Malcolm Rivera
The Indian Constitution is the world's longest for a sovereign nation, with 145,000 words in its original form. It has been amended 106 times, most recently in September 2023. The process of drafting the constitution was complex, and many individuals contributed to its creation. The contributions of Dr Bhimrao Ramji Ambedkar, Chairman of the Drafting Committee, are particularly notable, and he is often referred to as the chief architect of the constitution. Other key figures include BN Rau, the Constitutional Advisor, and S.N. Mukherjee, the Chief Draftsman. The Indian Constitution has been described by scholar Granville Austin as first and foremost a social document.
| Characteristics | Values |
|---|---|
| Length | 145,000 words, making it the world's second-longest active constitution |
| Number of articles | 470 |
| Number of parts | 25 |
| Number of schedules | 12 |
| Number of appendices | 5 |
| Number of amendments | 106 |
| Date of latest amendment | 28 September 2023 |
| Description | According to Granville Austin, "The Indian constitution is first and foremost a social document, and is aided by its Parts III & IV (Fundamental Rights & Directive Principles of State Policy, respectively) acting together, as its chief instruments and its conscience, in realising the goals set by it for all the people." |
| Drafting time | Almost three years |
| Number of sessions | 11 |
| Number of days | 165, or 141 according to B.N. Rau |
| Number of members of the Constituent Assembly | 389 (reduced to 299 after the partition of India) |
| Number of original members of the Drafting Committee | 7 |
| Chief Architect | Dr. Bhimrao Ramji Ambedkar |
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What You'll Learn
Granville Austin's view: A social document
Granville Austin, a renowned scholar of the Indian Constitution and constitutional assembly debates, described the Indian Constitution as "first and foremost a social document", embodying the objectives of a "social revolution". In his seminal tome, 'The Indian Constitution: Cornerstone of a Nation', Austin's writings reflected a sense of nationalism characterised by unity, consensus, conciliation, and accommodation amidst India's many diversities and differences.
Austin's interpretation of the Constitution is steeped in his admiration for India's founding fathers and mothers and their dreams for modern India. He recognised that at the heart of the Constitution was an indelible faith in Indian nationalism, which sought to deliver the promise of freedom to the masses. This faith, according to Austin, was characterised by a desire to uplift the downtrodden through a social revolution, maintain national unity and stability, and foster democratised power that accommodated differences and embraced integrated pluralism.
In his analysis, Austin meticulously dissected the mechanism behind the Constitution's creation and examined its fundamental features, such as fundamental rights, directive principles, federalism, and the branches of the legislature, executive, and judiciary. He argued that these aspects were oriented towards achieving the social revolution envisioned by the framers. Austin's description of the fundamental rights and directive principles as the "conscience" of the Constitution has since been widely adopted by scholars and laypeople alike.
Austin's work on the Indian Constitution extended beyond theoretical analysis. He spent several years in India, conducting extensive research on the history of the Constitution and engaging with key figures such as President Rajendra Prasad. His interactions and access to primary sources provided a rich context for his understanding of the Constitution's political bases and motivations. Austin's contributions paved the way for Indians to interpret and appreciate the meaning of their Constitution and its relevance in the post-colonial era.
In recognition of his exceptional scholarship, Austin was awarded the Padma Shri award in 2011, the fourth-highest civilian honour in India. His passing in 2014 left behind a treasured legacy of scholarly analysis, influencing academics, jurists, and Indians seeking to understand their nation's foundational document.
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John Marshall's view: Great outlines
John Marshall, the fourth chief justice of the United States, had a profound impact on the interpretation and application of the US Constitution, and his ideas continue to shape legal discourse even today. Marshall's views on the Constitution were expansive, and he believed that while the federal powers were limited, they superseded state powers in the event of a conflict. This belief set a precedent for the significant expansion of federal government authority in the subsequent centuries.
