Framing the Constitution
1. Learning Objectives
After reading these notes, you will be able to:
2. Introduction
3. A Tumultuous Time — The Historical Context
🇮🇳 3.1 India at Independence — Joy and Tragedy Together
- On 15 August 1947, India won freedom — but it was simultaneously divided into two nations: India and Pakistan.
- Fresh in popular memory were: the Quit India Movement of 1942 (most widespread popular uprising against British rule), and Subhas Chandra Bose’s bid for freedom through armed struggle.
- The Royal Indian Navy ratings’ uprising (1946) in Bombay and other cities had also evoked mass sympathy.
- Through the late 1940s, scattered mass protests by workers and peasants continued across different parts of India.
- A striking feature of these popular upsurges was the remarkable Hindu-Muslim unity they showed — in contrast to the bitter communal divisions at the political level.
🏰 3.2 The Problem of Princely States
- During the Raj, approximately one-third of the subcontinent was under the control of nawabs and maharajas who owed allegiance to the British Crown but were largely free to rule as they wished.
- When the British left, the constitutional status of these princes remained ambiguous.
- Some maharajas began entertaining “wild dreams of independent power in an India of many partitions” (as one observer put it).
- The integration of princely states was one of the most urgent challenges facing the new nation.
🏛️ 3.3 Making of the Constituent Assembly
- Members of the Constituent Assembly were not elected by universal franchise. Instead, provincial elections were held in winter 1945–46, and the Provincial Legislatures then chose the representatives.
- The Assembly was dominated by the Congress party (82% of members were also Congress members).
- The Muslim League boycotted the Constituent Assembly, pressing its demand for a separate Pakistan with its own constitution.
- The Socialists too initially refused to join, calling it a British creation incapable of true autonomy.
- Despite Congress dominance, members held sharply different views — some were socialists, others defended landlordism; some were secular, others close to communal parties.
4. The Dominant Voices — Key Figures
The Constituent Assembly had 300 members. Of these, six played particularly important roles:
Jawaharlal Nehru
Moved the Objectives Resolution and the resolution on the National Flag. Provided the guiding vision for the Constitution.
Vallabh Bhai Patel
Worked mostly behind the scenes. Played a key role in drafting several reports and reconciling opposing views.
Rajendra Prasad
President of the Assembly. Steered discussions constructively while ensuring all members could speak.
B. R. Ambedkar
Chairman of the Drafting Committee. Guided the entire Draft Constitution through the Assembly over three years.
K. M. Munshi
Lawyer from Gujarat on the Drafting Committee. Gave crucial inputs in drafting constitutional provisions.
Alladi Krishnaswami Aiyar
Lawyer from Madras on the Drafting Committee. Contributed critical legal expertise to the drafting process.
S. N. Mukherjee (Chief Draughtsman) — Had the exceptional ability to translate complex proposals into clear, precise legal language. He was the invisible hand that made the Constitution readable.
📋 Key Committees & Their Heads
- Drafting Committee: B. R. Ambedkar
- Union Constitution Committee: Jawaharlal Nehru
- Union Power Committee: Jawaharlal Nehru
- Provincial Constitution Committee: Vallabhbhai Patel
- Advisory Committee: Vallabhbhai Patel
- Steering Committee: Rajendra Prasad
- Rules of Procedure Committee: Rajendra Prasad
- Flag Committee: J. B. Kripalani
- Minorities Sub-Committee: H. C. Mookerjee
- Fundamental Rights Sub-Committee: J. B. Kripalani
📅 Scale of the Work
- Framing period: Dec 1946 – Nov 1949
- Total sessions held: 11
- Total sittings: 165 days
- Printed discussion record: 11 bulky volumes
- Constitution signed: December 1949
- Came into effect: 26 January 1950
- Distinction: Longest written constitution in the world
5. The Vision of the Constitution — Objectives Resolution
📜 5.1 What was the Objectives Resolution?
- On 13 December 1946, Jawaharlal Nehru introduced the “Objectives Resolution” in the Constituent Assembly — one of the most important moments in India’s constitutional history.
- It outlined the defining ideals of the Constitution and set the framework within which constitution-making was to proceed.
- It proclaimed India to be an “Independent Sovereign Republic”.
- It guaranteed citizens justice, equality and freedom.
- It assured “adequate safeguards for minorities, backward and tribal areas, and Depressed and Other Backward Classes“.
