembly, was established on August 29, 1947. It was responsible for drafting the new Constitution of India. This committee played a pivotal role in shaping the Constitution by consolidating the inputs from various other committees and public suggestions.
| Name | Role | Participation Details | Remarks |
|---|---|---|---|
| Dr. B.R. Ambedkar | Chairman | Active throughout the committee’s workings, led the drafting process and played a key role in framing the Constitution. | Known as the “Father of the Indian Constitution.” |
| N. Gopalaswamy Ayyangar | Member | Actively participated in the committee’s proceedings, contributing to the federal structure and administrative aspects of the Constitution. | Former Prime Minister of Jammu and Kashmir. |
| Alladi Krishnaswamy Ayyar | Member | Regularly attended meetings, provided legal expertise, and focused on fundamental rights and directive principles. | Renowned jurist and legal scholar. |
| Dr. K.M. Munshi | Member | Contributed significantly to the drafting of the preamble and cultural rights, actively participated in discussions. | Prominent freedom fighter and legal expert. |
| Syed Mohammad Saadullah | Member | Focused on minority and tribal issues, participated in most sessions. | Former Chief Minister of Assam. |
| N. Madhava Rau | Member (Replaced B.L. Mitter) | Replaced B.L. Mitter due to health reasons, actively involved in discussions on administrative provisions after joining. | B.L. Mitter resigned due to ill-health. |
| T.T. Krishnamachari | Member (Replaced D.P. Khaitan) | Replaced D.P. Khaitan after his death in 1948, participated in financial and economic governance discussions. | D.P. Khaitan passed away in 1948. |
The Constituent Assembly of India played a key role in shaping democracy. The Drafting Committee, chaired by Dr. B.R. Ambedkar, consolidated proposals into the final Constitution of India in 1949.
Role of Dr. B.R. Ambedkar in Constitution Making
The role of Dr. B.R. Ambedkar in the making of the Indian Constitution was not only pivotal but also unmatched in its depth, precision, and vision. As the Chairman of the Drafting Committee of the Constituent Assembly, Ambedkar was entrusted with the responsibility of consolidating diverse ideas, debates, and proposals into a coherent document that would serve as the foundational law of independent India. His legal acumen, scholarly expertise, and deep understanding of social realities made him the most suitable leader for this historic task.
One of his most significant contributions was ensuring the constitutional guarantee of fundamental rights, which became the cornerstone of India’s democracy. Ambedkar strongly advocated equality before law, protection against discrimination, and the abolition of untouchability, embedding them within enforceable rights. His insistence on individual rights was rooted in his lifelong struggle against caste-based inequalities, making the Constitution a weapon of social justice.
Ambedkar also played a decisive role in shaping India’s federal structure. He balanced the need for a strong central government with adequate powers for the states, thereby creating a federal system with unitary features during emergencies. His pragmatic approach was evident when he defended the inclusion of provisions such as emergency powers and safeguards for minorities, ensuring both national security and social harmony.
Furthermore, Ambedkar’s vision extended beyond political equality to socio-economic justice. He introduced provisions for affirmative action through reservations in legislatures, education, and public employment to uplift Scheduled Castes and Scheduled Tribes. These measures demonstrated his commitment to dismantling centuries-old hierarchies and creating an inclusive nation.
In conclusion, Dr. B.R. Ambedkar’s role in constitution making was not confined to drafting legal clauses—it was a mission to create a modern, democratic, and egalitarian India. His evidence-based arguments, rooted in comparative constitutional studies and personal experience of social discrimination, ensured that the Indian Constitution became a living document capable of evolving with the nation. His legacy as the “Architect of the Indian Constitution” is thus firmly grounded in both historical fact and moral authority.
- August 29, 1947:— Drafting Committee was formed with Dr. B.R. Ambedkar as the Chairman.
- B.L. Mitter’s Resignation:— B.L. Mitter resigned due to ill-health, and N. Madhava Rau replaced him.
- D.P. Khaitan’s Death:— D.P. Khaitan passed away in 1948, and T.T. Krishnamachari took his place.
- Draft Constitution Published: —
• First Draft: February 1948
• Second Draft: October 1948 - Drafting Process Duration:— The committee completed its work in 141 days, over a span of fewer than six months.
