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Key Elements of India's Constitution Making

Apr 9, 2025

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The Making of the Indian Constitution

Overview

In this lesson, we discuss several key elements regarding the making of the Indian Constitution:

  • Demand for Constituent Assembly
  • Composition of the Constituent Assembly
  • Committees of the Constituent Assembly
  • Objectives Resolution
  • Timeline of the Constitution's creation
  • Important facts for prelims and other examinations
  • Criticisms of the Constituent Assembly

Written vs. Unwritten Constitution

  • The Indian Constitution is a written constitution, unlike the unwritten constitution of England.
  • Written constitutions are codified and structured, while unwritten ones evolve over time.

Demand for Constituent Assembly

  • 1922: Mahatma Gandhi suggests India's destiny should be decided by Indians.
  • 1934: M.N. Roy proposes the idea of a Constituent Assembly.
  • 1935: Indian National Congress officially demands a Constituent Assembly.
  • 1938: Jawaharlal Nehru asserts the need for a constitution framed without outside interference.
  • 1940: British government's August Offer accepts the demand in principle.
  • 1942: Cripps Mission proposes an independent constitution, rejected by the Muslim League.
  • 1946: Cabinet Mission rejects the idea of two assemblies but suggests a single Constituent Assembly.

Composition of the Constituent Assembly

  • Total strength: 389 members (partly elected, partly nominated).
  • Two types of states: British Indian provinces and princely states.
  • 93 members nominated by princely states; 296 from governor provinces.
  • Proportional representation by population (1 seat per 1 million people).

Committees of the Constituent Assembly

  • Union Powers Committee, Union Constitution Committee: Headed by J.L. Nehru
  • Provincial Constitution Committee: Headed by Sardar Patel
  • Drafting Committee: Headed by Dr. B.R. Ambedkar
  • Advisory Committee on Fundamental Rights: Headed by Sardar Patel
  • Other committees included Rules of Procedure, States negotiation, and Steering Committee.

Objectives Resolution

  • Moved by Jawaharlal Nehru on December 13, 1946, adopted on January 22, 1947.
  • Served as a guideline for the constitution, ensuring:
    • Economic stability, political security, national unity
    • Proclaimed India as a sovereign democratic republic
    • Federal form of government
    • Guaranteed justice, equality, freedom, and rights
    • Safeguarded minorities and backward classes
    • Maintained territorial integrity
    • Promoted world peace and welfare

Timeline of Constitution Making

  • December 9, 1946: First meeting of the Constituent Assembly.
  • July 22, 1947: National flag adopted.
  • November 4, 1948: Draft of the Constitution introduced.
  • November 26, 1949: Constitution adopted.
  • January 24, 1950: National song and anthem adopted.
  • January 26, 1950: Constitution came into force.

Important Facts

  • Symbol: Elephant
  • Constitutional advisor: B.N. Rau
  • Secretary: H.V.R. Iyengar
  • Chief draftsman: S.N. Mukherjee
  • Calligraphy: Prem Behari Narayan Raizada

Criticisms of the Constituent Assembly

  • Not directly elected by universal adult franchise.
  • Initially not a sovereign body, created by British Parliament.
  • Time-consuming process (compared to American and Canadian constitutions).
  • Dominated by Congress and perceived Hindu domination.
  • Underrepresentation of some social sections (e.g., businessmen, teachers).

Conclusion

The Constituent Assembly crafted a constitution that has guided India for over 70 years. Despite criticisms, it has served as the supreme law of the nation.

This lesson was packed with factual information about the creation of India's Constitution. For further discussions or queries, feel free to engage in the comments section.

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