Making of the Constitution
Subject: Polity | Unit: Constitution Basics | Topic: Making of the Constitution
Exam: AP Group 2 (APPSC)
Prerequisites: None (first chapter in Polity)
Introduction
The Constitution of India is the supreme law of the land, providing the framework for governance, fundamental rights, and the relationship between the State and its citizens. Understanding how this document came into existence is essential for every APPSC aspirant. The making of the Constitution was a deliberate, democratic process spanning nearly three years, involving India's finest minds who drew upon global constitutional traditions while remaining rooted in Indian aspirations.
Historical Context
The Demand for a Constituent Assembly
The idea of a Constituent Assembly for India was first proposed by M.N. Roy, a communist leader, in 1934. The Indian National Congress officially demanded a Constituent Assembly at the Faizpur session in 1935. After years of negotiations during the freedom movement, the British Government accepted this demand through the Cabinet Mission Plan of May 1946.
The Cabinet Mission Plan (1946)
The Cabinet Mission, comprising Lord Pethick-Lawrence, Sir Stafford Cripps, and A.V. Alexander, arrived in India in March 1946. The Plan provided for the formation of a Constituent Assembly based on the following principles:
- Members were to be indirectly elected by members of provincial legislative assemblies on a limited franchise — NOT by universal adult suffrage
- Seats were divided among Muslims, Sikhs, and General communities based on population proportion
- Total strength fixed at 389 members (296 from British India provinces + 93 from princely states)
- After Partition and the withdrawal of the Muslim League, strength reduced to 299 members (229 from provinces + 70 from princely states)
- Only 15 women were members of the Constituent Assembly (approximately 5% of the total)
Core Content
Key Dates in Constitution-Making
| Date | Event |
|---|
| May 1946 | Cabinet Mission Plan announced |
| July 1946 | Elections to Constituent Assembly completed |
| 9 December 1946 | First meeting of Constituent Assembly |
| 11 December 1946 | Dr. Rajendra Prasad elected permanent President; B.N. Rau appointed Constitutional Adviser |
| 13 December 1946 | Jawaharlal Nehru introduced Objectives Resolution |
| 22 January 1947 | Objectives Resolution unanimously adopted |
| 15 August 1947 | Assembly became sovereign body; also functioned as provisional Parliament |
| 29 August 1947 | Drafting Committee formed under Dr. B.R. Ambedkar |
| 21 February 1948 | First draft submitted (315 Articles, 8 Schedules) |
| 4-9 November 1948 | First Reading of draft Constitution |
| 15 Nov 1948 - 17 Oct 1949 | Second Reading (clause-by-clause discussion) |
| 14-26 November 1949 | Third Reading |
| 26 November 1949 | Constitution adopted (celebrated as Constitution Day / Samvidhan Divas) |
| 24 January 1950 | Members signed the Constitution |
| 26 January 1950 | Constitution came into force (Republic Day) |
Key Personnel
| Person | Role |
|---|
| Dr. Rajendra Prasad | President of Constituent Assembly; later first President of India |
| Jawaharlal Nehru | Vice President; introduced Objectives Resolution |
| Dr. B.R. Ambedkar | Chairman, Drafting Committee ("Father/Architect of the Constitution") |
| Sardar Vallabhbhai Patel | Advisory Committee on FR, Minorities; led state integration |
| B.N. Rau | Constitutional Adviser (legal expert, NOT a member of the Assembly) |
| Harendra Coomar Mookerjee | Vice President of Assembly |
| S.N. Mukherjee | Chief Draftsman |
Major Committees and Chairpersons
| Committee | Chairperson |
|---|
| Drafting Committee (7 members) | Dr. B.R. Ambedkar |
| Union Powers Committee | Jawaharlal Nehru |
| Union Constitution Committee | Jawaharlal Nehru |
| States Committee (Negotiating) | Jawaharlal Nehru |
| Provincial Constitution Committee | Sardar Vallabhbhai Patel |
| Advisory Committee on FR, Minorities, Tribal Areas | Sardar Vallabhbhai Patel |
| Rules of Procedure Committee | Dr. Rajendra Prasad |
| Steering Committee | Dr. Rajendra Prasad |
| Flag Committee | Dr. Rajendra Prasad |
| Credentials Committee | A.K. Ayyar |
| Order of Business Committee | K.M. Munshi |
| Citizenship Committee | S. Varadachariar |
Total committees: 22 (8 major + 14 minor). The Drafting Committee had 7 members including Ambedkar.