- First Draft of the Constitution (February 1948):—
The committee published the first draft of the Constitution in February 1948, allowing the public to review and suggest changes. This democratic approach ensured that the Constitution reflected the aspirations of the Indian people. - Second Draft of the Constitution (October 1948):—
After considering public feedback, the Drafting Committee revised and published the second draft in October 1948. - Efficient Working:—
The Drafting Committee convened for a total of 141 days, completing the draft in less than six months, showcasing its efficiency and dedication. - Public Engagement:—
The committee’s openness to public input and its iterative approach to drafting highlighted the participatory nature of the Constitution-making process.
Introduction of the Final Draft
On November 4, 1948, Dr. B.R. Ambedkar presented the final draft of the Constitution in the Constituent Assembly, marking the first reading. A five-day general discussion followed, concluding on November 9, 1948.
Second Reading: Clause-by-Clause Consideration
The second reading began on November 15, 1948, and continued until October 17, 1949. During this stage, a significant 7,653 amendments were proposed, of which 2,473 were thoroughly discussed in the Assembly.
Third Reading and Passing of the Draft
The third reading commenced on November 14, 1949. Dr. Ambedkar moved the motion for the Constitution to be passed as settled by the Assembly. On November 26, 1949, the motion was declared passed, with 284 of the 299 Assembly members present signing the document. This date, mentioned in the Preamble, signifies when the people of India adopted, enacted, and gave themselves the Constitution.
Structure of the Adopted Constitution
Upon adoption on November 26, 1949, the Constitution comprised a Preamble, 395 Articles, and 8 Schedules. The Preamble was enacted after the completion of the Constitution’s enactment.
Role of Dr. B.R. Ambedkar
Dr. B.R. Ambedkar, the then Law Minister, played a crucial role in piloting the Draft Constitution. His logical and persuasive arguments earned him recognition as the “Father of the Constitution of India” and the “chief architect of the Constitution.”
Constitution Day
To honor and promote constitutional values, the Government of India declared November 26 as “Constitution Day” (“Samvidhan Divas”) in 2015, celebrated annually.
Provisions Enacted on November 26, 1949
Certain provisions of the Constitution related to citizenship, elections, the provisional parliament, temporary and transitional arrangements, and the short title came into effect on November 26, 1949. These are covered in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, and 393.
Full Enforcement on January 26, 1950
The majority of the Constitution’s provisions came into effect on January 26, 1950, a date commemorated as Republic Day. The Constitution refers to this date as its “commencement.”
Historical Significance of January 26
January 26 was chosen for its historical importance, as it was the day in 1930 when Purna Swaraj (Complete Independence) was declared following the resolution at the Lahore Session of the Indian National Congress in December 1929.
Repeal of Previous Acts
With the Constitution’s commencement, the Indian Independence Act of 1947 and the Government of India Act of 1935, along with related amendments, were repealed. However, the Abolition of Privy Council Jurisdiction Act of 1949 remained in effect.
On July 8, 1946, the Congress Party (Indian National Congress) established an Experts Committee to prepare materials for the Constituent Assembly while elections were underway. This committee played a significant role in shaping the foundation of the Indian Constitution.
| Member | Role | Contributions |
|---|---|---|
| Jawaharlal Nehru | Chairman | Led discussions on constitutional objectives and framework, ensuring alignment with the Cabinet Mission Plan. |
| M. Asaf Ali | Member | Contributed to deliberations on provincial autonomy and the powers of the central government. |
| K.M. Munshi | Member | Worked on drafting notes regarding the structure of governance and the integration of princely states. |
| N. Gopalaswami Ayyangar | Member | Focused on procedural aspects for the Constituent Assembly and the powers of provincial governments. |
| K.T. Shah | Member | Provided insights on economic provisions and the distribution of legislative powers. |
| D.R. Gadgil | Member | Contributed to the discussions on financial provisions and economic governance. |
| Humayun Kabir | Member | Engaged in discussions on cultural and educational matters, ensuring a comprehensive constitutional framework. |
| K. Santhanam | Member | Played a role in drafting the procedural framework and addressing transitional provisions. |
| Krishna Kripalani | Co-opted Member and Convener | Coordinated meetings, compiled reports, and facilitated discussions on constitutional objectives. |
Key Activities and Contributions
- Meetings:— The committee held two major sittings:
• New Delhi:— July 20-22, 1946
• Bombay:— August 15-17, 1946 - Prepared Notes:— The members prepared several notes addressing various constitutional issues, including provincial autonomy, the powers of the central government, and the status of princely states.
- Procedural Framework:— Discussed the procedure to be followed by the Constituent Assembly and the appointment of various committees.
