Malcolm Rivera
The Indian Constitution, the world's longest written national constitution, came into force on 26 January 1950, making India a sovereign, democratic republic. The Constituent Assembly adopted the constitution on 26 November 1949, and it was drafted by Sir B. N. Rau, a civil servant who later became the first Indian judge at the International Court of Justice. The constitution has been amended over 100 times, with the latest amendment given assent in September 2023.
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What You'll Learn
The Indian Constitution's first draft
The Indian Constitution is the world's longest written national constitution for a sovereign nation. It lays down the framework that demarcates fundamental political codes, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. The Constituent Assembly, which was elected by members of the provincial assemblies, was responsible for drafting the constitution. The 389-member assembly (which was reduced to 299 after the partition of India) took almost three years to draft the constitution, holding eleven sessions over a 165-day period. The first meeting of the Constituent Assembly was held on 9 December 1946, and the Constitution was adopted on 26 November 1949 and came into force on 26 January 1950.
Sir Benegal Narsing Rau, an Indian civil servant, jurist, and diplomat, was 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 and prepared its initial draft in February 1948. This draft consisted of 243 articles and 13 schedules, which came to 395 articles and 8 schedules after discussions, debates, and amendments. Rau's draft was considered, debated, and amended by the seven-member drafting committee, appointed on 29 August 1947, with B. R. Ambedkar as its chair.
The drafting committee prepared a second draft, which was published in October 1948 after considering public comments, criticisms, and suggestions. The final draft of the Constitution was introduced by Ambedkar on 4 November 1948, and after three drafts and three readings, the constitution was passed on 26 November 1949. The constitution has been amended over 100 times since it was enacted, with the latest amendment assented to on 28 September 2023.
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The Constituent Assembly
The Indian Constitution is the world's longest written national constitution for a sovereign nation. It lays down the framework that demarcates the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the supreme legal document of India and was adopted by the Constituent Assembly on 26 November 1949, coming into force on 26 January 1950. India's last connection to British Crown rule was severed, and it became a sovereign, democratic republic with the constitution.
On 29 August 1947, a seven-member drafting committee was appointed, with B. R. Ambedkar as chair. This committee considered, debated, and amended Rau's draft, producing a revised draft constitution that was submitted to the assembly on 4 November 1947. Before the constitution was adopted, the assembly held eleven sessions in 165 days. The first sitting of the Constituent Assembly took place on 4 November 1948, when B.R. Ambedkar presented the Draft Constitution of India and delivered a landmark speech.
The Indian Constitution has had more than 100 amendments since it was enacted. It has a preamble and 470 articles, which are grouped into 25 parts, with 12 schedules and five appendices. The latest amendment was given assent on 28 September 2023.
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The Constitution's advisor, Sir B.N. Rau
The Indian Constitution is the world's longest written national constitution for a sovereign nation. It is the supreme legal document of India and lays down the framework that demarcates the fundamental political code, structure, procedures, powers, and duties of government institutions. It also sets out the fundamental rights, directive principles, and duties of citizens. The Constituent Assembly adopted the Constitution of India on 26 November 1949, and it came into force on 26 January 1950, marking India's transition from a dominion of the British Crown to a sovereign, democratic republic.
Sir Benegal Narsing Rau CIE (26 February 1887 – 30 November 1953), an Indian civil servant, jurist, diplomat, and statesman, was appointed as the assembly's constitutional advisor in 1946. He was responsible for the constitution's general structure and prepared its initial draft in February 1948. Rau's draft consisted of 243 articles and 13 schedules, which, after discussions, debates, and amendments, evolved into 395 articles and 8 schedules. The seven-member drafting committee, appointed on 29 August 1947 with B. R. Ambedkar as its chair, considered, debated, and amended Rau's draft. A revised draft constitution was then prepared by the committee and submitted to the assembly on 4 November 1947.
Rau's contributions to the Indian Constitution are significant but often go unrecognised in the dominant narrative of Indian nationalism that emphasises the roles of political leaders. Rau's career began in an unusual way when he refused to serve in his home province of Madras due to his extensive personal connections and his father's landholdings in the region. This constitutional outlook was a recurring theme in his work. Rau played a pivotal role in the Constituent Assembly, which met between 1946 and 1949 to frame India's Constitution. He was a sought-after constitutional expert by all the major Indian political parties and the British government.
In addition to his work on the Indian Constitution, Rau also assisted in drafting the early Constitution of Myanmar (then known as Burma) in 1947. He met with U Aung San, Burma's Prime Minister, in New Delhi in December 1946, and they collaborated on the first draft. Rau was also India's representative to the United Nations Security Council from 1950 to 1952 and served as its president when it recommended armed assistance to South Korea in June 1950. Later, he was a member of the Korean War post-Armistice United Nations Command Military Armistice Commission (UNCMAC). Rau's distinguished career and contributions to constitutionalism in India and beyond are a testament to his legacy.
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The Constitution's adoption
The Indian Constitution, the world's longest written national constitution, was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950. This date is celebrated annually in India as Republic Day.
The Constituent Assembly, with B.R. Ambedkar as chair, was responsible for debating and amending the initial draft of the constitution, which was prepared by constitutional advisor Sir B.N. Rau in February 1948. Rau's draft consisted of 243 articles and 13 schedules, which, after discussions and amendments, became 395 articles and 8 schedules. The Constituent Assembly held eleven sessions in 165 days before adopting the constitution.
The Indian Constitution is the supreme legal document of India. It lays out the fundamental political code, structure, procedures, powers, and duties of government institutions, as well as the fundamental rights, directive principles, and duties of citizens. It also establishes India as a sovereign, democratic republic, and a parliamentary system of government.
The constitution draws from previous legislation, including the Government of India Acts of 1858, 1919, and 1935, and the Indian Independence Act of 1947, which divided the Constituent Assembly into two and led to the creation of Pakistan. The constitution repealed these Acts when it became effective in 1950.
Since its enactment, the Indian Constitution has undergone more than 100 amendments. The latest amendment was given assent on 28 September 2023.
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The Constitution's amendments
The Indian Constitution is the world's longest for a sovereign nation and the most frequently amended. It is the supreme legal document of India, laying down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions. It also sets out the fundamental rights, directive principles, and duties of citizens.
The Constitution of India came into effect on 26 January 1950, and as of February 2025, it has been amended 106 times. It is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies. The latest amendment was given assent on 28 September 2023.
There are three types of amendments to the Constitution of India. The first type of amendment must be passed by a simple majority in each house of the Parliament of India. The second type of amendment must be passed by a prescribed "special majority" of each house of Parliament. The third type of amendment must be passed by a "special majority" in each house of Parliament and ratified by at least one half of the State Legislatures.
Some of the major amendments to the Indian Constitution include the 105th Amendment Act of 2021, which clarified that the states can maintain the "state list" of OBCs. The 122nd Amendment introduced the Goods and Services Tax. The Eighty-Sixth Amendment provided for the Right to Education for children aged six to fourteen and early childhood care until the age of six. The 42nd amendment in 1976 added the words "socialist", "secular", and "integrity" to the preamble.
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Frequently asked questions
Sir B. N. Rau, a civil servant who became the first Indian judge in the International Court of Justice.
Rau's draft consisted of 243 articles and 13 schedules.
The Indian Constitution consisted of 395 articles in 22 parts and 8 schedules at its enactment.
At about 145,000 words, the Indian Constitution is the longest written national constitution in the world.
The Indian Constitution came into force on 26 January 1950.
