Omar Bennett
The Indian Constitution, which came into effect on 26 January 1950, is the result of a lengthy process that began with the demand for a Constituent Assembly in 1934. M.N. Roy, a Communist party leader, first proposed the idea, which was later taken up by the Congress party and accepted by the British government in 1940. The Constituent Assembly, which included representatives from various political parties, met for the first time in December 1946 and began the task of drafting the Constitution. The Assembly held elections in 1946, and after India gained independence in 1947, new elections were held to replace members who represented areas that became part of Pakistan. The Assembly worked on the Constitution through committees, debates, and amendments, and the final version was signed by its members on 24 January 1950. The Indian Constitution is the supreme law of the land and has been amended numerous times, making it one of the most frequently amended constitutions globally.
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What You'll Learn
The Constituent Assembly
The Assembly's constitutional advisor, Sir B.N. Rau, was responsible for the constitution's general structure. Rau's initial draft, prepared in February 1948, consisted of 243 articles and 13 schedules. This draft was considered, debated, and amended by a seven-member drafting committee, appointed on 29 August 1947, with B.R. Ambedkar as chair. The committee submitted a revised draft constitution to the assembly on 4 November 1947.
Several committees were established after the first session of the Constituent Assembly to examine and report on various aspects of the Constitution, including the Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas. These committees submitted their reports to the Constituent Assembly between April and August 1947. The Assembly discussed the general principles outlined in the recommendations, and these deliberations concluded on 30 August 1947.
The third reading of the Constitution ended on 26 November 1949, with the Constituent Assembly voting in favour of the motion proposed by Ambedkar. The final version of the Constitution was signed by the members of the Assembly on 24 January 1950 and came into effect on 26 January 1950. The Constituent Assembly was then transformed into a Provisional Parliament.
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The role of Jawaharlal Nehru
Jawaharlal Nehru, alongside Mahatma Gandhi, is considered the most significant figure in the Indian independence movement. He played a crucial role in shaping modern India's government and political culture, as well as its foreign policy. As India's first prime minister and external affairs minister, he was instrumental in the formation of the Indian Constitution.
Nehru's role in the formation of the Indian Constitution was significant. He was a dominant figure in Indian politics during the 1930s, promoting the idea of a secular nation-state in the 1937 provincial elections. This allowed the Indian National Congress, of which he was a member, to win the elections and form governments in several provinces. Nehru's advocacy for complete independence from British rule and his popularity led Mahatma Gandhi to designate him as his political heir.
Nehru's vision for India's constitution was clear. He wanted to free India through a new constitution, feed the starving, clothe the naked, and provide every Indian with the opportunity to develop themselves. He was committed to the idea of a secular nation-state and is specifically credited with writing Article 44 of the Indian Constitution, which states: "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." This article has formed the basis of secularism in India, although Nehru has faced criticism for its inconsistent application, particularly regarding Muslim personal law.
Nehru also played a pivotal role in ensuring that all princely states joined the Constituent Assembly, declaring that any princely state refusing to join would be treated as an enemy state. This stance, along with the efforts of Vallabhbhai Patel and V. P. Menon, led to the merger of all princely states with the Indian republic. Nehru's influence extended to the drafting process, with his views and recommendations guiding the work of the various subject committees.
Nehru's leadership during the constitution-making process was essential, especially given the tumultuous times following India's partition, which resulted in communal violence, destruction, and mass migration. He successfully steered the country toward democratic governance, a parliamentary democracy, and a new policy platform for economic reconstruction. Additionally, his advocacy for education laid the foundation for world-class educational institutions in India.
In summary, Jawaharlal Nehru's role in the formation of the Indian Constitution was pivotal. He provided leadership, a clear vision, and a commitment to secularism and democratic values. His influence on the content and direction of the constitution, as well as his guidance during challenging times, make him one of the key figures in the formation of the Indian Constitution.
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The drafting process
The Indian Constitution was formed through a long and detailed drafting process. The demand for a Constituent Assembly was made as early as 1934 by M.N. Roy, a Communist party leader. This demand was taken up by the Congress party and accepted by the British government in 1940.
In 1946, the British decided to examine the possibility of granting independence to India and dispatched a cabinet mission to India to hold discussions with representatives of British India and the Indian States. Following this mission and subsequent negotiations, a Constituent Assembly was elected by the provincial legislatures. The Constituent Assembly for undivided India met for the first time on December 9, 1946, and Jawaharlal Nehru moved the Objectives Resolution, which aimed to declare India as an Independent Sovereign Republic and create a Constitution to govern its future. The Resolution established general principles to guide the work of the Constituent Assembly, which it adopted on January 22, 1947.
