Constituent Assembly and Making of the Indian Constitution (1946–1950)
The Constituent Assembly (1946–1950) produced one of the world's longest and most comprehensive constitutions in less than three years, synthesising global constitutional thought with India's specific social context — Ambedkar's Drafting Committee achievement remains unparalleled in democratic history.
1. Formation of the Constituent Assembly
The Constituent Assembly was constituted under the Cabinet Mission Plan (1946):
- Members: 389 total (292 from British India provinces, 93 from princely states, 4 from Chief Commissioner's provinces).
- Elections: Indirect — elected by Provincial Legislative Assemblies on a restricted franchise.
- After Partition, it was reduced to 299 members (Muslim League members representing Pakistan left).
- Women members: 15 women, including Sarojini Naidu, Vijaya Lakshmi Pandit, Rajkumari Amrit Kaur, Hansa Mehta, Durgabai Deshmukh.
First meeting: 9 December 1946; temporary President: Sachchidananda Sinha (senior-most member). Dr. Rajendra Prasad was elected permanent President on 11 December 1946.
2. Key Personalities and Committees
Jawaharlal Nehru: Moved the Objectives Resolution (13 December 1946) — the philosophical charter of the Assembly; also chaired the Union Constitution Committee.
B.R. Ambedkar: Chaired the Drafting Committee (29 August 1947) — the committee responsible for the actual text. Called the "Chief Architect" of the Constitution.
Sardar Vallabhbhai Patel: Chaired the Advisory Committee on Fundamental Rights and Minorities and the Provincial Constitution Committee.
Other key figures: Alladi Krishnaswami Ayyar, T.T. Krishnamachari, K.M. Munshi, Gopalaswami Ayyangar.
B.N. Rau (Constitutional Advisor): Prepared preliminary draft; consulted constitutions of USA, UK, Ireland, Canada, Australia, France, Weimar Germany.
3. The Objectives Resolution (1946)
Nehru's Objectives Resolution (adopted 22 January 1947) declared:
- India to be an Independent Sovereign Democratic Republic.
- All power derived from the people.
- Social, economic and political justice for all citizens.
- Equality of status, opportunity and before the law.
- Freedom of thought, expression, belief, faith, worship, vocation, association and action subject to law and public morality.
- Adequate safeguards for minorities, backward and tribal areas, and depressed classes.
The Objectives Resolution was incorporated almost verbatim into the Preamble of the Constitution, with "Socialist" and "Secular" added by the 42nd Amendment (1976).
4. Major Debates in the Assembly
The Assembly's debates were extraordinarily substantive:
On Fundamental Rights vs. Directive Principles:
- The conflict between individual rights and the state's power to implement social welfare was resolved through Articles 36–51 (DPSPs) — non-justiciable but fundamental to governance.
On Reservations:
- Ambedkar pushed for reservations in legislatures and services for SCs/STs; he accepted the abolition of separate electorates (which he had earlier demanded) in exchange for reservations with a 10-year sunset (later extended repeatedly).
On Language:
- The most acrimonious debates were over the national language question. Hindi advocates (particularly from UP) and anti-Hindi southerners clashed repeatedly.
- Article 343 made Hindi the official language; English was to continue for 15 years. The 1963 Official Languages Act effectively made English permanent.
On the President's role:
- Debate between parliamentary sovereignty (British model) and presidential power (American model); India opted for Westminster parliamentary democracy with a largely ceremonial President.
On Uniform Civil Code (Article 44 DPSP):
- Ambedkar and Nehru wanted a UCC; Muslim members objected. It was placed in DPSPs — aspirational but non-enforceable.
5. Borrowed Features — India's Constitutional Synthesis
The Constitution drew from multiple sources:
| Source | Borrowed Feature |
|---|---|
| Government of India Act 1935 | Federal structure, emergency provisions, Governor |
| USA | Fundamental Rights, Supreme Court's judicial review, impeachment |
| UK | Parliamentary system, single citizenship, Cabinet responsibility |
| Ireland | Directive Principles of State Policy |
| Canada | Federal structure with strong centre |
| Australia | Concurrent List, joint sittings |
| South Africa | Amendment procedure |
| France | Republic, Liberty-Equality-Fraternity in Preamble |
| USSR | Fundamental duties (added later by 42nd Amendment) |
6. Final Adoption
- Draft Constitution completed by Drafting Committee: February 1948.
- Public debate and feedback period: 8 months.
- Second Reading in Assembly: November 1948 – October 1949 (clause-by-clause).
- Adopted: 26 November 1949 — this date is observed as Constitution Day (National Law Day).
- Enacted/Effective: 26 January 1950 — observed as Republic Day; India became a Republic and Dr. Rajendra Prasad became the first President.
Statistics: 2 years, 11 months, 18 days of work; 11 sessions; 166 days of actual sitting; 7,635 amendments moved; 2,473 accepted; total 395 Articles and 8 Schedules in original constitution (now 448 Articles and 12 Schedules after amendments).
7. UPSC Relevance
Prelims: First meeting = 9 December 1946; Ambedkar = Drafting Committee chair; Objectives Resolution moved by Nehru; Constitution adopted 26 November 1949; effective 26 January 1950; DPSP from Ireland.
Mains GS2/GS1: "The Constituent Assembly debates reveal a sophisticated, pluralist approach to nation-building." Discuss. | Explain Ambedkar's contribution to the Constitution. | Why did the Framers prefer a parliamentary over a presidential system?
Frequently Asked Questions
How was the Constituent Assembly formed?
It was constituted under the 1946 Cabinet Mission Plan through indirect election by the provincial assemblies, and first met in December 1946.
What was the Objectives Resolution?
Moved by Jawaharlal Nehru in 1946, it laid down the guiding principles and ideals that later formed the basis of the Preamble.
How long did it take to frame the Constitution?
The Constituent Assembly took about two years, eleven months and eighteen days, adopting the Constitution on 26 November 1949.
Why is the Indian Constitution called a 'borrowed' document?
It draws features from many sources — parliamentary government from Britain, fundamental rights from the USA, directive principles from Ireland and more — adapted to Indian needs.
Sources and Further Reading
According to standard UPSC references and NCERT texts, the framing is documented verbatim in the Constituent Assembly Debates.
- Constituent Assembly Debates (1946–49).
- Granville Austin, The Indian Constitution.
- NCERT, Indian Constitution at Work.