Harsh Paliwal
How India's Constitution Came into Effect: A Historical Overview
Discover the journey of India's Constitution from its adoption on November 26, 1949, to its enforcement on January 26, 1950, marking the nation's to a republic.
It was in 1934, when the idea of a Constituent Assembly for India was put forward for the first time by M. N. Roy, a pioneer of communist movement in India. In 1935, the Indian National Congress (INC), for the first time, officially demanded a Constituent Assembly to frame the Constitution of India, and then began a process which took years to give fruit.
The Constituent Assembly
The constituent assembly was constituted in the wintery November of 1946, comprising a total of 389 members– 296 from the British India, and 93 from the princely states. The seats were allotted in a way that ensured that the committee had representation from each community, each region, every religion, and across gender. The assembly included all the major personalities of that time, the only exception being Mahatama Gandhi.
The first meeting of the constituent assembly was held on December 9, 1946 and was attended by a total of 211 members. Later on, the Constituent Assembly held 11 sessions over two years, 11 months and 18 days; during which the Constitution-makers went through the constitutions of about 60 countries, discussed and debated every single word, and finally came to a draft resolution, which was considered and debated for about 114 days.
Before introducing the historic ‘Objectives Resolution’ in the Contituent Asse,bly, Nehru outlined the vision of the Constitution in a famous speech on December 13, 1946. Nehru said “[O]ur mind goes back to these great examples (of other nations that formed Constituent Assemblies and new Constitutions) and we seek to learn from their success and to avoid their failures,” he said. “Perhaps we may not be able to avoid failures because some measure of failure is inherent in human effort. Nevertheless, we shall advance, I am certain, in spite of obstructions and difficulties, and achieve and realise the dream that we have dreamt so long…”
Nehru, significantly, added that India was “not going just to copy” ideals, procedures and provisions of the Constitution from elsewhere. “[W]hatever system of government we may establish here must fit in with the temper of our people and be acceptable to them.”
The demand for continuing separate electorates was raised in some quarters, but most nationalists opposed it. Making a strong case against the suggestion, Sardar Vallabhbhai Patel said: “Can you show me one free country where there are separate electorates?... But in this unfortunate country if this separate electorate is going to be persisted in, even after the division of the country, woe betide the country; it is not worth living in…The British element is gone, but they have left the mischief behind.” Similarly, Govind Ballabh Pant during a debate on August 27, 1947, said that separate electorates would be “suicidal to the minorities and will do them tremendous harm”.
Thoughtful debates on the rights of tribal communities and Dalits were also held. “The whole history of my people is one of continuous exploitation and dispossession…and yet I take Pandit Jawaharlal Nehru at his word…that now we are going to start a new chapter…where there is equality of opportunity, where no one would be neglected,” said Jaipal Singh, a representative of the adivasis.”
The constitution was finally adopted by the constituent assembly on 26th November 1950, after three readings, during which 7,653 amendments were proposed, and 2473 were actually discussed. The constitution adopted on 26th November, contained a preamble, 395 articles, and 8 schedules.
Enforcement of the Constitution
The original handwritten constitution of India (image credits: DNA India)
On 24th January, 616 signatures were made by 308 members of the assembly on the two hand-written copies (Hindi and English) of the final draft of the Constitution of India. Two days later, on 26th January, the world’s largest written constitution comprising of 448 articles in 22 parts, 12 schedules and 97 amendments, was validated and found effect across every corner of this country.
Although, 26 January was specifically chosen at the ‘date of commencement’ of the Constitution because of its historical importance. Interestingly, it was on this day in 1930 that Purna Swaraj day was celebrated, following the resolution of the Lahore Session (December 1929) of the INC.
To this day, the original handwritten copies of the constitution of India are kept in helium-filled cases in the Library of Parliament house.
