The Framers: Constitution Committee Members

The drafting of a constitution is a significant undertaking, often involving fierce debates and compromises. The process of drafting a constitution can vary, but it typically involves a committee or assembly that works collaboratively to outline the fundamental principles and structure of a nation's government. In the case of the United States Constitution, the Constitutional Convention of 1787 played a pivotal role. The convention appointed committees, such as the Committee of Detail and the Committee of Style, to draft and revise the document. Notable figures like James Madison, Alexander Hamilton, and George Washington were instrumental in this process, addressing concerns about the weaknesses of the Articles of Confederation. The Indian Constitution, on the other hand, was drafted by a Constituent Assembly, with B.R. Ambedkar serving as the chairman of the drafting committee. The assembly, which included prominent figures like Rajendra Prasad and Harendra Coomar Mookerjee, held sessions and debated the initial draft prepared by constitutional advisor B.N. Rau before ultimately adopting the constitution.

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The US Constitution

The Constitutional Convention was called to revise the Articles of Confederation, which had been ratified by the states in 1781. The Articles of Confederation had created a weak central government, and many Americans recognised its flaws. The convention soon abandoned the Articles, drafting a new Constitution with a much stronger national government.

The Committee of Detail, composed of John Rutledge, Edmund Randolph, Nathaniel Gorham, Oliver Ellsworth, and James Wilson, was selected to write a first draft of the Constitution. The committee presented a 23-article (plus preamble) constitution on August 6, 1787. The preamble began with, "We the People of the States of New-Hampshire, Massachusetts, Rhode-Island…".

The Committee of Style and Arrangement, composed of Alexander Hamilton, William Johnson, Rufus King, James Madison, and Gouverneur Morris, was selected to distill a final draft constitution from the 23 approved articles. The committee presented the completed final draft of the Constitution to the convention on September 12, 1787. The 23 articles had been reorganised into a cohesive document containing seven articles, a preamble, and a closing endorsement. Gouverneur Morris was the primary author of this draft.

Committee of Detail

The Committee of Detail was appointed to draft a written constitution for the United States of America. The Committee was formed after the 1787 Constitutional Convention, which was convened to revise the Articles of Confederation—America's first constitution. The Convention soon abandoned the Articles, opting instead to draft a new constitution with a stronger national government.

The Committee of Detail was appointed after two months of fierce debate at the Constitutional Convention. The Committee first studied the Convention's resolutions, state constitutions, the Articles of Confederation, and other applicable reports and documents. Edmund Randolph of Virginia then wrote a rough draft of a constitution, which James Wilson revised.

The Committee of Detail included Oliver Ellsworth (CT), Nathaniel Gorham (MA), Edmund Randolph (VA), John Rutledge (SC), and James Wilson (PA). On August 6, 1787, Rutledge delivered a working draft of the proposed Constitution to the delegates. This draft included a preamble, which began with the words, "We the People of the States of New-Hampshire, Massachusetts, Rhode-Island…".

After five weeks of debate over the Committee of Detail's draft, the Constitutional Convention appointed a Committee of Style and Arrangement to prepare a final version. Gouverneur Morris, later known as the "penman of the Constitution," did most of the work. On September 17, 1787, 38 delegates signed the Constitution, with George Reed signing on behalf of John Dickinson of Delaware, bringing the total number of signatures to 39.

Drafting Committee of India

The Indian Constitution was drafted by the Constituent Assembly, which was elected by members of the provincial assemblies. The 389-member assembly (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 Drafting Committee, set up by the Constituent Assembly on 29 August 1947, had seven members, including B.R. Ambedkar, who was elected as its Chairman. The other six members were K.M. Munshi, Muhammed Sadulla, Alladi Krishnaswamy Iyer, N. Gopalaswami Ayyangar, Devi Prasad Khaitan and BL Mitter. The committee was the most important compared to the other committees of the Constituent Assembly. It was responsible for scrutinising the draft of the text of the Constitution of India prepared by the Constitutional Adviser, making changes, and submitting the final draft to the President of the Constituent Assembly.

