Life story · Chapter 9 of 13

1946–1950

Making the Constitution

Chairman of the Drafting Committee and the Constitution's chief defender

Ambedkar, Chairman of the Drafting Committee, presenting the final draft of the Constitution to Rajendra Prasad, President of the Constituent Assembly, on 25 November 1949.
Ambedkar, Chairman of the Drafting Committee, presenting the final draft of the Constitution to Rajendra Prasad, President of the Constituent Assembly, on 25 November 1949. — Photo: Unknown author · Public domain (PD-India) · Wikimedia Commons

In December 1946 a group of Indians sat down in New Delhi to write the rules for a free country. Three years later they had produced one of the longest constitutions in the world. Dr. Ambedkar was at the centre of this work. He led the small committee that turned the Assembly’s decisions into legal text, and he explained and defended that text in the Assembly, article by article.

A constitution is the “rule book” of a country. It says who makes laws, how leaders are chosen, and which rights no government can take away. This chapter tells how Babasaheb helped write India’s rule book, what he fought for, and who made the beautiful handwritten copy that people see in pictures.

A new assembly for a new country

The Constituent Assembly met for the first time on 9 December 1946, in the Constitution Hall in New Delhi 1. Its members had been elected by the provincial assemblies, not directly by the people 2. Dr. Ambedkar signed the register that day as a member from Bengal 1.

He had not been able to win a seat from Bombay because the Congress opposed him. He was elected instead by the Bengal Assembly, with the support of Jogendranath Mandal and other Scheduled Caste members 2. “Scheduled Castes” was the legal name for communities that the caste system had treated as “untouchable”.

His first speech came on 17 December 1946. He criticised the Objectives Resolution, the Assembly’s statement of aims, for listing rights without any way to enforce them 3. Then he said something hopeful:

“I know today we are divided politically, socially and economically. We are a group of warring camps and I may go even to the extent of confessing that I am probably one of the leaders of such a camp. But, Sir, with all this, I am quite convinced that given time and circumstances nothing in the world will prevent this country from becoming one.”

— Dr. B. R. Ambedkar, Constituent Assembly, 17 December 1946 4 5

The Objectives Resolution was adopted on 22 January 1947, with all members standing 6. In 1947 he also served on the committees on fundamental rights and minorities. For them he wrote a detailed memorandum, later published as States and Minorities 7.

Members at the Constituent Assembly of India in December 1946. In the first row from left: B. R. Ambedkar, B. G. Kher, Vallabhbhai Patel and K. M. Munshi. (Commons describes it as the first day and dates it 11 December 1946; the Assembly first met on 9 December.)
Members at the Constituent Assembly of India in December 1946. In the first row from left: B. R. Ambedkar, B. G. Kher, Vallabhbhai Patel and K. M. Munshi. (Commons describes it as the first day and dates it 11 December 1946; the Assembly first met on 9 December.)Photo: Unknown author · Public domain (PD-India) · Wikimedia Commons

Losing his seat, and being asked back

In 1947 India was divided and Bengal was split. Because of this, Dr. Ambedkar lost his place in the Assembly 7.

The Assembly’s leaders did not want to lose him. On 30 June 1947 its President, Dr. Rajendra Prasad, wrote to B. G. Kher, the head of the Bombay government. He said Dr. Ambedkar’s work was “of such an order as to require that we should not be deprived of his services”, and asked that he be elected at once 7. He was elected from Bombay and took his seat again on 14 July 1947 8.

On 15 August 1947, the day India became independent, he joined Jawaharlal Nehru’s first cabinet as Law Minister 9. For the next two years he did two big jobs at the same time: running the Law Ministry and leading the drafting of the Constitution.

The Drafting Committee

On 29 August 1947 the Assembly appointed a Drafting Committee of seven members. They were Alladi Krishnaswami Ayyar, N. Gopalaswami Ayyangar, Dr. B. R. Ambedkar, K. M. Munshi, Saiyid Mohd. Saadulla, Sir B. L. Mitter and D. P. Khaitan 10. Its job was to study a first draft prepared in the Assembly’s office and suggest changes 10.

