Framing the Constitution Class 12 History Notes | Chapter 12 | NCERT

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The Big Picture

1. A Dramatic Opening

• The Constituent Assembly began work in December 1946, even before independence.
• On the night of 14–15 August 1947, Nehru spoke of India’s “tryst with destiny” to the Assembly.
• At the same time, Partition caused terrible violence; Gandhi spent the day of independence in Calcutta, working for peace and fasting.
• The Constitution had to be written by a divided country and for a diverse people.

2. The Making of the Constituent Assembly

How members were chosen

• Under the Cabinet Mission plan (1946), members were elected by the provincial assemblies, which had been chosen by a limited electorate (only a minority of adults could vote).
• The original strength was 389: members from British Indian provinces and from the princely states.
• The Muslim League boycotted the Assembly, as it wanted a separate Pakistan.
• After Partition the Assembly had 299 members.
• About 82% belonged to the Congress.

Was it a “one-party show”?

• Congress dominated, but it contained many views: socialists, conservatives, liberals and traditionalists.
• Members of many communities took part, including Muslims, Christians, Dalits, tribals and 15 women.
• Debates were reported in the press and the public sent comments; this encouraged discussion.
• Limits: indirect election; not all voices equally represented.

Key figures

Person	Role
Sachchidananda Sinha	Oldest member; interim president at the first meeting
Rajendra Prasad	President of the Constituent Assembly
B. R. Ambedkar	Chairman of the Drafting Committee
B. N. Rau	Constitutional adviser; prepared background papers
Jawaharlal Nehru	Moved the Objective Resolution; led debates
Vallabhbhai Patel	Led work on minority rights and the integration of states
Maulana Azad, K. M. Munshi, G. B. Pant, Alladi Krishnaswami Ayyar, Gopalaswami Ayyangar	Important members and committee voices
Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh, Dakshayani Velayudhan	Women members
Jaipal Singh Munda	Spoke for tribal people

How the work was done

• The Assembly worked through committees and then debated each part.
• It met in about 11 sessions over nearly three years, with 165 sittings.
• The Drafting Committee (set up in August 1947) prepared the draft, which was introduced in November 1948 and debated clause by clause.

3. The Objective Resolution

• Moved by Nehru on 13 December 1946; adopted on 22 January 1947.
• It declared India an independent sovereign republic.
• Ideals: justice, equality and freedom for all; safeguards for minorities, backward and tribal areas; all power derives from the people.
• It set the direction for the Preamble and the Constitution.
• Nehru said the Assembly’s task was to give shape to the hopes of ordinary people, including ending poverty and inequality.
• The Preamble of 1950 described India as a Sovereign Democratic Republic (the words Socialist and Secular were added in 1976).

4. Rights, Minorities and Social Justice

Separate electorates

• Under colonial rule, minorities had separate electorates, which many saw as having deepened divisions.
• After Partition, most members thought separate electorates would isolate minorities and harm national unity.
• G. B. Pant and others argued that minorities’ safety lay in being part of the whole political community; some Muslim members also opposed separate electorates.
• By 1949 the Assembly rejected separate electorates.

Dalits

• Dalit members such as J. Nagappa and K. J. Khandekar spoke of centuries of oppression and asked for representation and protection.
• The Constitution abolished untouchability (Article 17) and provided reserved seats in legislatures and other safeguards.
• Ambedkar linked Dalit rights to a deeper social change.

Tribals

• Jaipal Singh Munda said tribals had been exploited and pushed out of their lands; he asked for real protection and a share in decisions.
• This led to special provisions for Scheduled Tribes and tribal areas.

Rights and property

• Fundamental Rights protect liberty and equality; Directive Principles guide the state to aim at social and economic justice.
• The right to property was debated, balancing private property with social justice; it was a fundamental right at first, and was later changed (1978).

