Malcolm Rivera
The Constitution of India is the supreme legal document of India and the world's longest written national constitution. It was adopted by the Constituent Assembly of India on 26 November 1949 and came into effect on 26 January 1950, replacing the Government of India Act 1935 as the country's fundamental governing document. The process of drafting the Constitution of India began in 1946, with the Constituent Assembly formally commencing its task of framing the Constitution on 13 December 1946. The Assembly held 11 sessions and met for 166 days, with the final session taking place on 24 January 1950. The Constitution was signed by members of the Constituent Assembly, including Jawaharlal Nehru, Rajendra Prasad, and Pattabhi Sitaramayya, on 24 and 26 January 1950. The original 1950 Constitution is preserved in a nitrogen-filled case at the Parliament Library Building in New Delhi.
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What You'll Learn
The Constituent Assembly of India
The Constituent Assembly formally began the task of framing the Constitution of India on 13 December 1946. 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. On 22 January 1947, the Constituent Assembly adopted the Resolution.
The Constituent Assembly set up a Drafting Committee to formulate a Draft Constitution of India. The Drafting Committee was chaired by Dr B.R. Ambedkar, who is widely considered to be the architect of the Constitution of India. The Committee scrutinised the Draft Constitution prepared by the Constitutional Advisor, B.N. Rau, 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 21 February 1948.
The revised Draft Constitution was then submitted to the President of the Constituent Assembly on 3 November 1949 and introduced in the Assembly on 14 November 1949. The Constitution was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950, with a democratic government system. This date was chosen as it was when the Declaration of Indian Independence, or Purna Swaraj, was proclaimed by the Indian National Congress in 1930.
The original 1950 Constitution is preserved in a nitrogen-filled case in the Parliament Library Building in New Delhi.
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The role of Jawaharlal Nehru
Jawaharlal Nehru, India's first Prime Minister, played a significant role in the making of the Indian Constitution and in shaping modern India's government and political culture.
Nehru was born on 14 November 1889 in Allahabad to a Kashmiri Pandit family. His father, Motilal Nehru, was a wealthy barrister and a prominent figure in the Indian national movement. Nehru was educated at elite institutions, including Harrow School and Trinity College, Cambridge, and trained in law at Inner Temple, London. He later joined the Indian National Congress and played an influential role in the non-cooperation movement launched by Mahatma Gandhi in 1920, leading political activities in the United Provinces (now Uttar Pradesh). He was imprisoned multiple times between 1921 and 1945 for his participation in the independence movement.
Nehru's role in the making of the Indian Constitution began in 1946, when he addressed the Constituent Assembly on 10 December. He was a key leader of the Indian National Congress and the Independence movement, and his contributions to the Constitution were both philosophical and practical. Nehru advocated for a democratic form of government and parliamentary democracy, and he played a key role in India's transition to an independent republic. He also contributed to the establishment of independent India's foreign policy, based on the principles of peace and universal brotherhood, and supported the Non-Alignment Movement.
Nehru's commitment to constitutional norms and his adherence to them in politics and governance during his 17-year leadership as Prime Minister are credited with the survival of India's constitutional democracy. He also played a crucial role in convincing most of the princely states to sign the articles of integration with India, ensuring the country's unity.
Nehru's birthday is celebrated as Children's Day across India, recognising his advocacy for children's rights. He considered children the real strength of a nation and the foundation of society. He also contributed significantly to education in India, creating a system that provided universal primary education and establishing world-class educational institutions.
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The role of Dr B.R. Ambedkar
Dr. Bhimrao Ramji Ambedkar, also known as Babasaheb Ambedkar, was an Indian jurist, economist, social reformer and political leader. He played a pivotal role in shaping the constitutional framework of independent India and is widely recognised as the "Father of the Indian Constitution".
Ambedkar was appointed as the Chairman of the Drafting Committee of the Constitution for the future Republic of India. As Chairman, he led the efforts to create a comprehensive and inclusive constitution that would govern the nation. His deep knowledge and expertise in law, as well as his international exposure and engagement with other constitutional experts, made him an ideal candidate for this task. Ambedkar's own experiences of facing discrimination as a member of the Dalit community gave him a unique perspective on the challenges faced by marginalised groups. This guided his efforts to incorporate provisions in the Constitution that aimed to uplift and empower these communities.
Ambedkar emphasised the importance of fundamental rights as a cornerstone of democracy and played a crucial role in ensuring that the Constitution included robust provisions to protect the rights and freedoms of all citizens, regardless of their background. He also advocated for extensive economic and social rights for women and won the Assembly's support for introducing a system of reservations. In addition, Ambedkar was a key figure in social movements that fought for the rights of Dalits, founding the 'Bahishkrit Hitakarini Sabha' in 1924 for the social upliftment of the 'depressed classes' with the motto: "Educate, Agitate, Organise".
