Making the Constitution

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 Constituent Assembly Debates, 9 Dec 1946. Its members had been elected by the provincial assemblies, not directly by the people BAWS Vol. 13, p. 5. Dr. Ambedkar signed the register that day as a member from Bengal Constituent Assembly Debates, 9 Dec 1946.

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 BAWS Vol. 13, p. 5 (editor’s note). “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 BAWS Vol. 13, p. 8. 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 Constituent Assembly Debates, Vol. I BAWS Vol. 13, p. 9

The Objectives Resolution was adopted on 22 January 1947, with all members standing Constituent Assembly Debates, 22 Jan 1947. 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 BAWS Vol. 13, p. 25.

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 BAWS Vol. 13, p. 25.

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 BAWS Vol. 13, pp. 25–26. He was elected from Bombay and took his seat again on 14 July 1947 Constituent Assembly Debates, 14 Jul 1947.

On 15 August 1947, the day India became independent, he joined Jawaharlal Nehru’s first cabinet as Law Minister BAWS Vol. 13, p. 26. 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 Constituent Assembly Debates, 29 Aug 1947. Its job was to study a first draft prepared in the Assembly’s office and suggest changes Constituent Assembly Debates, 29 Aug 1947.

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” Constituent Assembly Debates, 25 Nov 1949 BAWS Vol. 13, p. 1208.

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 Constituent Assembly Debates, 25 Nov 1949.

The membership changed over time. D. P. Khaitan died in 1948 Constituent Assembly Debates, 4 Nov 1948. N. Madhava Rau was working as a member by late 1948, in place of B. L. Mitter Constituent Assembly Debates, 9 Dec 1948. T. T. Krishnamachari also joined the committee later BAWS Vol. 13, Foreword, p. v constitutionofindia.net – T. T. Krishnamachari.

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” BAWS Vol. 13, p. 95. The Draft was printed in the Gazette of India on 26 February 1948 so that everyone could read it BAWS Vol. 13, p. 95.

It had 315 articles and 8 Schedules Constituent Assembly Debates, 4 Nov 1948. It went to provincial governments, courts and the public for comments constitutionofindia.net – Draft Constitution 1948. 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” BAWS Vol. 13, p. 96.

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” Constituent Assembly Debates, 4 Nov 1948.

In a long speech he explained the main ideas. India would have a parliamentary system, where the government answers to the elected legislature BAWS Vol. 13, p. 50. 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” Constituent Assembly Debates, 4 Nov 1948 BAWS Vol. 13, p. 61.

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 BAWS Vol. 13, pp. 62 and 87. 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 Constituent Assembly Debates, Vol. VII BAWS Vol. 13, p. 70

From 15 November 1948 to 17 October 1949 the Assembly went through the Draft clause by clause BAWS Vol. 13, pp. 47–48. About 7,635 amendments were proposed and 2,473 were actually moved Constituent Assembly Debates, 25 Nov 1949. As Chairman, Dr. Ambedkar had to defend the Draft and spoke in nearly every debate constitutionofindia.net – B. R. Ambedkar.

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 BAWS Vol. 13, p. 110. The Assembly adopted it on 29 November 1948, and members shouted “Mahatma Gandhi ki Jai” Constituent Assembly Debates, 29 Nov 1948. It is now Article 17 Constitution of India, Art. 17.

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” Constituent Assembly Debates, 30 Nov 1948 BAWS Vol. 13, p. 393.

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 Constituent Assembly Debates, Vol. VII BAWS Vol. 13, p. 440

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 Constituent Assembly Debates, 9 Dec 1948 BAWS Vol. 13, p. 441.

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 Constitution of India, Arts. 330–342. Article 340 provides for a commission to study backward classes Constitution of India, Art. 340. He later said he had come into the Assembly “with no greater aspiration than to safeguard the interests of the Scheduled Castes” BAWS Vol. 13, p. 1208.

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” Constitution of India, Art. 37. 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” BAWS Vol. 13, pp. 351–352. Article 46 asks the State to promote “with special care” the education and economic interests of weaker sections, especially Scheduled Castes and Scheduled Tribes Constitution of India, Art. 46.

