Simone Lawson
Drafting a constitution is no easy feat, but it is an important document that provides a clear direction for any organisation. A constitution should be concise and uncomplicated, outlining the general guidelines and structure of an organisation. It should include a preamble that introduces the document and states the reasons for its creation, as well as sections detailing the organisation's name, membership requirements and privileges, officer roles and responsibilities, and election procedures. It should also outline how amendments can be proposed and the voting process for adopting these changes. With these key elements, a constitution provides a solid framework for any group to function effectively and adapt to future needs.
| Characteristics | Values |
|---|---|
| Number of delegates | 55 |
| Date | May 25, 1787 |
| Location | Philadelphia |
| Number of drafts | 120 |
| Date of the first draft | August 6, 1787 |
| Date of the final text | September 17, 1787 |
| Number of states that had to approve the Constitution | 9 |
| Number of states that ratified the Constitution | 11 |
| Number of members in the Constitution Assembly | 389 (initially) |
| Number of sessions held by the Constitution Assembly | 11 |
| Date the Constitution was passed and adopted by the assembly | November 26, 1949 |
| Date the Constitution came into force | January 26, 1950 |
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What You'll Learn
The constitution drafting process
Drafting a constitution is a complex and lengthy process. The process typically involves several committees, each with specific tasks, and a series of debates, revisions, and votes. Here is a step-by-step guide to the constitution drafting process, using the example of the drafting of the United States Constitution:
Planning and Preparation:
First, a need for a new constitution or amendments to an existing one is identified. This could be due to changing political, social, or economic circumstances. In the case of the US Constitution, the Articles of Confederation were seen as inadequate, and calls for revision began in May 1786. A committee was appointed to draft amendments, but it soon became clear that a new constitution was needed.
Committee Formation and Initial Drafting:
Once the decision to draft a constitution is made, a committee is formed to begin the process. In the US example, the Constitutional Convention appointed a "Committee of Detail" in July 1787, which studied existing documents and resolutions, and prepared a first draft. This committee included legal experts and statesmen, such as Edmund Randolph and James Wilson, who revised and discussed the initial draft.
Deliberation and Revision:
The draft constitution is then circulated among delegates, who debate and propose changes. This process can be lengthy and contentious, as different interests and ideologies clash. In the case of the US Constitution, delegates debated for over a month, and the committee made changes based on these debates. This process resulted in 23 general resolutions being agreed upon.
Final Drafting and Approval:
After the initial drafting and deliberation, a final draft is prepared. In the US example, a "Committee of Style" was appointed to distill the 23 approved articles into a coherent final draft. This committee, which included Gouverneur Morris, gave the constitution its final form. On September 17, 1787, the Constitutional Convention voted in favor of the Constitution, and the document was signed.
Ratification:
The final step is the ratification process, where the approved constitution is presented to the relevant authorities for final acceptance. In the US, nine states had to approve the Constitution for it to go into effect. This process took time, with the final state, Rhode Island, ratifying the Constitution on May 29, 1790.
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Selecting a drafting committee
Expertise and Knowledge:
Look for individuals with a strong understanding of law, politics, and social issues. Legal experts, such as judges, lawyers, and scholars, can provide valuable insights into the legal framework and ensure the constitution's compliance with legal principles. Individuals with a background in politics, such as politicians, political scientists, and activists, will contribute a practical understanding of governance and the political system.
Diversity and Inclusivity:
Aim for a diverse committee that represents different demographics, including gender, ethnicity, religion, and regional representation. This ensures that the constitution reflects the interests and perspectives of all segments of society. For example, when drafting the Constitution of India, the committee included 299 delegates from different castes, regions, religions, and genders.
Research and Analytical Skills:
Select individuals with strong research capabilities and a willingness to delve into the minutiae of constitution-making. Look for those who have demonstrated analytical prowess and a capacity for critical thinking. This skill set will enable committee members to study and learn from other constitutions, as well as navigate complex social, economic, and political issues. B.N. Rau, the constitutional adviser to the Constituent Assembly of India, is a testament to this, as he studied various constitutions before providing valuable insights to the drafting committee.
Leadership and Communication:
The committee should include individuals with strong leadership qualities and excellent communication skills. These individuals will be tasked with guiding the committee through complex discussions and facilitating consensus-building. They should be able to articulate ideas clearly and engage in constructive debates. Dr. B.R. Ambedkar, the Chairman of the drafting committee for the Indian Constitution, is renowned for his leadership in this process.
Impartiality and Integrity:
Committee members should demonstrate a commitment to impartiality and integrity. They should be able to set aside personal biases and make decisions in the best interests of the nation. Look for individuals with a track record of fairness, ethical behaviour, and a sense of moral responsibility.
The selection process for the drafting committee should be rigorous and involve stakeholders from various sectors. This may involve elections, nominations, or appointments by relevant authorities. The goal is to assemble a committee that possesses the requisite knowledge, skills, and diversity of perspectives to draft a constitution that upholds the values and aspirations of the people it governs.
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Drawing inspiration from previous legislation
When drafting a constitution, it is essential to draw inspiration from previous legislation and historical context. Here are some key considerations:
Firstly, understand the reasons behind the creation of a new constitution. In the case of the US Constitution, the previous plan of government, known as the Articles of Confederation, was deemed inadequate due to its concentration of power in the states, restriction of state sovereignty, facilitation of a power struggle between the central government and states, and overall weakness of the central government. This historical context is crucial for identifying the problems that the new constitution aims to address.