- Drafted Objectives Resolution:— The committee drafted a resolution closely resembling the Objectives Resolution, which set the foundation for India’s constitutional goals.
Significance
Granville Austin, a constitutional expert, recognized the pivotal role of the Experts Committee in shaping India’s Constitution. Their efforts laid the groundwork for discussions in the Constituent Assembly, guiding India towards its present constitutional structure.
Criticism of the Constituent Assembly
The Constituent Assembly, despite being the architect of the Indian Constitution, faced several criticisms from its detractors. Critics have questioned its representative character, sovereignty, time consumption, and the composition of its members. Below are the detailed critiques categorized under specific headings and subheadings:
1. Not a Representative Body
One of the most prominent criticisms of the Constituent Assembly was its lack of representativeness.
- Election Process: Members of the Constituent Assembly were not directly elected by the people of India. Instead, they were indirectly elected by the members of the Provincial Legislative Assemblies, which themselves were elected on a limited franchise under the Government of India Act, 1935.
- Restricted Franchise: The franchise was based on property, tax, and educational qualifications, which excluded a large section of the population from participating in the electoral process.
- Universal Adult Suffrage Missing: Unlike modern democracies, universal adult suffrage was absent, making the Assembly’s composition unreflective of the true will of the people.
2. Not a Sovereign Body
Another criticism was that the Constituent Assembly was not an entirely sovereign body.
- British Proposals: The Assembly was created under the provisions of the Cabinet Mission Plan of 1946, which was a British initiative. Critics argued that the Assembly’s authority stemmed from colonial powers, limiting its independence.
- Sessions Under British Supervision: The Assembly conducted its sessions with the permission of the British Government, and many believed this compromised its autonomy.
3. Time-Consuming Process
The time taken by the Constituent Assembly to draft the Constitution also drew flak.
- Duration: The Assembly met for a total of 11 sessions over 2 years, 11 months, and 18 days. Critics compared this unfavorably with other countries. For instance:
- The United States Constitution was drafted in under four months (May 25 to September 17, 1787).
- The Australian Constitution required 9 years but involved multiple consultations.
- “Drifting Committee”: Naziruddin Ahmed, a member of the Assembly, mockingly referred to the Drafting Committee as the “Drifting Committee,” highlighting delays in the drafting process.
| Country | Constitution | Time Taken | Notes |
|---|---|---|---|
| United States | Constitution of the USA | 4 months (1787) | The Philadelphia Convention drafted the Constitution in a relatively short period. |
| Canada | Constitution Act, 1867 | 3 years (1864–1867) | Result of negotiations and conferences among British North American provinces. |
| Australia | Constitution of Australia | 9 years (1891–1900) | Drafted over a series of conventions and referendums before final approval. |
| South Africa | Constitution of South Africa | 2 years (1994–1996) | Drafted during the transition from apartheid to democratic rule. |
| Germany | Basic Law for the FRG | 1 year (1948–1949) | Drafted by the Parliamentary Council post-World War II under Allied supervision. |
| Japan | Constitution of Japan | 7 months (1946) | Drafted under the Allied occupation post-World War II, with significant U.S. input. |
| India | Constitution of India | 2 years, 11 months, 18 days (1946–1949) | Comprehensive drafting process, incorporating diverse views and extensive debates. |
4. Dominated by Congress
The Constituent Assembly was also criticized for being dominated by the Indian National Congress.
- Congress Influence: With 208 seats in the Assembly, the Congress held an overwhelming majority, enabling it to dictate the proceedings.
- Granville Austin’s Observation: The American constitutional expert Granville Austin remarked, “The Constituent Assembly was a one-party body in an essentially one-party country. The Assembly was the Congress, and the Congress was India.”
5. Lawyer-Politician Domination
Another critique was the over-representation of lawyers and politicians.
- Legal Jargon: Critics argued that the dominance of legal professionals led to the use of complex and verbose language in the Constitution, making it difficult for ordinary citizens to understand.
- Under-Representation of Other Groups: Farmers, workers, and other sections of society were inadequately represented, leading to an elitist approach in some provisions.
6. Dominated by Hindus
The Assembly was also accused of being a Hindu-majority body.
- Muslim League’s Boycott: The Muslim League’s decision to boycott the Assembly after the partition of India exacerbated the religious imbalance.
- Statements by Foreign Leaders: Lord Viscount Simon called it “a body of Hindus,” and Winston Churchill remarked that it represented “only one major community in India.”