The Objectives Resolution
Introduced by Nehru on 13 December 1946 and adopted unanimously on 22 January 1947, the Objectives Resolution:
- Declared India as an Independent Sovereign Republic
- Guaranteed justice, equality, and freedom to all citizens
- Provided adequate safeguards for minorities, backward and tribal areas
- The modified version of this Resolution became the Preamble of the Constitution
Sources Borrowed from Other Constitutions
| Source Country/Document | Features Borrowed |
|---|
| Government of India Act 1935 | Federal scheme, Governor office, Judiciary, PSCs, Emergency provisions, Administrative details |
| British Constitution | Parliamentary government, Rule of Law, Legislative procedure, Single citizenship, Cabinet system, Prerogative writs, Parliamentary privileges, Bicameralism |
| US Constitution | Fundamental Rights, Judicial independence, Judicial review, Presidential impeachment, Vice-President office |
| Irish Constitution | Directive Principles of State Policy, Rajya Sabha member nomination, Presidential election method |
| Canadian Constitution | Strong-centre federation, Residuary powers with Centre, Governor appointments, SC advisory jurisdiction |
| Australian Constitution | Concurrent List, Freedom of trade/commerce, Joint sitting of Parliament |
| Weimar Constitution (Germany) | Suspension of Fundamental Rights during Emergency |
| Soviet/USSR Constitution | Fundamental Duties, Justice ideals in Preamble |
| French Constitution | Republic, Liberty/Equality/Fraternity ideals in Preamble |
| South African Constitution | Amendment procedure, Rajya Sabha election method |
| Japanese Constitution | Procedure Established by Law (Article 21) |
Assembly Statistics
- Total sessions: 11
- Total sitting days: 165 days
- Time taken: approximately 2 years, 11 months, 18 days
- Total expenditure: approximately Rs. 64 lakh
- The Assembly also adopted the National Flag (22 July 1947), National Anthem (24 Jan 1950), and National Song (24 Jan 1950)
- Assembly served as provisional Parliament from 26 Jan 1950 until first general elections in 1951-52
- The Constitution originally had 395 Articles, 22 Parts, and 8 Schedules
Criticisms and Rebuttals
| Criticism | Rebuttal |
|---|
| "Borrowed Constitution" | Features adapted and modified for Indian conditions |
| "Carbon copy of GoI Act 1935" | Incorporates significant changes and additions |
| "Un-Indian/Anti-Indian" | Reflects Indian values and aspirations |
| "Elephantine size" | Detail essential for managing India's diversity |
| "Lawyer's paradise" | Legal precision necessary for enforceability |
Key Articles Table
| Article | Subject | Relevance |
|---|
| Art 1 | Name and territory of India | India = Union of States |
| Art 12-35 | Fundamental Rights | Inspired by US Constitution |
| Art 36-51 | DPSPs | Borrowed from Irish Constitution |
| Art 51A | Fundamental Duties | Inspired by Soviet Constitution |
| Art 74-75 | Council of Ministers | British Parliamentary model |
| Art 368 | Amendment procedure | South African influence |
Andhra Pradesh Connection
- Andhra region members were part of the Madras Presidency delegation in the Constituent Assembly
- Alladi Krishnaswamy Iyer from Madras (later associated with AP legal tradition) was a key member
- B.N. Rau, the Constitutional Adviser, was from a South Indian background — significant for state services exams
