1. Introduction
The making of Indian Constitution resulted in the world’s lengthiest written constitution for any sovereign nation, a testament to the country’s diversity and complexity. At its adoption in 1950, the Constitution of India contained 395 articles organized into 22 parts and 8 schedules, amassing nearly 145,000 words-making it over 30 times longer than the US Constitution and far surpassing the average length of constitutions worldwide.
This comprehensive legal document lays down the fundamental political code, structure, powers, and duties of government institutions, as well as the rights and duties of citizens. Over the years, the Constitution has grown even further through more than 100 amendments, currently comprising 25 parts, 448 articles, 12 schedules, and five appendices, with approximately 117,369 words in its English version. The sheer scale and detail of the Indian Constitution reflect the framers’ intent to address the needs of a vast, pluralistic society and ensure justice, equality, and liberty for all its citizens.
Understanding the making of Indian Constitution is crucial for grasping the foundation of modern India’s democracy and governance. The Constitution is not just a legal document but the supreme law that defines the structure, powers, and functioning of government institutions while safeguarding the rights and freedoms of citizens. Appreciating its making highlights how India transitioned from colonial rule to a sovereign, democratic republic, overcoming challenges of diversity, social inequality, and integration of princely states.
The process involved extensive debates, consensus-building, and learning from global experiences to ensure justice, liberty, equality, and fraternity for all. By studying the making of Indian Constitution, we recognize the vision, resilience, and inclusivity of its framers, and better understand why the Constitution remains relevant as the guiding force for stability, rule of law, and national unity in a diverse country like India
Table of Contents
2. Historical Background
Early demands for a Constituent Assembly (M.N. Roy, 1934).
The earliest demand for a Constituent Assembly in India can be traced back to December 1934, when M.N. Roy, a prominent thinker and pioneer of the communist movement, first proposed the idea. Roy advocated for a body that would be representative of the Indian people and empowered to draft a constitution reflecting their aspirations, rather than one imposed by colonial rulers. This call for a Constituent Assembly emerged from growing dissatisfaction with British-imposed constitutional reforms that failed to grant real self-governance and left critical powers in the hands of the British government.
Roy’s proposal laid the intellectual groundwork for the Indian National Congress to officially demand such an assembly in 1935, marking a significant shift in the freedom movement’s objectives from mere reforms to complete self-determination. The making of Indian constitution thus began with this early vision, which eventually galvanized national leaders and the public to insist that only a constitution framed by Indians themselves could ensure justice, equality, and representation for all sections of society.
Role of Indian National Congress and the British response.
The Indian National Congress played a pivotal role in the making of Indian Constitution by being the first major political party to officially demand a Constituent Assembly in June 1934. This demand was a direct response to the British government’s 1933 White Paper, which proposed constitutional reforms that Congress and other Indian leaders found inadequate for true self-governance. The Congress insisted that only a constitution framed by an assembly elected on the basis of adult suffrage could genuinely represent the will of the Indian people.
Despite initial resistance, the British government finally acknowledged this demand in principle through the ‘August Offer’ of 1940, which marked the first formal acceptance of the idea of a Constituent Assembly to frame India’s Constitution. Throughout this period, the Congress continued to reject any constitutional framework imposed by the British, emphasizing that only a sovereign, Indian-elected assembly could ensure the nation’s right to shape its own political and economic future. This persistent advocacy by the Congress set the stage for the eventual convening of the Constituent Assembly and the making of Indian Constitution.
Events leading up to the Cabinet Mission Plan and the Assembly’s formation.
The events leading up to the Cabinet Mission Plan and the formation of the Constituent Assembly were shaped by a series of political developments and mounting pressure for Indian self-rule. By the mid-1940s, dissatisfaction with British-imposed constitutional reforms, such as the Government of India Acts of 1919 and 1935, had intensified, as these acts failed to provide genuine self-governance and left critical powers in British hands. The Quit India Movement of 1942 and growing unrest, including discontent within the armed forces, signaled to the British that their hold on India was weakening and that a political settlement was urgent.
