Making of the Indian Constitution was a lengthy process, involving 299 members elected from provincial assemblies to the Constituent Assembly. It spanned nearly three years, with eleven sessions held over 165 days. Indian Constitution was adopted on November 26, 1949, it came into force on January 26, 1950.It laid the foundational Governance framework in the country. Making of the Constitution is a crucial topic of Indian Polity subject for the upcoming UPSC CSE Examinations.

Evolution of Indian Constitution

Demand for Constituent Assembly

• M.N. Roy, a pioneer of the communist movement in India was the first person to put forward the ideas of the Constituent Assembly for India in 1934.
• Indian National Congress (INC) for the first time officially demanded a Constituent Assembly to draft the Indian Constitution in 1935.
• On behalf of the INC, Jawaharlal Nehru declared in 1938 that " the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise."
• British Government finally accepted the demand in the 'August Offer' of 1940.
• Cripps Proposal also underlined setting up a Constitution-making body for India after World War II.
• The Cabinet Mission of 1946 rejected the idea of two Constituent Assemblies for two dominions India and Pakistan.It proposed a scheme for the single Constituent Assembly which was not acceptable to the Muslim League.

Composition of Constituent Assembly

• The Constituent Assembly was established under the Cabinet Mission Plan of 1946.
• The Assembly was made up of 389 members. Of these,296 seats were allotted to British India and 93 seats to the princely states.
• Each province and the princely state were to be allotted seats in proportion to their respective population. Roughly,one seat was to be allotted for every million population.
• Seats allocated to each British province were to be divided among the three Principal communities -Muslims, Sikhs and General in proportion to their population.
• The representatives of each community were to be elected by members of that community in the provincial legislative assembly.
• The representatives of the princely states were to be nominated by the heads of the Princely states.
• Therefore,Constituent Assembly was partly elected and partly nominated body.
• Voting was to be done by the method of proportional representation by means of single transferable vote.Therefore it was not directly elected by the people of India on the basis of Universal adult franchise.

Framing of Indian Constitution

• The Indian Constitution was drafted by a constituent Assembly established under the Cabinet Mission Plan of 1946.
• Following the withdrawal of Muslim League members following the country's partition, the Assembly's strength was reduced to 299 (229 representing provinces and 70 representing states).
• The Constituent Assembly established 13 committees to frame the constitution.
• Based on the reports of the committees, a draft of the constitution was prepared by a seven-member Drafting Committee chaired by Dr. B.R. Ambedkar based on the reports of these committees.
• The draft constitution was published in January 1948, and the public had eight months to discuss it and propose amendments.
• After the draft was discussed by the people, the press, the provincial assemblies, and the constituent Assembly, the same was finally adopted on November 26, 1949, and was signed by the President of the Assembly.
• India's Constitution is not entirely an original document but is a product of careful adaptation and borrowing of features from various other constitutions around the world
• While adopting these features, the framers of the constitution made necessary modifications for its suitability to Indian conditions and avoided their flaws.
• The constitutions of the United Kingdom, the United States, Ireland, and Canada, among others, had a significant impact on the Indian Constitution.
• The Indian Constitution is a document that lays out a vision for social change. The Constitution embodies liberal democracy and secularism principles, as well as some elements of social democracy.

Objectives of the Constitution

The objectives of the constitution were outlined in the Objective Resolution, which was proposed by Jawaharlal Nehru and adopted by the Constituent Assembly on January 22, 1947. The resolution's main principles were as follows:

• To develop India as an independent sovereign republic.
• To create a democratic Union with equal self-government for all constituent parts.
• To guarantee and secure to all Indians. Justice: Social, economic, and political.
  • Equality of status, opportunity, and equality before the law
  • Freedom of thought, expression, belief, faith, worship, vocation association, and action.
• To provide Adequate safeguards for minorities, backward and tribal areas, as well as the poor and other disadvantaged groups.
• To uphold the Republic's territorial integrity and sovereign rights on land, sea, and air in accordance with the justice and law of civilized nations.
• To ensure India's rightful and honoured place in the world.
• To contribute to the advancement of world peace and the well-being of humanity.

Enactment and Adoption of the Indian Constitution

• The Indian Constitution was adopted on November 26, 1949, which means it was finalized by the Constituent Assembly on that date.
• However, it came into effect two months after its adoption, on January 26, 1950, also known as the date of its "commencement."
• Some of its provisions, such as those relating to citizenship, elections, a provisional Parliament, temporary and transitional provisions, came into effect on November 26, 1949 only.
• The date January 26 was specifically chosen as the date of commencement of the Constitution because of its historical importance. January 26, 1930, was celebrated as Purn Swaraj Day following the 1929 Lahore session resolution of the INC.

Conclusion

The Constitution we have today is not the result of some haphazard, episodic efforts by a few individuals. It was, in fact, drafted and created by a body of learned people from various walks of life who specially assembled and convened for the explicit purpose of formulating a Law book of free India.

FAQs

Q1: What was the Constituent Assembly and what was its role in the making of the Indian Constitution?

Q2: When was the Indian Constitution adopted?

