Jonah Patel
The Indian Constitution, the supreme legal document of India, was framed by the Constituent Assembly of India, which had over 300 members from various committees and communities of India. The Assembly included lawyers, constitutional experts, and leading politicians like Jawaharlal Nehru and Dr Rajendra Prasad. The idea of a Constituent Assembly for India was first proposed by M.N. Roy in 1934, and it was constituted under the Cabinet Mission Plan of 1946. The Assembly held its first meeting on December 9, 1946, and the drafting committee, chaired by Dr B.R. Ambedkar, was set up in August 1947. The final draft of the Constitution was adopted by the Constituent Assembly on November 26, 1949, and it came into effect on January 26, 1950, marking India's transition to a sovereign, democratic republic.
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What You'll Learn
The Constituent Assembly of India
The Constituent Assembly was constituted under the Cabinet Mission Plan of 1946 and held its first meeting on 9 December 1946. It elected Dr Sachhidannand Sinha, the oldest member of the Assembly, as the Provisional President. The Assembly had over 300 members from the many communities of India, including lawyers, constitutional experts, and leading politicians such as Jawaharlal Nehru and Dr Rajendra Prasad. The Assembly met 11 times over 165 days between 1946 and 1949.
In August 1947, the Drafting Committee was set up under Dr Bhim Rao Ambedkar, whose job was to write the Constitution. The other members of the Drafting Committee included Alladi Krishnaswamy Aiyar from Madras and K.M. Munshi from Gujarat. The final draft of the Constitution was adopted by the Constituent Assembly on 26 November 1949 and it became effective on 26 January 1950, celebrated as Republic Day in India. The constitution was a critical event and a unique experience in the global history of constitution-making and democracy.
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The Drafting Committee
The Indian Constitution was framed by the Constituent Assembly of India, which had over 300 members from various committees and communities across the country. The Assembly included lawyers, constitutional experts, and leading politicians such as Jawaharlal Nehru (India's first Prime Minister) and Dr Rajendra Prasad (India's first President).
The Constituent Assembly was constituted under the Cabinet Mission Plan of 1946 and held its first meeting on December 9, 1946. It elected Dr Sachhidannand Sinha, its oldest member, as the Provisional President. The Assembly met 11 times over 165 days between 1946 and 1949.
In August 1947, the Drafting Committee was established under the chairmanship of Dr Bhim Rao Ambedkar. The committee also included Alladi Krishnaswamy Aiyar from Madras, K.M. Munshi from Gujarat, N. Gopalaswami, Mohammad Saadulla, B.L. Mitter, and D.P. Ambedkar. The committee's task was to write the Constitution.
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Public participation
The Indian Constitution was framed by the Constituent Assembly of India, which had over 300 members from various committees and communities of India. The Assembly included lawyers, constitutional experts, and leading politicians like Jawaharlal Nehru (the first Prime Minister of India) and Dr Rajendra Prasad (the first President of India).
The Constituent Assembly was constituted under the Cabinet Mission Plan of 1946 and held its first meeting on December 9, 1946. The Assembly elected Dr Sachhidannand Sinha, its oldest member, as the Provisional President.
The process of drafting the Constitution involved significant public participation. In February 1948, the Drafting Committee, chaired by Dr B.R. Ambedkar, submitted the Draft Constitution to the Assembly President. The Draft was then published and publicly circulated. Over the following months, the Committee received numerous comments, suggestions, and critiques from trade unions, lawyers, journalists, ministries, state governments, civic associations, and the general public. The Committee convened meetings to consider and deliberate on these responses, demonstrating a commitment to incorporating public input into the Constitution's final draft.
The Assembly also debated the inclusion of referendums in the Constitution. In September 1949, during a discussion on the official numeral system for India, members passionately advocated for different systems, including the international numeral system, the Hindi-Devanagari system, and the option of not adopting either. The debate highlighted the desire for referendums in various provinces, reflecting the will of the people. However, the President of the Assembly, Rajendra Prasad, reminded the members that the Assembly represented the will of the people and had the duty to frame the Constitution without the need for referendums.
