Jonah Patel
The Indian Constitution is a social document that lays down the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out citizens' rights, principles, and duties. It is the supreme legal document of India and the longest written national constitution globally. The Constituent Assembly of India, formed in 1946, was responsible for framing the constitution. The Constituent Assembly was formed for the purpose of writing a constitution for independent India, and the constitution was adopted by the assembly on 26 November 1949, coming into effect on 26 January 1950. The drafting committee was formed under the chairmanship of Dr B R Ambedkar, and S. N Mukherjee was the chief draftsman. The constitution was drawn from a number of sources, including previous legislation such as the Government of India Acts 1919 and 1935, and the Indian Independence Act 1947.
| Characteristics | Values |
|---|---|
| Date of first meeting | 9th December 1946 |
| Date of adoption | 26th November 1949 |
| Date of enforcement | 26th January 1950 |
| Number of articles | 448 |
| Number of parts | 25 |
| Number of schedules | 12 |
| Number of members | 207 initially, 299 as of December 1947 |
| Number of members signing the final version | 284 |
| Number of committees | 13 minor committees under 4 major committees |
| First President | Dr. Sachhidannand Sinha |
| President when signed | Rajendra Prasad |
| Drafting committee chairman | Ambedkar |
| Drafting committee members | Alladi Krishnaswamy Aiyar, K.M. Munshi |
| Other members | Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh, Amrit Kaur, Vijaya Lakshmi Pandit, B.N. Rau, Ganesh Mavlankar |
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What You'll Learn
The Constituent Assembly of India
The Constituent Assembly was preceded by the Cabinet Mission to India, which put forth a scheme for the Constituent Assembly that satisfied the Muslim League. The Muslim League had initially boycotted the Constituent Assembly, demanding two separate Constituent Assemblies for a divided India. The Cabinet Mission rejected this idea, and the Constituent Assembly was constituted for undivided India.
The Constituent Assembly was elected by indirect election by the members of the Provincial Legislative Assembly (Lower House only), according to the scheme recommended by the Cabinet Delegation. The Assembly was tasked with examining and reporting on various aspects of the Constitution, including fundamental rights, minorities, tribal and excluded areas, union powers, and provincial and union constitutions.
The Draft Constitution was submitted to the President of the Constituent Assembly, Rajendra Prasad, and was published and circulated among the public. The Drafting Committee, led by Ambedkar, took into account the comments, critiques, and suggestions from the public and held discussions and made amendments. The Assembly engaged in clause-by-clause discussions and debates on the Draft Constitution, with members frequently proposing amendments. The final version of the Constitution was signed by members of the Assembly on 24 January 1950 and came into effect on 26 January 1950, celebrated as Republic Day in India.
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The Cabinet Mission Plan of 1946
The Constitution of India is the country's supreme legal document and is the lengthiest written national constitution in the world. The need for a new governance system emerged after the end of British colonial rule, and the need to make a uniform law for a nation with diverse cultures, religions, languages, and traditions. The idea of the Constituent Assembly was put forward by the Cabinet Mission, marking the beginning of the constitution of India.
The Cabinet Mission was a high-powered mission sent to India in February 1946 by British Prime Minister Clement Attlee to discuss the transfer of power from British to Indian leadership. The mission included Lord Pethick Lawrence (Secretary of State for India), Sir Stafford Cripps (President of the Board of Trade), and A.V. Alexander (First Lord of the Admiralty). The Viceroy of India, Lord Wavell, also participated in some discussions. The aim of the mission was to preserve India's unity and grant its independence. The Cabinet Mission Plan proposed a three-tier administrative structure for British India: the Federal Union (top tier), individual provinces (bottom tier), and Groups of provinces (middle tier).
The Cabinet Mission Plan was initially accepted by the Muslim League and the Congress Party. However, the Congress Party soon rejected the 'grouping' part of the plan, specifically opposing the grouping of provinces based on religion. The Muslim League was not open to changing any part of the plan, and consensus between the two parties broke down. The Muslim League wanted strong political safeguards for Muslims and parity in the legislatures, while the Congress Party wanted a strong centre with minimum powers for the provinces.
The Cabinet Mission attempted to facilitate an agreement between the two parties at the Shimla Conference but failed, leading to the proposal of a new plan in June 1946. This second plan proposed the division of India into a Hindu-majority India and a Muslim-majority India (later to be renamed Pakistan), with a list of princely states that could either join the union or remain independent. The Congress Party, under Jawaharlal Nehru, rejected this plan as well and agreed to be part of the Constituent Assembly.
Mahatma Gandhi also rejected the grouping scheme in the Cabinet Mission Plan, fearing that the Muslim League would use its power to turn the Hindu-majority province of Assam into a Muslim-majority province. Despite the failure of the Cabinet Mission Plan to achieve consensus between the two parties, the Constituent Assembly proceeded with an interim government, with Jawaharlal Nehru as the Prime Minister. The Muslim League refused to be a part of the Assembly and initiated 'Direct Action Day', triggering large-scale violence across the country.
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The role of Jawaharlal Nehru
The Constitution of India is the country's supreme legal document and is the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens.
Jawaharlal Nehru, next to Mahatma Gandhi, is regarded as the most significant figure of the Indian independence movement that successfully ended British rule over the Indian subcontinent. He is also noted for contributing to the independence of other countries like Libya and Indonesia. As India's first Prime Minister and external affairs minister, Nehru played a major role in shaping modern India's government and political culture.
