Jonah Patel
The Indian Constitution, which came into effect on January 26, 1950, was drafted by the Constituent Assembly, chaired by Dr. B. R. Ambedkar, a crusader for social justice and India's first Law Minister. The 389-member Constituent Assembly, elected by members of the provincial assemblies, took almost three years to draft the constitution, holding eleven sessions over a 165-day period. The constitution was influenced by previous legislation, including the Government of India Acts of 1919 and 1935, and borrowed from international models, guaranteeing freedom of speech, equality, and justice to all Indian citizens.
| Characteristics | Values |
|---|---|
| Date Adopted | 26 November 1949 |
| Date Effective | 26 January 1950 |
| Constitutional Advisor | Sir B. N. Rau |
| Drafting Committee Chair | Dr B. R. Ambedkar |
| Chief Draftsman | S. N. Mukherjee |
| Translation to Hindi | Raghu Vira |
| Replaced Legislation | Indian Independence Act 1947, Government of India Act 1935 |
| Previous Legislation Borrowed From | Government of India Act 1858, Indian Councils Acts of 1861, 1892 and 1909, Government of India Acts 1919 and 1935 |
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What You'll Learn
Dr BR Ambedkar: the principal architect
Dr Bhimrao Ramji Ambedkar, affectionately known as Babasaheb, is revered as the principal architect of the Indian Constitution. He was born on 14 April 1891 in Mhow, India, into a poor Dalit family. Dalits, also known as "untouchables", were historically subjected to severe discrimination and untouchability in India's caste-based social hierarchy. Despite facing immense societal barriers, Ambedkar rose to become one of the most influential figures in Indian history, leaving an indelible mark through his relentless crusade for social justice and equality.
Ambedkar's journey exemplifies remarkable resilience and determination. He excelled in his studies, becoming one of the few Indian students to obtain doctorates from prestigious institutions such as Columbia University and the London School of Economics in the 1920s. He also trained in law at Gray's Inn, London. Ambedkar's academic achievements were all the more remarkable given the discrimination he faced in his early education, where he and other untouchable children were segregated and given little attention by teachers.
Ambedkar's career was multifaceted. He worked as a private tutor, accountant, professor of political economy, legal professional, and economist. He also served as Law and Justice Minister in the first cabinet of Jawaharlal Nehru and was a prominent social reformer and politician. In 1947, he was appointed chairman of the drafting committee responsible for preparing a revised draft constitution for submission to the Constituent Assembly. Ambedkar's meticulous approach to drafting the Constitution emphasised safeguarding the fundamental rights and liberties of all citizens, regardless of caste, creed, or socio-economic status. He advocated for the inclusion of robust provisions to protect these rights, including the right to life, liberty, and equality before the law.
Beyond his role in drafting the Constitution, Ambedkar led movements for social justice, particularly for the Dalits and other marginalised communities. He championed the rights of women, labour rights, and economic reforms to uplift the underprivileged. His vision for an inclusive India was far ahead of his time, and his ideas continue to inspire movements for marginalised communities worldwide. Ambedkar's legacy is that of a fearless leader who shaped India's destiny with his revolutionary ideas and tireless advocacy for a more just and equitable society.
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Constituent Assembly: the body that adopted the constitution
The Constituent Assembly of India was a body of representatives that came together to draft the Indian Constitution. The Assembly was partly elected and partly nominated, with 292 out of 389 members being representatives of provinces, 93 representing princely states, and 4 from the chief commissioner provinces. The members were elected by the Provincial Assemblies by a single, transferable-vote system of proportional representation. The Constituent Assembly was formed in November 1946 under the Cabinet Mission Plan and sat for the first time on December 9, 1946.
The Constituent Assembly was conceived and created by V. K. Krishna Menon, who first outlined its necessity in 1933. The official demand for a Constituent Assembly was raised in 1936 by Jawaharlal Nehru, and again in 1939 by C. Rajagopalachari, based on adult franchise. This demand was accepted by the British in August 1940, and elections were held for the first time for the Constituent Assembly under the Cabinet Mission Plan of 1946.