🔍 5.2 What did Nehru’s Vision Really Mean?
- By referencing the American and French Revolutions, Nehru was placing India’s constitution-making in a longer global history of freedom struggles — not to copy, but to inspire.
- He deliberately left the specific form of democracy undefined, suggesting it had to emerge from deliberation.
- He did NOT use the word “democratic” in the Objectives Resolution — his explanation: the word “republic” already contained the idea of democracy, and he did not want redundancy.
- His goal: to fuse liberal democracy with socialist economic justice, adapted to the Indian context. This was creative thinking, not mechanical borrowing.
- He stated that India stood for Socialism and hoped India would move towards a Socialist State, though he did not insist on the word in the Resolution.
⚡ 5.3 Somnath Lahiri’s Challenge — The Will of the People
- Somnath Lahiri (Communist member) argued that the Constituent Assembly was still under the shadow of British imperialism, since the British were still in India in 1946–47.
- He pointed out that the Assembly was technically “British-made” and was “working the British plans as the British should like it to be worked out.”
- He urged members to declare independence immediately rather than work within the colonial framework.
- Nehru countered: “Governments are the expression of the will of the people.” The Assembly derived its strength not from British approval but from the people behind it. It must keep in mind “the passions that lie in the hearts of the masses” and try to fulfil them.
6. Defining Rights — The Great Debates
🗳️ 6.1 The Separate Electorates Controversy
- On 27 August 1947, B. Pocker Bahadur from Madras made a passionate plea for continuing separate electorates for minorities — a system where voters from a community could only vote for candidates from that same community.
- His argument: minorities could not be “erased out of existence”; only separate electorates would ensure Muslims had a meaningful voice in governance; non-Muslims could not truly understand or represent Muslim needs.
❌ Arguments AGAINST Separate Electorates
- Sardar Patel: It was a “poison” deliberately introduced by the British to divide the people. Partition was its direct result. Patel asked: can you show one free country with separate electorates?
- R.V. Dhulekar: The British used it under a cover of “safeguards” to keep communities divided and dependent.
- Govind Ballabh Pant: Separate electorates would be “suicidal to minorities” — they would permanently isolate minorities, make them vulnerable, and strip them of any real voice in governance.
- Begum Aizaas Rasul (a Muslim member): Separate electorates were self-destructive as they isolated minorities from the majority.
🌾 6.2 N. G. Ranga — The Real Minorities are the Poor
- N. G. Ranga (socialist, former peasant movement leader) offered a radically different definition of “minority.”
- He argued the real minorities were the poor and downtrodden masses — not Hindus, Sikhs or Muslims. The impoverished villagers, tribal people and agricultural labourers were the truly marginalised.
- He welcomed the legal rights the Constitution granted but pointed to their limitations: it was meaningless for a poor villager to know they had the “right to live” if money-lenders, zamindars, and merchants continued to exploit them.
- His call: the poor needed “props” and “a ladder” — actual social and economic support, not just paper rights.
- He also noted the gap between the Assembly’s members and the masses they claimed to represent, acknowledging that ordinary people could not come to the Assembly themselves.
🌲 6.3 Jaipal Singh — The Voice of the Tribals
- Jaipal Singh, the gifted orator who represented the Adibasi (tribal) community, welcomed the Objectives Resolution but reminded the Assembly of 6,000 years of neglect and exploitation of tribal peoples.
- He argued that tribal peoples were not a numerical minority — they needed protection not because of small numbers but because of centuries of dispossession and marginalisation.
- Tribes had been stripped of their settled lands, their forests and pastures, and forced to migrate. Society had labelled them “primitive and backward.”
- He did not ask for separate electorates — instead, he demanded reservation of seats in the legislature to compel the mainstream to hear tribal voices.
- His moving plea: “Our point is that you have got to mix with us. We are willing to mix with you.”
🏛️ 6.4 Rights of the Depressed Castes (Dalits)
- Some members of the Depressed Castes argued that the problem of “untouchables” could not be solved through legal safeguards alone — it was rooted in social norms and moral values of caste society.
- J. Nagappa (Madras) stated that the Depressed Castes formed 20–25% of the total population — not a numerical minority. Their suffering came from systematic marginalisation, not small numbers.
- K. J. Khanderkar (Central Provinces) said: “We were suppressed for thousands of years… to such an extent that neither our minds nor our bodies and now even our hearts work, nor are we able to march forward.”
