Framing the Constitution — the Beginning of a New Era (1946–1950)

The Constitution of India came into effect on 26 January 1950, after nearly three years of debate in the Constituent Assembly — debate held against the background of Partition, communal violence, the integration of the princely states, and deep uncertainty about how a vast and diverse country could be held together. This chapter looks at who made the Constitution, the vision set out in the Objectives Resolution, and the arguments that shaped its key features: the rights of minorities and the question of separate electorates, the powers of the Centre and the states, and the national language. The paper asks for names and dates, and also for the positions members took — and, as the book shows, the Constitution came out of disagreement as much as agreement.

A Tumultuous Time, and the Making of the Constituent Assembly

The years immediately preceding the making of the Constitution were exceptionally turbulent: a time of great hope, but also of disenchantment. The Quit India struggle, the efforts of Subhas Chandra Bose's Indian National Army, the rising of the ratings of the Royal Indian Navy in Bombay and other cities in 1946, and mass protests of workers and peasants had all preceded it; then came the communal riots of 1946–47, and on 15 August 1947 independence was accompanied by Partition. The princely states also had to be integrated into the new nation.

The members of the Constituent Assembly were not elected on the basis of universal franchise. In the winter of 1945–46 provincial elections had been held, and the provincial legislatures then chose the representatives to the Constituent Assembly. The Assembly that came into being was dominated by one party, the Congress, which swept the general seats, while the Muslim League won most of the seats reserved for Muslims. The League chose to boycott the Assembly, pressing its demand for Pakistan with a separate constitution. The Congress itself, however, was a broad body: its members held a wide range of opinions, and the Assembly also included members who were not from the Congress. The discussions were also influenced by the opinions expressed by the public, through newspapers and through criticisms and counter-criticisms in the press.

The Constituent Assembly — key dates
  1. 9 December 1946
    The Constituent Assembly meets for the first time
  2. 13 December 1946
    Jawaharlal Nehru moves the Objectives Resolution
  3. 15 August 1947
    Independence, accompanied by Partition
  4. 26 November 1949
    The Constitution is adopted, after eleven sessions with sittings spread over 165 days
  5. 26 January 1950
    The Constitution comes into effect
The dominant voices
MemberRole
Jawaharlal NehruMoved the Objectives Resolution; also moved the resolution proposing the national flag
Vallabh Bhai PatelWorked mostly behind the scenes, drafting reports and reconciling opposing points of view
Rajendra PrasadPresident of the Assembly, steering the discussion along constructive lines
B. R. AmbedkarChairman of the Drafting Committee; took the Draft Constitution through the Assembly
K. M. Munshi and Alladi Krishnaswamy AiyarLawyers on the Drafting Committee — from Gujarat and Madras respectively
B. N. RauConstitutional Advisor to the Government of India, who prepared background papers on other countries' constitutions
S. N. MukherjeeChief draughtsman, who put complex proposals into clear legal language

The Vision of the Constitution — the Objectives Resolution

On 13 December 1946, Jawaharlal Nehru introduced the Objectives Resolution in the Constituent Assembly. It proclaimed India to be an "Independent Sovereign Republic", guaranteed its citizens justice, equality and freedom, and assured that "adequate safeguards shall be provided for minorities, backward and tribal areas, and Depressed and Other Backward Classes". Introducing it, Nehru placed the Indian project within a longer history of struggles for liberty and freedom, invoking the American and French Revolutions, but argued that India would not merely copy them: the Constitution had to be suited to the people and their aspirations.

ℹ️ "The will of the people" — a critique
The communist member Somnath Lahiri saw the dark hand of British imperialism hanging over the Assembly. He urged members to free themselves from the influence of the British, arguing that the Assembly was working under British plans and that the British cannon was still there — so the freedom the Assembly enjoyed was limited. Nehru answered that the Assembly, though created under the British, drew its authority from the people and from the national movement.

Defining Rights — Separate Electorates, the Depressed Castes and the Adivasis

On 27 August 1947, B. Pocker Bahadur from Madras made a powerful plea for continuing separate electorates, arguing that minorities existed in all lands and that only a political framework in which they had a voice of their own would make them feel secure. Most nationalists opposed him. To them separate electorates were a measure the British had deliberately introduced to divide the people, and they were seen as responsible for the communal politics that had led to Partition. Govind Ballabh Pant argued that separate electorates were not only harmful for the nation but also for the minorities, because they would permanently isolate minorities, make them vulnerable and deprive them of any effective say within the government. By 1949, most Muslim members of the Assembly agreed that separate electorates were against the interests of the minorities, and the Constitution did not provide for them.