On 4 November 1948, Ambedkar introduced the Draft Constitution to the Assembly, defending the inclusion of administrative provisions by invoking 'constitutional morality'. He argued that India must strive to be a social democracy, recognising liberty, equality, and fraternity as the principles of life. The Constitution was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950, with a democratic government system. Ambedkar's tireless efforts for social reform, advocacy for Dalit rights, and his invaluable role in drafting the Indian Constitution have left a lasting legacy, with his work continuing to inspire generations.
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The role of women in the Constituent Assembly
The Constituent Assembly of India, formed in 1946, consisted of 389 members, out of whom only 15 were women. These women played a crucial role in advocating for a progressive and inclusive India, and their contributions have had a lasting impact on Indian society. They brought diverse perspectives and experiences to the table, influencing discussions on fundamental rights and social justice.
Women in the Constituent Assembly faced numerous challenges, including sexism and patriarchal mores in their personal lives. They were often ridiculed and dismissed by their male counterparts, and many women leaders who advocated for progressive policies encountered significant roadblocks. Despite these obstacles, women like Ammu Swaminathan, a social worker and politician who helped form the Women's India Association in 1917, and Annie Mascarene, strongly advocated for democratic principles and equal rights for all citizens. Begum Aizaz Rasul also played a vital role in representing minority rights and promoting an inclusive framework for the new nation.
Hansa Mehta, another female member of the Constituent Assembly, stated: "It will warm the heart of many a woman to know that free India will mean not only equality of status but equality of opportunity." Vijaya Lakshmi Pandit, another female member, reflected on the progress towards freedom, noting that "Imperialism dies hard... even though it knows its days are numbered, it struggles for survival."
The work of these women laid the foundation for future generations to engage in politics and governance, and their contributions continue to inspire. They advocated for a more inclusive and equitable society, pushing for provisions to ensure equal rights for women in various aspects of life. Their role in shaping the nation's constitution was crucial, and they ensured that women's voices were heard in the political sphere.
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The process of drafting and revising the constitution
The Constitution of India was drafted and revised by the Constituent Assembly of India, which first met on 9 December 1946. The Constituent Assembly formally began the process of framing the Constitution of India on 13 December 1946, with Jawaharlal Nehru moving the Objectives Resolution. This resolution aimed to declare India an independent sovereign republic and create a constitution to govern its future. The resolution established general principles to guide the Constituent Assembly's work.
The Constituent Assembly was elected in 1946, with the Congress Party winning 208 of the 296 seats and the Muslim League 73. However, relations between the two parties deteriorated, and the Muslim League demanded a separate assembly for Muslims. After independence, members representing areas that became part of Pakistan had to be replaced, and new elections were held.
Based on the reports of various committees and discussions in the Constituent Assembly, B.N. Rau, the Constitutional Adviser to the Constituent Assembly, prepared a Draft Constitution. The Drafting Committee was set up on 29 August 1947 to scrutinise the draft prepared by the Constitutional Adviser, along with other notes, reports, and memoranda. The Drafting Committee was chaired by Dr B.R. Ambedkar, who is widely considered the architect of the Constitution of India. The committee made changes to the draft and submitted its final version to the President of the Constituent Assembly on 21 February 1948.
After the Draft Constitution was submitted to the President of the Constituent Assembly, it was published and circulated among the public. A Special Committee comprising members of other committees scrutinised the comments, critiques, and suggestions received from the public. The Draft Constitution was then revised in accordance with decisions made in the Constituent Assembly, including renumbering articles, making minor language changes, and adding or removing clauses. The revised draft was submitted to the President of the Constituent Assembly on 3 November 1949 and introduced in the Assembly on 14 November 1949.
The Constituent Assembly adopted the final Constitution on 26 November 1949, and it came into effect on 26 January 1950, with India becoming a sovereign, democratic republic. The Constitution replaced the Government of India Act 1935 as the country's fundamental governing document. The original 1950 Constitution is preserved in a nitrogen-filled case at the Parliament Library Building in New Delhi.
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Frequently asked questions
The Constitution of India was adopted on 26 November 1949 and came into effect on 26 January 1950.
The Constitution of India was made by the Constituent Assembly of India. It was signed by members of the Constituent Assembly, including Rajendra Prasad, Jawaharlal Nehru, and Pattabhi Sitaramayya. Dr. B.R. Ambedkar, the chairman of the Drafting Committee, is considered the architect of the Constitution of India.
The Constitution of India is the supreme legal document of India and the world's longest written national constitution. It lays out the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out the fundamental rights and duties of citizens.
The Constitution of India was made to replace the Government of India Act 1935 as the country's fundamental governing document. It completed the transition of India from a dominion of the British Crown to a sovereign, democratic republic.
