Drafting Committee: Process, Formation and Significance

Drafting Committee is a key body responsible for preparing the final version of important documents, proposals, or reports in a structured and precise manner. Its primary role is to ensure clarity, consistency, and accuracy in the language, while incorporating the ideas and decisions of the larger committee or assembly. 

The committee plays a crucial role in shaping the content, framing policies, or drafting legislation, making sure that the final document reflects the intended objectives effectively.

Drafting Committee

The making of the world’s lengthiest written constitution was a monumental task, and the responsibility of giving a final, coherent, and legal shape to the nation’s foundational document fell upon one of the most crucial committees of the Constituent Assembly: the Drafting Committee. 

This committee's formation marked a critical turning point in India's journey towards establishing itself as a sovereign, democratic republic. The core objective of the Drafting Committee was to transform the principles and decisions made by the Constituent Assembly into a functional and comprehensive legal text, ensuring the ideals of justice, liberty, equality, and fraternity were deeply embedded in the supreme law of the land.

Formation and Significance of the Drafting Committee

The Constituent Assembly, shortly after India achieved independence, recognized the need for a dedicated, expert body to meticulously scrutinize and formalize the Constitution. By a resolution, the Drafting Committee was appointed on August 29, 1947.

This committee was undeniably the most important committee of the Constituent Assembly. Its significance lay in its task of not just writing, but also scrutinizing and refining the initial constitutional draft prepared by the Constitutional Adviser, Sir B. N. Rau, and then debating and defending its provisions before the Assembly.

The Committee elected Dr. B. R. Ambedkar as its Chairman during its first meeting on August 30, 1947. Dr. Ambedkar’s pivotal role in steering the drafting process, his deep understanding of jurisprudence, and his commitment to social justice earned him the title of the "Principal Architect of the Indian Constitution".

Members of the Drafting Committee 

The Drafting Committee was initially composed of seven members, each bringing a wealth of legal expertise and regional perspective to the table. Their collective efforts were instrumental in balancing diverse national needs with a unified constitutional structure.

The seven original members were:

1. Dr. B. R. Ambedkar (Chairman)

2. Alladi Krishnaswami Ayyar (Eminent jurist, instrumental in the legal framework and judicial independence)

3. N. Gopalaswami Ayyangar (Contributed significantly to the federal structure and drafted Article 370)

4. K. M. Munshi (A key advocate for cultural preservation and fundamental rights)

5. Mohammad Saadulla (Focused on minority rights and federalism, bringing in the perspective of the Northeast)

6. B. L. Mitter (Resigned due to ill health and was later replaced by N. Madhava Rao)

7. D. P. Khaitan (Passed away in 1948 and was replaced by T. T. Krishnamachari)

Functions and Objectives of the Drafting Committee

The mandate of the Drafting Committee was clear and extensive, focusing on the technical and legal completion of the supreme document.

The primary functions of the committee included:

• Scrutinizing the Draft: Examining the preliminary draft text of the Constitution prepared by the Constitutional Adviser, B. N. Rau.

• Giving Legal Effect: Translating the resolutions, reports, and decisions of the Constituent Assembly into appropriate legal and constitutional provisions.

• Preparing a Comprehensive Draft: Drafting a detailed and comprehensive Constitution that would serve as the foundational legal framework for the newly independent nation.

• Incorporating Amendments: Reviewing the suggestions, comments, and amendments received from the public, provincial governments, and central ministries after the draft was circulated.

• Submitting the Final Text: Submitting the final draft of the Constitution to the President of the Constituent Assembly for final debate and adoption.

Process of Drafting and Final Constitution

The process of drafting the Constitution was a meticulous, multi-stage exercise that extended for almost three years.

1. Initial Draft by B.N. Rau: The Constitutional Adviser, B. N. Rau, prepared the original draft of the Constitution in February 1948. This draft consisted of 243 articles and 13 schedules.

2. First Draft Submission: The Drafting Committee, after making numerous changes, submitted its first version of the Draft Constitution to the President of the Constituent Assembly on February 21, 1948. This draft contained 315 Articles and 8 Schedules.

3. Public Scrutiny and Review: The draft was published and circulated widely for public comments and suggestions. The Committee spent time reviewing over 7,000 proposed amendments.

4. Final Adoption: After extensive debates, clause-by-clause scrutiny, and three readings over 165 days, the Constituent Assembly finally adopted the Constitution on November 26, 1949. The final adopted Constitution contained 395 Articles, divided into 22 Parts and 8 Schedules, making it the world's longest written Constitution.