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Home / IAS Preparation / Making of the Indian Constitution

Making of the Indian Constitution - Constituent Assembly for UPSC

Last Updated on May 13, 2025
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The Indian Constitution is codified, written in a single document, and enacted by a single body. The Indian Constitution was adopted on November 26, 1949, and the members of Parliament signed it on January 24, 1950. The Indian Constitution is Supreme, an amalgamation of rigidity and flexibility. The Constituent Assembly had written, debated, and finalized the constitution between December 1946 and January 1950. The making of the Indian Constitution involved a lot of consensus. This lengthy document, comprising 395 articles and 8 schedules, set out the architecture of the new state. 

The Making of the Indian Constitution Notes is an important topic in the UPSC CSE. Candidates are requested to thoroughly go through the UPSC Prelims Syllabus & UPSC Mains Syllabus to know more about the exam.

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GS Paper

General Studies Paper II

Topics for UPSC Prelims

Making of the Constitution, Constituent Assembly, Role of Dr. B.R. Ambedkar, Drafting Committee

Topics for UPSC Mains

Key Contributions by Dr. B.R. Ambedkar and Other Leaders, Constitutional Assembly Debates on Fundamental Rights and Directive Principles

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Making of Indian constitution

The British ruled India for over 200 years. In 1928, a committee was formed to draft a constitution for India. The committee's report, known as the Nehru Report, was published in 1929. After World War II, the British government granted India independence in 1947. The Constituent Assembly of India was elected in 1946. Its task was to draft a constitution for the newly independent country. The Constitution of India was adopted on November 26, 1949, and it came into effect on January 26, 1950.

The framing of Indian Constitution was a long and complex process. It was a time of great political and social change in India. The framers of the Constitution had to balance the competing demands of different groups and interests. They also had to take into account the country's unique history and culture. The result was a Constitution that is considered to be one of the most progressive and democratic constitutions in the world.

Who made the Constitution of India?

The Indian Constitution was drafted by the Constituent Assembly, which was elected by elected members of the provincial assemblies. The 389-member assembly (reduced to 299 after the partition of India) took almost three years to draft the constitution, holding eleven sessions over a 165-day period. It has taken a lot of cues from other countries’ constitutions. Taking inspiration and Sources from various Constitutions, on the other hand, does not make it secondhand. Furthermore, there was little to draw from in the way of a model.

Developments During the Making of the Indian constitution

Dates

Developments during the making of the constitution of India

1934

MN Roy gave the idea of a constituent assembly for framing the Indian constitution.

1935

This idea of forming a constituent assembly was supported by leaders of the Indian National Congress, and demand was put forward.

1938

Jawaharlal Nehru, on behalf of the Indian National Congress, demanded that the constituent assembly consist of Indians only.

1940

Britishers accepted this demand in the August offer.

1942

Before the Quit India movement, Cripps’s mission said that the formation of a constituent assembly would be after World War II (1939-1945).

1946

The Cabinet mission formed a constituent assembly.

Constituent assembly had 389 seats (296 British India and 93 Princely states)

Majority seats by Congress-208

9th Dec 1946

The first meeting of the constituent assembly took place with 211 members.

The first President of the assembly was Dr Sachidanand Sinha.

11th Dec 1946

Permanent President Dr Rajendra Prasad.

Vice President H. C. Mukherjee

Constitutional advisor B. N. Rao

13th Dec 1946

Objective resolution was given by Jawaharlal Nehru, who laid the philosophical structure of the Indian constitution. It was passed on 22nd July 1947.

3rd June 1947

Lord Mountbatten planned for two constituent assemblies.

The number of seats was reduced to 299.

The first Parliament of India – the constituent assembly was formed.

The first speaker of Independent India- G.V. Malvankar.

Chairman of constituent assembly Dr Rajendra prasad.

26th November 1949

The Constitution of India was made.

Check out the article on the Seventh Schedule of the Indian Constitution here.

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About the Constituent Assembly

The Constituent Assembly was an assembly of elected representatives who drafted the document of the constitution. Elections to this Assembly were held in July 1946, and its first meeting was held in December 1946. Due to partition, the constituent assembly was also divided. It comprised 299 members that adopted the constitution on 26 November 1947, which came into effect on 26 January 1950.

