Framing of the Constitution of India
Introduction
The framing of a constitution is one of the most significant and complex processes in the
formation of any nation-state. A constitution provides the foundational framework for
governance, lays down the principles of power distribution, guarantees rights to the
citizens, and establishes institutions for conflict resolution and policy formulation. In India,
the framing of the Constitution was a momentous exercise that combined democratic ideals,
historical legacies, and the aspirations of millions who had just gained independence after a
long and arduous struggle against colonial rule.
The Indian Constitution, the longest written constitution in the world, is a living document
that evolved through extensive debates, discussions, and compromises among some of the
brightest minds of the time. It was framed by the Constituent Assembly, which held its first
session on December 9, 1946, and adopted the final document on November 26, 1949,
coming into effect on January 26, 1950.
Historical Background
Colonial Legacy and Constitutional Developments
The Indian struggle for independence was not merely a demand for freedom from colonial
rule but also a quest for self-governance and the creation of institutions that would reflect
the will of the people. Throughout British rule, India saw several constitutional
developments:
• Regulating Act of 1773 and Pitt’s India Act of 1784: Improved administrative control over
the East India Company.
• Charter Acts (1833, 1853): Introduced centralized administration and limited legislative
functions.
• Government of India Act, 1858: Governance transferred from the East India Company to
the British Crown.
• Indian Councils Acts (1861, 1892): Introduced some Indian representation in legislative
councils.
• Morley-Minto Reforms (1909): Introduced separate electorates for Muslims.
• Montagu-Chelmsford Reforms (1919): Introduced dyarchy, transferring some powers to
Indian ministers.
• Government of India Act, 1935: Provided federal structure and provincial autonomy.
Indian Response and Demand for a Constitution
The Indian National Congress and other nationalists repeatedly demanded a constitution
framed by Indians themselves. The Nehru Report of 1928, drafted under Motilal Nehru’s
chairmanship, proposed parliamentary democracy, fundamental rights, and equal rights for
all citizens—principles that influenced the eventual Constitution.
Formation of the Constituent Assembly
Background
The demand for a Constituent Assembly was officially endorsed by the Congress Working
Committee in 1934, and the Cabinet Mission Plan of 1946 provided for its formation.
Composition and Representation
The Assembly had 389 members initially, reduced to 299 after Partition. Members came
from provincial assemblies and princely states. Although not directly elected, the Assembly
was broadly representative, including leaders like Dr. B.R. Ambedkar, Jawaharlal Nehru,
Sardar Patel, Maulana Azad, Rajendra Prasad, and Hansa Mehta.
Major Personalities and Committees
• Drafting Committee - Chairperson: Dr. B.R. Ambedkar
• Union Constitution Committee - Chairperson: Jawaharlal Nehru
• Fundamental Rights Committee - Chairperson: Sardar Vallabhbhai Patel
• Advisory Committee on Minorities and Tribal Rights - Chairperson: Sardar Vallabhbhai
Patel
• Rules of Procedure Committee - Chairperson: Dr. Rajendra Prasad
• Finance and Staff Committee - Chairperson: Dr. Rajendra Prasad
Dr. B.R. Ambedkar played a key role, ensuring social justice, equality, and individual
freedoms were enshrined. His emphasis on untouchability abolition, minority rights, and
affirmative action influenced crucial provisions.
Sources and Inspirations
• Government of India Act, 1935: Federal structure, emergency powers.
• British Constitution: Parliamentary democracy, rule of law.
• American Constitution: Fundamental rights, judicial review.
• Irish Constitution: Directive Principles of State Policy.
• Canadian Constitution: Federation with strong center.
• Weimar Constitution (Germany): Emergency provisions.
• South African Constitution: Amendment procedures.
Fundamental Features of the Constitution
• Longest written constitution: Over 470 articles and 12 schedules.
• Preamble declares India as Sovereign, Socialist, Secular, Democratic Republic.
• Quasi-federal with strong center.
• Parliamentary democracy.
• Fundamental Rights (Articles 12-35) and Duties (Article 51A).
• Directive Principles of State Policy (Articles 36-51).
• Independent judiciary, Supreme Court at apex.
Final Adoption
After nearly three years, 11 sessions, and over 160 sittings, the Constitution was adopted on
November 26, 1949, and came into effect on January 26, 1950, now celebrated as Republic
Day.
Legacy and Conclusion
The framing of the Constitution of India was an extraordinary achievement for a newly
independent nation. It balanced liberty and order, individual rights and social justice,
central authority and state autonomy. Through periodic amendments, judicial
interpretations, and popular movements, the Constitution continues to evolve, reflecting
India’s changing aspirations and realities.
The Constitution is not just a legal document but a social contract binding India’s diverse
people into a unified polity, ensuring justice, liberty, equality, and fraternity for all.
