Big picture
India's Constitution came into effect on 26 January 1950. It was framed by the Constituent Assembly between December 1946 and November 1949, at one of the most turbulent times in the country's history: partition, communal violence, the integration of princely states and the flood of refugees.
The Constitution was not simply written by experts; it emerged from long, public debates in which members argued passionately about rights, representation, federalism and language. This chapter shows what was debated, why, and how compromises were reached.
Learning goals
Describe the turbulent times in which the Constitution was framed.
Explain the composition and working of the Constituent Assembly and its key members.
Explain the Objectives Resolution and its ideals.
Explain the debates on the will of the people, separate electorates and minority rights.
Explain the debates on the rights of the depressed classes.
Explain the debates on the powers of the centre and states.
Explain the debate on the national language.
Core ideas
1. A tumultuous time
1946–47: the Calcutta riots after the Muslim League's "Direct Action" call (August 1946), and violence across north India.
Partition and independence (15 August 1947): massive migration, refugee crises and violence on both sides of the border.
Princely states: their integration was a major challenge, handled by Sardar Vallabhbhai Patel and V.P. Menon.
The members of the Assembly were influenced by these events, as well as by the long history of the national movement, earlier constitutional experiments (such as the Government of India Act, 1935) and public opinion.
2. The Constituent Assembly
Members were elected in 1946 by the provincial legislatures (themselves elected on a limited franchise), not directly by the people. The princely states also sent representatives.
After partition, the Congress dominated the Assembly, holding about 82% of seats. But the Congress itself was diverse, with members holding different views on economics, religion and social issues.
The Assembly met for 11 sessions over 165 days between December 1946 and November 1949. Its debates were public, reported in newspapers, and influenced by public opinion: people sent petitions and suggestions.
Key members:
Member | Role |
|---|---|
Jawaharlal Nehru | Moved the Objectives Resolution and the resolution on the national flag |
Sardar Vallabhbhai Patel | Worked behind the scenes; chaired reports on minorities and fundamental rights; integrated princely states |
Dr Rajendra Prasad | President of the Constituent Assembly |
Dr B.R. Ambedkar | Chairman of the Drafting Committee; piloted the draft through the Assembly |
K.M. Munshi (Gujarat) and Alladi Krishnaswamy Aiyar (Madras) | Lawyers who contributed to drafting |
B.N. Rau | Constitutional Advisor to the Government of India; prepared background papers |
S.N. Mukherjee | Chief draughtsman, who put complex proposals into clear legal language |
3. The Objectives Resolution
Moved by Jawaharlal Nehru on 13 December 1946, it outlined the ideals of the Constitution.
It proclaimed India an "Independent Sovereign Republic", guaranteed its citizens justice, equality and freedom, and promised adequate safeguards for minorities, backward and tribal areas, and depressed and other backward classes.
Nehru stressed that the Constitution would learn from other democracies (the USA, France, Britain), but would be adapted to Indian conditions, rather than copied.
4. The will of the people
Somnath Lahiri, a communist member, warned that the Assembly was still working under the shadow of British influence and urged it to free itself fully.
Nehru replied that the Assembly expressed the will of the people, since it emerged from the national movement's long struggle and the people's aspirations for democracy, equality and justice.
The Constitution adopted universal adult franchise, giving every adult the right to vote, a bold decision for a country with low literacy.
5. Separate electorates and minority rights
The British had introduced separate electorates for Muslims in 1909, and later for other groups. Some members, such as B. Pocker Bahadur of the Muslim League, argued for separate electorates to ensure that minorities had a meaningful voice.
Most nationalists, including Sardar Patel and Govind Ballabh Pant, strongly opposed them, arguing they had divided people, encouraged communalism and led to partition. They held that minorities would be best protected within a common national community.
Begum Aizaz Rasul, herself a Muslim League member, argued that separate electorates had isolated Muslims and that they should participate in the democratic process along with others.
Outcome: separate electorates were rejected; instead, minority rights were protected through fundamental rights (freedom of religion, cultural and educational rights).
6. The depressed classes
Members such as N.G. Ranga argued that the "real minorities" were the poor and downtrodden, who needed real economic opportunities, not just legal rights.
J. Nagappa and others from the depressed classes pointed out that they had suffered because of the caste system and needed protection.
Dr B.R. Ambedkar had earlier demanded separate electorates for the depressed classes, which Gandhi opposed (leading to the Poona Pact, 1932, which gave reserved seats within joint electorates).
Outcome: the Constitution abolished untouchability, opened Hindu temples to all castes, and provided reservation of seats in legislatures and jobs in government for the depressed classes (Scheduled Castes) and Scheduled Tribes. Members recognised that social discrimination couldn't be removed by law alone, and that society's attitudes also needed to change.
7. The powers of the centre and the states
K. Santhanam from Madras argued that states needed more financial and administrative powers, warning that an over-centralised state would weaken the states and the country.
Others, including Nehru and Ambedkar, argued for a strong centre to prevent disorder and violence after partition, to handle the integration of princely states and the needs of economic planning.
Outcome: the Constitution created three lists of subjects: the Union List (for the centre), the State List (for states) and the Concurrent List (shared). Residuary powers went to the centre, and the centre could intervene in states in emergencies. The result was a federation with a strong centre.
8. The language of the nation
The question of a national language was hotly debated. Gandhi had advocated Hindustani, a blend of Hindi and Urdu, spoken by many and easy to understand.
R.V. Dhulekar argued strongly for Hindi as the national language, sometimes provoking protests from members from non-Hindi regions.
Shrimati G. Durgabai from Madras warned that imposing Hindi would cause resentment in the south and argued for patience and voluntary adoption.
T.A. Ramalingam Chettiar and others urged caution and respect for regional languages.
Outcome (a compromise): Hindi in the Devanagari script became the official language of the Union, but English was to continue for official purposes for fifteen years; regional languages were recognised, and states could choose their own official languages. Hindi was not declared the national language.
9. The Constitution: a living document
The Constitution emerged from debate, disagreement and compromise. It reflected the nationalist movement's ideals of democracy, equality, justice and secularism, and tried to balance unity with diversity. It remains a living document, interpreted by courts and amended by Parliament.
A reliable approach to questions
For the Assembly, explain how members were chosen, the Congress's dominance and diversity, and the public nature of debates.
For the Objectives Resolution, give the date, mover and key ideals.
For each debate (minorities, depressed classes, centre–state relations, language), give the arguments on each side and the outcome.
Name the members associated with each argument.
Connections that matter
Mahatma Gandhi and the nationalist movement describes the struggle that shaped the Constitution's ideals.
Political Science: challenges of nation-building discusses partition, princely states and the reorganisation of states.
Class 11 Political Science: Constitution explains the working of the Constitution in detail.
Common mistakes
Saying the Constituent Assembly was elected directly by the people. It was elected by provincial legislatures.
Saying Hindi was declared the national language. Hindi became the official language, with English continuing.
Saying separate electorates were retained. They were rejected.
Confusing Rajendra Prasad (President of the Assembly) and Ambedkar (Chairman of the Drafting Committee).
Revision checklist
I can describe the context in which the Constitution was framed.
I can explain the composition of the Assembly and key members' roles.
I can explain the Objectives Resolution.
I can explain the debates and outcomes on minorities, depressed classes, centre–state powers and language.