Omar Bennett
The Indian Constitution was prepared by the Constituent Assembly of India, which was established to draft a constitution for the country. The Constituent Assembly was formed in 1946 under the Cabinet Mission Plan and consisted of 389 members, including 292 representatives of the provinces, 93 representatives of princely states, and four from the chief commissioner provinces. The Constituent Assembly set up a seven-member Drafting Committee on 29 August 1947, under the chairmanship of Dr B.R. Ambedkar, to prepare a draft constitution. The committee submitted its final draft constitution to the President of the Constituent Assembly on 21 February 1948, after which it was published and circulated for public discussion. The constitution was adopted by the Constituent Assembly on 26 November 1949 and became effective on 26 January 1950, marking India's transition from a dominion to a sovereign, democratic republic.
| Characteristics | Values |
|---|---|
| Date of commencement of framing | 13 December 1946 |
| Date of adoption of the Objectives Resolution | 22 January 1947 |
| Date of appointment of B.N. Rau as adviser | 11 July 1946 |
| Date of first session of the Constituent Assembly | 9 December 1946 |
| Date of completion of the Draft Constitution | October 1947 |
| Date of submission of the Draft Constitution to the Drafting Committee | 27 October 1947 |
| Date of submission of the revised Draft Constitution to the assembly | 4 November 1947 |
| Number of sessions held by the assembly | 11 |
| Number of days taken to draft the constitution | 114 or 141 |
| Number of members in the Constituent Assembly | 389 (299 after partition) |
| Number of articles in B.N. Rau's draft | 243 |
| Number of schedules in B.N. Rau's draft | 13 |
| Number of articles after discussions, debates, and amendments | 395 |
| Number of schedules after discussions, debates, and amendments | 8 |
| Number of members in the Drafting Committee | 7 |
| Number of members of the Muslim League who joined the Indian Assembly | 28 out of 73 |
| Number of members of the princely states in the Constituent Assembly | 93 |
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What You'll Learn
The Constituent Assembly
On 29 August 1947, the Constituent Assembly set up a seven-member Drafting Committee under the chairmanship of Dr B.R. Ambedkar to prepare a draft constitution for India. The Drafting Committee considered, debated, and amended the initial draft prepared by B.N. Rau, the Constitutional Advisor to the Constituent Assembly. Rau's draft consisted of 243 articles and 13 schedules, which, after discussions and amendments, became 395 articles and 8 schedules. The revised draft constitution was prepared by the Drafting Committee and submitted to the Constituent Assembly on 4 November 1947.
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The Drafting Committee
The Indian Constitution was prepared by the Constituent Assembly of India, which was an elected body that served as the Provisional Parliament after India's independence in 1947. The Constituent Assembly was formed in 1946 under the Cabinet Mission Plan, and it had a total of 389 members, including 292 representatives of the provinces, 93 from princely states, and 4 from the chief commissioner provinces.
The final version of the Draft Constitution was presented to the Constituent Assembly on 4 November 1948 by Dr B. R. Ambedkar. This draft was accompanied by a list of suggested amendments that emerged from the scrutiny of comments received from stakeholders and the general public. The Constituent Assembly approved the draft constitution on 26 November 1949, and it became effective on 26 January 1950, marking India's transition from a dominion to a sovereign, democratic republic.
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The role of B.N. Rau
The Indian Constitution was drawn from a variety of sources, including previous legislation such as the Government of India Acts of 1858, 1919, and 1935, as well as the Indian Independence Act of 1947. The Constituent Assembly, formed in 1946, played a crucial role in drafting the constitution, with 299 delegates taking 114 days to finalise it.
Now, coming to the role of B.N. Rau in the preparation of the Indian Constitution:
Sir Benegal Narsing Rau, a prominent Indian civil servant, jurist, diplomat, and statesman, played a significant role in the creation of the Indian Constitution. Appointed as the constitutional advisor to the Constituent Assembly in 1946, Rau was responsible for the general structure of the democratic framework of the Constitution. He prepared its initial draft in February 1948, which consisted of 243 articles and 13 schedules. This draft was then considered, debated, and amended by the seven-member drafting committee, chaired by B.R. Ambedkar. Rau's expertise in British constitutionalism and global constitutions greatly aided the Constituent Assembly in drafting the Indian Constitution. His draft included notations on the margins, indicating the origins of various provisions from other countries, showcasing the global nature of the endeavour.