Q3: Who was the Chairman of the Drafting Committee of the Constituent Assembly?

Q4: How long did it take to draft the Indian Constitution?

Q5: What influenced the framing of the Indian Constitution?

MCQs

1. When was the Indian Constitution adopted?

a) 15 August 1947

b) 26 November 1949

c) 26 January 1950

d) 2 October 1947

2. Who was the President of the Constituent Assembly?

a) Jawaharlal Nehru

b) Dr. Rajendra Prasad

c) B.R. Ambedkar

d) Sardar Patel

3. How many members initially constituted the Constituent Assembly?

a) 200

b) 389

c) 500

d) 299

4. Which of the following influenced the framing of the Indian Constitution?

a) The Constitution of the United Kingdom

b) The Government of India Act, 1935

c) The American Constitution

d) All of the above

5. Who proposed the Objectives Resolution in the Constituent Assembly?

a) B.R. Ambedkar

b) Jawaharlal Nehru

c) Sardar Patel

d) Mahatma Gandhi

GS Mains Questions and Model Answers

Q1. Discuss the significance of the Objectives Resolution in the making of the Indian Constitution.

Answer: The Objectives Resolution, moved by Jawaharlal Nehru on 13 December 1946, served as a guiding document for the drafting of the Indian Constitution. It outlined the key principles upon which the Constitution would be based, such as sovereignty, democracy, justice, and equality. The resolution declared India as an independent and sovereign republic and emphasized the guarantee of fundamental rights to all citizens.
The Objectives Resolution played a critical role in shaping the constitutional debates and provided a vision for what the new nation would stand for. It helped unify the members of the Constituent Assembly around core values and became the foundation for many constitutional provisions, including the Preamble. Its adoption was a significant moment in the history of Indian democracy, marking the start of the constitutional journey.

Q2. Analyze the role of Dr. B.R. Ambedkar in the framing of the Indian Constitution.

Answer: Dr. B.R. Ambedkar, as the Chairman of the Drafting Committee, played a pivotal role in the framing of the Indian Constitution. Often referred to as the chief architect of the Constitution, Ambedkar brought his vast legal expertise and deep understanding of social issues to the table. His contributions were instrumental in drafting key provisions related to fundamental rights, social justice, and equality.
Ambedkar strongly advocated for the abolition of untouchability and the protection of minority rights, ensuring that the Constitution provided legal safeguards for marginalized communities. He also played a crucial role in formulating the Directive Principles of State Policy and the structure of Parliamentary Democracy in India. Ambedkar's vision of an inclusive, equitable, and democratic India is reflected throughout the Constitution, making his contributions invaluable to India's constitutional framework.

Q3. Evaluate the influence of foreign constitutions on the making of the Indian Constitution.

Answer: The Indian Constitution drew from several foreign constitutions while also addressing the specific needs and challenges of India. The Government of India Act, 1935, provided a structural framework for governance, including the federal system and provisions for provincial autonomy. The United Kingdom’s Constitution inspired India’s parliamentary system and the concept of rule of law.
The American Constitution influenced the inclusion of fundamental rights and the concept of judicial review, while the Irish Constitution inspired the Directive Principles of State Policy. Despite these influences, the framers of the Indian Constitution ensured that it was tailored to India’s unique socio-political context, including its diversity, history, and aspirations. By drawing on these global sources, the Indian Constitution emerged as a comprehensive and forward-looking document that laid the foundation for a vibrant democracy.

Previous Year Questions on  Making of The Constitution

1. UPSC CSE Mains 2017

Question. What was the significance of the Constituent Assembly debates in shaping the Indian Constitution?

Answer: The Constituent Assembly debates played a crucial role in shaping the Indian Constitution, providing a platform for members to discuss and deliberate on various issues, including fundamental rights, state structure, federalism, and social justice. The debates allowed representatives from different regions, communities, and political ideologies to present their views, making the Constitution an inclusive document that reflects the aspirations of diverse sections of society.
The debates also ensured that each provision of the Constitution was carefully examined, with amendments being made to reflect the collective will of the Assembly. The open discussions on contentious issues such as reservation, minority rights, and executive powers helped in arriving at balanced decisions. Overall, the Constituent Assembly debates were instrumental in making the Constitution a living document that could evolve with time.

2. UPSC CSE Mains 2018

Question. How did the Constituent Assembly address the challenges of diversity while framing the Indian Constitution?

Answer: The Constituent Assembly faced the challenge of addressing India’s vast diversity in terms of religion, language, caste, and culture. To ensure inclusivity, the Assembly adopted a federal structure that provided autonomy to the states while maintaining the unity of the nation. The inclusion of fundamental rights and Directive Principles of State Policy aimed to protect the rights of individuals and promote social and economic justice.
Special provisions were made for minorities, Scheduled Castes, and Scheduled Tribes to ensure that their interests were safeguarded. The Assembly also recognized the importance of linguistic diversity, leading to the adoption of a flexible language policy. By addressing these challenges, the framers of the Constitution ensured that the document would serve as a unifying force in a diverse and pluralistic society like India.

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