The committee held its first meeting on 30 August 1947, and its members chose Dr. Ambedkar as their Chairman. He later said he was “more than surprised when the Drafting Committee elected me to be its Chairman” 11 12.

The committee did not start from a blank page. The Assembly’s Constitutional Adviser, Sir B. N. Rau, had prepared a draft of 243 articles. The committee sat for 141 days to turn it into the Draft Constitution 11.

The membership changed over time. D. P. Khaitan died in 1948 13. N. Madhava Rau was working as a member by late 1948, in place of B. L. Mitter 14. T. T. Krishnamachari also joined the committee later 15 16.

The Drafting Committee of the Constitution, 29 August 1947. Seated from left: N. Madhava Rao, Syed Muhammad Saadulla, B. R. Ambedkar (Chairman), Alladi Krishnaswamy Iyer and Sir B. N. Rau. Standing from left: S. N. Mukherjee, Jugal Kishore Khanna and Kewal Krishnan.
The Drafting Committee of the Constitution, 29 August 1947. Seated from left: N. Madhava Rao, Syed Muhammad Saadulla, B. R. Ambedkar (Chairman), Alladi Krishnaswamy Iyer and Sir B. N. Rau. Standing from left: S. N. Mukherjee, Jugal Kishore Khanna and Kewal Krishnan.Photo: Unknown author · Public domain (PD-India) · Wikimedia Commons

The Draft Constitution of February 1948

On 21 February 1948 Dr. Ambedkar sent the finished Draft to the Assembly’s President with a covering letter. The letter honestly noted that “not all the members were present at all the meetings of the Committee” 17. The Draft was printed in the Gazette of India on 26 February 1948 so that everyone could read it 17.

It had 315 articles and 8 Schedules 13. It went to provincial governments, courts and the public for comments 18. The committee added the word “fraternity”, meaning brotherhood and sisterhood among all Indians, to the Preamble. It explained that “the need for fraternal concord and goodwill in India was never greater than now” 19.

Introducing the Draft: 4 November 1948

On 4 November 1948 Dr. Ambedkar rose and said: “Mr. President, Sir, I introduce the Draft Constitution as settled by the Drafting Committee and move that it be taken into consideration” 13.

In a long speech he explained the main ideas. India would have a parliamentary system, where the government answers to the elected legislature 20. He said democracy needs “constitutional morality”, meaning respect for the rules even by people who disagree. He warned that “Constitutional morality is not a natural sentiment. It has to be cultivated” 13 21.

He also said he was glad that the Draft took the individual, not the village, as its basic unit. Some members strongly disagreed with his harsh words about villages 22. He ended:

“I feel that it is workable, it is flexible and it is strong enough to hold the country together both in peace time and in war time. Indeed, if I may say so, if things go wrong under the new Constitution, the reason will not be that we had a bad Constitution. What we will have to say is, that Man was vile.”

— Dr. B. R. Ambedkar, Constituent Assembly, 4 November 1948 13 23

From 15 November 1948 to 17 October 1949 the Assembly went through the Draft clause by clause 24. About 7,635 amendments were proposed and 2,473 were actually moved 11. As Chairman, Dr. Ambedkar had to defend the Draft and spoke in nearly every debate 25.

A meeting of the Constituent Assembly of India in 1950; Ambedkar can be seen seated at top right.
A meeting of the Constituent Assembly of India in 1950; Ambedkar can be seen seated at top right.Photo: Unknown author · Public domain (PD-India) · Wikimedia Commons

What he fought for

Ending untouchability. Draft article 11 said: “‘Untouchability’ is abolished and its practice in any form is forbidden”, and made enforcing it a punishable offence 26. The Assembly adopted it on 29 November 1948, and members shouted “Mahatma Gandhi ki Jai” 27. It is now Article 17 28.

Fair chances in government jobs. On 30 November 1948 he explained the clause that is now Article 16. It promised equal opportunity for all, but allowed reserved posts for “backward” groups that had been shut out. He said reservations “must be confined to a minority of seats”, or the exception would “eat up the rule altogether” 29 30.

