Every independent state has its own constitution according to which the governance of that state is run. Only that constitution can contribute fully to the development of an independent nation which is made by the people of that nation themselves or by the Constituent Assembly of that nation. The representative assembly formed for the creation of the constitution is called the Constituent Assembly. Wherever the constitution is written, the constitution of independent states is usually made by the Constituent Assembly. Read more about MA History 4th Semester Notes here.
Formation of Constituent Assembly
The Constitution of India was also made by a Constituent Assembly which was established in 1946 under the Cabinet Mission Plan. This Constituent Assembly included the country’s famous leaders, lawyers and politicians, among whom the names of Dr. Rajendra Prasad, Jawaharlal Nehru, Sardar Patel, Maulana Azad, Govind Ballabh Pant, B.R. Ambedkar, Acharya Kripalani, Aladdi Krishanswami Ayyar, Sachchidanand Sinha and Sir feroz Khan noon are especially noteworthy.
The first session of the Constituent Assembly began on 9 December 1946 under the chairmanship of Sachchidanand Sinha, who was the oldest member of the Constituent Assembly. On 11 December, Dr. Rajendra Prasad was elected as the permanent President of the Constituent Assembly.
The most important committee among these was the Drafting Committee whose chairman was Dr. B. R. Ambedkar. The draft of the constitution prepared by this committee was discussed in the Constituent Assembly on 15 November 1948. It was passed by the Constituent Assembly on 26 November 1949. It took 2 years, 11 months and 18 days to prepare the constitution. The new constitution of India came into force on 26 January 1950.
The idea of a Constituent Assembly to frame the Constitution of India was first proposed by Mahatma Gandhi when he said that Swaraj will not be a free gift of the British people it will be declaration of India has full expression it is correct and true that it will be expressed through an act of Parliament but it will be mainly courteous ratification of the declared wishes of the people of India.
In 1924 Motilal Nehru presented the demand for formation of Constituent Assembly in front of the British Government but the Government did not pay any attention to it at that time. After this the idea of Constituent Assembly was formally presented by M. N. Roy and the work of popularizing it was done by Jawaharlal Nehru.
The Congress reiterated this demand at its Faizpur session on 28 December 1936 and a resolution passed there stated that The Congress stands for a genuine democratic state in India where political power be transferred to the people as a whole and the government is under their effective control such a state can only come into being through a constituent assembly elected by adult suffrage and having the power to determine finally the constitution of the country.
Although the British government did not want to accept the demand for an Indian Constituent Assembly, the requirements of the Second World War and national and international forces forced it to do so. Therefore, in the proposal of August 1940, the British government said that the Constitution of India would probably be prepared by the Indians themselves. After this, through the Cripps Plan of 1942, the British government accepted that an elected Constituent Assembly would be formed in India, which would prepare the Constitution of India after the war.
But the Congress found other points of Cripps’ suggestions inadequate, so these suggestions were further rejected and finally the proposal of the Indian Constituent Assembly was accepted under the Cabinet Mission Plan of 1946.
Composition of Constituent Assembly
The Constituent Assembly of India was the body responsible for drafting the Constitution of India. Its composition was carefully structured to represent the diversity of British India, both politically and socially.
In simple words, the Constituent Assembly means the assembly that makes the constitution for a country. In the history of the world, we find the first example of USA whose constitution was made by a Constituent Assembly, the Philadelphia Convention. After that in 1789, a constituent assembly was established to make the new consitution of France. In the 19th century, there was a demand for a constituent assemnbly in many other countries such as Europe and as a result of which constituent assemblies established there.
- The Constituent Assembly was formed under the Cabinet Mission Plan of 1946.
- It was not a directly elected body but was elected by the members of the provincial legislative assemblies through a system of proportional representation with single transferable vote.
- Total number of seats originally planned: 389, including:
- 292 from British Indian provinces
- 93 from princely states
- 4 from chief commissioner provinces (Delhi, Ajmer-Merwara, Coorg, and British Baluchistan)
- After the partition of India in 1947, the number of members was reduced to 299, because members from Pakistan withdrew.
