Eleanor Finch
The Constitution of India, the country's supreme law, was adopted by the Constituent Assembly on November 26, 1949, and came into effect on January 26, 1950, marking India's transition from a Union to a Republic. The Constituent Assembly, which first sat on December 9, 1946, was responsible for framing the Constitution, with Jawaharlal Nehru moving the Objectives Resolution to declare India an independent sovereign republic. The Drafting Committee, chaired by B.R. Ambedkar, prepared the initial draft, which was scrutinised, debated, and amended before being submitted to the Constituent Assembly on November 4, 1948. The final document, signed by 284 members, was influenced by the constitutions of other countries and enshrined fundamental rights, the framework for government institutions, and the duties of citizens.
| Characteristics | Values |
|---|---|
| Date of adoption | 26 November 1949 |
| Date of coming into force | 26 January 1950 |
| Number of sessions held by the Constituent Assembly | 11 |
| Number of days the Constituent Assembly sat | 165 or 167 |
| Number of members who signed the constitution | 284 |
| Number of copies of the constitution signed | 2 |
| Languages the constitution was signed in | Hindi and English |
| Cost of the Constituent Assembly | ₹6.3 crore |
| Number of articles in the initial draft | 243 |
| Number of schedules in the initial draft | 13 |
| Number of articles in the final draft | 395 |
| Number of schedules in the final draft | 8 |
| Date the Drafting Committee was constituted | 29 August 1947 |
| Date the Drafting Committee began scrutinising the Draft Constitution | 27 October 1947 |
| Date the Draft Constitution was submitted to the President of the Constituent Assembly | 21 February 1947 or February 1948 |
| Date the Draft Constitution was presented to the Constituent Assembly | 4 November 1947 or 4 November 1948 |
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What You'll Learn
The Constituent Assembly
The final draft constitution was presented to the Constituent Assembly on 4 November 1948 by B.R. Ambedkar, the Chairman of the Drafting Committee. This version included a list of suggested amendments that emerged from the scrutiny of comments received from stakeholders and the general public. The Constituent Assembly debated and amended the draft, and it was approved on 26 November 1949 (Constitution Day). The day was chosen to spread the importance of the constitution and to spread the thoughts and ideas of Ambedkar. The constitution came into effect on 26 January 1950, commemorated as Republic Day in India.
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B.N. Rau, the Constitutional Advisor
Sir Benegal Narsing Rau CIE, commonly known as B.N. Rau, was an Indian civil servant, jurist, diplomat, and statesman. He played a critical 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 then considered, debated, and amended by the drafting committee chaired by B.R. Ambedkar. Rau's expertise and contributions were instrumental in shaping the fundamental political code, structure, procedures, powers, and duties of government institutions in India.
Rau's journey towards becoming the Constitutional Advisor began with his distinguished career in the Indian civil service, which he entered in 1910. He rose to prominence through his involvement in significant constitutional developments in India from 1935 onwards. During this period, he served as an Officer on Special Duty (OSD) in the Viceroy's Reforms Office, working to implement the Government of India Act of 1935, which paved the way for the transfer of power to Indian representatives. Rau's commitment to constitutionalism was evident as he embraced the idea of a constitution for India even before its formal adoption. He laid the groundwork for transforming the British constitutional structure in India to serve the needs of an independent India.
In January 1946, Rau prepared a paper titled "Outline of a New Constitution" while working in the Governor General's secretariat. This paper, later published in "India's Constitution in the Making," addressed the contentious issue of the constitutional future of India amid the political deadlock between the Indian National Congress and the Muslim League. Rau's proposal attempted to resolve the conflict through a constitutional scheme, demonstrating his proactive approach to finding solutions. The paper's influence extended to the Cabinet Mission proposals, shaping the discussions around India's constitutional destiny.
Rau's appointment as the Constitutional Advisor to the Constituent Assembly in 1946 was a natural choice given his expertise and experience. He embarked on research trips to the US, Canada, Ireland, and the United Kingdom, gathering insights and consulting experts. Rau's initial draft of the Constitution, completed in February 1948, underwent scrutiny by the Drafting Committee, which produced a revised draft submitted to the Assembly in November 1947. The Assembly held eleven sessions over 165 days, engaging in discussions, debates, and amendments to the draft. Rau's draft served as the foundation for these deliberations, shaping the content and direction of India's supreme legal document.
Beyond his role as the Constitutional Advisor, Rau contributed to various other aspects of India's constitutional journey. He worked on a brief addressing the potential intervention of the United Nations Security Council in a dispute between the Nizam of Hyderabad and the Indian government. Additionally, Rau represented India in delegations to the United Nations General Assembly, showcasing his diplomatic skills. His extensive knowledge of constitutional matters and his ability to navigate complex political landscapes made him a valuable asset to the constitution-making process.
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The Drafting Committee
The Indian Constitution was drafted by the Constituent Assembly of India, which was a partly elected and partly nominated body. The Assembly was elected by the Provincial assemblies of British India following the Provincial Assembly elections held in 1946 and nominated by princely states.