The Constituent Assembly was responsible for drafting the Indian Constitution, which was a lengthy process. The Assembly held eleven sessions over a 165-day period (or 166 days according to another source), and the drafting took place at two levels: committees and plenary. The Assembly adopted the Constitution of India, 1950, after 165/166 days of deliberation and eleven sessions spread across two years and eleven months. The drafting committee was formed under the chairmanship of Dr B. R. Ambedkar, and S. N. Mukherjee was the chief draftsman. The committee also included prominent figures such as Frank Anthony, Minoo Masani, G Gurmukh Singh, and Maulana Abul Kalam Azad.
The Constituent Assembly played a crucial role in India's transition to a sovereign republic. The Constitution, adopted on November 26, 1949, and enforced on January 26, 1950, introduced a parliamentary democracy founded on justice, liberty, and equality, setting the stage for the country's governance and progress. The Constituent Assembly served as the provisional Parliament from January 26, 1950, until the first general elections in 1951.
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Constitutional supremacy: the constitution's governing principle
The Indian Constitution, which came into effect on 26 January 1950, is a written constitution that upholds constitutional supremacy. This means that it is the supreme law of the land, and all other laws and government actions must be consistent with it. The Constitution establishes a federal system of government, with a division of powers between the central government and state governments. It also establishes a system of checks and balances between the three branches of government: the legislature, the executive, and the judiciary.
The Indian Constitution was drafted by the Constituent Assembly, which was elected by the members of the provincial assemblies. The Constituent Assembly appointed a drafting committee under the chairmanship of Dr B R Ambedkar on 29 August 1947. S. N. Mukherjee was the chief draftsman of the Constitution in the Constituent Assembly. The initial draft of the Constitution was prepared by the assembly's constitutional advisor, Sir B. N. Rau, a distinguished civil servant and jurist, in February 1948. This draft was then considered, debated, and amended by the seven-member drafting committee. The revised draft constitution was submitted to the assembly on 4 November 1947, and after eleven sessions held over a 165-day period, the final version was adopted by the Constituent Assembly on 26 November 1949.
The principle of constitutional supremacy in India ensures that the Constitution is the supreme law, above all other laws and regulations. It restricts parliamentary authority through checks and balances, such as judicial review, federalism, and the preservation of fundamental liberties. The Indian Constitution gives the judiciary the power to interpret and nullify laws passed by the legislature if they go against the principles and goals enshrined in the Constitution. This power of judicial review allows the courts to review the actions of the government and strike down laws that are found to be unconstitutional. The judiciary is also responsible for interpreting the Constitution and laws and resolving disputes between the legislature, the executive, and individuals.
The Indian Constitution establishes the rights and liberties of citizens, including fundamental rights such as the right to equality, freedom of speech and expression, freedom of religion, and the right to life and liberty. These rights are enforced by the courts, which can strike down any law or action that violates them. The Constitution also grants power to the Parliament to amend it by adding, changing, or removing any provision, as long as it follows the procedure laid out therein. However, the Supreme Court has held that there are certain features of the Indian Constitution so integral to its functioning and existence that they cannot be removed, known as the 'Basic Structure' Doctrine.
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Previous legislation: the constitution drew from past laws
The Indian Constitution, which came into effect on 26 January 1950, was drafted by the Constituent Assembly, elected by members of the provincial assemblies. The Constituent Assembly was formed in 1946, and the drafting committee was formed under the chairmanship of Dr B R Ambedkar on 29 August 1947. The constitution was influenced by previous legislation, including the Government of India Acts of 1858, 1919, and 1935, as well as the Indian Councils Acts of 1861, 1892, and 1909, and the Indian Independence Act of 1947.