In response, the British government sent the Cabinet Mission to India in March 1946, led by Lord Pethick-Lawrence, Stafford Cripps, and A.V. Alexander, with the aim of devising a plan for the peaceful transfer of power and addressing the competing demands of the Indian National Congress and the Muslim League. The Cabinet Mission rejected the idea of partition but proposed the creation of a Constituent Assembly, elected by provincial assemblies, to draft a new constitution for a united India. This proposal was accepted, and the Constituent Assembly was formed in November 1946, marking a decisive step in the making of Indian Constitution and paving the way for India’s independence.
3. Formation of the Constituent Assembly
Composition and election of members.
The making of Indian Constitution began with the formation of the Constituent Assembly, a body established under the Cabinet Mission Plan of 1946 as a partly elected and partly nominated institution. The Assembly was composed of 389 members at its inception: 292 were elected by the provincial legislative assemblies of British India, 93 were nominated by the princely states, and 4 represented the chief commissioners’ provinces (Delhi, Ajmer-Marwar, Coorg, and British Baluchistan). The election process was indirect-members were chosen by the newly elected provincial assemblies rather than by direct public vote, using proportional representation with a single transferable vote system.
Seats were allocated based on population, with one seat roughly per million people, and distributed among communities-Muslims, Sikhs, and the General category (all others)-to ensure minority representation. The princely states selected their representatives through nomination by their rulers. After the partition of India in August 1947, the Assembly’s strength was reduced to 299 as members from territories that became Pakistan withdrew.
The Assembly was a microcosm of India’s diversity, including representatives from the Indian National Congress (which held about 69% of the seats), the Muslim League (until partition), Scheduled Caste Federation, Communist Party, and other groups, as well as 15 women members at the outset. Prominent figures included Dr. Rajendra Prasad (President), Dr. B.R. Ambedkar (Chairman of the Drafting Committee), Jawaharlal Nehru, Sardar Vallabhbhai Patel, and several pioneering women leaders. The Constituent Assembly first convened on December 9, 1946, and worked for nearly three years to frame the Constitution, reflecting the country’s social, cultural, and political diversity in its composition and deliberations.
Key personalities: Dr. Rajendra Prasad, Dr. B.R. Ambedkar, Jawaharlal Nehru, Sardar Patel, Maulana Azad, etc.
The making of Indian Constitution was shaped by the vision and dedication of several key personalities, each bringing unique strengths to the process. Dr. Rajendra Prasad, as President of the Constituent Assembly, provided steady leadership and ensured the smooth conduct of debates, guiding the Assembly through complex issues and fostering consensus among diverse members. Dr. B.R. Ambedkar, often hailed as the “Father of the Indian Constitution,” was the Chairman of the Drafting Committee. He played the most critical role in framing the Constitution’s legal and social framework, advocating for social justice, equality, and fundamental rights, and meticulously defending the draft in the Assembly.
Jawaharlal Nehru, the first Prime Minister of independent India, contributed visionary leadership and introduced the Objectives Resolution, which laid the philosophical foundation for the Constitution’s Preamble and articulated the aspirations of a free nation. Sardar Vallabhbhai Patel, as Minister of Home Affairs, was instrumental in integrating the princely states and shaping the federal structure of the Constitution, ensuring national unity. Maulana Abul Kalam Azad, a prominent educationist and freedom fighter, also played an influential role in the Assembly’s deliberations, advocating for secularism and minority rights. Together, these leaders and their colleagues ensured that the making of Indian Constitution reflected the ideals of justice, liberty, equality, and fraternity for all citizens.
Challenges faced, including partition and representation.
The making of Indian Constitution was fraught with immense challenges, the most significant being the trauma of partition and the complexities of representation in a vast, diverse nation. The partition of India in 1947, based on religious lines, led to unprecedented communal violence, mass migrations, and the deaths of at least a million people on both sides of the new border. This upheaval not only created deep social and emotional scars but also posed immediate challenges for the Constituent Assembly, as members from areas that became Pakistan withdrew, reducing the Assembly’s strength and complicating the process of inclusive representation.