A way to enforce rights. For him, a right on paper meant little unless a citizen could go to court to protect it. On 9 December 1948 he spoke about draft article 25, which became Article 32. It lets anyone go straight to the Supreme Court if their fundamental rights are violated:

“If I was asked to name any particular article in this Constitution as the most important–an article without which this Constitution would be a nullity–I could not refer to any other article except this one. It is the very soul of the Constitution and the very heart of it and I am glad that the House has realised its importance.”

— Dr. B. R. Ambedkar, Constituent Assembly, 9 December 1948 14 31

In the same speech he said: “It is the remedy that makes a right real.” Without a remedy, he explained, a right is only a “pious” wish 14 32.

Safeguards for Scheduled Castes and Scheduled Tribes. The final Constitution reserved seats in Parliament and state assemblies for Scheduled Castes and Scheduled Tribes (Articles 330 and 332). Article 335 says their claims to government posts must be considered. Articles 341 and 342 let the President list these communities 33. Article 340 provides for a commission to study backward classes 34. He later said he had come into the Assembly “with no greater aspiration than to safeguard the interests of the Scheduled Castes” 12.

Directive Principles. Part IV of the Constitution lists goals that governments must work towards. Courts cannot enforce them, but they are “fundamental in the governance of the country” 35. On 22 November 1948 he explained that they set “economic democracy” as the ideal. Governments must “strive” for it even “under hard and unpropitious circumstances” 36. Article 46 asks the State to promote “with special care” the education and economic interests of weaker sections, especially Scheduled Castes and Scheduled Tribes 37.

What other members said

On 5 November 1948, T. T. Krishnamachari explained why so much work had fallen on one man:

“The House is perhaps aware that of the seven members nominated by you, one had resigned from the House and was replaced. One died and was not replaced. One was away in America and his place was not filled up and another person was engaged in State affairs, and there was a void to that extent. One or two people were far away from Delhi and perhaps reasons of health did not permit them to attend. So it happened ultimately that the burden of drafting this constitution fell on Dr. Ambedkar and I have no doubt that we are grateful to him for having achieved this task in a manner which is undoubtedly commendable.”

— T. T. Krishnamachari, Constituent Assembly, 5 November 1948 38 39

It is fair to know the context. In the same speech he complained that the committee as a whole had not given the Draft enough attention. His praise of Dr. Ambedkar came inside that complaint 38.

On 26 November 1949 Dr. Rajendra Prasad said the Assembly “could never make a decision which was or could be ever so right as when we put him on the Drafting Committee and made him its Chairman” 40 41.

Dr. Ambedkar himself shared the credit. “The credit that is given to me does not really belong to me,” he said. He thanked B. N. Rau, the other committee members, the Chief Draftsman S. N. Mukherjee and his staff, and even the “rebels” who argued with him 11 12.

The Preamble page of the original hand-written Constitution of India, calligraphed by Prem Behari Narain Raizada and illuminated by Beohar Rammanohar Sinha.
The Preamble page of the original hand-written Constitution of India, calligraphed by Prem Behari Narain Raizada and illuminated by Beohar Rammanohar Sinha.Photo: Prem Behari Narain Raizada (calligraphy) and Beohar Rammanohar Sinha (illumination) · Public domain (PD-India) · Wikimedia Commons

The final speech and its three warnings

On 25 November 1949, the day before the vote, Dr. Ambedkar gave his closing speech 11. He said a good constitution can turn out bad if the people working it “happen to be a bad lot”. Then he named three things India must do to keep democracy “not merely in form, but also in fact” 42:

  1. Use only constitutional methods. Once lawful ways are open, people must give up violent revolution and even civil disobedience. “These methods are nothing but the Grammar of Anarchy and the sooner they are abandoned, the better for us.” 11
  2. Do not worship heroes. Citizens must not “lay their liberties at the feet of even a great man”. “In politics, Bhakti or hero-worship is a sure road to degradation and to eventual dictatorship.” 11
  3. Build social democracy. “We must make our political democracy a social democracy as well.” That means a way of life based on liberty, equality and fraternity. 11

He warned that on 26 January 1950 India would “enter into a life of contradictions”. Every adult would have one vote of equal value, but society and the economy would still be deeply unequal 43. He ended:

“By independence, we have lost the excuse of blaming the British for anything going wrong. If hereafter things go wrong, we will have nobody to blame except ourselves.”