- Members included:
- Representatives of the Indian National Congress (INC) (dominant party, with about 69% of seats initially)
- Muslim League (initially elected, but later boycotted the Assembly)
- Representatives from Scheduled Castes, minorities, and other interest groups
- 15 women members, including prominent leaders like Sarojini Naidu and Durgabai Deshmukh,
- Some notable Key Figures –
- Dr. Rajendra Prasad – President of the Assembly
- Dr. B.R. Ambedkar – Chairman of the Drafting Committee
- Jawaharlal Nehru – Proposed the Objectives Resolution
- Sardar Vallabhbhai Patel, Maulana Abul Kalam Azad, Alladi Krishnaswami Ayyar, and others – Prominent members
Committees of the Constituent Assembly
After passing the objective resolution, the Constituent Assembly was divided into various committees so that various aspects of the Constitution could be discussed in detail. The main committees among these were as follows –
- Union Powers Committee
- Chairman: Jawaharlal Nehru
- Purpose: This committee was responsible for deciding the distribution of powers between the Union and the States.
- Key Contributions:
- Helped in framing provisions for the distribution of legislative powers between the Union and State governments.
- It laid the groundwork for the Union List, State List, and Concurrent List as seen in Schedule VII of the Constitution.
- Provincial Constitution Committee
- Chairman: Jawaharlal Nehru
- Purpose: The committee was tasked with recommending the structure of provincial governments, including the powers and distribution of authority between the provinces and the Centre.
- Key Contributions:
- Played a key role in structuring the provincial autonomy provisions in the Constitution.
- Discussed the responsibilities of the provinces, their relationship with the Centre, and the specific powers they would have.
- Union Constitution Committee
- Chairman: Jawaharlal Nehru
- Date of Formation: It was one of the first committees formed after the Constituent Assembly began its work in December 1946.
- Key Objective:
- The committee was entrusted with the responsibility of recommending how the central government should be structured, particularly with regard to the relationship between the Union and the States.
- It also dealt with the powers and functions of the President, the Union Executive, the Parliament, and the Union Judiciary.
- Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas
- Chairman: Sardar Vallabhbhai Patel
- Members:
- G. B. Pant
- Jawaharlal Nehru
- Maulana Abul Kalam Azad
- B.R. Ambedkar
- Purpose: The committee focused on defining the Fundamental Rights of citizens and safeguarding the interests of minorities, tribal people, and people in excluded areas.
- Key Contributions:
- Played a significant role in formulating the Fundamental Rights section, which later became a critical part of the Constitution.
- It ensured that provisions for minorities (including religious and linguistic groups) and scheduled castes were included to protect their interests.
- Committee on Financial relations between Union and States
- Chairman: Rajkumari Amrit Kaur
- Date of Formation: The committee was formed in 1947, after the Constituent Assembly was established. It was part of the larger effort to define and structure the federal framework of the Indian Union, particularly regarding finances.
- Objective:
- The committee’s primary task was to recommend provisions that would regulate the division of fiscal powers and resources between the Union and the States.
- This included recommendations on taxes, revenues, borrowing powers, and fiscal policy.
- Committee on Chief Commissioner’s Provinces
- Chairman: Gopalaswami Ayyangar
- Date of Formation: The committee was formed during the proceedings of the Constituent Assembly in the mid-1940s.
- Objective: The committee was tasked with formulating proposals for how the Chief Commissioner’s Provinces would be represented in the Constitution of India. Specifically, it sought to:
- Decide the political and administrative status of these regions within the broader constitutional framework.
- Determine the distribution of powers between the Union and these regions.
- Decide whether these areas would remain under direct Union control or be incorporated into adjacent states.
Representatives of states in the contituent Assembly
The representatives of the princely states were nominated by the rulers of the respective princely states. Some princely states like Udaipur, Gwalior, Bikaner and Patiala had sent their representatives to the Constituent Assembly even before April 1947. While some other princely states like Hyderabad and Jammu and Kashmir had sent their representatives to the respective assembly after attaining independence and joining the Indian Union. Thus, the Constituent Assembly had elected members from the states and nominated members from the princely states.
Representative Nature of Constituent Assembly
Former Prime Minister of England, Thomas Churchill had said in 1946 that only one major caste of the country is represented in the Constituent Assembly of India. Supporting this fact, Lord Simon also said that “Constituent Assembly is an institution of Hindus”.
But this idea is not correct. Dr. Rajendra Prasad, who was the President of the Constituent Assembly, has clarified that a total of 296 members were to participate in the initial session of the Constituent Assembly, but only 210 of them were present. Out of those members, 155 were Hindus, 30 from scheduled castes, 5 Sikhs, 65 Indian Christians, 5 from backward tribes, 3 Anglo-Indians, 3 Parsis and 32 Muslim representatives were included. Since the representatives of the Muslim League had decided to boycott the Constituent Assembly, its representatives did not participate in it. Thus it becomes clear that except for the representatives of the Muslim League, representatives of all other classes participated in the Constituent Assembly. Hence, it was truly a Representative Assembly.