While the Constitution-making process involved public participation, some scholars assume that the Indian public's involvement was limited. They argue that constitutional politics and its intricacies were beyond the imagination, interest, or capacity of the Indian people, and the process did not occupy their concerns. However, recent research challenges this notion, suggesting that the Assembly halls were one of many spaces where the Constitution was engaged with, debated, and contested, indicating a broader participation beyond the Assembly members.
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The role of Jawaharlal Nehru
The Indian Constitution was framed by the Constituent Assembly of India, which had over 300 members from various committees and communities across India. The Assembly included politicians, lawyers, and constitutional experts. Jawaharlal Nehru, India's first Prime Minister and a key leader of the Indian independence movement, played a significant role in the framing of the Indian Constitution.
In 1933, M.N. Roy first proposed the idea of a Constituent Assembly for India. Jawaharlal Nehru, as a member of the Indian National Congress (INC), played a crucial role in advocating for a Constituent Assembly to frame the Constitution of India. In 1938, on behalf of the INC, Nehru declared:
> "The Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of the adult franchise."
This demand was eventually accepted by the British Government in the 'August Offer' of 1940. The Constituent Assembly was formed under the Cabinet Mission Plan of 1946 and held its first meeting on December 9, 1946.
Nehru's influence on the Indian Constitution extended beyond the Assembly's formation. He was a passionate advocate for education and believed it to be essential for India's future progress. His commitment to constitutional norms in politics and governance contributed to the survival of India's constitutional democracy during its formative years. Additionally, Nehru played a pivotal role in shaping India's early foreign policy, particularly through the country's support for and membership in the Non-Alignment Movement.
Nehru's leadership during the framing of the Indian Constitution and his subsequent tenure as Prime Minister left an indelible mark on the country's political and educational landscape. His adherence to constitutional principles and his vision for a united and diverse India continue to shape the nation's identity.
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Adoption and implementation
The Indian Constitution was framed by the Constituent Assembly of India, which had over 300 members from various committees and communities across the country. The Assembly included lawyers, constitutional experts, and leading politicians such as Jawaharlal Nehru (India's first Prime Minister) and Dr Rajendra Prasad (India's first President). The Constituent Assembly held its first meeting on December 9, 1946, and elected Dr Sachhidannand Sinha, its oldest member, as the Provisional President.
The Assembly met 11 times over 165 days between 1946 and 1949. In August 1947, a Drafting Committee was established under Dr Bhim Rao Ambedkar, with the task of writing the Constitution. The committee included Alladi Krishnaswamy Aiyar from Madras, K.M. Munshi from Gujarat, N. Gopalaswami, Mohammad Saadulla, and B.L. Mitter. The Drafting Committee published the draft constitution for public comment, and the Indian public played an active and significant role in the constitution-making process.
On November 26, 1949, the Constituent Assembly adopted the final draft of the Constitution, and it came into effect on January 26, 1950, celebrated annually as Republic Day in India. The Constitution of India is the supreme legal document of the country and is the world's longest written national constitution. It outlines the fundamental political code, structure, procedures, powers, and duties of government institutions, as well as the fundamental rights, directive principles, and duties of citizens. The Constitution declares India a sovereign, socialist, secular, and democratic republic, guaranteeing its citizens justice, equality, and liberty, and promoting fraternity.
The Constitution repealed the Indian Independence Act 1947 and the Government of India Act 1935, which had served as the country's fundamental governing document when India was a dominion of the United Kingdom. With the enactment of the new Constitution, India ceased to be a dominion of the British Crown and became a fully sovereign nation.
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Frequently asked questions
The Indian Constitution was framed by the Constituent Assembly of India, which had over 300 members from various committees and communities of India.
The Constituent Assembly included lawyers, constitutional experts, and leading politicians, such as Jawaharlal Nehru and Dr Rajendra Prasad.
The Constituent Assembly first met on December 9, 1946, and elected Dr Sachhidannand Sinha, the oldest member, as the Provisional President.
The final draft of the Indian Constitution was adopted by the Constituent Assembly on November 26, 1949, and it became effective on January 26, 1950, India's Republic Day.