Another major challenge was integrating over 500 princely states, whose rulers were given the choice by the British to join India or Pakistan or remain independent. The uncertainty and negotiations surrounding their merger demanded significant diplomatic effort and delayed consensus-building. Additionally, India’s immense diversity-across regions, languages, religions, and cultures-meant that the framers had to balance the interests and aspirations of various groups, ensuring that the Constitution would be acceptable and just for all citizens.
The Assembly also faced the daunting task of transitioning people from being colonial subjects to empowered citizens, while lacking any precedent for such a comprehensive exercise in a newly independent and deeply divided country. Despite these formidable obstacles, the making of Indian Constitution stands as a remarkable achievement in consensus-building, inclusivity, and nation-building.
4. Key Events in the Framing Process
First Session and Adoption of the Objectives Resolution
The making of Indian Constitution officially began with the first session of the Constituent Assembly on 9 December 1946 in New Delhi’s Constitution Hall, now known as the Central Hall of Parliament. This historic gathering marked the moment when Indians took charge of framing their own destiny, despite the absence of the Muslim League, which boycotted the session demanding partition. Sachchidananda Sinha was appointed as the interim chairman, and the session commenced with the oath-taking ceremony for the attending members.
On 13 December 1946, Jawaharlal Nehru introduced the Objectives Resolution, a visionary document that laid out the guiding principles for the Constitution. The Resolution declared India an independent, sovereign republic and pledged justice, equality, and fraternity for all citizens, with special safeguards for minorities and backward classes. It also emphasized federalism, fundamental rights, and India’s commitment to world peace. The Objectives Resolution was unanimously adopted on 22 January 1947, forming the philosophical backbone of the Constitution and later evolving into its Preamble.
Formation and Roles of Various Committees
To manage the complex task of drafting the Constitution, the Constituent Assembly established 22 committees, each focusing on specific aspects of governance and rights. Among the most significant were the Drafting Committee (chaired by Dr. B.R. Ambedkar), the Union Constitution Committee, the Union Powers Committee (both chaired by Jawaharlal Nehru), and the Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas (chaired by Sardar Vallabhbhai Patel).
These committees conducted detailed studies, debated issues, and presented reports on matters such as fundamental rights, minority protections, the structure of government, and the integration of princely states. The Drafting Committee, set up on 29 August 1947, was tasked with preparing the actual text of the Constitution based on the reports and recommendations from other committees. Its seven members, including Dr. Ambedkar, K.M. Munshi, Alladi Krishnaswami Ayyar, and others, meticulously scrutinized every provision to ensure clarity, justice, and inclusivity. The work of these committees was foundational, as their recommendations formed the building blocks of the Constitution’s final draft.
Major Debates and Public Consultations
The making of Indian Constitution was characterized by rigorous debates and a remarkable degree of public engagement. The Constituent Assembly met for 166 days over nearly three years, holding extensive discussions on every clause, with members representing a wide range of political, social, and regional backgrounds. The debates addressed contentious issues such as the inclusion of “God” and “Gandhi” in the Preamble, the scope of fundamental rights, the reservation system, and the Uniform Civil Code.
Importantly, the Draft Constitution, prepared by the Drafting Committee, was published and widely circulated in 1948, inviting feedback from provincial governments, legal experts, organizations, and ordinary citizens. Thousands of letters, proposals, and memoranda poured in, reflecting the public’s aspirations and concerns. While the Assembly was not directly elected by universal adult suffrage, this process allowed significant, if indirect, participation from the broader populace. The Assembly carefully considered these inputs, leading to numerous amendments and refinements before the Constitution was finally adopted on 26 November 1949 and came into force on 26 January 1950.