  • "We will need much more than this Resolution": N. G. Ranga, a socialist who had been a leader of the peasant movement, urged that the term "minorities" be interpreted in economic terms — the real minorities were the poor and the downtrodden — and that the rights guaranteed by law meant little unless the conditions to enjoy them were created.
  • The Adivasis: Jaipal Singh, speaking for the tribes, argued that they had been marginalised and dispossessed, and needed protection and policies that would bring them into the mainstream — including reservation of seats in the legislature, so that they could make their voices heard.
  • The depressed castes: members of the depressed castes emphasised that the problem of untouchability could not be resolved through protection and safeguards alone; their disabilities were caused by the social norms and moral values of caste society. The Assembly finally recommended that untouchability be abolished, Hindu temples be thrown open to all castes, and seats in legislatures and jobs in government offices be reserved for the lowest castes.
⚠️ Pocker Bahadur for; Pant against
The paper asks which member argued which side. B. Pocker Bahadur pleaded for separate electorates; Govind Ballabh Pant argued they would harm the minorities themselves. N. G. Ranga redefined minorities economically; Somnath Lahiri warned of British influence over the Assembly.

The Powers of the State, and the Language of the Nation

The Draft Constitution provided for three lists of subjects: Union, State and Concurrent. Subjects in the Union list were the preserve of the Centre, those in the State list were vested in the states, and both could legislate on those in the Concurrent list — but many more items were placed under exclusive Union control than in other federations, and more were listed as concurrent too. The Union also had control of minerals and key industries, and Article 356 gave the Centre the power to take over a state administration on the recommendation of the Governor. K. Santhanam from Madras argued that not only the states but also the Centre needed to be strengthened — that an over-burdened Centre would be weak — and that the states should have adequate financial resources rather than depend on the Centre. But the violence of Partition strengthened the case for a strong Centre: Ambedkar had declared that he wanted "a strong and united Centre", much stronger than the one created by the Government of India Act of 1935, and most members agreed.

By the 1930s the Congress had accepted that Hindustani — a blend of Hindi and Urdu, spoken by a large section of the people — ought to be the national language, and Mahatma Gandhi felt that it would be the ideal language of communication between diverse communities. But Hindi and Urdu had been drifting apart, and in the Assembly R. V. Dhulekar, a Congressman from the United Provinces, made an aggressive plea that Hindi be used as the language of constitution-making. The Language Committee of the Assembly produced a compromise: Hindi in the Devanagari script would be the official language, but the transition to Hindi would be gradual, and for the first fifteen years English would continue to be used for all official purposes. Each province was to be allowed to choose one of the regional languages for official work within the province. Members from the south, such as Shrimati G. Durgabai from Madras, warned that the opposition to Hindi in the south was very strong, and that pushing it aggressively would create fears among non-Hindi speakers.

🧠 Official language, not national language
The compromise made Hindi in Devanagari the official language, with English continuing for fifteen years — it did not declare a "national language". The paper offers "Hindi was declared the national language" and "Hindustani in both scripts was adopted" as distractors.

Key takeaways

  • The Constituent Assembly was chosen by the provincial legislatures elected in 1945–46, not by universal franchise; the Muslim League boycotted it.
  • It first met on 9 December 1946, held eleven sessions over 165 days, and the Constitution came into effect on 26 January 1950.
  • Rajendra Prasad presided; Ambedkar chaired the Drafting Committee; B. N. Rau was Constitutional Advisor; S. N. Mukherjee was chief draughtsman.
  • Nehru moved the Objectives Resolution on 13 December 1946, proclaiming an "Independent Sovereign Republic" with safeguards for minorities.
  • B. Pocker Bahadur argued for separate electorates; G. B. Pant argued they would harm minorities; the Constitution did not provide for them.
  • The Constitution has Union, State and Concurrent lists, with a strong Centre; Article 356 lets the Centre take over a state administration.
  • Hindi in Devanagari became the official language, with English continuing for fifteen years and provinces free to choose a regional language.

Practice questions (8)

Attempt each one before opening the answer. Every explanation names the tempting wrong option as well as the right one, because that is where marks are lost.

  1. How were the members of the Constituent Assembly chosen?

    1. By direct elections held on the basis of universal adult franchise in 1946
    2. By nomination by the Viceroy from among nationalist leaders
    3. By the provincial legislatures elected in 1945–46
    4. By the Congress Working Committee alone
    Show answer

    Answer: C — By the provincial legislatures elected in 1945–46

    The provincial elections of the winter of 1945–46 produced legislatures that then chose the representatives to the Constituent Assembly, so its members were not elected by universal franchise. Universal adult franchise was something the Assembly adopted for the future, which is why it tempts as the method of its own election.