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 Constituent Assembly Debates, Vol. VII BAWS Vol. 13, p. 72

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 Constituent Assembly Debates, 5 Nov 1948.

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” Constituent Assembly Debates, 26 Nov 1949 BAWS Vol. 13, p. 1219.

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 Constituent Assembly Debates, 25 Nov 1949 BAWS Vol. 13, pp. 1208–1209.

The final speech and its three warnings

On 25 November 1949, the day before the vote, Dr. Ambedkar gave his closing speech Constituent Assembly Debates, 25 Nov 1949. 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” BAWS Vol. 13, pp. 1215–1216:

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.” Constituent Assembly Debates, 25 Nov 1949
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.” Constituent Assembly Debates, 25 Nov 1949
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. Constituent Assembly Debates, 25 Nov 1949

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 BAWS Vol. 13, p. 1216. 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 Constituent Assembly Debates, Vol. XI BAWS Vol. 13, p. 1218

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 Constituent Assembly Debates, 26 Nov 1949. A few parts, such as those on citizenship and elections, began at once. The rest began on 26 January 1950 Constitution of India, Art. 394.

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 Constituent Assembly Debates, 24 Jan 1950. Two days later, on 26 January 1950, the Constitution came fully into force and India became a republic Constitution of India, Art. 394.

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 BAWS Vol. 13, Foreword, p. v.

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 CSIR-NPL, Current Science, 2018 New India Samachar (PIB), p. 12. The pages were decorated by the artist Nandalal Bose and his team from Kala Bhavana, Santiniketan New India Samachar (PIB), p. 12. Their pictures trace India’s story from Mohenjo-daro to the freedom movement CSIR-NPL, Current Science, 2018. The decorated Preamble page is credited to Beohar Rammanohar Sinha, an artist in Nandalal Bose’s team LiveHistoryIndia Saffronart catalogue note.

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 CSIR-NPL, Current Science, 2018. Since March 1994 they have rested in sealed glass cases filled with nitrogen gas, which protects the paper CSIR-National Physical Laboratory. The Survey of India in Dehra Dun later printed 1,000 copies of the decorated edition by photolithography, a photographic printing method Survey of India.

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 New India Samachar (PIB), p. 8. You can read the Constitution as it stands today, in English and Hindi, on the Legislative Department’s website Legislative Department – Constitution of India.

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” BAWS Vol. 15, pp. 860–862. 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?” BAWS Vol. 15, p. 949. 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 Constituent Assembly Debates, 25 Nov 1949. The BAWS editor writes that the Assembly elected him Chairman on 29 August 1947 BAWS Vol. 13, p. 26. 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 CSIR-NPL. A PIB magazine and many websites say helium New India Samachar (PIB), p. 12. We follow the laboratory.
• Size of the English original. CSIR-NPL says 221 sheets and about 13 kg Current Science, 2018. Popular articles say 251 pages LiveHistoryIndia.
• The Hindi calligrapher’s name is spelled Vasant Krishna Vaidya by the PIB’s magazine New India Samachar (PIB), Basantrao Vaidya by CSIR-NPL Current Science, 2018, 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 Saffronart. Popular accounts say he took no fee LiveHistoryIndia. The Assembly record shows the English copy was complete and signed on 24 January 1950 Constituent Assembly Debates, 24 Jan 1950.
• “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” Constituent Assembly Debates, 9 Dec 1948.
• 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 Constituent Assembly Debates, 25 Nov 1949.

Read more

• Constituent Assembly Debates (day by day) — the full record, searchable by date.
• BAWS Vol. 13: Dr. Ambedkar and the Constitution — all his Assembly speeches and the 1948 Draft, in one official volume.
• The Constitution of India (Legislative Department) — the official, up-to-date text in English, Hindi and other languages.
• Draft Constitution of India, 1948 — the February 1948 draft, with an introduction.
• Preserving the original Constitution (CSIR-NPL) — how the handwritten copies are protected.