A comprehensive UPSC study note on the framing of the Indian Constitution — covering the Constituent Assembly, Drafting Committee under Ambedkar, sources borrowed from global constitutions, key features, criticisms, and Ambedkar's final speech of 25 November 1949.
Framing Indian Constitution refers to the structured, deliberative process by which India's Constituent Assembly, between December 1946 and November 1949, drafted and adopted a 395-article supreme law — drawing from global constitutional traditions, incorporating Fundamental Rights and Directive Principles, and establishing India as a sovereign, democratic republic that came into force on 26 January 1950.
How Was the Constituent Assembly Formed and How Did It Work?
The Constituent Assembly of India was constituted in December 1946 under the framework of the Cabinet Mission Plan of 1946. It comprised 299 members drawn from provincial legislatures through indirect election. Dr. Rajendra Prasad served as President of the Assembly, while Dr. B.R. Ambedkar chaired the Drafting Committee — the most critical body responsible for translating the Assembly's decisions into precise constitutional text.
Sir Benegal Narsing Rau (B.N. Rau) served as the Constitutional Adviser and prepared the initial draft based on international precedents and memoranda submitted by various parties. The Drafting Committee, appointed on 29 August 1947, had seven members and produced a Draft Constitution which was then debated clause by clause in the full Assembly. The Assembly held eleven sessions over nearly three years. More than 7,600 amendments were proposed and around 2,400 were discussed and voted upon.
The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950 — a date chosen to commemorate the declaration of Purna Swaraj (Complete Independence) passed at the Lahore session of the Indian National Congress in 1930.
What Were the Key Sources of the Indian Constitution?
The framers of the Indian Constitution were pragmatic in borrowing from established constitutional frameworks across the world. The major sources and the features drawn from them are set out below:
| Source Country / Document | Features Borrowed |
|---|---|
| Government of India Act, 1935 | Federal structure, emergency provisions, public service commissions, judiciary framework — the single largest source |
| United Kingdom (Westminster Model) | Parliamentary democracy, cabinet system, rule of law, writs, bicameralism |
| United States of America | Fundamental Rights, judicial review, independence of judiciary, President as executive head |
| Ireland | Directive Principles of State Policy, nomination of members to Rajya Sabha, method of presidential election |
| Canada | Federal system with a strong Centre, residuary powers with the Union, advisory jurisdiction of the Supreme Court |
| Australia | Concurrent List, freedom of trade and commerce, joint sitting of Parliament |
| France | Ideals of liberty, equality, and fraternity enshrined in the Preamble |
| Germany (Weimar Constitution) | Suspension of Fundamental Rights during a national emergency |
| South Africa | Procedure for amendment of the Constitution; election of members to Rajya Sabha by states |
The Government of India Act, 1935 was by far the greatest structural contributor — its provisions on the federal framework, emergency powers, administrative machinery, and public service commissions formed the backbone of the Constitution. Critics who called the Constitution "borrowed" were responding to this eclectic approach, though the framers regarded it as practical wisdom rather than intellectual weakness.
What Are the Key Features of the Indian Constitution?
The Constitution framed by the Constituent Assembly possesses several distinctive characteristics that have shaped Indian governance for over seven decades:
- Longest Written Constitution: Originally containing 395 Articles, 8 Schedules, and a Preamble — the most elaborate written constitution in the world at the time of its adoption.
- Federal with Unitary Bias: A federal structure with a strong centre — residuary powers vest in the Union, the Governor is appointed by the President, and the Centre may reorganise State boundaries.
- Parliamentary Democracy: The Westminster model of government, with collective responsibility of the Cabinet to the Lok Sabha and a ceremonial President.
- Fundamental Rights (Part III): Six justiciable rights guaranteed to citizens, drawing from the American Bill of Rights and enforceable through the Supreme Court and High Courts.
- Directive Principles of State Policy (Part IV): Non-justiciable socio-economic guidelines for the state, borrowed from the Irish Constitution of 1937.
- Independent Judiciary: A Supreme Court with the power of judicial review to strike down any law that violates the Constitution.
- Single Citizenship: Unlike federal systems such as the USA, India provides a single citizenship — reinforcing national unity over regional identity.
- Universal Adult Franchise: All citizens above 21 years (lowered to 18 in 1989) were granted the right to vote regardless of gender, caste, or religion — a bold decision for a newly independent, largely illiterate nation.