On August 29, 1947, a seven-member Drafting Committee was constituted with Dr B.R. Ambedkar as Chairman to prepare a Draft Constitution. The Drafting Committee scrutinised the initial draft prepared by the Constitutional Advisor, Sir B.N. Rau, in February 1948, along with other notes, reports, and memoranda. After making changes, the committee submitted its final Draft Constitution to the President of the Constituent Assembly on February 21, 1948. The draft consisted of 243 articles and 13 schedules, which came to 395 articles and 8 schedules after discussions, debates, and amendments.
After the Draft Constitution was submitted, it was published and circulated among the public. Comments, critiques, and suggestions were received and scrutinised by a Special Committee comprising members of the Union Constitution Committee, Provincial Constitution Committee, Union Powers Committee, and the Drafting Committee itself. The Special Committee submitted its revised draft constitution to the assembly on November 4, 1947. Before adopting the constitution, the assembly held eleven sessions in 165 days.
The final version of the Constitution was signed by members of the Assembly on January 24, 1950, and it came into effect on January 26, 1950. The Constituent Assembly adopted the Constitution on November 26, 1949, and it was translated into Hindi by Raghu Vira, a distinguished linguist, scholar, politician, and member of the Constituent Assembly. The Constitution of India is the world's longest written constitution and is celebrated every year in India as Republic Day.
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The role of the Congress Party
The Congress Party played a pivotal role in the formation of the Indian Constitution. The demand for a Constituent Assembly was first made in 1934 by M.N. Roy, a Communist party leader. The Congress Party took up this cause, and in 1940, the British government accepted this demand, allowing Indians to draft their constitution. This agreement was known as the August Offer.
In 1946, the British government, considering granting independence to India, sent a cabinet mission to the country to discuss the framework for writing a constitution and to set up a constituent body and an executive council. The Constituent Assembly was then indirectly elected by the provincial legislatures, and it met for the first time on December 9, 1946, with the Congress Party holding a majority of the 296 seats.
Jawaharlal Nehru, a key member of the Congress Party, moved the Objectives Resolution, which aimed to declare India as an independent sovereign republic and create a constitution to govern its future. This resolution established the general principles that guided the Constituent Assembly's work. On January 22, 1947, the Constituent Assembly adopted this resolution.
The Congress Party's majority in the Constituent Assembly gave it significant influence over the constitution-drafting process. The party's members actively participated in the committees established to examine various aspects of the constitution, such as fundamental rights, minorities, tribal areas, and union and provincial powers. The Congress Party's influence extended to the Drafting Committee, chaired by B.R. Ambedkar, which was responsible for preparing the draft constitution.
The Congress Party's role in the constitution-making process was instrumental in shaping the fundamental principles and values of the Indian Constitution, which came into force on January 26, 1950, marking India's transition to a sovereign, democratic republic.
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The Indian Constitution's adoption and enforcement
The Indian Constitution was adopted and enforced after a long and complex process of negotiation and drafting. The final version of the Constitution was signed by members of the Constituent Assembly on 24 January 1950 and came into effect two days later, on 26 January 1950. This date is celebrated annually in India as Republic Day.
The Constituent Assembly, which was elected in 1946, met for the first time on 9 or 13 December 1946. The Assembly was tasked with framing the Constitution of India and establishing the country as an independent sovereign republic. The Assembly held eleven sessions in 165 days before adopting the Constitution.
The process of drafting the Constitution involved several committees, including the Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas, the Union Powers Committee, the Union Constitution Committee, and the Provincial Constitution Committee. These committees submitted their reports to the Constituent Assembly between April and August 1947. The Drafting Committee, appointed on 29 August 1947 with B. R. Ambedkar as chair, prepared a revised draft constitution, which was submitted to the Assembly on 4 November 1947. The draft constitution was prepared by the Constitutional Advisor, Sir B. N. Rau, and consisted of 243 articles and 13 schedules. After discussions, debates, and amendments, this was expanded to 395 articles and 8 schedules.
The final document drew upon the constitutions of many other countries. For example, the idea of a parliamentary form of government and single citizenship was borrowed from Britain, while the concept of fundamental rights and the government's federal structure came from the US. The Indian Constitution also repealed and replaced previous legislation such as the Government of India Act 1935 and the Indian Independence Act 1947.
The Constitution of India is the country's supreme law and defines the framework of basic political principles. It establishes the different government institutions, their procedures, powers, and duties, and contains fundamental rights, directive principles, and the duties of citizens. It is a written constitution and has been amended numerous times since its enactment.
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Frequently asked questions
The Indian Constitution was created to establish India as an independent sovereign republic.
The Constituent Assembly was responsible for drafting the Indian Constitution. The Assembly was made up of 296 seats, with the Congress Party winning 208 and the Muslim League 73. The Assembly was later transformed into a Provisional Parliament.
The Indian Constitution came into force on 26 January 1950. However, many of its articles came into force on 26 November 1949.
The Indian Constitution was based on the constitutions of many other countries. It borrowed ideas from the British parliamentary system, such as a parliamentary form of government and single citizenship. It also took the concept of fundamental rights and the government's federal structure from the US.