5. The Centre and the States

The debate

• After Partition, many members felt India needed a strong Centre to prevent breakup and manage planning.
• Nehru and Gopalaswami Ayyangar supported a strong Centre.
• K. Santhanam and others from the states argued that states needed more powers and resources, and that excessive centralisation would weaken them.
• Ambedkar defended a Union of States: India is a federation that cannot be broken up by states.

What the Constitution did

• Powers were divided into three lists (the original lists had 97 Union, 66 State and 47 Concurrent subjects).
• Residuary powers (not named in any list) went to the Centre.
• Emergency provisions gave the Centre extra powers in a crisis.

6. The Language of the Nation

The debate

• Gandhi and many Congress leaders favoured Hindustani, a mix of Hindi and Urdu, understood by ordinary people.
• Some members, such as R. V. Dhulekar, pressed for Hindi, even insisting it should be the language of constitution-making.
• Members from southern states and Bengal feared domination by Hindi and defended their own languages and English.
• Supporters of Hindi also disagreed about whether it should be Sanskritised.

The compromise

• The Munshi–Ayyangar formula (1949) proposed that Hindi in the Devanagari script be the official language of the Union.
• English would continue for official purposes for 15 years.
• Other major languages were recognised in a schedule; states could choose their own official languages.
• Hindi was called the official language, not the national language.

7. Ambedkar’s Closing Speech and the Final Text

• On 25 November 1949 Ambedkar warned of three dangers:
  • using unconstitutional methods now that constitutional ones were available
  • hero worship in politics, which could harm democracy
  • a gap between political equality (one person, one vote) and social and economic inequality; democracy had to become social, not only political.
• The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950, now celebrated as Republic Day.
• The original Constitution had 395 articles, 22 parts and 8 schedules.

8. What the Debates Reveal

• Competing ideas: unity versus diversity, rights versus order, Centre versus states.
• Partition’s shadow: fear of disunity shaped decisions on a strong Centre and separate electorates.
• Compromise: many articles came from give-and-take, such as on language.
• Voices of the excluded: Dalit, tribal and women members raised issues of justice.
• Limits: the Assembly was not directly elected and some groups were absent.

9. Sources

Source	What it tells us
Constituent Assembly Debates	Arguments, speakers and positions
Draft Constitution and reports	How ideas changed
Newspapers	Public reaction
Leaders’ letters and writings	Private views and aims

10. Important Terms

Term	Meaning
Constituent Assembly	Body that framed the Constitution
Objective Resolution	Statement of aims moved by Nehru in 1946
Drafting Committee	Committee chaired by Ambedkar that prepared the draft
Separate electorate	Voting only by members of one’s own community for reserved seats
Union List / State List / Concurrent List	Lists dividing legislative powers
Residuary powers	Powers not listed anywhere
Hindustani	Mix of Hindi and Urdu favoured by Gandhi
Munshi–Ayyangar formula	Compromise on Hindi and English
Preamble	Introduction stating the Constitution’s aims

11. Ten Fast Facts

1. The Constituent Assembly first met on 9 December 1946.
2. Rajendra Prasad was its President.
3. Ambedkar chaired the Drafting Committee.
4. Nehru moved the Objective Resolution on 13 December 1946.
5. The Muslim League boycotted the Assembly.
6. After Partition the Assembly had 299 members.
7. Separate electorates were rejected.
8. The Constitution adopted three lists of powers.
9. Hindi was made the official language, with English for 15 years.
10. The Constitution came into force on 26 January 1950.

12. Points Often Confused

• Adopted (26 Nov 1949) vs in force (26 Jan 1950).
• Rajendra Prasad (Assembly president) vs Ambedkar (Drafting Committee chair).
• Official language vs national language: Hindi is the official language of the Union; the Constitution names no national language.
• Objective Resolution (1946–47) came before independence; the Preamble reflects it.
• Gandhi favoured Hindustani, not Sanskritised Hindi.
• The Assembly was indirectly elected, not chosen by universal suffrage.

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