- After the Partition violence, Ambedkar too withdrew his earlier demand for separate electorates for Depressed Castes.
✅ What the Constitution Did for Dalits
Abolished untouchability entirely. Hindu temples were to be open to all castes. Seats in legislatures and jobs in government were reserved for the lowest castes.
👩 Women’s Demands — Hansa Mehta
Hansa Mehta of Bombay demanded social justice, economic justice, and political justice for women — not special privileges or reserved seats. She called for equality as the basis of mutual respect.
🛡️ Dakshayani Velayudhan’s View
Argued that 70 million Harijans were not to be considered a minority. What they needed was immediate removal of social disabilities — not just legal safeguards.
7. Powers of the State — Centre vs Provinces
⚖️ 7.1 The Three Lists System
- The Draft Constitution divided all legislative subjects into three lists:
- Union List: Subjects exclusively under Central Government control.
- State List: Subjects exclusively under state control.
- Concurrent List: Subjects where both Centre and states share responsibility.
- Compared to other federations, far more items were placed under exclusive Union control, and more were placed on the Concurrent List than the provinces desired.
- The Union also had control of minerals and key industries.
- Article 356 gave the Centre the power to take over a state administration on the recommendation of the Governor.
🔴 Arguments for Strong Centre (Nehru, Ambedkar, Gopalaswami Ayyangar)
- After Partition, a weak centre would be “injurious to national interests” — incapable of maintaining peace or speaking for India internationally (Nehru).
- A strong centre could plan for national well-being, mobilise economic resources, and defend against foreign aggression (Balakrishna Sharma).
- The violence and communal frenzy of the time required the Centre to have strong powers to stop chaos.
- Ambedkar wanted a centre much stronger than even the one under the Government of India Act 1935.
🟢 Arguments for Stronger Provinces (K. Santhanam, members from Orissa)
- An overburdened centre cannot function effectively. Giving more powers to states would paradoxically make the Centre stronger (Santhanam).
- The fiscal provisions would impoverish the provinces — most taxes except land revenue were made Central preserves. Without finances, states cannot develop.
- Santhanam warned that excessive centralisation would prompt provinces to “revolt against the Centre.”
- A member from Orissa warned: “The Centre is likely to break” if powers were so centralised.
💰 7.2 Fiscal Federalism
- Some taxes (customs duties, company taxes) — Centre retained all proceeds.
- Other taxes (income tax, excise duties) — Centre shared with states.
- Still other taxes (estate duties) — assigned wholly to states.
- States could levy and collect their own taxes: land and property taxes, sales tax, and the hugely profitable tax on bottled liquor.
8. The Language of the Nation
📚 8.1 Gandhi’s Position — Hindustani
- By the 1930s, the Congress had accepted that Hindustani should be the national language.
- Mahatma Gandhi believed the national language must be one that common people could easily understand.
- Hindustani — a blend of Hindi and Urdu — was widely spoken and had absorbed words from many diverse sources, making it a multi-cultural composite language.
- Gandhi saw it as capable of uniting Hindus and Muslims, north and south.
- However, from the late 19th century, Hindi and Urdu began pulling apart along communal lines — Hindi was being Sanskritised (removing Persian/Arabic words) and Urdu was being Persianised.
⚡ 8.2 R. V. Dhulekar’s Aggressive Plea for Hindi
- R. V. Dhulekar (Congressman from United Provinces) made an aggressive demand that Hindi be used as the language of constitution-making from the very first session.
- When told not everyone in the Assembly knew Hindi, he retorted: “People who are present in this House to fashion a constitution for India and do not know Hindustani are not worthy to be members of this Assembly.”
- Almost three years later (September 1949), Dhulekar again sparked controversy — he wanted Hindi declared not just an Official Language but the National Language.
😟 8.3 Fears of the Non-Hindi South — G. Durgabai
- Shrimati G. Durgabai (Madras) explained that non-Hindi-speaking regions felt the push for Hindi was really a fight to prevent the natural influence of other powerful regional languages on India’s composite culture.
- She pointed out that despite strong opposition in the south, she and many others had obeyed Gandhi’s call and actively promoted Hindi — only to see this aggressive new attitude emerge.
- The move to purify Hindi (removing Urdu words) was seen as a threat to the composite, inclusive character of Hindustani.
