2.3.1 Drafting Committee and Drafting Process
The drafting of the Indian Constitution was a meticulous process overseen by the Drafting Committee of the Constituent Assembly, led by Dr. B.R. Ambedkar. The drafting process involved deliberations, debates, and inputs from various members of the Constituent Assembly. Here’s an overview of the Drafting Committee and the drafting process:
(1) Formation of the Drafting Committee:
The Constituent Assembly appointed a Drafting Committee on August 29, 1947, to draft the Constitution.
Dr. B.R. Ambedkar was appointed as the Chairman of the Drafting Committee, which consisted of six other members: N. Gopalaswami Ayyangar, Alladi Krishnaswami Ayyar, K.M. Munshi, Syama Prasad Mookerjee, Mohammad Saadulla, and D.P. Khaitan.
The Drafting Committee was responsible for framing the comprehensive document that would embody the principles and provisions agreed upon by the Constituent Assembly.
(2) Drafting Process:
The Drafting Committee embarked on the task of drafting the Constitution based on the discussions, debates, and resolutions adopted by various committees and the Constituent Assembly.
Dr. B.R. Ambedkar played a pivotal role in guiding the committee’s work and synthesizing the inputs received from diverse members into a coherent document.
The Committee extensively studied and analyzed various constitutional frameworks from around the world, drawing inspiration from different sources while keeping in mind India’s socio-political context and aspirations.
(3) Consultations and Deliberations:
The Drafting Committee engaged in rigorous consultations and deliberations, examining each provision meticulously and ensuring that it reflected the principles of justice, equality, democracy, and social harmony.
The Committee considered inputs and suggestions from other members of the Constituent Assembly, legal experts, and advisors while formulating the draft.
(4) Drafting Stages and Revisions:
The drafting process occurred in several stages, with multiple drafts prepared and revised before the final version was presented.
Several versions of the draft Constitution were circulated among the members for discussion and review. Amendments were proposed, debated, and incorporated based on consensus and majority decisions in the Constituent Assembly.
(5) Adoption of the Constitution:
After extensive discussions and deliberations, the final draft of the Constitution was presented to the Constituent Assembly on November 26, 1949.
The Constituent Assembly deliberated on each article and schedule of the draft Constitution over a period of about two years, examining and finalizing each provision.
Finally, on January 24, 1950, the Constituent Assembly adopted the Constitution of India, and it came into effect on January 26, 1950, marking the birth of the Republic of India.
2.3.2 Adoption and Enactment
The adoption and enactment of the Indian Constitution involved a series of procedural steps undertaken by the Constituent Assembly before it became the supreme law of the land on January 26, 1950. Here’s a detailed overview of the adoption and enactment process:
(1) Finalization of the Draft Constitution:
The Drafting Committee, headed by Dr. B.R. Ambedkar, prepared the final draft of the Constitution after extensive deliberations and discussions within the Constituent Assembly.
The draft underwent several revisions and consultations to incorporate inputs from various members and experts.
(2) Consideration and Debate in the Constituent Assembly:
The final draft of the Constitution was presented to the Constituent Assembly on November 26, 1949, by Dr. Rajendra Prasad, the President of the Assembly.
The Constituent Assembly engaged in detailed deliberations, clause by clause, over a period of about two and a half months, discussing and scrutinizing each article, schedule, and provision of the draft Constitution.
(3) Amendments and Modifications:
During the debates in the Constituent Assembly, members proposed amendments to various provisions of the draft Constitution.
The Assembly discussed and considered these proposed amendments, either accepting or rejecting them through a process of voting.
(4) Adoption and Signing:
On January 24, 1950, the Constituent Assembly formally adopted the Constitution of India, endorsing the final version of the document.
Each member of the Assembly signed two hand-written copies of the Constitution, one in Hindi and the other in English, thus symbolizing their acceptance and commitment to the Constitution.
(5) Commencement and Enactment:
The Constitution of India came into effect on January 26, 1950, marking the day India became a republic.
This date was chosen to honor the historic Lahore Session of the Indian National Congress in 1929 when the resolution demanding “Purna Swaraj” (complete independence) was passed, setting the stage for India’s freedom struggle.
The President of the Constituent Assembly, Dr. Rajendra Prasad, became the first President of the Republic of India, and the Constitution replaced the Government of India Act 1935 as the governing document, granting sovereignty to the people of India.
(6) Republic Day Celebration:
The adoption of the Constitution on January 26 is commemorated annually in India as Republic Day, a national holiday celebrated with grand ceremonies, parades, and cultural events showcasing India’s unity, diversity, and democratic spirit.
The adoption and enactment of the Constitution marked a monumental achievement for India, signifying the culmination of years of struggle, debate, and visionary efforts by the framers of the Constitution. It laid the foundation for a democratic, sovereign, and secular nation governed by the principles enshrined in its supreme legal document, the Constitution of India.