Next, examine the specific provisions of previous legislation that contributed to these issues. For example, the Articles of Confederation established a government incapable of effectively enforcing laws or regulating commerce among the states, leading to economic instability and challenges in unifying the country. Understanding these shortcomings will help shape the principles and provisions of the new constitution.
When drafting a new constitution, it is beneficial to study and learn from the experiences of other countries with similar historical contexts. For instance, the framers of the Indian Constitution drew from previous legislation such as the Government of India Acts of 1858, 1919, and 1935, the Indian Councils Acts of 1861, 1892, and 1909, and the Indian Independence Act of 1947. These acts provided a framework for addressing the unique needs and conditions of India, particularly in the context of its transition to independence and the creation of Pakistan.
Additionally, consider the role of key individuals and committees in the drafting process. The US Constitution, for example, was drafted by a committee of five appointed by Congress, who studied existing documents such as state constitutions and the Articles of Confederation. Similarly, the Indian Constitution was drafted by a Constituent Assembly, with significant contributions from Sir B.N. Rau, the Constitutional Advisor, and Mr. S. N. Mukherjee, the Chief Draftsman. Recognizing the influence of these individuals and committees can provide insights into the values and priorities reflected in the final constitution.
Lastly, anticipate potential challenges and amendments that may arise during the drafting process. The process of drafting a constitution often involves extensive debate, revisions, and amendments. For instance, the Indian Constitution Assembly addressed and disposed of 2,473 amendments out of a total of 7,635. By anticipating areas of contention and compromise, you can navigate the drafting process more effectively and create a more robust and widely accepted constitution.
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The role of Chief Draftsman
The Chief Draftsman plays an integral role in the constitution-drafting process, and their expertise and dedication can significantly impact the final document. In the case of the Indian Constitution, Mr. S. N. Mukherjee was the Chief Draftsman, and he is credited with possessing the unique ability to present the most complex proposals in a simple, clear, and legally comprehensible manner. This talent is a critical aspect of the role, as it ensures that the constitution is accessible and understandable to the general public, fostering a more informed and engaged citizenry.
The Chief Draftsman is responsible for ensuring that the language of the constitution is precise, unambiguous, and consistent. They must possess a strong command of legal terminology and drafting techniques, enabling them to translate abstract principles and policies into concrete legal provisions. The role entails meticulous attention to detail, as the Chief Draftsman must scrutinize every word, phrase, and clause to ensure that the document is free from errors or inconsistencies. Their task is not merely to put ideas into legal form but also to contribute to the development of those ideas, offering suggestions and insights that enhance the overall quality of the constitution.
In addition to their legal expertise, the Chief Draftsman should also be well-versed in the social, political, and economic landscape of the nation. This contextual understanding is crucial, as it informs the content and direction of the constitution, ensuring that it is tailored to the specific needs and conditions of the country. The Chief Draftsman should be able to draw on historical precedents, existing legislation, and the work of legal scholars to create a document that is both grounded in reality and forward-thinking.
Furthermore, the Chief Draftsman plays a pivotal role in facilitating collaboration and consensus-building among the drafting committee members. They must possess strong interpersonal skills, enabling them to navigate differing viewpoints, resolve disputes, and forge compromises. The role demands patience, diplomacy, and a deep respect for the diverse perspectives that shape the constitution. By fostering an environment of open dialogue and constructive criticism, the Chief Draftsman helps to ensure that the final document reflects a careful consideration of multiple viewpoints, increasing its legitimacy and acceptance among the populace.
In conclusion, the Chief Draftsman occupies a central position in the constitution-drafting process, requiring a unique blend of legal acumen, writing prowess, and a deep understanding of the nation's aspirations. Their role extends beyond mere technical expertise, as they help shape the foundational principles that will govern the nation, safeguard its citizens' rights, and guide its future trajectory. The Chief Draftsman's contribution is thus indispensable to the creation of a constitution that is not only legally sound but also reflective of the values and aspirations of the people it serves.
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Ratification by the States
The process of ratification by the states began after the Constitutional Convention concluded on September 17, 1787, with 38 out of 41 delegates signing the document. Within three days, the proposed Constitution was submitted to the Congress of the Confederation in New York City, the nation's temporary capital. The Congress, led by Alexander Hamilton, voted unanimously to forward the proposal to the 13 states for their ratification.
The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. The ratification process was not without opposition, as some states voiced concerns over the lack of protection for certain rights, including freedom of speech, religion, and the press. However, these concerns were addressed through the Massachusetts Compromise, which led to the inclusion of the Bill of Rights as amendments to the Constitution.
On June 21, 1788, New Hampshire became the ninth state to ratify the Constitution, marking a significant milestone. With this, the Constitution became the official framework for the government of the United States. The remaining states, including North Carolina and Rhode Island, eventually ratified the Constitution by May 29, 1790, and the Bill of Rights was ratified on December 15, 1791.
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Frequently asked questions
A constitution is drafted to outline a new plan of government, addressing the weaknesses of the previous plan.
The process of drafting a constitution involves studying and discussing the applicable resolutions, state constitutions, and other documents. A committee is then appointed to draft a written constitution, which is reviewed and revised before being sent to printers to produce copies for the delegates.
Some challenges that may be faced when drafting a constitution include ensuring that it addresses the needs and conditions of the country, accommodating different points of view, and ensuring that it is legally clear and simple to understand. Other challenges may include managing the large number of amendments that need to be discussed and the time taken to reach a final text.
