The Indian Constitution stands as a beacon of democracy and social justice, embodying the aspirations of a diverse nation. Crafted under the stewardship of Dr. B.R. Ambedkar and a Constituent Assembly comprising luminaries from various walks of life, it remains one of the longest and most detailed constitutions in the world. Its inception in 1950 marked a monumental moment in India’s journey towards independence, setting forth principles that continue to shape the nation’s governance and societal fabric. In this article we dive into the making of the Indian Constitution for UPSC preparation.
The making of the Indian Constitution didn’t happen overnight. It began many years before India gained independence in 1947 and carried on during the freedom struggle. After numerous debates and discussions in the Constituent Assembly, a new Constitution was finally drafted. The significant day arrived on January 26, 1950, when the written Constitution of India officially came into effect, marking a pivotal moment in India’s modern history.
Idea of Constitutional Assembly
The struggle for India’s independence involved a challenging battle between the demands of the national movement and the concessions granted by various Acts, such as those of 1909, 1919, and 1935. Leaders of the national movement began advocating for responsible government in India as early as 1890. By 1916, they were calling for the right of Indians to frame their own Constitution, emphasizing self-determination. This desire for a constitution based on self-determination dates back to 1916.
In response to the persistent demands of the national movement, the British government appointed the all-white Simon Commission in November 1927 to propose constitutional changes. Lord Borkenhead, the Secretary of State, challenged Indians to produce a constitution that had broad agreement among the diverse peoples of India. This challenge was first issued in 1925 and reiterated in 1927 when he introduced a bill for the establishment of the Simon Commission.
It was in 1934 when the idea of constitution assembly was put forward for the first time by MN Roy. Thereafter in 1935 Indian National Congress officially demanded for constitutional assembly. Jawaharlal Nehru stated that the Constitution of independent India should be created by a Constituent Assembly elected freely by the people, without any outside influence. This demand was finally accepted in “August Offer” of 1940.
In 1942, Sir Stafford Cripps visited India with a plan to create a new Constitution for an independent India. However, the Muslim League did not agree with this proposal and rejected it.
In 1946, a Cabinet Mission was sent to India. They didn’t agree with the idea of having two separate Constituent Assemblies. Instead, they wanted one Constituent Assembly for the whole country. So, elections were held according to the Cabinet Mission plan of 1946 to set up this Constituent Assembly.
Composition of Constitution Assembly
The Constituent Assembly had a total of 389 members. Out of these, 296 were from British India, but some members from the Muslim League left, reducing the count to 229. There were also 93 members from princely states, but this number decreased to 70 when the Muslim League members withdrew.
Seats were distributed among British provinces based on the populations of three main communities: Muslims, Sikhs, and General. Each community elected their representatives using a method called Proportional Representation through Single Transferable Vote. Representatives from princely states were chosen by their rulers.
It is clear that constitution assembly was partly elected and partly nominated body. The elected members were indirectly elected by members of provincial assembly who themselves were elected by limited franchise.
First Meeting of Constitution assembly was held on December 9, 1946. Muslim League boycotted this meeting. In this meeting Dr Sachchidananda Sinha, the oldest member was elected as the temporary President , Following the French practice. Later Dr. Rajendra Prasad was elected as the President of of the Assembly.
Objective Resolution
- To promote national unity and protect India’s economic and political interests, we aim to create a written Constitution, declaring India as a Sovereign, Democratic Republic.
- We plan to establish a federal government where powers are divided between the Central government and the states.
- We’re committed to ensuring justice, equality, and freedom for all Indians, including freedom of speech, religion, and association.
- We’ll put in place measures to protect minorities, backward areas, tribal communities, and other disadvantaged groups.
- We’ll safeguard India’s territorial integrity and sovereign rights over land, sea, and air, in line with international law.
- We aspire to gain respect on the global stage and contribute to world peace and the well-being of humanity.
Functions Performed by Constitution Assembly
- It ratified the Indian Membership of the Commonwealth in May 1949.
- It adopted National Flag on July 22,1947.
- It adopted the National anthem on January 24, 1950
- It adopted the National song on January 24, 1950
- It declared Rajendra Prasad as the first President of India on January 24,1950.
Criticism of Constitution Assembly
- Some people say the Constituent Assembly wasn’t truly representative because its members weren’t directly elected by all adults. But, at that time, holding such elections would have been tough due to the country’s division and communal tensions.
- Some argue that the Constitution took a long time to make. But given India’s vast diversity and complexity, this delay is understandable.
- The assembly wasn’t seen as sovereign because it was formed by the British. However, it functioned independently and with full authority.
- Critics found the language of the constitution too complicated and fancy.
- The Congress Party dominated the assembly, but this was natural as it also had a strong presence in provincial assemblies. Plus, it was a diverse party with members from various backgrounds.
- There were claims of Hindu dominance in the assembly. However, this was due to proportional representation from different communities.
Committees of Constitution Assembly
Major Committee
Minor Committee
Enforcement of Constitution
Some provisions of the constitution including citizenship, election, parliament provision came into force on November 26, 1949 itself, The remaining provision came into force on January 26, 1950.
This day was specifically chosen as the date of commencement of Constitution because of Historic Purna Swaraj Resolution passed in 1930 Lahore Session. Thereafter on 26 January the 1950, Constitution of India officially and fully came into working.
Dr. Babasaheb Ambedkar, which he had made in the concluding remarks of his speech in 1948.
“I feel that the Constitution is workable; it is flexible and it is strong enough to hold the country together both in peace-time and in wartime. Indeed, if I may say so, if things go wrong under the new Constitution, the reason will not be that we had a bad Constitution. What we will have to say is that man was vile.”
Read about Salient Features of Indian Constitution.