Rau's contributions to Indian law and constitutionalism extended beyond his role in the Constituent Assembly. He authored notable works such as "The Constitution of the Union of Burma" and "The Parliamentary System of Government in India." Additionally, Rau played a crucial role in drafting the constitutions of both Burma (1947) and India (1950). His writings on Indian law included studies on constitutional precedents and articles on human rights in India. Rau's idealism and constitutional outlook were evident throughout his career.
In recognition of his expertise and contributions, Rau was knighted in 1938 and served as a judge in various capacities, including at the Bengal High Court in Calcutta in 1939 and, later, as the first Indian judge in the International Court of Justice at The Hague. He also represented India at the United Nations and served as the president of the United Nations Security Council from 1950 to 1952.
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The role of S.N. Mukherjee
The Indian Constitution was prepared by the Constituent Assembly, which was formed in 1946 under the Cabinet Mission Plan. The Constituent Assembly set up a seven-member Drafting Committee on 29 August 1947, under the chairmanship of Dr B.R. Ambedkar, to prepare a draft constitution for India. The committee also included key figures such as Jawaharlal Nehru, Rajendra Prasad, and Syama Prasad Mukherjee, who played a significant role in the process.
The process of drafting the constitution took almost three years, with the committee holding eleven sessions over a 165-day period. The initial draft of the constitution was prepared by Sir B.N. Rau, the Constitutional Advisor to the Constituent Assembly. Rau's draft was then considered, debated, and amended by the Drafting Committee.
Among the key figures in the Assembly, Mr S.N. Mukherjee, the Chief Draftsman of the Constitution, played an instrumental role. His ability to simplify complex proposals into the clearest legal form was exceptional, and his work ethic was highly regarded. It is said that without his contributions, the finalisation of the Constitution would have taken many more years. Mukherjee's staff, who worked tirelessly, often beyond midnight, also contributed significantly to the process.
Another important figure, Syama Prasad Mukherjee, served as India's first Minister for Industry and Supply in Prime Minister Jawaharlal Nehru's cabinet. He was noted for his opposition to the Quit India movement within the Indian independence movement and later founded the Bharatiya Jana Sangh, the predecessor to the Bharatiya Janata Party, in 1951. He was also arrested by the Jammu and Kashmir Police in 1953 for attempting to cross the state's border.
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The adoption of the constitution
The Indian Constitution was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950, a date now commemorated as Republic Day. The Constituent Assembly was formed in 1946 under the Cabinet Mission Plan, with 389 members in total, 292 of whom were representatives of the provinces, 93 represented the princely states, and four were from the chief commissioner provinces. The Muslim League boycotted the Assembly, but 28 of its members out of 73 ended up joining.
The Constituent Assembly set up a Drafting Committee on 29 August 1947, under the Chairmanship of Dr B.R. Ambedkar, to prepare a Draft Constitution for India. The committee was given the draft constitution prepared by the Constitutional Advisor, B.N. Rau, in February 1948, which they scrutinised alongside other notes, reports, and memoranda. Rau's draft consisted of 243 articles and 13 schedules, which came to 395 articles and 8 schedules after discussions, debates, and amendments. The Drafting Committee then submitted its final Draft Constitution to the President of the Constituent Assembly on 21 February 1948.
The draft constitution was published and circulated among the public, and many comments, critiques, and suggestions were received. These were then scrutinised by a Special Committee comprising members of the Union Constitution Committee, Provincial Constitution Committee, Union Powers Committee, and the Drafting Committee itself. The Drafting Committee held discussions on the inputs received and reprinted and resubmitted the version of the Draft Constitution on 26 October 1948, along with a set of amendments.
The Draft Constitution was presented to the Constituent Assembly on 4 November 1948, by B.R. Ambedkar, the Chairman of the Drafting Committee. This version of the Draft Constitution was submitted to the President of the Constituent Assembly, along with a list of suggested amendments that emerged from the scrutiny of comments received from stakeholders and the general public. The Assembly approved the draft constitution on 26 November 1949, and it became effective on 26 January 1950, replacing the Government of India Act 1935 as the country's fundamental governing document.
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Frequently asked questions
The Indian Constitution was drafted by the Constituent Assembly, which was formed in 1946 under the Cabinet Mission Plan. The Constituent Assembly set up a Drafting Committee on 29 August 1947, under the Chairmanship of Dr B.R. Ambedkar, to prepare a draft constitution.
The Drafting Committee scrutinised the initial draft 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 Constituent Assembly took almost three years to draft the constitution, holding eleven sessions over a 165-day period. The Drafting Committee, on the other hand, took 114 days to draft the constitution.