5. Drafting and Adoption
Role of the Drafting Committee and Dr. B.R. Ambedkar
The Drafting Committee was the most crucial committee in the making of Indian constitution, established on 29 August 1947 to prepare and scrutinize the draft of the Constitution based on the decisions and reports of various other committees. Chaired by Dr. B.R. Ambedkar, the committee comprised seven members: Alladi Krishnaswami Ayyar, N. Gopalaswami Ayyangar, K.M. Munshi, Mohammad Saadulla, B.L. Mitter (later replaced by N. Madhava Rao), and D.P. Khaitan (later replaced by T.T. Krishnamachari). Dr. Ambedkar’s leadership was pivotal-he brought legal acumen, social vision, and a commitment to justice, equality, and individual rights.
Under his guidance, the committee examined global constitutional models and adapted their best features to Indian realities, ensuring the inclusion of fundamental rights, social justice provisions, federal structure, and protection for minorities and marginalized communities. Ambedkar’s role as chief architect ensured that the Constitution would serve as a transformative document for Indian society.
Timeline: From First Meeting (Dec 1946) to Adoption (Nov 1949) and Enforcement (Jan 1950)
The journey of making of Indian constitution spanned nearly three years, marked by key milestones:
The Assembly met for 166 days across 11 sessions, with the process taking 2 years, 11 months, and 18 days to complete.
Public Feedback and Amendments
A remarkable feature of the making of Indian constitution was the openness to public participation and feedback. After the Draft Constitution was submitted on 21 February 1948, it was widely circulated among Assembly members, provincial governments, legal bodies, and the general public, inviting comments and suggestions. Thousands of letters, telegrams, and memoranda poured in from individuals, organizations, and interest groups, reflecting a vibrant engagement with the constitution-making process. The Drafting Committee reviewed these suggestions in detail, leading to several amendments and refinements in the draft. The Assembly then debated each article and amendment extensively before final adoption, ensuring the Constitution reflected both expert deliberation and the aspirations of the Indian people.
6. Influences and Sources
Constitutions and Legal Systems that Inspired the Framers
The making of Indian constitution was profoundly influenced by various global constitutions and legal systems, with the framers deliberately selecting features that suited India’s unique needs. The most significant source was the Government of India Act, 1935, which provided the structural framework for federalism, division of powers, office of governor, judiciary, and public service commissions. The British Constitution contributed the parliamentary system, rule of law, legislative procedures, and the concept of Cabinet government. From the United States Constitution, India borrowed the principles of judicial review, independence of the judiciary, the federal structure with a strong centre, and the Bill of Rights, which inspired India’s Fundamental Rights.
The Irish Constitution influenced the Directive Principles of State Policy, while the Canadian Constitution inspired the model of a strong central government with residual powers. Other influences included the Australian Constitution (concurrent list, freedom of trade), the French (ideals of liberty, equality, fraternity), and the Soviet Union (fundamental duties, social and economic rights). Dr. B.R. Ambedkar famously described the Constitution as being framed after “ransacking all the known Constitutions of the world”.
Adaptation to Indian Realities and Unique Features
While the making of Indian constitution involved borrowing from diverse sources, the framers meticulously adapted these features to suit India’s complex socio-political and historical context. Rather than simply copying, they tailored each provision to address the country’s vast diversity, history of colonial rule, and social inequalities. For instance, the separation of powers was adopted with a flexible approach, balancing the British principle of parliamentary sovereignty and the American principle of judicial supremacy, ensuring both legislative authority and judicial oversight.
The federal system was designed with a unitary bias to maintain national unity, allowing the centre to assume greater powers during emergencies. India’s Constitution also introduced unique innovations such as single citizenship, universal adult franchise, special provisions for minorities and backward classes, and an elaborate system of affirmative action (reservations) to promote social justice-features not found in many other constitutions. The blend of global principles and indigenous adaptations has made the Indian Constitution a “living document,” capable of evolving with the needs of a pluralistic and dynamic society.
