When the constitution was proclaimed in 1950, it included 395 articles and 12 schedules making it the

world’s largest constitution. It came into effect on Jan 1950 after being under preparation for 3 years
between Dec 1946-49. During this time every single clause of the consty was discussed by the assembly.

In all the assembly held 11 sessions spread out over 165 days, while the drafting and re-drafting of the
document was carried out by several committees and sub-committees.

The proceedings of these debates were published in 11 volumes. It is in these volumes that we find the
competing ideas of nation, of a diverse sense of what constitutes India.

How was the Consembly elected?

As to its composition, members were chosen by indirect election by the members of the Provincial
Legislative Assemblies, according to the scheme recommended by the Cabinet Mission.

The arrangement was: (i) 292 members were elected through the Provincial Legislative Assemblies;

(ii) 93 members represented the Indian Princely States; and

(iii) 4 members represented the Chief Commissioners' Provinces.

The total membership of the Assembly thus was to be 389. However, as a result of the partition under
the Mountbatten Plan of 3 June, 1947, a separate Constituent Assembly was set up for Pakistan and
representatives of some Provinces ceased to be members of the Assembly. As a result, the membership
of the Assembly was reduced to 299.

To begin with, though the Congress was at the forefront of the national movement, all shades of opinion
got representation in the assembly- from the right wing, to the Left and others.

The process was made more participatory by asking for submissions from the public at large.

Nehru’s first speech was on Dec 13th where he moved the Objectives Resolution that underlies the
philosophy of the constitution. The resolution proclaimed India as an ‘independent, sovereign republic’
guaranteeing its citizens justice, social, economic and political; equality of status and opportunity;
equality before law, freedom of thought, expression, faith and belief.

On 24th July Nehru moved the resolution proposing acceptance of the tricolor.

Sardar Patel was the other important member.

a) Integration of states
b) Protection of minorities

Ambedkar, a low caste lawyer was the other important member. He chaired the drafting committee
of the constitution.
Battle of Ideas

Together the consty embodied conflicting ideas within the assembly along with the legacy of the
national movement. As the political scientist Granville Austin has said, the constitution reflected
‘national’ and ‘social’ revolutions- the former entailing democracy and liberty, while the latter
emancipation and equality of dalits and women.

The challenge was resolving these with the Gandhian ideas of of Panchayati Raj based on village as
the basic unit.

For the framers of the consty, therefore should the collective (village) prevail over the individual?

Ambedkar attacked the Gandhian notion as backward looking that has led to India’s ruination. But
other leaders like the farmer leader and Gandhian NG Ranga criticized him.

Ultimately individual became the center-piece of India’s constitution. And the inspiration was Great
Britain with its monarchy and the system of parliamentary democracy. But again unlike Britain that
is unitary in nature, Consembly members opted for a federal structure based on American
experience. (legal, administrative and financial division) It also borrowed the doctrine of separation
of powers and the system of checks and balances from Western constitutionalism. Fundamental
Rights was a key component of the new imagined India.

These rights were not absolute. For example right to freedom of religion was recognized, but the
state reserved the right to reform through legislation. Separate electorates were done away with.
There was a call or reservation for women, but this was not acceded to. Reservation for Dalits and
tribals was however agreed upon. Both were strongly backed by voices representing these interests;
chief being Ambedkar himself and Jaipal Singh.

Many members opposed this. Some saw it as violation of Gandhian principles; others felt ancient
Indian examples of village republic was the model to be followed.

Language was the most contested issue in the house. There was a huge push for Hindi with
members speaking in Hindi and demanding car number plates and even the constitution written in
Hindi. The British had made English the language of education and administration. North wanted
Hindi, while South pushed for English. Gandhi and Nehru wanted Hindustani; but partition had killed
its prospects. As compromise Hindi was recognized as the ‘official language’ of the country, while
English became the language of administration for fifteen years.

The Consty also had a distinct Unitary bias. Three lists were proposed but there was a clear bias in
favour of the union list- article 356, appointment of Governor and even taxes.