Framework of the Constitution
- First Draft of the Constitution –
- It was prepared by the office of the Constituent Assembly under the guidance of the Constitutional Advisor of the Constituent Assembly, B.N. Rao.
- Before preparing the draft, the office published important facts about the constitutions of about 60 countries in three books and their copies were given to the members of the assembly.
- After the first draft was prepared, the Chairman of the Constituent Assembly, Dr. Rajendra Prasad, sent the Constitutional Advisor Mr. B.N. Rao to America, Canada, Ireland and England etc. for discussions with the world’s leading constitutional experts.
- Status of the Constituent Assembly –
- When the Constituent Assembly was established in 1946, it was not a sovereign institution, but after the passing of the Indian Independence Act of 1947, it became completely sovereign.
- Now it had complete freedom in making the Constitution of India and there was no external control of any kind on it.
- Apart from this, the Constituent Assembly now had to work in two forms.
- In one form, it had to make the Constitution of India and
- In the other form, it had to make general laws for India (function of the Parliament).
- Appointment of Drafting Committee –
- A Drafting Committee was set up on 29 August, 1948 to prepare the draft of the Indian Constitution on the basis of the reports submitted by various committees.
- Its chairman was Dr. B. R. Ambedkar and other members were as follows –
- Gopal Swami Iyengar,
- Alladi Krishnaswamy Iyer,
- K.M. Munshi,
- B. L. Mittal,
- Syed Muhammad Sadula,
- T. T. Krishnamachari.
- Later N. Madhavrao was nominated in place of Mr. B. L. Mittal. D. P. Khaitan and B. N. Rao were the chief constitutional advisors of this committee.
- Mr. M. N. Mukherjee was the draftman of this committee.
- The draft prepared by this committee was considered in the Constituent Assembly on 15 November 1948. 7635 proposals were presented for amendment in the draft, out of which 2473 were considered.
- The third reading of the constitution began on 14 November 1949 and on 26 November 1949, the proposal put forward by Dr. Ambedkar to pass the constitution was passed.
- Dr. Rajendra Prasad signed it as the President of the Constituent Assembly. It took 2 years 11 months and 18 days to make this constitution.
- During this period, 11 sessions of the Constituent Assembly were held and it considered it for 165 days.
| Aspect | Details |
|---|---|
| Year Formed | 1946 (under Cabinet Mission Plan) |
| Membership | 389 total (292 provinces, 93 princely states, 4 chief commissioner areas) |
| Election Method | Indirect election (provinces), nomination (princely states) |
| First Meeting | December 9, 1946 |
| Key Leaders | Jawaharlal Nehru, Dr. B.R. Ambedkar, Sardar Patel, others |
| Key Output | Constitution of India (adopted 26 Nov 1949, effective 26 Jan 1950) |
Principles of ‘Consensus’ and ‘Accommodation’
The Indian Constitution was made by a Constituent Assembly. Although the Congress Party had a huge majority in the Constituent Assembly, this party never tried to impose any decision on the basis of its majority. According to Granville Austin, two processes adopted in the making of the Indian Constitution – (i) decision by consensus and (ii) the principle of adjustment – have made an important contribution.
The Constituent Assembly of India adopted the principles of consensus and accommodation as key approaches while drafting the Constitution. These principles helped ensure that the Constitution reflected the diverse interests, cultures, religions, and political views of a newly independent and highly diverse country.
Principle of Consensus
Consensus refers to a general agreement or collective decision-making process, where decisions are made with the broad support of all sections rather than by majority rule alone. The principle of consensus allowed for broad-based agreement and avoided majoritarian domination.
- Consensus refers to decision-making by unanimity or near unanimity rather than simple majority voting. It was based on the belief that majority rule alone might not be suitable for resolving deep political conflicts in a diverse society like India.
- This approach ensured that decisions, especially on sensitive issues such as federal structure and language policies, had broad-based support across different communities and political groups.
- The Assembly’s consensus-building process was inspired by traditional Indian governance practices like the panchayat, which emphasized dialogue, mutual respect, and collective agreement rather than adversarial majority rule.
- Consensus helped create a sense of ownership and legitimacy for the Constitution among various groups, fostering unity in a pluralistic society.
- Leaders like Nehru, Patel, Ambedkar, and Prasad played key roles in building bridges between opposing viewpoints.