7. Salient Features and Legacy
Supremacy of the Constitution, Federal Structure, Secularism, Judicial Review
The making of Indian constitution resulted in a document that stands as the supreme law of the land, ensuring that all government actions and laws must conform to its provisions. This principle of constitutional supremacy distinguishes India from countries like the United Kingdom, where parliamentary sovereignty prevails. The Constitution establishes a federal structure by dividing powers between the central government and the states, as detailed in Articles 1, 246, and the Seventh Schedule, while also incorporating unitary features to maintain national integrity during emergencies.
Secularism is a cornerstone of the Indian Constitution, explicitly declared in the Preamble and reinforced through fundamental rights such as Articles 14, 15, 25, and 26, which guarantee equality before the law and freedom of religion for all citizens. Unlike Western secularism, Indian secularism respects all religions equally and allows the state to intervene when necessary to ensure social justice and harmony.
Judicial review is another salient feature, empowering the independent judiciary-especially the Supreme Court-to interpret the Constitution and strike down any law or executive action that violates constitutional provisions. This mechanism safeguards citizens’ rights and maintains the balance of power among the branches of government.
The ‘Basic Structure’ Doctrine and Its Significance
A defining legacy of the making of Indian constitution is the Basic Structure Doctrine, established by the Supreme Court in the landmark Kesavananda Bharati case of 1973. This doctrine asserts that while Parliament has wide powers to amend the Constitution under Article 368, it cannot alter or destroy its “basic structure”-the core principles and values such as the supremacy of the Constitution, rule of law, separation of powers, federalism, secularism, and judicial review.
The Basic Structure Doctrine acts as a safeguard against arbitrary or authoritarian amendments, preserving the Constitution’s integrity and protecting fundamental rights. It ensures that the essential vision and values of the framers remain intact, even as the nation evolves. This doctrine has empowered the judiciary to act as a guardian of the Constitution, promoting constitutional morality and preventing any erosion of democratic ideals.
Lasting Impact on Indian Democracy and Governance
The enduring legacy of the making of Indian constitution is its role as the bedrock of India’s democracy and governance. It has provided a stable framework that upholds justice, liberty, equality, and fraternity, accommodating the country’s immense diversity while fostering national unity. The Constitution has enabled the peaceful transfer of power through regular elections, safeguarded individual rights, and provided mechanisms for legal redress, contributing to the rule of law and political stability.
By banning caste discrimination, guaranteeing fundamental rights, and instituting affirmative action, the Constitution has been instrumental in promoting social justice and inclusion. Its adaptability-through a blend of rigidity and flexibility-has allowed it to remain relevant and responsive to changing societal needs, making it a “living document” that continues to guide India’s progress as the world’s largest democracy.
8. Conclusion
The Constitution’s Continuing Relevance and Celebration as Republic Day
The making of Indian constitution is not just a historical milestone-it remains a living force in the daily lives of Indian citizens. Every year, 26th January is celebrated as Republic Day, commemorating the day the Constitution came into effect in 1950 and India truly became a sovereign, democratic republic. This day is marked by grand parades, patriotic fervor, and reaffirmation of the values enshrined in the Constitution.
The document continues to serve as the supreme law, guiding the nation through changing times, upholding fundamental rights, and ensuring justice, equality, and liberty for all. Its resilience and adaptability have allowed India to navigate complex challenges, making the Constitution an enduring symbol of unity and democratic governance.
Reflection on the Inclusive, Consultative, and Visionary Nature of the Process
Reflecting on the making of Indian constitution reveals a process that was remarkably inclusive, consultative, and visionary. The Constituent Assembly brought together leaders from diverse backgrounds, ideologies, and communities, ensuring that the voices of minorities, women, and marginalized groups were heard. Extensive debates, committee deliberations, and public feedback shaped every article, demonstrating a deep commitment to consensus and democratic ideals.
The framers drew from global best practices but adapted them thoughtfully to India’s unique realities, crafting a document that balanced tradition with modernity. Their vision and foresight have ensured that the Constitution remains not only a legal framework but also a moral compass for the nation-one that continues to inspire, protect, and empower generations of Indians.