— Dr. B. R. Ambedkar, Constituent Assembly, 25 November 1949 11 44

Adoption, signing and the new Republic

On 26 November 1949 the Assembly voted on Dr. Ambedkar’s motion “That the Constitution as settled by the Assembly be passed”. It was adopted with “prolonged cheers”, and the President signed it 40. A few parts, such as those on citizenship and elections, began at once. The rest began on 26 January 1950 45.

On 24 January 1950 the members met one last time to sign. Dr. Prasad said there were three copies: one in English “completely hand-written and illuminated by artists”, one printed in English, and one hand-written in Hindi. Nehru signed first and Prasad last 46. Two days later, on 26 January 1950, the Constitution came fully into force and India became a republic 45.

The decorated title page of the original calligraphed and illuminated Constitution of India.
The decorated title page of the original calligraphed and illuminated Constitution of India.Photo: Constituent Assembly of India · Public domain (PD-India, EdictGov-India) · Wikimedia Commons

Who wrote the beautiful handwritten copy?

Many people believe that Babasaheb wrote the famous handwritten copy with his own pen. He did not. But the belief comes from something true: as Chairman of the Drafting Committee and the man who piloted it through the Assembly, he was the principal architect of the Constitution’s words 15.

The handwriting was the work of calligraphers, artists who write beautiful letters by hand. The English original was calligraphed by Prem Behari Narain Raizada. The Hindi original was calligraphed by Vasant Krishna Vaidya 47 48. The pages were decorated by the artist Nandalal Bose and his team from Kala Bhavana, Santiniketan 48. Their pictures trace India’s story from Mohenjo-daro to the freedom movement 47. The decorated Preamble page is credited to Beohar Rammanohar Sinha, an artist in Nandalal Bose’s team 49 50.

The English original has 221 sheets of hand-made parchment and weighs about 13 kg. The Hindi original has 252 sheets. Both are kept in the Parliament Library in New Delhi 47. Since March 1994 they have rested in sealed glass cases filled with nitrogen gas, which protects the paper 51. The Survey of India in Dehra Dun later printed 1,000 copies of the decorated edition by photolithography, a photographic printing method 52.

Constitution Day

Since 2015 India has celebrated 26 November, the day the Constitution was adopted, as Constitution Day, or Samvidhan Divas. The government chose to start it in Dr. Ambedkar’s 125th birth-anniversary year as a tribute to him 53. You can read the Constitution as it stands today, in English and Hindi, on the Legislative Department’s website 54.

The first page of members' signatures in the original calligraphed Constitution of India, headed by Rajendra Prasad's signature and followed by Jawaharlal Nehru's and others.
The first page of members' signatures in the original calligraphed Constitution of India, headed by Rajendra Prasad's signature and followed by Jawaharlal Nehru's and others.Photo: Constituent Assembly of India · Public domain (PD-India, EdictGov-India) · Wikimedia Commons

Looking back

In later years Dr. Ambedkar grew frustrated with how the Constitution was being used. In the Council of States (today’s Rajya Sabha) in 1953 he even called himself “a hack” and said he would be “the first person to burn it out” 55. In 1955 he explained what he meant: “We built a temple for a god to come in and reside, but before the god could be installed, if the devil had taken possession of it, what else could we do except destroy the temple?” 56. His worry was about the people working the Constitution, the same worry he raised on 25 November 1949.

