Making of the Indian Constitution

India, a country rich in history, culture, and traditions, boasts of having the longest written constitution in the world. The Indian Constitution, with its 448 Articles, 25 Parts, and 12 Schedules, is a comprehensive document that serves as the fundamental law of the land. It lays down the legal framework for the governance of India and outlines the duties and rights of its citizens. 

The Constitution of India has been hailed as one of the most progressive and dynamic legal documents globally, carefully crafted after years of deliberation, debates, and deliberations within the Constituent Assembly.

The making of the Indian Constitution was a long and complex process, spanning over two years, 11 months, and 18 days. It was not a straightforward task, especially given the vast diversity of India, the various political and social challenges, and the need for a balance between unity and autonomy. The Constitution was adopted on 26th November 1949 and came into effect on 26th January 1950, which is now celebrated as Republic Day in India.

In this article, we will explore the making of the Indian Constitution, its sources, the key players involved, the committees formed, and the challenges faced during its creation.

The Need for Framing the Indian Constitution

The Indian Constitution was drafted in a post-colonial context, after India gained independence from British rule in 1947. The end of colonial rule left a void in governance and the need for a clear, structured framework to govern a newly independent nation. This void required a legal document that could serve as the foundation for the newly established democratic republic. Some of the primary reasons for framing the Constitution were:

1. New Governance Structure: After British colonial rule, there was an urgent need for a governance system that reflected India’s democratic aspirations.
2. Diversity of India: India, with its myriad cultures, languages, religions, and traditions, required a uniform law to ensure unity and integrity while respecting its diversity.
3. Safeguarding Rights: One of the most important functions of the Constitution was to safeguard the human rights of Indian citizens and protect them from arbitrary actions of the state.
4. Social Justice and Equality: The Constitution was designed to address long-standing issues such as caste-based discrimination, gender inequality, and religious intolerance, ensuring social justice for all.
5. Democracy and Accountability: The framers of the Constitution wanted to establish a system of governance that would guarantee political accountability, free and fair elections, and democratic principles.

Thus, the need to draft a comprehensive Constitution arose out of the desire for a stable, democratic, and just nation.

The Role of the Constituent Assembly

The Constituent Assembly of India played a pivotal role in framing the Indian Constitution. The idea of a Constituent Assembly was first proposed by M. N. Roy in 1934, but it was only in 1940 that the British government accepted the demand for a Constituent Assembly. The Cabinet Mission in 1946 further advanced this idea, leading to the formation of the Constituent Assembly, which was tasked with drafting the Constitution.

The Constituent Assembly was composed of elected representatives, who were chosen by the members of provincial legislatures. It had a total of 389 members, which was later reduced to 299 after the partition of India. The Assembly met for the first time on December 9, 1946, and Dr. Sachidanand Sinha was elected as the first President of the Assembly. On December 11, 1946, Dr. Rajendra Prasad was elected as the permanent President.

The Assembly held 11 sessions over a period of 165 days, and it was during these deliberations that the Indian Constitution began to take shape. The Assembly was responsible not only for drafting the Constitution but also for making significant decisions on national issues, such as adopting the national flag and anthem.

Key Figures in the Making of the Constitution

Several leaders played a crucial role in the drafting of the Indian Constitution. Some of the most prominent figures include:

• Dr. B.R. Ambedkar: Often regarded as the principal architect of the Indian Constitution, Dr. Ambedkar chaired the Drafting Committee. His intellectual contributions and legal acumen were instrumental in shaping the Constitution. He was a champion of social justice and worked tirelessly to ensure the inclusion of provisions that would protect the rights of Dalits and other marginalised communities.
• Jawaharlal Nehru: The first Prime Minister of India, Nehru was a key figure in the Constituent Assembly. He introduced the Objectives Resolution, which laid down the guiding principles for the Constitution, including India’s commitment to democracy, secularism, and socialism.
• Sardar Vallabhbhai Patel: Known as the Iron Man of India, Patel played a crucial role in the integration of princely states into the Indian Union. He was also involved in the drafting of provisions related to fundamental rights and the structure of the federal government.
• Dr. Rajendra Prasad: The first President of India, Dr. Prasad was the permanent Chairman of the Constituent Assembly. He was deeply involved in the discussions and debates that led to the finalisation of the Constitution.