🏛️ The Compromise Formula
The Language Committee of the Constituent Assembly decided: Hindi in Devanagari script would be the official language, but the transition would be gradual. For the first 15 years, English would continue for all official purposes. Each province could choose a regional language for internal official work.
⚖️ “Official” not “National”
By calling Hindi the official language (not the national language), the Committee hoped to calm fears and find a solution acceptable to all. This was a conscious act of compromise — prioritising national unity over linguistic pride.
🤝 The Spirit of Accommodation
T. A. Ramalingam Chettiar (Madras): whatever was done must be done with caution; the fears of people — even if unjustified — must be allayed. “When we want to live together as a united nation, there should be mutual adjustment.”
9. Key Features of the Constitution
🗳️ Universal Adult Franchise
The single feature on which there was near-total agreement. Every adult Indian — regardless of gender, caste, religion or wealth — got the right to vote. In the US and UK, this had taken centuries of bitter struggle. India granted it in one bold step.
🕌 Secularism
No official state religion. All faiths guaranteed equal treatment. Fundamental Rights included freedom of religion (Articles 25–28), cultural and educational rights (Articles 29–30), and equality (Articles 14, 16, 17). Not absolute separation of state and religion — rather a judicious distance between the two.
🏛️ Federalism with a Strong Centre
Three lists of subjects (Union, State, Concurrent). The Centre had significant powers — including Article 356 (President’s Rule). The Constitution showed a distinct bias toward the Union over states, especially post-Partition.
🛡️ Fundamental Rights
- Untouchability abolished and made punishable
- Hindu temples open to all castes
- Reservation of seats in legislature and jobs in government for Scheduled Castes and Tribes
- Freedom of religion for all communities
- Right to equality before law (Article 14)
- Prohibition of discrimination on religious/caste grounds in employment (Articles 16, 17)
- Cultural and educational rights for linguistic minorities (Articles 29, 30)
💡 What Made This Constitution Unique?
- Emerged through debate — not imposed by any single group
- Balanced individual rights with community rights
- Fused liberal democracy with socialist economic ideals
- India-specific — not mechanically copied from any other constitution
- Longest written constitution in the world — reflecting India’s complexity
- Created through give-and-take across opposing positions
- Changed members’ own views through three years of debate
10. Summary — Quick Revision
The Indian Constitution was framed between December 1946 and November 1949 by the Constituent Assembly. It came into effect on 26 January 1950 and is the longest written constitution in the world.
The making of the Constitution happened during a tumultuous period — Partition, mass communal violence, refugee crisis, and the integration of princely states all cast a shadow over the Assembly.
The Assembly was dominated by Congress (82% of members) but Congress itself was not one voice — members disagreed sharply on socialism, landlordism, secularism, and minority rights.
The Objectives Resolution (moved by Nehru, December 1946) declared India a sovereign independent republic and set the guiding framework: justice, equality, freedom, and safeguards for minorities.
Nehru’s vision was to fuse liberal democracy with socialist economic justice, adapting global ideas to the Indian context — “We are not going just to copy.”
The debate on separate electorates was fierce. Patel, Pant, and others opposed it as “poison” left by the British. By 1949, even most Muslim members agreed separate electorates were against minority interests.
N. G. Ranga redefined “minority” as the poor masses. Jaipal Singh spoke for tribal peoples who faced 6,000 years of exploitation. The Constituent Assembly finally abolished untouchability and provided reservations for Scheduled Castes and Tribes.
The Centre vs States debate ended with a centralised federation — heavily influenced by post-Partition anxieties about national unity and the need for a strong state to plan economic development.
The language controversy was resolved through compromise: Hindi (Devanagari) as the official language, English to continue for 15 years, and provinces allowed their own regional official languages.
The two landmark features on which there was broad agreement: Universal Adult Franchise (unprecedented in India’s history) and a form of Secularism — not absolute separation but judicious distance between state and religion.
11. Important Terms to Remember
- Constituent Assembly: The body that framed the Indian Constitution. Established in December 1946; dominated by Congress (82% of members). Held 11 sessions over 165 days. The Muslim League boycotted it.
- Objectives Resolution: Introduced by Nehru on 13 December 1946. Proclaimed India an Independent Sovereign Republic; guaranteed justice, equality and freedom; assured safeguards for minorities and backward classes. It became the Preamble of the Constitution.
- Separate Electorates: A system where voters from a particular community could only vote for candidates from that same community. Originally introduced by the British. Fiercely debated in the Assembly; ultimately rejected.
