Making of Indian Constitution

Making of Indian Constitution 

The Indian Constitution stands as a testament to the democratic ideals of a newly independent nation. Crafted with utmost care and foresight, it encapsulates the aspirations of its people while ensuring justice, liberty, equality, and fraternity. This article explores the intricate process of drafting and finalizing the Indian Constitution, with a special focus on its unique features that were deliberated upon during the Constituent Assembly discussions.

Historical Context

The Indian National Congress, led by stalwarts like Jawaharlal Nehru and Sardar Vallabhbhai Patel, understood the need for a robust constitutional framework for a newly independent India. Thus, the Constituent Assembly was formed in December 1946, bringing together representatives from diverse regions, religions, and communities to draft a Constitution that would serve as the bedrock of the Indian Republic. Dr. Rajendra Prasad was appointed as the President of the Assembly, with Dr. B.R. Ambedkar leading the Drafting Committee.

The Drafting Process

1. Formation of the Drafting Committee: Dr. B.R. Ambedkar, often referred to as the “Father of the Indian Constitution,” was chosen to chair the Drafting Committee, established on August 29, 1947. The committee was responsible for framing the draft based on inputs from various sections of the Constituent Assembly.

   
   

2. Drafting the Constitution: The Drafting Committee presented the first draft of the Constitution on November 4, 1948. The draft was an amalgamation of various provisions from global constitutions, tailored to suit the unique socio-political landscape of India.

   
   

3. Debates and Discussions: The draft was subjected to rigorous debates and discussions within the Constituent Assembly. Every clause, article, and provision was examined in detail, leading to a series of amendments and refinements. These discussions were pivotal in ensuring that the Constitution addressed the needs and aspirations of all sections of society.

   
   

4. Finalization of the Draft: After nearly three years of deliberation, the final draft of the Indian Constitution was adopted on November 26, 1949, which is now celebrated as Constitution Day. The Constitution was then enacted on January 26, 1950, a date chosen to commemorate the Purna Swaraj declaration of 1930.

Special Features of the Indian Constitution

The Indian Constitution is unique in its structure, content, and vision. Several key features were highlighted during the Constituent Assembly discussions, reflecting the deep thought and deliberation that went into its making.

1. Length and Detail: The Indian Constitution is one of the lengthiest in the world, with 395 articles spread across 22 parts and 8 schedules at the time of its adoption. This extensive nature was a deliberate choice to address the vast diversity and complexity of Indian society.

   
   

   Discussion Reference: Members of the Constituent Assembly, such as Alladi Krishnaswami Ayyar, emphasized the need for a detailed Constitution that would leave no room for ambiguity, ensuring clarity in governance and administration.

   
   

2. Preamble: The Preamble of the Indian Constitution reflects the core values of the nation—Sovereign, Socialist, Secular, Democratic, Republic. It also guarantees Justice, Liberty, Equality, and Fraternity to all citizens.

   
   

   Discussion Reference: Jawaharlal Nehru, in his Objectives Resolution, which later became the Preamble, underscored the importance of these values as the guiding principles for the Indian state.

   
   

3. Federal Structure with a Strong Center: The Indian Constitution establishes a federal system of government with a strong central authority. This feature was a response to the challenges of maintaining unity and integrity in a diverse and vast country.

   
   

   Discussion Reference: Dr. B.R. Ambedkar argued for a strong central government to prevent fissiparous tendencies and ensure national unity while allowing autonomy to states in matters of local importance.

   
   

4. Fundamental Rights and Directive Principles: The Constitution guarantees Fundamental Rights to all citizens, safeguarding their liberties and ensuring social justice. Complementing these are the Directive Principles of State Policy, which provide guidelines for the state to achieve socio-economic goals.

   
   

   Discussion Reference: Leaders like Sardar Vallabhbhai Patel and K.M. Munshi emphasized the importance of Fundamental Rights as a safeguard against any form of authoritarianism, while the Directive Principles were seen as essential for achieving social and economic democracy.

   
   

5. Independent Judiciary: The Indian Constitution provides for an independent judiciary, with the Supreme Court at its apex, to act as the guardian of the Constitution and the rights of the people.

   
   

   Discussion Reference: Members of the Assembly, including B.N. Rau, highlighted the necessity of an independent judiciary to ensure the rule of law and prevent the abuse of power by the executive and legislature.

   
   

6. Secularism: The Constitution of India declares the state to be secular, with no official religion, ensuring equal treatment of all religions.

   Discussion Reference: Debates led by leaders like Maulana Abul Kalam Azad stressed the importance of secularism in a multi-religious society like India, to ensure harmony and equality among all citizens.

Conclusion

The Indian Constitution, with its unique features, reflects the vision and values of the Constituent Assembly members. The drafting and finalization process was marked by intense deliberation, with each provision crafted to ensure that the Constitution would serve as a living document, capable of guiding the nation through its journey as a democratic republic. Today, the Constitution continues to be the foundation upon which the world’s largest democracy thrives.