The Government of India Act of 1935, drafted by Samuel Hoare, was particularly significant in the process of creating the constitution. It provided the framework for the country's fundamental governing document and contributed to the establishment of two new countries, India and Pakistan, with each new assembly having the sovereign power to draft and enact its constitution. The Indian Constitution also drew from the Indian Independence Act of 1947, which led to the partition of India and the creation of Pakistan, resulting in the division of the Constituent Assembly into two separate bodies.
The Indian Councils Acts, passed in 1861, 1892, and 1909, introduced legislative councils in provinces across India, with partial Indian membership. These acts, influenced by the demands of the Indian National Congress and other organisations, expanded the legislative powers of the councils and increased Indian representation. The Government of India Acts, passed in 1858 and 1919, further evolved the structure of legislative councils and expanded the role of Indians in the legislative process.
The Indian Constitution also borrowed from the Indian Independence Act of 1947, which granted independence to India and provided a framework for the country's transition to independence, including the creation of separate Hindu-majority and Muslim-majority areas. The act also addressed issues such as citizenship, the division of assets and liabilities, and the establishment of interim governments. The Constituent Assembly, tasked with drafting the constitution, was elected by members of the provincial assemblies established under the Indian Independence Act.
The constitution-drafting process was a collaborative effort involving various individuals and committees. Sir B. N. Rau, a civil servant and legal expert, served as the assembly's constitutional advisor and prepared the initial draft of the constitution, which was then debated and amended by the drafting committee chaired by Dr B. R. Ambedkar. The final constitution, consisting of 395 articles and 8 schedules, was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950, marking India's transition from a dominion to a sovereign, democratic republic.
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Hindi translation: the first translation 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. The Constituent Assembly was elected by the members of the provincial assemblies and consisted of 389 members (this number was reduced to 299 after the partition of India). The Assembly took almost three years to draft the constitution, holding eleven sessions over a 165-day period.
The first translation of the Indian Constitution was into Hindi. This task was undertaken by Raghu Vira, a linguist, scholar, politician, and member of the Constituent Assembly. In 1948, nearly two years after the formation of the Constituent Assembly, Rajendra Prasad commissioned Raghu Vira and his team to translate the English text of the Constitution into Hindi. Raghu Vira used Sanskrit as a common base, similar to the role of Latin in European languages, and applied the rules of sandhi (joining), samasa (compounding), upasarga (prefix), and pratyaya (suffix) to develop several new terms for scientific and parliamentary use. The terminology was subsequently approved by an All India Committee of Linguistic Experts, representing thirteen languages: Sanskrit, Tamil, Telugu, Malayalam, Odia (then spelled as Oriya), Assamese, Gujarati, Hindi, Kannada, Malayalam, Marathi, Punjabi, Kashmiri, and Urdu. The vocabulary developed for Hindi later served as a base for translating the constitution into several other Indic languages.
The Indian Constitution was also first translated from English into Bengali and published in 1983, as 'Bharoter Songbidhan' in Kolkata, through the collective efforts of the Government of West Bengal and the Union Government of India. The Constitution was also translated into Meitei (officially known as Manipuri) and published on 3 January 2019 in Imphal, through the collaboration of the Government of Manipur and the Union Government of India. The first translation of the Indian Constitution into Sanskrit was published on 1 April 1985 in New Delhi as 'Bhartasya Samvidhanam'. The Tamil translation was published in 2021 in Chennai, with the fourth edition being released that year.
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Frequently asked questions
Dr. Bhimrao "Babasaheb" Ambedkar was the principal architect of the Indian Constitution. He was India's first Law Minister and a crusader for social justice, constitutional thinking, and a fearless voice against caste discrimination.
Sir B. N. Rau, a civil servant, was the constitutional advisor to the Constituent Assembly. He was responsible for the constitution's general structure and prepared its initial draft in February 1948.
S. N. Mukherjee was the chief draftsman of the Constitution in the Constituent Assembly.
Raghu Vira, a distinguished linguist, scholar, politician, and member of the Constituent Assembly, translated the Indian Constitution into Hindi.