- Fundamental Rights: Rights guaranteed to all Indian citizens by the Constitution — including equality before law, freedom of religion, prohibition of untouchability, cultural rights, and right against discrimination. Found in Part III of the Constitution.
- Universal Adult Franchise: The right of every adult citizen to vote, regardless of gender, religion, caste, literacy or economic status. India granted this in 1950 — a bold and unprecedented act of democratic faith.
- Federalism: A system of government where powers are divided between a central government and state governments. The Indian Constitution created a federation with a strong centralising bias, sometimes called “quasi-federal.”
- Article 356 (President’s Rule): A provision in the Constitution allowing the Central Government to take over the administration of a state on the Governor’s recommendation — giving the Centre a powerful check over state governments.
- Union List / State List / Concurrent List: The three lists of subjects in the Constitution. The Union List is for Central subjects; State List for state subjects; Concurrent List for shared subjects. India placed far more items under Central control than most other federations.
- Secularism (Indian variant): Not absolute separation of state and religion as in France. Rather, a “judicious distance” — the state guarantees equal treatment to all religions, does not favour any, but also intervenes in religious affairs for social reform (e.g., abolishing untouchability, changing personal laws).
- Hindustani: A composite language blending Hindi and Urdu, enriched by words from regional languages and foreign sources. Gandhi championed it as the natural national language. As communal tensions deepened, Hindi and Urdu grew apart — Hindustani failed to become the national language.
- Devanagari script: The script in which Hindi is written. The Constituent Assembly decided Hindi in Devanagari script would be the official language of India — but not to be called the “national language” to avoid provoking southern states.
- B. N. Rau: Constitutional Advisor to the Government of India. Prepared detailed background papers on political systems of other countries to assist the Constituent Assembly — a key behind-the-scenes figure.
- S. N. Mukherjee: Chief Draughtsman of the Constitution. Translated complex constitutional proposals into clear, precise legal language.
- Constituent Assembly Debates (CAD): The printed record of all discussions in the Constituent Assembly — running into 11 bulky volumes. A crucial primary source for understanding how the Constitution was framed and why.
- Depressed Castes / Scheduled Castes: Communities at the bottom of the Hindu caste hierarchy who faced severe discrimination and untouchability. The Constitution abolished untouchability, opened temples to all, and provided reservations in legislatures and government jobs for them.
- Adibasi / Scheduled Tribes: Indigenous tribal communities who had been dispossessed of their land, forests and pastures over centuries. Jaipal Singh represented them in the Constituent Assembly and demanded protective measures and reserved seats (not separate electorates).
12. Timeline — Key Events
| Date / Period | Event |
|---|---|
| July 1945 | Labour Government comes to power in Britain — commits to granting India independence |
| Dec 1945 – Jan 1946 | General Elections in India; Congress wins general seats; Muslim League wins Muslim seats |
| Spring 1946 | Royal Indian Navy ratings uprising in Bombay — massive popular sympathy |
| 16 May 1946 | Cabinet Mission announces its constitutional scheme |
| 16 August 1946 | Muslim League’s Direct Action Day — Great Calcutta Killings begin; communal violence spreads |
| 2 September 1946 | Congress forms Interim Government with Nehru as Vice-President |
| 9 December 1946 | Constituent Assembly begins its sessions |
| 13 December 1946 | Nehru introduces the Objectives Resolution — the defining moment for the Constitution’s vision |
| Winter 1946–47 | Somnath Lahiri challenges the Assembly as British-made; Nehru defends it as an expression of the people’s will |
| 29 January 1947 | Muslim League demands dissolution of Constituent Assembly |
| 27 August 1947 | B. Pocker Bahadur pleads for separate electorates; Patel and Pant respond passionately against it |
| 14–15 August 1947 | India celebrates Independence; Pakistan becomes a separate nation |
| 1947–48 | Integration of princely states; massive refugee movement; Gandhi’s assassination (30 Jan 1948) |
| 13 September 1949 | Language debate reaches its peak; Dhulekar and Durgabai clash; compromise formula announced |
| By 1949 | Most Muslim members of the Assembly agree separate electorates are against minority interests |
| November 1949 | Constitution completed after 11 sessions and 165 days of sittings |
| December 1949 | Constitution signed; Ambedkar and Rajendra Prasad exchange the document |
| 26 January 1950 | Constitution of India comes into effect — India becomes a Republic |