The Draft Constitution was presented to the Constituent Assembly on 4 November 1948 by B.R. Ambedkar. This version of the Draft Constitution was submitted to Rajendra Prasad, the President of the Constituent Assembly, in February 1948, along with a list of suggested amendments that emerged from the scrutiny of comments received from stakeholders and the general public. The Draft Constitution was now opened up for discussion in the Assembly. The Assembly debated the Draft article by article, discussing numerous amendments until October 17, 1949. The Drafting Committee revised the Draft based on these discussions, presenting a second version on November 14, 1949. The debates over the Draft constituted a significant part of the Constituent Assembly’s work, with 114 out of 165 sittings dedicated to it.

The Draft Constitution was ultimately adopted on 26 November 1949, becoming the Constitution of India.

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Constitutional Convention

The Constitutional Convention of 1787 was called to revise the Articles of Confederation, which were America's first constitution. However, the Convention abandoned the Articles, drafting a new Constitution with a much stronger national government. The Constitutional Convention was held in Philadelphia and lasted from May to September 1787.

The Convention was convened due to fears that the young country was on the brink of collapse. America’s first constitution, the Articles of Confederation, gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn’t regulate commerce, or print money. The states’ disputes over territory, war pensions, taxation, and trade threatened to tear the country apart.

The Constitutional Convention featured fierce debate over the structure and powers of a new federal government. A Committee of Detail was appointed to put the Convention's decisions in writing, and a Committee of Style and Arrangement was tasked with preparing the final version. The Committee of Detail included Oliver Ellsworth (CT), Nathaniel Gorham (MA), Edmund Randolph (VA), John Rutledge (SC), and James Wilson (PA). The Committee of Style and Arrangement included Alexander Hamilton (NY), William Johnson (CT), Rufus King (MA), James Madison (VA), and Gouverneur Morris (PA).

The final version of the Constitution was signed by 39 delegates on September 17, 1787. It was then submitted to the states for ratification, with nine of the 13 states needing to approve it for it to go into effect. The ratification process was contentious, with Federalists and Anti-Federalists clashing over the role of a strong central government. Eventually, 11 states ratified the Constitution, instituting a new form of government for the United States.

B. N. Rau's role

B. N. Rau, a jurist and civil servant, played a pivotal role in drafting the Indian Constitution. Appointed as the constitutional adviser to the Constituent Assembly in 1946, Rau was responsible for preparing the initial draft of the constitution. He was tasked with creating the constitution's general structure, drawing on reports from committees and his own research into the constitutions of other nations. Rau's draft was then considered, debated, and amended by the seven-member drafting committee, chaired by B. R. Ambedkar.

Rau's contribution to the constitution-making process was significant. He was responsible for the original framework and content of the constitution, which laid the foundation for further discussions and amendments. Rau's expertise in law and his experience as a civil servant likely contributed to the thoroughness and legality of the draft. His appointment as a constitutional adviser demonstrates the importance placed on his skills and knowledge in shaping India's governing document.

The drafting committee, led by Ambedkar, built upon Rau's initial draft, incorporating their own insights and accommodating different viewpoints. Despite facing challenges, such as the resignation and absence of some members, the drafting committee successfully revised the draft constitution and submitted it to the assembly on November 4, 1947. The committee's dedication and ability to devise new formulas were crucial in finalizing the constitution.

Rau's role extended beyond drafting the constitution. As a respected legal mind, he advised the assembly on constitutional matters and guided the committee in their discussions. Rau's legal expertise ensured that the constitution was grounded in legal principles and complied with the necessary requirements. His input contributed to the clarity and precision of the final document. Rau's influence on the drafting committee and the overall constitution-making process was acknowledged by Ambedkar, who credited Rau for his significant contributions.

Following his work on the Indian Constitution, Rau went on to serve as a judge in the Permanent Court of International Justice in The Hague and as the president of the United Nations Security Council. His career trajectory demonstrates the high regard for his legal acumen and his continued contribution to international law and governance.

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