What Criticism Did the Constitution Face?
Even as the Constitution was being adopted, it attracted substantial criticism from within the Constituent Assembly:
- "A Borrowed Constitution": Critics such as T.T. Krishnamachari described the Constitution as a "hotchpotch of the different Constitutions of the world," arguing that it lacked originality rooted in Indian social conditions.
- Too Lengthy and Detailed: The Constitution was criticised for excessive detail. H.V. Kamath described it as a "lawyer's paradise" — a document more suited to litigation than to governance.
- Absence of Gandhian Philosophy: Gandhian thinkers felt the Constitution failed to adequately incorporate decentralisation and village-level self-government (Gram Swaraj) as envisaged by Gandhi.
- Unrepresentative Character: The Constituent Assembly was elected through indirect election by a limited pre-independence franchise, not by universal adult suffrage — critics argued it was not fully representative of the Indian people.
- Excessive Centralisation: Critics argued that the strong Centre — borrowing heavily from the Government of India Act, 1935 — undermined the spirit of genuine federalism.
What Did Ambedkar Say in His Final Speech to the Assembly?
On 25 November 1949 — the eve of the Constitution's adoption — Dr. B.R. Ambedkar delivered his valedictory address to the Constituent Assembly. This speech stands as one of the most important political statements in Indian constitutional history.
Ambedkar cautioned against "hero-worship" in political life, warning that it was "a sure road to degradation and to eventual dictatorship." He invoked John Stuart Mill's warning: citizens should not "lay their liberties at the feet of even a great man, or to trust him with power which enables him to subvert their institutions." He distinguished between constitutional morality and popular morality, emphasising that political democracy without social and economic democracy was inherently fragile.
He also warned against what he called the "grammar of anarchy" — the use of non-constitutional methods such as civil disobedience, hartals, and mass agitation to achieve political goals in a constitutional democracy. Such methods were justified under colonial tyranny, Ambedkar argued, but in a free democratic state they amounted to "nothing short of anarchy." He closed by expressing the hope that the Constitution would preserve India's unity and help achieve the twin ideals of political and social democracy.
Frequently Asked Questions
Who chaired the Drafting Committee of the Indian Constitution?
Dr. B.R. Ambedkar chaired the Drafting Committee of the Indian Constitution, appointed on 29 August 1947. The committee had seven members and was responsible for preparing and refining the draft constitutional text based on decisions of the full Constituent Assembly.
Which is the single largest source of the Indian Constitution?
The Government of India Act, 1935 is the single largest source of the Indian Constitution. It contributed the federal framework, emergency provisions, administrative structure, public service commissions, and the judicial framework — forming the structural backbone of the Constitution.
What did Ambedkar mean by "grammar of anarchy"?
In his final speech to the Constituent Assembly on 25 November 1949, Ambedkar used the phrase "grammar of anarchy" to refer to the use of unconstitutional methods — such as civil disobedience, hartals, and mass agitation — to pursue political goals in a democratic state. He argued that while such methods were justified under colonial rule, in a functioning democracy they undermine constitutional governance.
When did the Indian Constitution come into force?
The Indian Constitution came into force on 26 January 1950, a date chosen to commemorate the declaration of Purna Swaraj (Complete Independence) on 26 January 1930 at the Lahore session of the Indian National Congress. The Constitution was adopted on 26 November 1949.
What is the "federal with unitary bias" character of the Indian Constitution?
India's Constitution establishes a federal system — with a Centre and States having separate jurisdictions — but tilts towards the Centre in key respects: residuary powers vest in the Union, the Governor is appointed by the President, the Centre can reorganise States, and Parliament can legislate on State List subjects during a national emergency. This combination is described as "federal with a unitary bias."
Sources and Further Reading
According to IGNOU's BHIC-134 (History of India: 1707–1950), Unit 30 — "Making of the Indian Constitution" — covers the formation of the Constituent Assembly, the role of the Drafting Committee, the sources of the Constitution, and its key features. The unit draws on the Constituent Assembly Debates (Government of India, 1951), the primary record of parliamentary deliberation on each constitutional provision. For further reading, refer to Granville Austin, The Indian Constitution: Cornerstone of a Nation (Oxford, 1966), and M.V. Pylee, India's Constitution (S. Chand, 2004).