Marshall's interpretation of the Constitution was instrumental in shaping the young nation's legal landscape. He is credited with establishing the notion of national constitutional law, which asserted the supremacy of federal authority over state laws. This interpretation was pivotal in cases involving Native American tribes, such as Johnson v. McIntosh, where he ruled in favour of the federal government's authority in dealing with tribal nations. Marshall's opinion in Gibbons v. Ogden also had far-reaching consequences, as it established that the Commerce Clause prevents states from restricting navigation.
In Marshall's view, the Constitution should be interpreted flexibly, with a focus on its overarching principles and goals rather than vague generalities. He is quoted as saying that a constitution's "great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced from the nature of the objects themselves." This perspective underscores the importance of adapting constitutional interpretations to the evolving social and political context while remaining true to the framers' original intentions.
Marshall's influence extended beyond his legal opinions. His charismatic personality and persuasive abilities allowed him to exert ideological and personal leadership over the Court, even when justices appointed by opposing political parties formed a majority. Marshall's impact on the Court's dynamics and his contributions to the development of constitutional law in the United States earned him the moniker "definer of a nation." His legacy is still studied and celebrated at institutions like William & Mary Law School, where his statue stands as a reminder of his enduring influence on American jurisprudence.
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Jawaharlal Nehru on Dr. Ambedkar: One of the architects
The Indian Constitution is the world's longest for a sovereign nation. At its enactment, it had 395 articles in 22 parts and 8 schedules, with about 145,000 words. The amended constitution has a preamble and 470 articles, which are grouped into 25 parts. It has been amended 106 times, with the latest amendment added on 28 September 2023.
The Indian Constitution was formulated in several committees and then debated and decided inside the Constituent Assembly. It is commonly believed that B.R. Ambedkar framed the Indian Constitution, with many thinking he did so single-handedly. However, this is a myth, as the Constitution was not created by any single person. Jawaharlal Nehru, India's first prime minister, also played a significant role in its making.
Nehru provided leadership to a free India for 17 years, the longest stint in its history. He steered the country during tempestuous times, when India had been partitioned, and communal killings, destruction, and trans-border migration occurred on a horrendous scale. Nehru's philosophical and practical contributions to the making of the Indian Constitution, as well as his foundational contribution to the making of modern India, are often overlooked.
Dr. B.R. Ambedkar, a champion of social justice and a fighter for the rights of the oppressed and discriminated against in caste-ridden Indian society, was the head of the Drafting Committee of the Constitution. He was invited by Nehru to serve as the Dominion of India's Law Minister and was later appointed Chairman of the Drafting Committee. As the Constitution was being drafted, Ambedkar supported a purposive approach, whereby the Supreme Court of India would be the final arbiter of the Constitution's meaning, and its interpretations would be binding on the executive and legislative branches of the government. However, his views were in the minority at the time.
In summary, while Dr. B.R. Ambedkar played a crucial role as one of the architects of the Indian Constitution, Jawaharlal Nehru's contributions to its creation and to the making of modern India should not be understated.
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Naziruddin Ahmad's criticism: A secret process
The Indian Constitution, the world's longest for a sovereign nation, has been subject to various criticisms and objections since its inception. One notable critic was Naziruddin Ahmad, a member of the Constituent Assembly of India representing West Bengal. Ahmad's criticisms of the Drafting Committee and the draft constitution were significant and stemmed from his suspicions about the drafting process.
Naziruddin Ahmad, a lawyer and politician from West Bengal, was a vocal opponent of the draft Indian Constitution from its first reading in the Assembly on November 4, 1948. He attributed the issues in the text, such as errors, anomalies, and redundancies, to the incompetence of the Drafting Committee. Ahmad's criticisms, however, ran deeper than mere textual issues. He suspected that the drafting process itself was secretive and clandestine, raising questions about the legitimacy and accountability of the Committee within the constitution-making process. Ahmad's concerns were not widely shared by the majority of the Constituent Assembly, but they were significant enough to warrant attention.
Ahmad's suspicions about the drafting process were fuelled by the lack of transparency and documentation. Unlike the Constituent Assembly, the Drafting Committee did not leave verbatim transcripts of their meetings. Instead, only partial minutes exist, and even those do not cover all the crucial meetings where the Preamble and other important sections were discussed and finalised. The absence of comprehensive records made it difficult to ascertain the accuracy of Ahmad's criticisms and the decision-making process behind certain provisions in the Constitution.