Where sources disagree

  • Who made him Chairman. Dr. Ambedkar said the Drafting Committee elected him 11. The BAWS editor writes that the Assembly elected him Chairman on 29 August 1947 9. The resolution of 29 August lists the members but names no chairman.
  • Nitrogen or helium? The scientists who built and test the cases say nitrogen 51. A PIB magazine and many websites say helium 48. We follow the laboratory.
  • Size of the English original. CSIR-NPL says 221 sheets and about 13 kg 47. Popular articles say 251 pages 49.
  • The Hindi calligrapher’s name is spelled Vasant Krishna Vaidya by the PIB’s magazine 48, Basantrao Vaidya by CSIR-NPL 47, and Vasant Krishan Vaidya in many popular sources. They are the same person.
  • Raizada’s dates and payment. An auction catalogue says he worked from 28 November 1949 to April 1950 for a token Rs 4,000 50. Popular accounts say he took no fee 49. The Assembly record shows the English copy was complete and signed on 24 January 1950 46.
  • “Heart and soul”. This popular phrase is a short form. His exact words were “the very soul of the Constitution and the very heart of it” 14.
  • How long it took. Dr. Ambedkar counted “two years, eleven months and seventeen days” up to 25 November 1949; many sources say 18 days, counting to 26 November 11.

Read more

Sources

  1. Constituent Assembly Debates, 9 Dec 1946 constitutionofindia.net ↗ ↩
  2. BAWS Vol. 13, p. 5 Read this page on the site · Official PDF ↗ ↩
  3. BAWS Vol. 13, p. 8 Read this page on the site · Official PDF ↗ ↩
  4. Constituent Assembly Debates, Vol. I constitutionofindia.net ↗ ↩
  5. BAWS Vol. 13, p. 9 Read this page on the site · Official PDF ↗ ↩
  6. Constituent Assembly Debates, 22 Jan 1947 constitutionofindia.net ↗ ↩
  7. BAWS Vol. 13, p. 25 Read this page on the site · Official PDF ↗ ↩
  8. Constituent Assembly Debates, 14 Jul 1947 constitutionofindia.net ↗ ↩
  9. BAWS Vol. 13, p. 26 Read this page on the site · Official PDF ↗ ↩
  10. Constituent Assembly Debates, 29 Aug 1947 constitutionofindia.net ↗ ↩
  11. Constituent Assembly Debates, 25 Nov 1949 constitutionofindia.net ↗ ↩
  12. BAWS Vol. 13, p. 1208 Read this page on the site · Official PDF ↗ ↩
  13. Constituent Assembly Debates, 4 Nov 1948 constitutionofindia.net ↗ ↩
  14. Constituent Assembly Debates, 9 Dec 1948 constitutionofindia.net ↗ ↩
  15. BAWS Vol. 13, Foreword, p. v Read this page on the site · Official PDF ↗ ↩
  16. constitutionofindia.net – T. T. Krishnamachari constitutionofindia.net ↗ ↩
  17. BAWS Vol. 13, p. 95 Read this page on the site · Official PDF ↗ ↩
  18. constitutionofindia.net – Draft Constitution 1948 constitutionofindia.net ↗ ↩
  19. BAWS Vol. 13, p. 96 Read this page on the site · Official PDF ↗ ↩
  20. BAWS Vol. 13, p. 50 Read this page on the site · Official PDF ↗ ↩
  21. BAWS Vol. 13, p. 61 Read this page on the site · Official PDF ↗ ↩
  22. BAWS Vol. 13, pp. 62 and 87 Read this page on the site · Official PDF ↗ ↩
  23. BAWS Vol. 13, p. 70 Read this page on the site · Official PDF ↗ ↩
  24. BAWS Vol. 13, pp. 47–48 Read this page on the site · Official PDF ↗ ↩
  25. constitutionofindia.net – B. R. Ambedkar constitutionofindia.net ↗ ↩
  26. BAWS Vol. 13, p. 110 Read this page on the site · Official PDF ↗ ↩
  27. Constituent Assembly Debates, 29 Nov 1948 constitutionofindia.net ↗ ↩
  28. Constitution of India, Art. 17 legislative.gov.in ↗ ↩
  29. Constituent Assembly Debates, 30 Nov 1948 constitutionofindia.net ↗ ↩
  30. BAWS Vol. 13, p. 393 Read this page on the site · Official PDF ↗ ↩
  31. BAWS Vol. 13, p. 440 Read this page on the site · Official PDF ↗ ↩
  32. BAWS Vol. 13, p. 441 Read this page on the site · Official PDF ↗ ↩
  33. Constitution of India, Arts. 330–342 legislative.gov.in ↗ ↩
  34. Constitution of India, Art. 340 legislative.gov.in ↗ ↩
  35. Constitution of India, Art. 37 legislative.gov.in ↗ ↩
  36. BAWS Vol. 13, pp. 351–352 Read this page on the site · Official PDF ↗ ↩
  37. Constitution of India, Art. 46 legislative.gov.in ↗ ↩
  38. Constituent Assembly Debates, Vol. VII constitutionofindia.net ↗ ↩
  39. BAWS Vol. 13, p. 72 Read this page on the site · Official PDF ↗ ↩
  40. Constituent Assembly Debates, 26 Nov 1949 constitutionofindia.net ↗ ↩
  41. BAWS Vol. 13, p. 1219 Read this page on the site · Official PDF ↗ ↩
  42. BAWS Vol. 13, pp. 1215–1216 Read this page on the site · Official PDF ↗ ↩
  43. BAWS Vol. 13, p. 1216 Read this page on the site · Official PDF ↗ ↩
  44. BAWS Vol. 13, p. 1218 Read this page on the site · Official PDF ↗ ↩
  45. Constitution of India, Art. 394 legislative.gov.in ↗ ↩
  46. Constituent Assembly Debates, 24 Jan 1950 constitutionofindia.net ↗ ↩
  47. CSIR-NPL, Current Science, 2018 currentscience.ac.in ↗ ↩
  48. New India Samachar (PIB), p. 12 newindiasamachar.pib.gov.in ↗ ↩
  49. LiveHistoryIndia livehistoryindia.com ↗ ↩
  50. Saffronart catalogue note saffronart.com ↗ ↩
  51. CSIR-National Physical Laboratory npl.csircentral.net ↗ ↩
  52. Survey of India surveyofindia.gov.in ↗ ↩
  53. New India Samachar (PIB), p. 8 newindiasamachar.pib.gov.in ↗ ↩
  54. Legislative Department – Constitution of India legislative.gov.in ↗ ↩
  55. BAWS Vol. 15, pp. 860–862 Read this page on the site · Official PDF ↗ ↩
  56. BAWS Vol. 15, p. 949 Read this page on the site · Official PDF ↗ ↩