The Committees of the Constituent Assembly

To facilitate the drafting process, the Constituent Assembly established various committees, each tasked with specific aspects of the Constitution. Some of the important committees were:

1. Drafting Committee: Chaired by Dr. B.R. Ambedkar, this committee was responsible for preparing the final draft of the Constitution. It worked on incorporating proposals and recommendations made by other committees. The first draft was completed in six months, and it went through several revisions before being presented to the Assembly for approval.
2. Union Power Committee: This committee was tasked with defining the subjects over which the union executive and legislature would have power. It was headed by Jawaharlal Nehru.
3. Provincial Constitution Committee: Headed by Sardar Vallabhbhai Patel, this committee focused on creating a model for the provincial governments and their relationship with the central government.
4. Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas: Also headed by Sardar Patel, this committee was responsible for drafting provisions related to fundamental rights, minorities, and the integration of tribal areas.
5. Rules of Procedure Committee: This committee framed the rules for the conduct of business in the Constituent Assembly, including admission, resignation of members, and procedural matters.
6. States Committee: Chaired by Jawaharlal Nehru, this committee negotiated with the princely states for their integration into the Indian Union.

Each committee played a significant role in shaping the Constitution, and their collective efforts culminated in the adoption of the final document.

Sources of the Indian Constitution

The Indian Constitution is a product of multiple influences, drawing from various global sources to create a unique document that suited India’s needs. Some of the key sources of the Indian Constitution include:

1. Government of India Act, 1935: This Act provided the framework for federalism, provincial autonomy, and bicameralism, which were later incorporated into the Indian Constitution.
2. British Constitution: The British parliamentary system of government, rule of law, and single citizenship were borrowed from the British Constitution.
3. U.S. Constitution: The U.S. Constitution influenced the inclusion of fundamental rights, the concept of judicial review, and the independence of the judiciary in the Indian Constitution.
4. Irish Constitution: The Directive Principles of State Policy (DPSPs) and the method of electing the president were inspired by the Irish Constitution.
5. Canadian Constitution: The Canadian model of federalism with a strong central government and the vesting of residuary powers in the centre were incorporated into the Indian Constitution.
6. Australian Constitution: The concurrent list, freedom of trade and commerce, and the joint sitting of the two Houses of Parliament were drawn from the Australian Constitution.
7. Soviet Constitution: The Soviet Constitution contributed to the concept of fundamental duties, which were added to the Indian Constitution later.
8. French Constitution: The ideals of liberty, equality, and fraternity, along with the republican nature of the state, were adopted from the French Constitution.

Key Features of the Indian Constitution

The Indian Constitution is known for its unique features, which blend flexibility with rigidity, centralisation with decentralisation, and democracy with welfare. Some of the key features of the Indian Constitution are:

• Length: It is the longest written constitution in the world.
• Preamble: The Preamble outlines the objectives of the Constitution, including justice, liberty, equality, and fraternity.
• Federal Structure: India has a federal system, with a strong central government, but with provisions for state autonomy.
• Secularism: The Constitution ensures that the state will not favour any religion, thus ensuring religious freedom for all citizens.
• Socialism: The Constitution aims to provide social, economic, and political justice to all citizens.
• Fundamental Rights and Duties: The Constitution guarantees fundamental rights to all citizens and outlines the fundamental duties they must uphold.

Conclusion

The making of the Indian Constitution was a monumental task that required immense dedication, wisdom, and compromise. The framers of the Constitution succeeded in creating a document that not only reflected the aspirations of the Indian people but also laid down a framework for governance that has stood the test of time. The Indian Constitution is not just a legal document but a living instrument that continues to shape India’s political and social landscape.

The adoption of the Constitution on 26th November 1949 and its enforcement on 26th January 1950 marked the beginning of a new era for India, where the principles of democracy, justice, and equality were enshrined. 

The Constitution has been instrumental in safeguarding the rights of the people, maintaining the unity of the country, and ensuring that India remains a sovereign, democratic republic. As we continue to celebrate Republic Day each year, we are reminded of the remarkable vision and efforts of those who made the Indian Constitution possible.