Nehru played a key role in India adopting an independent foreign policy through its support and membership of the Non-Alignment Movement. He advocated for children's rights and considered children as the real strength of a nation and the foundation of society. He is also praised for creating a system providing universal primary education, reaching children in the farthest corners of rural India.
Nehru's education policy is also credited for the development of world-class educational institutions like the All India Institute of Medical Sciences, Indian Institutes of Technology, and the Indian Institutes of Management. Following independence, Nehru popularised the credo of 'unity in diversity' and implemented it as state policy.
Nehru was born on 14 November 1889 in Allahabad to a Kashmiri Pandit family. He trained in law at Inner Temple, London, and worked for the Indian National Congress. He led the Non-Cooperation Movement and the Kisan Movement in the United Provinces in 1920, participated in the protest against the Simon Commission in 1928, moved the Purna Swaraj Declaration in 1930, and led the Civil Disobedience Movement in the United Provinces in 1930. He participated in the Quit India Movement in 1942 and convinced most of the princely states to sign the articles of integration with India.
Nehru headed the Union Power Committee, which was responsible for defining the subject matter over which the union executive and legislature would have power. Many attribute the survival of India's constitutional democracy to his first 15 years of leadership, which was marked by his adherence to constitutional norms in politics and governance.
Several sources also attribute a significant role to B. R. Ambedkar, a champion of social justice and a fighter for the rights of the oppressed and discriminated against in Indian society.
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The role of Dr Rajendra Prasad
The Constitution of India is the supreme legal document of India and is the longest written national constitution in the world. The need for a Constituent Assembly to frame the constitution was first accepted by the British government in 1940. The Constituent Assembly of India met for the first time on 9 December 1946, with 207 members present.
Dr Rajendra Prasad played a significant role in the framing of the Indian Constitution. Prasad was a skilled writer and polyglot, who gave up his career in law to join the Indian freedom movement. He was a follower of Mahatma Gandhi and participated in the nationalist movement, including the Salt Satyagraha and the Non-cooperation movement. Prasad was elected as the President of the Constituent Assembly in 1946 (or 1947, according to another source). His qualities of impartiality, patience, and objectivity in dealing with administrative matters were highly regarded.
As President of the Constituent Assembly, Prasad oversaw the drafting of the constitution, which took 2 years, 11 months, and 18 days to complete. The constitution was adopted on 26 November 1949 and came into force on 26 January 1950, celebrated annually as Republic Day. Prasad was also elected as the first President of the Indian Republic on 26 January 1950, a position in which he acted with integrity and in accordance with the principles of the Indian Constitution.
For his remarkable contributions to the nationalist movement and as President of India, Prasad was awarded the Bharat Ratna, the highest civilian honour in India, in 1962. He passed away on 28 February 1963, at the age of 78.
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The role of B.N. Rau
The Constitution of India is the country's supreme legal document and the world's longest written national constitution. It lays down the framework that demarcates fundamental political codes, structures, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. The Constituent Assembly of India, established for framing the constitution, met for the first time on December 9, 1946, with 207 members present. The Assembly had 299 members as of December 1947.
Sir Benegal Narsing Rau CIE, often referred to as BN Rau, was a civil servant, jurist, diplomat, and statesman. He played a critical and influential role in the Indian constitution-making process as the constitutional advisor to the Constituent Assembly. Appointed in 1946, Rau was responsible for the general structure of the democratic framework of the Constitution and prepared its initial draft in February 1948. This draft, consisting of 243 articles and 13 schedules, was debated, revised, and amended, eventually becoming the final constitution with 395 articles and 8 schedules. Rau's draft was based on his research and consultations with judges, scholars, and authorities on constitutional law in the US, Canada, Ireland, and the United Kingdom. He also examined foreign constitutions, drawing on various constitutional traditions while retaining the Indian character in the document.
Rau's contributions to the Indian Constitution were preceded by his role in modifying Indian law during the transition from British rule to independence. He oversaw the overhaul of laws at the federal and provincial levels to align with the Government of India Act of 1935 and served as a judge of the Calcutta High Court during this period. Rau's interpretation and application of the law resulted in several landmark judicial precedents, such as GP Stewart v. BK Roy Chaudhury, which defined the doctrine of repugnancy in legislative relations.
In addition to his work on the Indian Constitution, Rau also assisted in drafting the early Constitution of Myanmar (then Burma) in 1947. He worked with Burma's Constitutional Advisor and Prime Minister, U Aung San, to prepare a draft that was later modified by a Drafting Committee in Rangoon (now Yangon). Rau was present when the final draft of the Burmese Constitution was passed by the legislature.
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Frequently asked questions
The Constituent Assembly of India was responsible for framing the constitution. The Assembly first met on 9 December 1946 and had 299 members as of December 1947. The Constituent Assembly was formed for the purpose of writing a constitution for independent India.
The Constituent Assembly had 299 members, including freedom fighters, politicians, journalists, and lawyers. Some of the notable members of the Constituent Assembly were Rajendra Prasad, Jawaharlal Nehru, B.R. Ambedkar, Alladi Krishnaswamy Aiyar, K.M. Munshi, and N. Gopalaswami.
BN Rau, the constitutional advisor to the Constituent Assembly, drafted the initial constitution in October 1947. The draft contained 240 clauses and 13 schedules and was forwarded to the Drafting Committee for further procedure.