  2. Match the member of the Constituent Assembly with his role. A. Rajendra Prasad B. B. R. Ambedkar C. B. N. Rau D. S. N. Mukherjee — 1. Chief draughtsman 2. President of the Assembly 3. Constitutional Advisor to the Government of India 4. Chairman of the Drafting Committee

    1. A-4, B-2, C-3, D-1
    2. A-2, B-4, C-3, D-1
    3. A-2, B-4, C-1, D-3
    4. A-2, B-3, C-4, D-1
    Show answer

    Answer: B — A-2, B-4, C-3, D-1

    Rajendra Prasad was President of the Assembly; Ambedkar chaired the Drafting Committee; B. N. Rau was Constitutional Advisor; S. N. Mukherjee was the chief draughtsman. The commonest confusion is between the two "presidential" roles — Prasad presided over the whole Assembly, Ambedkar over its Drafting Committee.

  3. In the debate on separate electorates, Govind Ballabh Pant argued that they:

    1. Were essential to give minorities a voice of their own
    2. Should be extended to the depressed castes and the tribes
    3. Should be retained for ten years and then reviewed
    4. Would harm the minorities themselves by isolating them permanently
    Show answer

    Answer: D — Would harm the minorities themselves by isolating them permanently

    Pant argued that separate electorates were harmful not only to the nation but to the minorities themselves, isolating them and denying them effective influence in government. The "voice of their own" option is the position of B. Pocker Bahadur, who made the plea for separate electorates on 27 August 1947 — the paper builds this item around reversing the two speakers.

  4. The language compromise produced by the Language Committee of the Constituent Assembly provided that:

    1. Hindustani, written in both the Devanagari and the Persian scripts, would be adopted as the national language of India
    2. Hindi in Devanagari would be the official language, with English continuing for official purposes for fifteen years
    3. English would be the sole official language permanently
    4. Each province would use Hindi for all official work from 1950
    Show answer

    Answer: B — Hindi in Devanagari would be the official language, with English continuing for official purposes for fifteen years

    The compromise made Hindi in the Devanagari script the official language, with a gradual transition and English used for official purposes for the first fifteen years; provinces could choose a regional language for their own work. Hindustani in two scripts was Gandhi's preference, which is why that option is tempting, but the Assembly did not adopt it.

  5. Assertion (A): The Constitution that emerged in 1949 created a strong Centre. Reason (R): The violence of Partition convinced most members that a strong Centre was needed to hold the country together.

    1. Both A and R are true, and R is the correct explanation of A
    2. Both A and R are true, but R is not the correct explanation of A
    3. A is true, but R is false
    4. A is false, but R is true
    Show answer

    Answer: A — Both A and R are true, and R is the correct explanation of A

    The Union list was long, many items were concurrent, and Article 356 let the Centre take over a state — and the book links this directly to the violence of Partition, which made a strong Centre seem necessary to most members. R explains A. Arguments for the states, such as K. Santhanam's, were heard but did not prevail, so they do not make R false.

  6. Arrange in chronological order: (A) The Constitution comes into effect (B) The Objectives Resolution is moved (C) B. Pocker Bahadur pleads for separate electorates (D) The Constituent Assembly meets for the first time

    1. D, C, B, A
    2. B, D, C, A
    3. D, B, A, C
    4. D, B, C, A
    Show answer

    Answer: D — D, B, C, A

    The Assembly first met on 9 December 1946, Nehru moved the Objectives Resolution on 13 December 1946, Pocker Bahadur spoke on 27 August 1947, and the Constitution came into effect on 26 January 1950. The Resolution came four days after the first sitting, not before it — the Assembly had to exist before anything could be moved in it.

  7. N. G. Ranga, a socialist and peasant leader, argued in the Constituent Assembly that the term "minorities" should be understood:

    1. Only in terms of religion
    2. In terms of language and region
    3. In economic terms — the real minorities being the poor and the downtrodden
    4. As the princes and landlords who had lost power
    Show answer

    Answer: C — In economic terms — the real minorities being the poor and the downtrodden

    Ranga urged that minorities be interpreted economically: the real minorities were the poor and downtrodden, and legal rights meant little without the conditions to enjoy them. Religion was the frame of the separate-electorates debate, which is why it is the tempting answer, but Ranga's point was precisely to move beyond it.

  8. The Objectives Resolution moved by Jawaharlal Nehru on 13 December 1946 did NOT:

    1. Proclaim India an "Independent Sovereign Republic"
    2. Guarantee citizens justice, equality and freedom
    3. Provide for separate electorates for religious minorities
    4. Promise adequate safeguards for minorities, backward and tribal areas
    Show answer

    Answer: C — Provide for separate electorates for religious minorities

    The Resolution proclaimed a sovereign republic, guaranteed justice, equality and freedom, and promised safeguards for minorities and backward and tribal areas — but it did not provide for separate electorates, which most nationalists opposed and the Constitution left out. "Safeguards for minorities" is easily misread as separate electorates, and that is the trap.