Principle of Accommodation
Accommodation means adjusting or compromising to include diverse interests and identities within a common constitutional framework. The principle of accommodation ensured inclusion and representation of India’s diversity.
- Accommodation went beyond mere compromise (which implies a 50:50 split) to mean a creative reconciliation and harmonization of diverse and sometimes conflicting interests.
- It involved finding a “third way,” a nuanced middle path that included multiple shades of grey rather than black-and-white solutions.
- The Constituent Assembly accommodated diverse ideological, cultural, and regional demands by integrating seemingly incompatible concepts, such as combining federalism with a strong central government, and republicanism with Commonwealth membership.
- Accommodation was also reflected in the inclusion of directive principles that allowed for gradual realization of social and economic goals, balancing radical demands with pragmatic governance through strategies like containment and constitutional incrementalism.
- This approach ensured that dissenting groups felt recognized and included without alienating opposing groups, maintaining the overall cohesion of the constitutional project.
- Scheduled Castes and Tribes were given affirmative action (reservations) in education, employment, and legislatures.
- Linguistic diversity was addressed by recognizing multiple official languages and postponing the decision on a national language to avoid conflict.
| Principle | Description | Purpose/Effect |
|---|---|---|
| Consensus | Decision-making by unanimity or near unanimity, inspired by Indian traditions of collective agreement | Ensured broad support and legitimacy for constitutional provisions |
| Accommodation | Creative reconciliation of diverse interests beyond simple compromise, finding a “third way” | Harmonized conflicting demands, included minorities and dissenters, and balanced radical and moderate views |
Causes/factors responsible for the success of these principles
- Leadership with Vision and Maturity
- Strong, visionary leaders like Jawaharlal Nehru, Sardar Patel, Dr. B.R. Ambedkar, Rajendra Prasad, and others played key roles in building bridges among conflicting interests.
- They prioritized national interest over partisan or personal agendas.
- Leaders often compromised and persuaded others, avoiding confrontation.
- Shared Nationalist Legacy
- Most members of the Constituent Assembly had participated in the freedom struggle, which created a shared sense of purpose and unity.
- The desire to build a strong, independent, and united India was a unifying factor.
- This common background made it easier to accommodate differences.
- Elite Agreement on Key Principles
- There was significant agreement among the political elite on fundamental issues such as the desirability of a parliamentary system, federal structure, and protection of minority rights.
- This elite consensus made it easier to reconcile differences and move forward collectively.
- Flexible Decision-Making Mechanisms
- The Assembly did not rely solely on majority voting; instead, it used methods like requiring high thresholds for decision-making and informal mechanisms for resolving disputes, which encouraged members to work towards consensus rather than confrontation.
- Skilled Drafting and Committee Work
- Much of the contentious work was done in smaller committees, such as the Drafting Committee led by Dr. Ambedkar.
- These committees allowed for focused discussion, careful compromise, and fine-tuning before issues reached the full Assembly.
- Use of Directive Principles for Accommodation
- The inclusion of Directive Principles of State Policy allowed ideological dissenters to see their concerns reflected in the Constitution, even if not immediately realized.
- This strategy of containment (limiting the immediate impact) and incrementalism (deferring realization to the future) helped keep diverse groups engaged in the constitutional process.
- Sense of Historic Responsibility
- Members understood they were framing a Constitution for future generations, which encouraged a long-term, nation-first approach.
- There was a desire to avoid the mistakes of other post-colonial states that fell into conflict soon after independence.
- Representation and Inclusion of Minorities
- Special efforts were made to ensure representation and participation of minorities and marginalized groups.
- Provisions such as reserved seats and joint electorates for Scheduled Castes and minorities demonstrated a commitment to inclusive decision-making.
- Culture of Dialogue and Mutual Respect
- Drawing from Indian traditions of collective decision-making (like the panchayat system), the Assembly fostered a culture of dialogue, mutual respect, and conciliation, which was crucial in resolving contentious issues without alienating any group.
