The Making of Our Constitution

By the term constitution we mean how and by what a thing is made up of. So the Constitution of India, as it is easy to infer, relates to integrate such parts into an organic whole as make our political system a living one to govern this country according to the values held dear since time immemorial. This  Document, apart from it being providing details of engagement of the three organs of the State i.e Executive, Legislature and Judiciary, throws light on interaction  of the people with the State in terms of rights and obligations of both towards one another. Thus this Social Document as it has been called so also seeks to strike a balance between the pair of opposites which are important for governance. That is why we see therein provisions related to equality before law balanced by equal protection of law, individual liberty balanced by preventive detention, Fundamental Rights supplemented by Fundamental Duties, State's right to rule qualified by the obligation emanating from the Directions imposed upon itself(Directive Principles) to promote collective growth, sovereignty of Parliament subject to Judicial Review, promulgation of Ordinance balanced by parliamentary enactments to quote a few.  Those who have studied it must have felt that it incorporates all that what is needed for the establishment of a political system informed by social and economic values we hold for being governed democratically.
                     But how this valuable document which acts as a prime mover for the functioning of the State Machinery came into being? As anyone can guess it must not have been drafted by a single individual out of his own knowledge, wisdom and experience;rather it was the outcome of the productive deliberations of the most erudite minds of the time whose accumulated experience by way of their engagement with the people as well as the British Raj during India's struggle for freedom sublimed to fulfillment of their efforts to govern themselves by a statute framed by themselves.
                    In a bid to trace in brief the history of making of our Constitution we are enjoined to refer to the Cabinet Mission Plan which envisaged of a Constituent Assembly for drafting a Constitution within the parameters set forth by the Mission. Notwithstanding that this Constituent Assembly was not meant to act as a Sovereign Body in real sense of the term it provided the opportunity to our leaders to rise to the occasion to take up the daunting task enjoined upon it by the Mission Plan. However the limitations imposed upon this Constituent Assembly was automatically removed with the enactment of The Indian Independence Act, 1947 on 18 July 1947 creating two independent dominions of India and Pakistan with effect from 15th August 1947. 
            This Constituent Assembly as originally coming into existence subsequent to the indirect election in July 1946 sat for the first time for the purpose on 9th December 1946 under the chairmanship of the most senior member Dr. Sachhidanand Sinha and on 11 December 1946 Dr. Rajendra Prasad was subsequently elected permanent Chairman of this Constituent Assembly.
               The prominent members of this Constituent Assembly whose deliberations formed the basic building blocks of the Constitution included Babu Rajendra Prasad, Jawaharlal Nehru, Sardar Ballabhbhai Patel, Maulana Azad, Gopalswamy Ayyangar, G.B. Pant, Abdul Ghaffar Khan, T.T. Krishnamachari, Alladi Krishnaswamy Ayyar, H.N.Kunzru, K.T.Shah, J.B. Kripalani, Dr. Radhakrishnan, Liaquat Ali Khan, Sir Feroze Khan Noor, Dr. Sachhidanand Sinha, Mrs. Hansa Mehta and K.M.Munshi.
             The Constituent Assembly adopted a resolution named "Objective Resolution" which later came to be known as the Preamble to our Constitution.
                        The Constituent Assembly set up a number of committees and in some cases subcommittees each meant to address various designated issues reserved for deliberations for it to be incorporated into Draft Constitution. Based on the recommendations of the 15 member committee to prepare the Rules of Procedure for the the Constituent Assembly submitted by K.M.Munshi, the same was adopted on 23 December and accordingly other specific business oriented Committees were set up which included the following-
                 *Committee on the Rules of Procedure - Rajendra Prasad
                 *Steering Committee Rajendra Prasad
                 *Finance and Staff Committee - Rajendra Prasad
                 *Credential Committee - Alladi Krishnaswamy Ayyar
                 *House Committees-B.Pattabhi Sitaramayya
                 *Order of Business Committees-K.M.Munshi
                 *Ad hoc Committee on the National Flag-Rajendra Prasad
                 *Committee on the Functions of the Constituent Assembly-G.V.Mavalankar
                 *States Committee-Jawaharlal Nehru
                *Advisory Committee on Fundamental Rights, Minorities, Tribal And Excluded Areas- Ballabhbhai Patel
                *Fundamental Rights Sub-Committee-J. B. Kripalani
                *North - East Frontier Tribal Area Sub-Committee-J. B. Kripalani
                *Excluded and Partially excluded Areas (Other than those in Assam) Sub-Committee-A. V.Thakkar
                *Union Powers Committee-Jawaharlal Nehru
These Committees worked in great details with respect to the matter entrusted to them and submitted their reports which formed the basis of discussion and preparation of the first Draft Copy of the Constitution for which we must acknowledge our sincere gratitude to Sir Benegal Narsing Rao(B. N.Rao) the Constitutional Advisor, who though not being a member of of the Constituent Assembly, rendered invaluable service in the background to this August Assembly by his extraordinary skill, knowledge and experience as seasoned bureaucrat(he being a retired IAS, Jurist, Diplomat and Statesman). His key role in preparing the first text of the Draft Constitution has conveniently been ignored to say the least.
  On 29 August 1947,the Constituent Assembly adopted a resolution by which a Drafting Committee was appointed which was to be chaired by Dr. B. R. Ambedkar.
            This Drafting Committee comprising seven members namely Alladi Krishnaswamy Ayyar, Naresh. Gopalswamy Ayyangar, K.M.Munshi, Muhammad Sadaullah, B.L.Mitter(later substituted by N.Madhaw Rao),D.P.Khaitan(later T.T.krishnamachari upon death of Mr. Khaitan), Dr. B. R. Ambedkar sat on 30th August 1947 to elect Dr. Ambedkar its Chairman.
The Drafting Committee deliberated on the first text as prepared by Mr. Rao through a number of sittings spanning over 42 days and draft as approved by this Committee after such deliberation oriented rectification was approved to be printed for it being circulated to all the members of the Constituent Assembly, Provincial Governments, Legislatures, various ministries of the Government of India, Federal Court and High Courts apart from the general public. The feedback received after such circulations enabled the Drafting Committee to meet in March 1948 and a Special Committee consisting of Union Constitution Committee, Union Powers Committee and Provincial Constitution Committee provided input to the Drafting Committee on the basis of which Dr. Ambedkar submitted a fresh report to the President clearly indicating the ammendments to be discussed in the Constituent Assembly in parallel columns showing the provisions as presented and the ammendments so proposed.
            Finally the Draft Constitution was introduced in the Constituent Assembly on 4 November 1948 that discussed the same in detail and finally adopted on 26 November 1949.
                   This lengthiest document in the world took a total period of 2 years 11 months and 17 days from start to finish. It can also be mentioned that in the midst of a flood of ammendment proposals to the Draft Constitution as many as 2473 ammendments were considered during the making of the Constitution.
             This, in short, is the history in bare outline about the making of our Constitution. This excludes the  developments not unimportant from the point of view of the evolution of constitutional watermarks like The Indian Council Act, 1909,The Government of India Act, 1919 and The Government of India Act,1935 preceding Cabinet Mission. But I intend to wind up the  topic for the readers who may get bored by making it lengthier than it has already become despite not intended to be so.
 

                                               R.R.Prabhakar