Key Facts About the Constituent Assembly and the Constitution of India
- Symbol of the Assembly:— The elephant was chosen as the emblem of the Constituent Assembly, symbolizing strength and wisdom.
- Constitutional Advisor:— Sir B.N. Rau served as the constitutional advisor to the Assembly, playing a pivotal role in the drafting process by providing essential legal expertise.
- Assembly Secretary:— H.V.R. Iyengar held the position of Secretary to the Constituent Assembly, managing administrative functions and ensuring smooth proceedings.
- Chief Draftsman:— S.N. Mukherjee was responsible for the meticulous drafting of the Constitution, ensuring precision and clarity in its text.
- Calligraphy:— Prem Behari Narain Raizada, a skilled calligrapher, handwrote the original Constitution in an elegant italic style, showcasing the artistry of the document.
- Artistic Decoration:— Renowned artists from Shantiniketan, including Nand Lal Bose and Beohar Rammanohar Sinha, adorned the original manuscript with intricate artwork, enhancing its aesthetic appeal.
- Preamble Ornamentation:— Beohar Rammanohar Sinha specifically embellished and illuminated the Preamble, adding a distinctive artistic touch to this foundational text.
- Hindi Version Calligraphy:— The Hindi version of the Constitution was calligraphed by Vasant Krishan Vaidya, with Nand Lal Bose contributing to its decoration and illumination, ensuring both versions reflected cultural richness.
These facts highlight the collaborative efforts of various individuals and artists who contributed to making the Constitution of India a masterpiece of both legal and artistic significance.
Hindi Text of the Constitution
Initially, the Constitution of India did not provide for an official Hindi version. This changed with the 58th Constitutional Amendment Act of 1987, which added Article 394-A to Part XXII of the Constitution. This article outlines the following provisions:
- Presidential Authority:— The President is tasked with publishing the Hindi translation of the Constitution, ensuring it aligns with the style, language, and terminology of Central Acts in Hindi. It must incorporate all amendments made prior to publication. Additionally, every amendment to the Constitution in English must also be translated into Hindi.
- Legal Status:— The Hindi translation of the Constitution and its amendments are to be considered legally equivalent to the original English text. If any issues arise, the President is responsible for revising the Hindi text accordingly.
- Authoritative Hindi Text:— The Hindi translation of the Constitution and its amendments is to be recognized as the official and authoritative version in Hindi for all legal purposes.
This amendment ensures that the Hindi-speaking population has access to the Constitution in their language, preserving its authenticity and legal standing.
Other Functions of the Constituent Assembly
The Assembly played a crucial role beyond drafting the Constitution:
- Ratified India’s Membership in the Commonwealth:— May 1949.
- Provisional Parliament:— Continued as India’s legislative body until the first general elections in 1951-52.
Results of the Elections to the Constituent Assembly (July-August 1946)
| S. No | Name of the Party | Seats Won |
|---|---|---|
| 1 | Congress | 208 |
| 2 | Muslim League | 73 |
| 3 | Unionist Party | 1 |
| 4 | Unionist Muslims | 1 |
| 5 | Unionist Scheduled Castes | 1 |
| 6 | Krishak Praja Party | 1 |
| 7 | Scheduled Castes Federation | 1 |
| 8 | Sikhs (Non-Congress) | 1 |
| 9 | Communist Party | 1 |
| 10 | Independents | 8 |
| Total | 296 | 296 |
Allocation of Seats in the Constituent Assembly of India (1946)
| S. No | Areas | Seats |
|---|---|---|
| 1 | British Indian Provinces (11) | 292 |
| 2 | Princely States (Indian States) | 93 |
| 3 | Chief Commissioners’ Provinces (4) | 4 |
| Total | 389 |
Community-wise Representation in the Constituent Assembly (1946)
| S. No | Community | Strength |
|---|---|---|
| 1 | Hindus | 163 |
| 2 | Muslims | 80 |
| 3 | Scheduled Castes | 31 |
| 4 | Indian Christians | 6 |
| 5 | Backward Tribes | 6 |
| 6 | Sikhs | 4 |
| 7 | Anglo-Indians | 3 |
| 8 | Parsees | 3 |
| Total | 296 |
Women Members of the Constituent Assembly
| S. No | Name | Constituency |
|---|---|---|
| 1 | Ammu Swaminathan | Madras/General |
| 2 | Annie Mascarena | Travancore and Cochin Union |
| 3 | Begum Aizaz Rasul | United Provinces/Muslim |
| 4 | Daxshayani Velayudan | Madras/General |
| 5 | G. Durgabai | Madras/General |
| 6 | Hansa Mehta | Bombay/General |
| 7 | Kamla Chaudhry | United Provinces/General |
| 8 | Leela Roy | West Bengal/General |
| 9 | Malati Chowdhury | Orissa/General |
| 10 | Purnima Banerji | United Provinces/General |
| 11 | Rajkumari Amrit Kaur | Central Provinces and Berar/General |
| 12 | Renuka Ray | West Bengal/General |
| 13 | Sarojini Naidu | Bihar/General |
| 14 | Sucheta Kripalani | United Provinces/General |
| 15 | Vijayalakshmi Pandit | United Provinces/General |
Note: In total, the Constituent Assembly had 15 women members.
