The Making of the Indian Constitution: A Long and Arduous Journey

India’s constitution is one of the longest in the world, with 395 articles and 12 schedules. It provides the framework for the world’s largest democracy and took nearly 3 years to draft. The constitution-making process involved intense debates and negotiations between multiple stakeholders. Here is a look at the key events and personalities that shaped the Indian constitution.

Pre-Independence Constitutional Developments

• Indians had little say in governance during British colonial rule. The British imposed authoritarian laws and policies.
• Early calls for self-rule and swaraj by the Indian National Congress in the late 19th century. Prominent leaders included Dadabhai Naoroji, Gopal Krishna Gokhale, and Bal Gangadhar Tilak.
• The Government of India Act of 1919 introduced diarchy or dual government in the provinces. Elected Indian ministers could make laws for some domestic matters.
• Government of India Act 1935 gave provinces autonomy and provided for the first elected governments in the provinces. The central government remained under British control.

The Demand for a Constituent Assembly

• Congress and the Muslim League make the demand in the 1930s. Seen as important for drafting India’s constitution after independence.
• The British government accepted the demand during the Simla Conference in 1945.
• Provincial elections were held in 1946 to elect members to the Constituent Assembly. The Assembly had 389 members – 292 were from the provinces, 93 were nominated from the princely states and 4 were from the chief commissioner provinces.

The Objectives Resolution

• The Constituent Assembly held its first session on December 9, 1946, chaired by Dr. Sachidanand Sinha, the eldest member.
• On December 13, 1946, Jawaharlal Nehru moved the historic Objectives Resolution. It laid down the aims and objectives to guide the Constitution making.
• The Resolution declared India to be an independent sovereign republic. Guaranteed citizens justice, equality and freedom.
• Laid the framework for the democratic and secular nature of the Constitution. Drawn from Western constitutional principles and Indian national movement ideals.

The Cabinet Mission Plan Divide

• In May 1946, the British government announced the Cabinet Mission Plan. Proposed for a united India with groupings of Hindu and Muslim-majority provinces.
• Congress accepted the Plan but the League rejected it, demanding a separate Pakistan. Division between Congress and League members of the Constituent Assembly.
• Muslim League members withdrew from the Constituent Assembly in July 1946 over the Plan controversy. Left the Assembly without the participation of a large section of the Indian population.

Interim Government Headed by Nehru

• The Interim Government started functioning in September 1946 under Nehru’s leadership. It had representatives from both Congress and the Muslim League.
• Signaled the gradual transfer of power to Indian hands. The Constituent Assembly could draft the constitution without British intervention.

Major Committees of the Constituent Assembly

Several key committees were formed to frame different sections of the constitution:

• Drafting Committee – Headed by Dr. B.R. Ambedkar. Responsible for preparing the actual draft. Had 7 members – Ambedkar, Alladi Krishnaswamy Iyer, N. Gopalaswamy Ayyangar, K.M. Munshi, Mohammad Saadullah, N. Madhava Rau, and T.T. Krishnamachari.
• Union Powers Committee – Headed by Jawaharlal Nehru. Examined center-state relations and division of powers.
• Provincial Constitution Committee – Headed by Sardar Vallabhbhai Patel. Drafted constitutional provisions related to provinces.
• Advisory Committee on Fundamental Rights, Minorities, etc. – Chaired by Sardar Patel. Dealt with citizens’ rights and safeguards for minorities.

Sir Benegal Narsing Rau: The Constitutional Advisor

• Rau, an experienced civil servant and jurist, was appointed as the constitutional advisor to aid the Assembly in its task.
• Prepared the initial draft of the Constitution, which became the basis for discussions.
• Followed an eclectic approach and borrowed provisions from constitutions across the world – Britain, US, Canada, Australia, Ireland and even the USSR.
• Rau’s draft provided the structure and framework adopted by the Drafting Committee under Ambedkar’s leadership.

Ideological Differences and Debates

There were heated debates and ideological differences between various groups in the Assembly:

• Congress vs Muslim League – Even after Partition was announced, Muslim League members argued for a decentralized confederation vs a strong center advocated by Congress. Eventually, League members left the Assembly.
• Ambedkar vs Traditionalists – Ambedkar wanted reform of Hindu laws and social system. Faced opposition from conservative leaders like Madan Mohan Malviya.
• Hindi vs English – Contention over the national language issue. Finally settled by making both official languages for 15 years.
• States vs Centre – Concerns raised by provincial representatives over the division of powers and States’ autonomy. Resolved by giving States control over local subjects.

Key Features and Guiding Principles

Despite differences, the Assembly managed to agree on key features and principles for the Constitution:

• Federal structure with a strong Centre
• Parliamentary form of government
• Separation of powers between the legislature, executive, and judiciary
• Independent judiciary
• Fundamental rights for citizens
• Directive principles of state policy
• Accommodation of diversity and plurality
• A secular state with no official religion
• Universal adult franchise

Signing of the Constitution

• The Constituent Assembly held its final session on January 24, 1950.
• 284 members signed the constitution, which was written in both Hindi and English. Many members signed in their mother tongue or even signed in devotion.
• The Constitution came into effect on January 26, 1950. This day is celebrated annually as Republic Day in India.
• The Assembly also became India’s first Parliament under the new Constitution.

The Constitution reflected the ideals and values of independent India. Despite deadline pressures, the Assembly managed to harmonize diverse viewpoints and negotiate a consensus on most issues. The Constitution has stood the test of time as a visionary and progressive document.