- The principles laid down in the Constituent Assembly later shaped the linguistic reorganisation that led to the creation of Andhra State (1953) and Andhra Pradesh (1956)
Key Points Summary
- M.N. Roy first proposed the idea of a Constituent Assembly in 1934
- Cabinet Mission Plan of May 1946 accepted the demand for a Constituent Assembly
- Members were indirectly elected by provincial legislatures, not by universal suffrage
- Total strength: 389 (before Partition) → 299 (after Partition)
- First meeting: 9 December 1946; Dr. Rajendra Prasad elected permanent President
- Objectives Resolution introduced by Nehru on 13 Dec 1946; adopted 22 Jan 1947
- Drafting Committee formed on 29 August 1947 under Dr. B.R. Ambedkar with 7 members
- B.N. Rau was the Constitutional Adviser — NOT a member of the Drafting Committee
- Total 22 committees (8 major + 14 minor) were formed
- Constitution adopted on 26 November 1949 (Constitution Day)
- Constitution came into force on 26 January 1950 (Republic Day)
- Total time: 2 years, 11 months, 18 days; 11 sessions; 165 sitting days
- Original Constitution: 395 Articles, 22 Parts, 8 Schedules
- GoI Act 1935 is the single largest source of the Constitution
- Assembly also adopted National Flag, Anthem, and Song
- Assembly functioned as provisional Parliament until 1952 elections
- Total expenditure: approximately Rs. 64 lakh
- Only 15 women were members of the Constituent Assembly
Exam Strategy
| Question Pattern | Expected Focus | Frequency |
|---|
| "Who first proposed Constituent Assembly?" | M.N. Roy (1934) | High |
| "Total members before/after Partition" | 389 / 299 | Very High |
| "Chairman of Drafting Committee" | Dr. B.R. Ambedkar | Very High |
| "Date of adoption vs enforcement" | 26 Nov 1949 / 26 Jan 1950 | Very High |
| "Match committee with chairperson" | Know all major committees | High |
| "Features borrowed from which country" | Detailed borrowing table | Very High |
| "Role of B.N. Rau" | Constitutional Adviser (NOT member) | Medium |
| "How many sessions/sitting days" | 11 sessions / 165 days | Medium |
| "Original Articles/Parts/Schedules" | 395 / 22 / 8 | High |
| "Objectives Resolution" | Nehru introduced; became Preamble | Medium |
Key Terms Glossary
| English | Telugu | Definition |
|---|
| Constituent Assembly | రాజ్యాంగ సభ | Body formed to draft the Constitution |
| Constitution | రాజ్యాంగం | Supreme law of the land |
| Drafting Committee | ముసాయిదా సంఘం | 7-member committee that drafted the Constitution |
| Objectives Resolution | లక్ష్య తీర్మానం | Resolution declaring India's constitutional goals |
| Cabinet Mission | కేబినెట్ మిషన్ | British delegation that proposed the Assembly |
| Preamble | ఉపోద్ఘాతం | Introduction to the Constitution |
| Republic Day | గణతంత్ర దినోత్సవం | Day Constitution came into force (26 Jan) |
| Constitution Day | రాజ్యాంగ దినోత్సవం | Day Constitution was adopted (26 Nov) |
| Sovereign | సార్వభౌమ | Supreme authority, independent |
| Franchise | ఓటు హక్కు | Right to vote |
| Provincial Legislature | ప్రాంతీయ శాసన సభ | State-level legislative body during British rule |
| Provisional Parliament | తాత్కాలిక పార్లమెంట్ | Temporary Parliament (1950-1952) |
| Bicameralism | ద్విసభ విధానం | Two-house legislature system |
| Universal Adult Suffrage | సార్వత్రిక వయోజన ఓటు హక్కు | Right of all adults to vote |
| Constitutional Adviser | రాజ్యాంగ సలహాదారు | Legal expert advising the Assembly (B.N. Rau) |