Key dates in this chapter

  1. Constituent Assembly meets for the first time; Dr. Ambedkar signs the register as a member from Bengal source
  2. First speech in the Assembly: 'nothing in the world will prevent this country from becoming one' source
  3. Objectives Resolution adopted, all members standing source
  4. Rajendra Prasad asks Bombay's Premier B. G. Kher to elect Dr. Ambedkar again Writings & Speeches
  5. Takes his seat again, now as a member from Bombay source
  6. Joins independent India's first cabinet as Law Minister Writings & Speeches
  7. Assembly appoints the seven-member Drafting Committee source
  8. Drafting Committee holds its first meeting source
  9. Sends the Draft Constitution to the Assembly's President with a covering letter Writings & Speeches
  10. Draft Constitution published in the Gazette of India for public comment Writings & Speeches
  11. Introduces the Draft Constitution in the Assembly source
  12. T. T. Krishnamachari says the burden of drafting 'fell on Dr. Ambedkar' source
  13. Draft article 11 abolishing untouchability (now Article 17) is adopted source
  14. Calls draft article 25 (now Article 32) 'the very soul of the Constitution and the very heart of it' source
  15. Preamble adopted; clause-by-clause reading ends source
  16. Closing speech with three warnings for Indian democracy source
  17. Constitution adopted by the Constituent Assembly source
  18. Members sign the handwritten English and Hindi copies source
  19. Constitution comes into force; India becomes a republic source
  20. Government decides to celebrate 26 November every year as Constitution Day source
See the full timeline →
Cite this page

“Making the Constitution: Chairman of the Drafting Committee and the Constitution's chief defender.” Prabuddha Pathak — Dr. B. R. Ambedkar, in his own words, prabuddhapathak.com. https://prabuddhapathak.com/life/constitution/

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