The criticisms levelled by Ahmad and other members of the Constituent Assembly highlight the complexities and challenges inherent in constitution-making. While the Drafting Committee was tasked with consolidating diverse viewpoints and formulating a cohesive constitution, their methods and deliberations remained largely behind closed doors. This secrecy gave rise to suspicions and questions about the legitimacy of the process, even as the majority of the Assembly acknowledged the diligent work undertaken by the Committee.
In conclusion, Naziruddin Ahmad's criticism of the Indian Constitution and the Drafting Committee sheds light on the importance of transparency and accountability in constitution-making. While the Committee's efforts were recognised, the lack of detailed records left room for speculation and doubt. Ahmad's concerns about the process being "secret" underscore the need for openness and inclusivity in drafting a document that will govern a nation and its people.
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BN Rau's role: Chief author
BN Rau played a pivotal role in the framing of the Indian Constitution. Born on 26 February 1887, BN Rau was a civil servant, jurist, diplomat, and statesman. He was appointed the constitutional advisor to the Constituent Assembly in 1946 and was responsible for the general structure of the democratic framework of the Constitution. Rau prepared a rough draft of the Constitution, which was then considered and revised by the Drafting Committee. This draft was debated, revised, and finally adopted by the Constituent Assembly of India on 26 November 1949. The final constitution had 395 articles in 22 parts and 8 schedules, with about 145,000 words, making it the world's longest constitution for a sovereign nation.
Rau's contributions to the Indian Constitution are significant. He was a legal and constitutional expert with a deep understanding of international constitutional norms. Rau's writings on Indian law include a noted study on constitutional precedents and articles on human rights in India. As part of his research for drafting the Constitution, Rau travelled to the US, Canada, Ireland, and the United Kingdom, where he consulted with experts and scholars. In 1946, Rau prepared a document titled "Outline of a New Constitution" while he was on special duty in the Governor-General's secretariat. This paper, published in "India's Constitution in the Making," proposed a constitutional scheme to resolve the deadlock between the Indian National Congress and the Muslim League over the country's constitutional future. Rau's proposal conceived of India as a 'commonwealth' with three independent sovereign units: the Hindustan Federation, the Pakistan Federation, and the Indian States and Tribal Areas. Each unit would have an agreement on common interests, including defence, external affairs, communications, and customs.
In addition to his work on the Indian Constitution, Rau also helped draft the constitution of Burma in 1947. He served as India's representative to the United Nations Security Council from 1950 to 1952 and was serving as its president when it recommended armed assistance to South Korea in June 1950. Rau was later a judge at the International Court of Justice at The Hague until his death in 1953. Jawaharlal Nehru, India's first prime minister, described Rau as "the perfect civil servant," highlighting his versatility and contributions to the development of Indian polity. BN Rau's role as the chief author of the Indian Constitution, therefore, remains a crucial chapter in India's constitutional history.
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Frequently asked questions
Dr Bhimrao Ramji Ambedkar, also known as Dr B.R. Ambedkar, is known as the Father of the Indian Constitution. He was the first Law and Justice Minister of India and played a pivotal role in drafting the Constitution of India.
Dr Ambedkar said, "If I find the constitution being misused, I shall be the first to burn it." He also said, "Constitution is not a mere lawyer's document, it is a vehicle of Life, and its spirit is always the spirit of the Age."
Prime Minister Narendra Modi designated November 26 as Constitution Day or Samvidhan Day in India. This day commemorates the adoption of the Constitution by the Constituent Assembly in 1949.
Rajendra Prasad, President of the Constituent Assembly, paid tribute to Mahatma Gandhi in his speech before the Constitution was passed. He said, "I shall only hope that all those whose good fortune it may be to work with this Constitution in the future will remember that it was a unique victory achieved by a unique method taught by the Father of the Nation."