The constituent assembly had the responsibility for framing the constitution of India. It functioned from Dec 1946 to Nov 1949. There were 8 Major committees and 15 minor committees in the constituent assembly for different subjects. It conducted 11 sessions to discuss different issues related to the formation of the constitution.

Check out Article 356 of the Indian Constitution here.

Composition of the Constituent Assembly

Total Number of Seats in Constituent Assembly – 389 Seats (292 Seats – British Provinces and 93 seats – Princely states). The British provinces were divided into three principal communities comprising Muslims, Sikhs, and general. The members of that particular community elected representatives of each community for assembly. Later, due to the partition of India, some territories were transferred to Pakistan. This reduced the number of seats to 299. The method of election was through proportional representation, where 1 seat represented nearly 10 lakh people.

Also, check the Difference Between Written and Unwritten Constitutions here.

Features and Functions of the Constituent Assembly

The Provincial Legislative Assembly elected 292 members, while the Indian States had a maximum of 93 seats. Seats in each province were distributed proportionally among the Muslim, Sikh, and General committees based on their respective populations. Members of each Provincial Legislative Assembly community selected their representatives using the proportional representation method and a single transferable vote. The heads of the princely states chose representatives.

On December 13, 1946, Jawaharlal Nehru introduced the Objectives Resolution, marking the formal beginning of the Constituent Assembly's task of drafting the Indian Constitution. The resolution aimed to declare India as an Independent Sovereign Republic and draft a Constitution for its future administration. The resolution outlined fundamental principles to guide the Constituent Assembly's work passed on January 22, 1947. Gradually, delegates from princely states joined the Assembly, formally established on April 28, 1947, with representatives from six states.

Following the acceptance of the Mountbatten Plan for the partition of the country on June 3, 1947, delegates from most other princely states assumed their seats in the Assembly. The Constituent Assembly was responsible for the following tasks in addition to drafting the Constitution and adopting ordinary laws:

  • It corrected the Commonwealth’s membership enrolment in May 1949.
  • On July 22, 1947, it adopted the national flag.
  • On January 24, 1950, it adopted the national anthem.
  • On January 24, 1950, it chose Dr. Rajendra Prasad as India’s first President.

Also, check out the Salient Features of the Indian Constitution here.

Committees of the Constituent Assembly

Here is a brief overview of the committees of the Constituent Assembly of India:

Committees of the Constituent Assembly

Committee Name

Responsibilities

Chairperson

Drafting Committee

Drafting the actual text of the Constitution.

Dr. B.R. Ambedkar

Union Power Committee

Drafting provisions related to the central government.

Jawaharlal Nehru

Provincial Constitution Committee

Drafting provisions related to state governments.

Vallabhbhai Patel

Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas

Drafting provisions related to fundamental rights, minorities, and tribal areas.

Vallabhbhai Patel

States Committee

Negotiating with princely states for their integration into the Indian Union.

Jawaharlal Nehru

Rules of Procedure Committee

Drafting rules of procedure for the Constituent Assembly.

Rajendra Prasad

Finance and Staff Committee

Managing Constituent Assembly finances.

Rajendra Prasad

House Committee

Day-to-day administration of the Constituent Assembly.

B. Pattabhi Sitaramayya

Hindi Translation Committee

Translating the Constitution into Hindi.

Alladi Krishnaswami Ayyar

Urdu Translation Committee

Translating the Constitution into Urdu.

Muhammad Saadullah

Drafting Committee of the Indian Constitution

A notable committee among the mentioned committees is the Drafting Committee, led by Dr. B.R. Ambedkar. Established on August 29, 1947, its primary responsibility was to draft the Constitution of India, incorporating proposals from various committees. The committee consisted of seven members from the Assembly:

  • Dr. B.R. Ambedkar as the Chairman
  • Dr. K M Munshi
  • Syed Mohammad Saadullah
  • N Madhava Rau
  • N Gopalaswamy Ayyangar
  • Alladi Krishnaswamy Ayyar
  • T T Krishnamachari

Within a timeframe of six months, the committee prepared the first draft, which underwent revisions based on suggestions, public comments, and criticism. The second draft was subsequently released in October 1948.