The Constituent Assembly of India was conceived and created by V. K. Krishna Menon, who first outlined its necessity in 1933 and enshrined it as an Indian National Congress demand. The Indian National Congress held its session at Lucknow in April 1936, presided over by Jawaharlal Nehru. The official demand for a Constituent Assembly was raised and the Government of India Act, 1935 was rejected as it was an imposition on the people of India.
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B.R. Ambedkar, the Chairman
Dr B.R. Ambedkar is often referred to as the "father of the Indian Constitution" and is the most well-known of all Constituent Assembly members. He was appointed Chairman of the Assembly's Drafting Committee, which was its most crucial committee.
Ambedkar was a nominated member of the Bombay Legislative Council from 1926-34. In 1925, he was appointed to the Bombay Presidency Committee to work with the all-European Simon Commission, which sparked protests across India. In 1927, he decided to launch active movements against untouchability, including public marches to open up public drinking water resources and the right to enter Hindu temples. He also publicly condemned the Manusmriti (Laws of Manu) for ideologically justifying caste discrimination and burned copies of the text. In 1932, he signed the Poona Pact, which gave reserved seats for the depressed classes in the Provisional legislatures within the general electorate. In 1936, he founded the Independent Labour Party of India, and in 1942, he founded the All-India Scheduled Castes Federation as a political front for the Dalits.
Ambedkar was appointed as the first Law Minister of independent India in 1947 by Jawaharlal Nehru, who invited him to serve in this role two weeks after India's independence. As Law Minister, Ambedkar attempted to pass the Hindu Code Bill to reform Hindu personal laws that dictated matters like marriage, divorce, succession and adoption. However, the Bill faced intense criticism.
On 4 November 1948, Ambedkar introduced the Draft Constitution to the Assembly, defending the inclusion of administrative provisions by invoking 'constitutional morality'. He also defended the inclusion of Directive principles of State Policy in the Draft Constitution, arguing that while the principles did not have force in law, they were binding and served as instructions regulating the power of the Legislature and Executive for peace, order and good government. He clarified that the fundamental principle of federalism is the division of Legislative and Executive powers between the Union and the States in the Constitution. Ambedkar also argued for extensive economic and social rights for women, and won the Assembly's support for introducing a system of reservations of jobs in the civil services, schools and colleges for members of scheduled castes and scheduled tribes.
On 25 November 1949, in his concluding speech in the Constituent Assembly, Ambedkar stated that the credit for the Constitution did not belong to him but to the Assembly's Constitutional Advisor, Sir B.N. Rau, who prepared a rough draft for the consideration of the Drafting Committee. The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950.
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The finalisation and signing
The Constituent Assembly, which first sat on 9 December 1946, was tasked with framing the Constitution of India. On 29 August 1947, a seven-member Drafting Committee was formed with B. R. Ambedkar as its chair. The committee was responsible for scrutinising the Draft Constitution, which was prepared by the Constitutional Advisor, Sir B. N. Rau. Rau's draft consisted of 243 articles and 13 schedules, which, after discussions, debates, and amendments, became 395 articles and 8 schedules.
The Drafting Committee submitted its final Draft Constitution to the President of the Constituent Assembly on 21 February 1948. The draft was then published and circulated among the public. A Special Committee, comprising members of the Union Constitution Committee, Provincial Constitution Committee, Union Powers Committee, and the Drafting Committee, scrutinised the public's comments, critiques, and suggestions.
The Draft Constitution was presented to the Constituent Assembly on 4 November 1948 by B. R. Ambedkar. This draft was submitted to the President of the Constituent Assembly, along with a list of suggested amendments from the public. The Constituent Assembly held eleven sessions in 165 days (or 167 days, according to another source) before adopting the constitution.
On 26 November 1949, the Constituent Assembly adopted the constitution, which was signed by 284 members. The day is celebrated as National Law Day, or Constitution Day. The assembly's final session was on 24 January 1950, when each member signed two copies of the constitution, one in Hindi and the other in English. The original constitution is hand-written, with each page decorated by artists from Shantiniketan, and its calligrapher was Prem Behari Narain Raizada. The constitution was published in Dehradun and photolithographed by the Survey of India.
On 26 January 1950, the Constitution of India came into effect, and the Union of India officially became the Republic of India.
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Frequently asked questions
The Constituent Assembly adopted the Constitution of India on 26 November 1949. It came into force on 26 January 1950.
Sir B. N. Rau 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.
Dr. B. R. Ambedkar was the Chairman of the seven-member Drafting Committee, constituted on 29 August 1947.
Jawaharlal Nehru moved the Objectives Resolution on 13 December 1946, which aimed to declare India as an Independent Sovereign Republic and create a Constitution to govern its future.
The Constituent Assembly took 2 years and 11 months to complete the Constitution of India, during which it held 11 sessions over 165-167 days.