- Public Consultation and Civic Education
- Mechanisms for gathering public opinion and educating people about constitutional options helped legitimize the process and ensured that the Assembly’s decisions reflected broader societal aspirations.
| Factor | Contribution to Success |
|---|---|
| Shared vision among leaders | Fostered cooperation and unity |
| Elite agreement on fundamentals | Enabled resolution of major issues |
| Flexible decision-making mechanisms | Encouraged consensus over confrontation |
| Use of directive principles | Accommodated dissenters, deferred conflicts |
| Willingness to compromise | Enabled creative, balanced solutions |
| Inclusion of minorities | Ensured broad-based legitimacy |
| Culture of dialogue and respect | Reduced polarization, built trust |
| Public consultation and civic education | Reflected societal aspirations, enhanced legitimacy |
Perceptions of the consitution makers about the future Indian policy
The Constitution-makers of India had a clear and thoughtful vision for the future Indian polity (i.e., the political system and structure). Their perceptions were shaped by the freedom struggle, India’s diverse social realities, and global democratic ideals. Their perceptions were shaped by the experiences of colonial rule, the diversity of Indian society, and the aspirations of the freedom movement. The following key themes capture their perspectives:
- Commitment to Sovereignty, Democracy, and Republic
- The Assembly was determined to establish India as an independent, sovereign republic where the ultimate authority rested with the people.
- There was a clear resolve that the new polity would be free from external control and would derive its legitimacy from the will of its citizens.
- The Constitution-makers envisioned India as a sovereign democratic republic.
- They believed in a parliamentary system with elected representatives responsible to the people.
- They emphasized universal adult franchise to empower all citizens equally, regardless of caste, class, or gender.
- Secularism and Inclusivity
- The Assembly envisioned a secular polity, where the state would not favor any religion and all citizens would be treated equally regardless of faith.
- Religion was to be separated from politics to maintain communal harmony.
- Minorities were given fundamental rights and cultural protections.
- There was a strong commitment to accommodate India’s diversity, providing adequate safeguards for minorities, backward and tribal areas, and marginalized communities.
- Social and Economic Justice
- The future Indian polity was expected to remove centuries-old social injustices, especially caste discrimination and untouchability.
- The Constitution included affirmative action (reservations) for Scheduled Castes, Scheduled Tribes, and later, other backward classes.
- Through Directive Principles, they hoped for a welfare state—providing education, health, and economic equality.
- The Objective Resolution, moved by Jawaharlal Nehru, reflected the vision of securing justice—social, economic, and political—for all citizens.
- The Constitution was intended to guarantee equality of status and opportunity.
- Protection of Fundamental Rights and Individual Liberties
- The Constitution makers emphasized the protection of fundamental rights such as freedom of thought, expression, belief, faith, and worship, ensuring that individual liberties would be safeguarded against state excesses.
- Federal Structure with Strong Centre
- The Constitution makers opted for a federal system that balanced regional autonomy with a strong central government, to maintain unity and integrity while respecting regional aspirations.
- Language issues were addressed with compromise (e.g., Hindi as official language, English for continued use, recognition of regional languages).
- Recognizing India’s linguistic, regional, and cultural diversity, the Constitution-makers wanted a strong but flexible Union.
- Parliamentary System of Government
- After extensive debate, the Assembly chose a parliamentary system over a presidential one, favoring greater accountability and representation.
- This choice was seen as best suited to India’s pluralistic society and historical experience.
- Strong but Accountable Institutions
- The Constitution created an independent judiciary, a powerful but accountable executive, and a responsive legislature.
- The makers believed these institutions would act as guardians of the Constitution and check each other’s powers.
- Peaceful and Progressive Change
- The Constitution was made flexible enough to evolve with time through amendments.
- Yet, core principles like basic structure, fundamental rights, and democracy were to remain intact.
- They expected political maturity to guide future reforms peacefully.
- The Constitution was designed to be flexible and adaptable, allowing for amendments to meet future challenges and changing needs of society.
- The makers believed that the Constitution should provide a stable framework but not be so rigid as to become obsolete.
| Vision Area | Perception of Constitution-Makers |
|---|---|
| Democracy | Equal political rights and participation |
| Secularism | Religious freedom, no state religion |
| Social Justice | End of caste oppression and inequality |
| Economic Justice | Welfare state, reduction of poverty |
| Federalism | Strong Centre with state autonomy |
| Unity | Integration of diverse groups |
| Institutions | Independent judiciary, accountable government |
| Citizenship | Informed, responsible, and ethical citizens |
“We are now going to enter a life of contradictions… We must remove contradiction at the earliest moment or else those who suffer from inequality will blow up the structure.” — Dr. B.R. Ambedkar.
Main Sources of Indian Constitution
The Indian Constitution is one of the most detailed and comprehensive constitutions in the world. It did not emerge in a vacuum—it was inspired by a variety of sources, both Indian and foreign. The framers of the Constitution borrowed the best principles and institutions from other countries and adapted them to suit India’s social, cultural, and political context.
The sources of Indian contitution can be divided into two groups –
- Seminal Sources
- Developing Sources
Seminal Sources
s