Criticism Towards the Constituent Assembly

Here are some of the criticisms leveled against the Constituent Assembly of India:

  • It was not a fully representative body: The Constituent Assembly was elected by the provincial legislatures. This meant that the Constituent Assembly did not represent the views of all Indians.
  • It was dominated by the Indian National Congress: The Congress Party had a majority of seats in the Constituent Assembly. This led to accusations that the Constitution was not truly representative of the will of the people.
  • It was not a sovereign body: The Constituent Assembly was set up by the British government. It was subject to the provisions of the Indian Independence Act of 1947. The Constituent Assembly could not make any changes to the Act without the approval of the British government.
  • It was too slow in its work: The Constituent Assembly took over two years to draft the Constitution. This was seen by some as a waste of time and resources.
  • It was too influenced by foreign models: The Constituent Assembly drew heavily on the constitutions of other countries. This led to accusations that the Constitution was not truly Indian. It did not reflect the unique needs and circumstances of the country.

Also, check out the List of Important Major Amendments to the Indian Constitution here.

Objective Resolution

It acted as a guideline for the members of the constituent assembly to achieve –

  • Economic stability, political security, and faster unity of the nation.
  • Proclaim India as a sovereign democratic republic nation.
  • Ensure your federal form of Government with the distribution of powers between the central and the states.
  • Guarantee and secure justice, right to equality, freedom, belief, faith worship, and location to citizens of India.
  • Safeguard interests of backward and tribal areas, depressed classes, and other backward classes.
  • Maintain territorial integrity and sovereignty over land, sea, and air.
  • Help India to attain a rightful and honoured place in the world that will promote world peace and the welfare of mankind.

Know more about the Canadian Constitution!

Enforcement of the Constitution

On November 26, 1949, the motion on Draft Constitution was proclaimed approved, gaining the signatures of the members and the President. It should be emphasized that the Preamble was enacted after the Constitution.

After three sets of readings of the Draft produced by the Drafting Committee and published in October 1948, the Constitution was accepted on November 26, 1949, with a Preamble, 395 Articles, and 8 Schedules Of the Indian Constitution. Some of the 395 Articles, such as Articles 5 to 9, Articles 379, 380, 388, 392, and 393, went into effect on November 26, 1949. 

The remaining Articles were enacted on January 26, 1950, Republic Day. The Indian Independence Act of 1947 and the Government of India Act of 1935 were repealed once the Constitution of India took effect. Our Constitution currently has 448 Articles, 25 Parts, and 12 Schedules.

Also, study Statutory, Constitutional, and Various Quasi-Judicial Bodies here.

Key Takeaways on the Making of the Indian Constitution for UPSC Aspirants

  • Historical Background: Evolved in 1947 after independence from colonial rule.
  • Constituent Assembly: In 1946, representatives drawn from all sections of the Indian society.
  • Important personalities: Dr. B.R. Ambedkar, Chairman of the Drafting Committee; Jawaharlal Nehru; Sardar Vallabhbhai Patel.
  • Drafting: Elaborate debates and discussions to cover all aspects of legal functioning.

Download Making of the Indian Constitution Notes PDF for Key Takeaways!

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Making of Indian Constitution UPSC FAQs

The Indian Constitution refers to the supreme legal document that governs the framework, principles, and functioning of the Indian government. It outlines the fundamental rights and duties of citizens and establishes the structure of the country.

Dr. B.R. Ambedkar is widely regarded as the principal architect and the father of the Indian Constitution.

The constitution plays a crucial role in providing a framework for governance, defining the distribution of powers among different institutions, protecting fundamental rights, ensuring the rule of law, and establishing the basic structure and functioning of the government.

Constitution Day, which is celebrated on 26th November every year, was initially called "Law Day" or "Samvidhan Divas" in India. It was officially renamed as Constitution Day in 2015, in honor of the adoption of the Indian Constitution on 26th November 1949.

The Indian Constitution was drafted by a Constituent Assembly. It was composed of elected representatives from various regions and communities of India. They formulated the Constitution over a period of almost three years, from 1946 to 1949.

The Constitution of India was made by the Constituent Assembly, a body of representatives elected by the people of India.
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