Constituent Assemmbly and Making of the Constitution
The Constitution of India is the supreme law of the country and forms the foundation of its democratic system. It was drafted by the Constituent Assembly, a representative body established to frame a Constitution that reflected the ideals, aspirations, and diversity of the Indian people. The process of constitution-making involved extensive debates, committee deliberations, and careful examination of various constitutional principles. Spanning nearly three years, this historic exercise resulted in the adoption of one of the world’s lengthiest written constitutions, which came into force on 26 January 1950 and continues to guide the governance of independent India.
Formation of the Constituent Assembly
Establishment
- The Cabinet Mission Plan (1946) proposed the establishment of a Constituent Assembly for framing the Constitution of India.
Election of Members
- Members of the Constituent Assembly were indirectly elected by the Provincial Legislative Assemblies.
Allocation of Seats
- Seats were allotted to each Province and Princely State in proportion to their population, following the principle of One Seat for Every One Million (10 lakh) Population.
- Within each Province, seats were distributed among the three major communities:
- General
- Muslim
- Sikh
Important Committees and Their Chairmen
| Committee | Chairman |
|---|---|
| Committee on the Rules of Procedure | Dr. Rajendra Prasad |
| Steering Committee | Dr. Rajendra Prasad |
| Finance and Staff Committee | Dr. Rajendra Prasad |
| Ad-hoc Committee on the National Flag | Dr. Rajendra Prasad |
| Union Constitution Committee | Pt. Jawaharlal Nehru |
| Union Powers Committee | Pt. Jawaharlal Nehru |
| States Committee | Pt. Jawaharlal Nehru |
| Advisory Committee on Fundamental Rights, Minorities, Tribal and Excluded Areas | Sardar Vallabhbhai Patel |
| Drafting Committee | Dr. B. R. Ambedkar |
| Credential Committee | Alladi Krishnaswamy Ayyar |
| House Committee | B. Pattabhi Sitaramayya |
| Order of Business Committee | K. M. Munshi |
| Committee on the Functions of the Constituent Assembly | G. V. Mavalankar |
| Minorities Sub-Committee | H. C. Mookherjee |
| Fundamental Rights Sub-Committee | J. B. Kripalani |
| North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee | Gopinath Bordoloi |
| Excluded and Partially Excluded Areas (Other than Assam) Sub-Committee | A. V. Thakkar |
Composition of the Constituent Assembly
Original Strength
- The original strength of the Constituent Assembly was 385 Members.
- It consisted of:
- 292 Representatives from the British Indian Provinces
- 93 Representatives from the Princely States
Strength After Partition
- After the Partition of India, the strength of the Assembly was reduced to 299 Members.
- Out of these, 284 Members were present on 26 November 1949 to sign the finally adopted Constitution.
Sessions of the Constituent Assembly
First Meeting
- The Constituent Assembly held its first meeting on 9 December 1946 for Undivided India.
Reconstitution After Independence
- Following Independence, it reassembled on 14 August 1947 as the Sovereign Constituent Assembly of the Dominion of India.
Time Taken to Frame the Constitution
- The Constituent Assembly took 2 Years, 11 Months and 18 Days to complete the framing of the Constitution of India.
Objective Resolution
Introduction
- The Objective Resolution was moved by Pt. Jawaharlal Nehru during the first session of the Constituent Assembly on 13 December 1946.
Adoption
- After detailed deliberations, it was adopted on 22 January 1947.
Objectives of the Resolution
National Unity
- To strengthen the unity of India and establish a Sovereign Democratic Republic through a Written Constitution.
Federal Structure
- To establish a Federal System of Government with a clear division of powers between the Centre and the States.
Fundamental Rights
- To guarantee Justice, Liberty, Equality, and Freedom of Thought, Expression, Belief, Faith, Worship, Vocation, Association, and Action to all citizens.
Protection of Weaker Sections
- To provide adequate safeguards for:
- Minorities
- Backward Classes
- Tribal Areas
- Depressed Classes
- To provide adequate safeguards for:
National Integrity
- To preserve the Unity and Integrity of India and safeguard the nation’s territorial, land, sea, and air sovereignty in accordance with Justice and International Law.
International Peace
- To secure for India an honourable place among nations and contribute towards the promotion of World Peace and the Welfare of Mankind.
Drafting Committee
Appointment
- The Constituent Assembly constituted the Drafting Committee on 29 August 1947.
- Dr. B. R. Ambedkar was appointed as its Chairman.
Draft Constitution
- The Drafting Committee submitted the Draft Constitution to the President of the Constituent Assembly on 21 February 1948.
Members of the Drafting Committee
- Dr. B. R. Ambedkar (Chairman)
- N. Gopalaswamy Ayyangar
- Alladi Krishnaswamy Ayyar
- K. M. Munshi
- Mohammad Saadullah
- B. L. Mitter (later replaced by N. Madhava Rao)
- D. P. Khaitan (after his death, replaced by T. T. Krishnamachari)
Adoption of the Constitution
Final Reading
- The Third and Final Reading of the Draft Constitution was completed on 26 November 1949.
- On the same day, the President of the Constituent Assembly signed the document, and the Constitution was declared passed.
Immediate Enforcement
Certain provisions relating to:
- Citizenship
- Elections
- Provisional Parliament
- Transitional Provisions
came into force immediately on 26 November 1949.
Date of Commencement
- The remaining provisions of the Constitution of India came into force on 26 January 1950, which is officially known as the Date of Commencement of the Constitution.