Resources:
Indian Polity by M. Laxmikanth
https://www.mapsofindia.com/on-this-day/26th-november-1949-the-constitution-of-india-was-adopted
Harsh Paliwal
29th Nov 2022•4 mins read
How India's Constitution Came into Effect: A Historical Overview
Discover the journey of India's Constitution from its adoption on November 26, 1949, to its enforcement on January 26, 1950, marking the nation's to a republic.
It was in 1934, when the idea of a Constituent Assembly for India was put forward for the first time by M. N. Roy, a pioneer of communist movement in India. In 1935, the Indian National Congress (INC), for the first time, officially demanded a Constituent Assembly to frame the Constitution of India, and then began a process which took years to give fruit.
The Constituent Assembly
The constituent assembly was constituted in the wintery November of 1946, comprising a total of 389 members– 296 from the British India, and 93 from the princely states. The seats were allotted in a way that ensured that the committee had representation from each community, each region, every religion, and across gender. The assembly included all the major personalities of that time, the only exception being Mahatama Gandhi.
The first meeting of the constituent assembly was held on December 9, 1946 and was attended by a total of 211 members. Later on, the Constituent Assembly held 11 sessions over two years, 11 months and 18 days; during which the Constitution-makers went through the constitutions of about 60 countries, discussed and debated every single word, and finally came to a draft resolution, which was considered and debated for about 114 days.
Before introducing the historic ‘Objectives Resolution’ in the Contituent Asse,bly, Nehru outlined the vision of the Constitution in a famous speech on December 13, 1946. Nehru said “[O]ur mind goes back to these great examples (of other nations that formed Constituent Assemblies and new Constitutions) and we seek to learn from their success and to avoid their failures,” he said. “Perhaps we may not be able to avoid failures because some measure of failure is inherent in human effort. Nevertheless, we shall advance, I am certain, in spite of obstructions and difficulties, and achieve and realise the dream that we have dreamt so long…”
Nehru, significantly, added that India was “not going just to copy” ideals, procedures and provisions of the Constitution from elsewhere. “[W]hatever system of government we may establish here must fit in with the temper of our people and be acceptable to them.”
The demand for continuing separate electorates was raised in some quarters, but most nationalists opposed it. Making a strong case against the suggestion, Sardar Vallabhbhai Patel said: “Can you show me one free country where there are separate electorates?... But in this unfortunate country if this separate electorate is going to be persisted in, even after the division of the country, woe betide the country; it is not worth living in…The British element is gone, but they have left the mischief behind.” Similarly, Govind Ballabh Pant during a debate on August 27, 1947, said that separate electorates would be “suicidal to the minorities and will do them tremendous harm”.
Thoughtful debates on the rights of tribal communities and Dalits were also held. “The whole history of my people is one of continuous exploitation and dispossession…and yet I take Pandit Jawaharlal Nehru at his word…that now we are going to start a new chapter…where there is equality of opportunity, where no one would be neglected,” said Jaipal Singh, a representative of the adivasis.”
The constitution was finally adopted by the constituent assembly on 26th November 1950, after three readings, during which 7,653 amendments were proposed, and 2473 were actually discussed. The constitution adopted on 26th November, contained a preamble, 395 articles, and 8 schedules.
Enforcement of the Constitution
The original handwritten constitution of India (image credits: DNA India)
On 24th January, 616 signatures were made by 308 members of the assembly on the two hand-written copies (Hindi and English) of the final draft of the Constitution of India. Two days later, on 26th January, the world’s largest written constitution comprising of 448 articles in 22 parts, 12 schedules and 97 amendments, was validated and found effect across every corner of this country.
Although, 26 January was specifically chosen at the ‘date of commencement’ of the Constitution because of its historical importance. Interestingly, it was on this day in 1930 that Purna Swaraj day was celebrated, following the resolution of the Lahore Session (December 1929) of the INC.
To this day, the original handwritten copies of the constitution of India are kept in helium-filled cases in the Library of Parliament house.
Resources:
Indian Polity by M. Laxmikanth
https://www.mapsofindia.com/on-this-day/26th-november-1949-the-constitution-of-india-was-adopted
Subscribe to our newsletter