Source: Selected Speeches of Women Members of the Constituent Assembly, Rajya Sabha Secretariat, 2012.
Challenges Faced by the Constituent Assembly
- Partition and Communal Tensions:— The partition created significant unrest and disrupted the Assembly’s functioning.
- Integration of Princely States:— Convincing princely states to join the Assembly was a complex task.
- Diversity and Representation:— Balancing regional, linguistic, and communal interests required careful deliberation.
Legacy of the Constituent Assembly
A Progressive Constitution
The Constitution of India, shaped by the Assembly, established a framework for:
- Democracy: With universal adult franchise.
- Justice: Social, economic, and political.
- Equality: Regardless of caste, gender, or religion.
Inspiration for Other Nations
- The Indian Constitution became a model for newly independent nations worldwide.
Preservation of Unity
- The Constitution laid the foundation for integrating a diverse and vast country.
| The Constituent Assembly of India was instrumental in crafting a Constitution that reflects the aspirations of its people. Despite numerous challenges, it succeeded in delivering a framework that guarantees justice, liberty, and equality. Its legacy continues to guide India’s democratic journey, ensuring that the principles of governance remain rooted in the will of the people. |
Additional Insights on the Constituent Assembly and Related Developments
Cabinet Mission (1946)
The Cabinet Mission, consisting of Lord Pethick-Lawrence, Sir Stafford Cripps, and A.V. Alexander, arrived in India on March 24, 1946.
- Purpose: To discuss and plan the transfer of power from British authorities to Indian leadership.
- Outcome: The Cabinet Mission published its plan on May 16, 1946, proposing a framework for India’s future governance, including the formation of the Constituent Assembly.
Composition and Representation
- British Indian Provinces (11): Madras, Bombay, United Provinces (UP), Bihar, Central Provinces, Orissa, Punjab, North-West Frontier Province (NWFP), Sindh, Bengal, and Assam.
- Chief Commissioners’ Provinces (4): Delhi, Ajmer-Merwara, Coorg, and British Baluchistan.
Limited Franchise Under the Government of India Act, 1935
Voting rights were restricted based on criteria such as tax payment, property ownership, and educational qualifications, limiting participation of the broader population in selecting Constituent Assembly members.
Participation of Princely States
Initially absent, representatives from princely states gradually joined, starting with six states on April 28, 1947: Baroda, Bikaner, Jaipur, Patiala, Rewa, and Udaipur.
Constituent Assembly as Dominion Legislature
On November 17, 1947, the Constituent Assembly assumed the role of the Dominion Legislature.
G.V. Mavalankar was elected as its Speaker.
Impact of Partition
The partition of India led to the creation of a separate Constituent Assembly for Pakistan.
Areas such as West Punjab, East Bengal, NWFP, Sindh, Baluchistan, and Sylhet District of Assam became part of Pakistan.
Provisional Parliament and Elected Legislature
The Provisional Parliament functioned until April 17, 1952.
In May 1952, the first fully elected Parliament of India, with two Houses, came into existence.
Referendum and Tribal Areas
Following the British Government’s June 3, 1947 statement, a referendum determined the fate of the NWFP and Baluchistan, which became part of Pakistan. The tribal areas in these regions were excluded from India’s Constituent Assembly jurisdiction.
Sub-Committee on Tribal Areas
- Khan Abdul Ghaffar Khan
- Khan Abdul Samad Khan
- Mehr Chand Khanna
(Information on the Chairperson of this committee is unavailable.)
Key Political Developments
These events highlight the complexities faced by the Constituent Assembly in drafting the Constitution amidst challenges like partition, princely states, and the establishment of an independent legislature.
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