How the Constitution came to represent our civilisational ethos

Hindustan Times

14-06-2025

These days it has become fashionable for political leaders to swear by the Constitution, and even flaunt a copy of it in public rallies. Yet few are fully aware of the drama and sweat that went into its making.
The Constitution was a product of three years of intense and cerebral deliberations of the Constituent Assembly (CA), from August 1946 to January 26, 1950, when it was signed by each member and formally adopted. We celebrate that day as Republic Day.
But there is a long history preceding the convening of the CA. The idea was first mooted by VK Krishna Menon (later the country's defence minister) as far back as 1933. In 1936, at its Lucknow session, the Congress party formally asked for it. When there was no immediate response from the British, C Rajagopalachari strongly reiterated the appeal. The British accepted it in August 1940.
Finally, under the British Cabinet Mission Plan, elections to the CA were held in July 1946. Not many know that these elections were not held under universal suffrage. The nominees were elected by the Provincial Assemblies by a single transferable vote system of proportional representation. To this were added the elected nominees of 93 princely states, and one each from the chief commissionerships of Delhi, Ajmer-Merwara, Coorg and Baluchistan. The elections were completed by 16 August 1946. Congress representatives had the lion's share of 69%. The Muslim League won 73 seats. On the announcement of a separate Indian state, the League boycotted the CA, but 28 of its 73 members chose to ignore the boycott.
In its final configuration, the CA consisted of 299 members. Although not directly elected, they represented an entire spectrum of views — conservatives, progressives, Marxists, and all beliefs, including Hindu revivalists and Islamic votaries. Historian Granville Austin has described the CA as 'India in microcosm'.
Rajendra Prasad, later the first President of India, was elected as the chairperson. Harendra Coomar Mookherjee, a Christian and former vice-chancellor of Calcutta University, was elected vice-president. BR Ambedkar was the chairperson of the drafting committee. He was ably assisted by jurist BN Rau, who as Constitutional advisor, prepared the first draft. The CA had 114 sittings spread over two years, 11 months and 18 days.
Spirited debates took place on several issues: Universal suffrage, which some thought was premature, until Jawaharlal Nehru put an end to the debate by saying, 'the voice of a peasant is as precious as that of a professor'; the integration into the Union of princely states, ably steered by Sardar Vallabhbhai Patel; federalism, and the use of emergency powers by the Centre, but only in 'extraordinary circumstances'; language and linguistic states; fundamental rights versus directive principles; and reservations and social justice. Ambedkar's insistence on reservations for Scheduled Castes and Scheduled Tribes faced some opposition, but his will prevailed when he bluntly said that if this is not done, 'those who suffer from inequality will blow up the structure of democracy'. There were voices wanting Hindu heritage to be especially acknowledged, but after prolonged debate, the consensus was that the Republic will treat all religions equally.
On 26 November 1949, the Constitution was passed, the longest of its kind in the world, with 395 Articles, eight Schedules, and 22 Sections, a remarkable tribute to its creators. As I studied its making, two often ignored facts struck me. First, there were 17 feisty women in the CA, including G Durgabai, Sucheta Kriplani, Sarojini Naidu, Vijayalakshmi Pandit, and Kamala Chaudhri. They formed a distinctive voice, and have been referred to as the 'Mothers of the Constitution'. Second, I was surprised at how preponderant the best minds of South India were. For instance, in the six-member drafting committee chaired by Ambedkar, save KM Munshi, the others were south Indian scholars: Alladi Krishnaswamy Iyer, Gopala Swamy Ayyangar, N. Madhava Rao and TT Krishnamachari. The house committee chairman was Pattabhi Sitaramayya. The second vice-president of the CA, elected later, was VT Krishnamachari. And, of course, the Constitutional advisor was BN Rau.
So, next time when political leaders brandish the Constitution, they should be aware of how much pan-Indian thought went into its preparation. Its courageous Preamble represents the soul of a nation, and the entire document our civilisational ethos.
Pavan K Varma is author, diplomat, and former Member of Parliament (Rajya Sabha). The views expressed are personal.
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