January 27, 2023

Drafting Committee of the Constituent Assembly

This article has been written by Jigyasa Nain, a student studying BBA.LLB from Indian Institute of Management, Rohtak. The author is a 1st year law student.

As we have already talked about the drafting of the Indian Constitution and some of the members of the constituent assembly in previous articles . Let’s move on and learn more about the Drafting Committee in particular. 

The Drafting Committee was established on August 29, 1947, following the declaration of India’s independence, in order to accumulate and write down all the suggestions from the various committees. The committee had seven members and Dr. B.R. Ambedkar was elected as the chairperson during the group’s first meeting on August 30, 1947. The model created by the Constitutional Advisor (B.N. Rau) was examined by the Drafting Committee in October 1947, and modifications were made. The Drafting Committee subsequently turned in their draft on February 21st, 1948. Dr. B.R. Ambedkar left it available for public and official government reviews. On November 25, 1949, a finalised draft was provided following consideration of all the amendments submitted and debate of them. Readers will be astonished to learn that the constituent assembly debated 114 sessions out of 166 for possible alterations to the draft submitted in February of 1948. I’ll look into the details of the members of the Drafting Committee in the following passages.

  1. Bhimrao Ramji Ambedkar

(Chairman)

BR Ambedkar: Father of our Constitution and radical social thinker – The  Leaflet

(14 April 1891 – 6 December 1956)

About :- Ambedkar was born to a Dalit household on April 14, 1891, in the Central Provinces’ Mhow Army Cantonment (current-day Madhya Pradesh). Untouchability, segregation, and discrimination were a part of his early life as a result of his family’s low caste status. Ambedkar excelled in the classroom. In 1927, he earned his B.A. in economics and political science from Elphinstone College, his M.A. and doctorate from the London School of Economics, and his second doctorate from Columbia University.

Ambedkar’s involvement in the struggle for freedom was difficult. In contrast to the political discourse that was in vogue at the time, which sought to persuade the British to grant the Indians more authority and eventually leave India, Ambedkar’s initiatives and lobbying were more concentrated on safeguarding and advancing Dalit rights. As a result, he frequently disagreed with the Indian National Congress. He gave his first presentation to the Southborough Committee in support of the Government of India Act 1919 in an effort to provide the untouchables political protections. His disagreement with M.K. Gandhi regarding the Poona Pact in 1932 and the creation of the Scheduled Castes Federation party are two other instances of this. Additionally, he made a big difference for social movements like the Mahad Satyagraha, which fought for untouchables’ access to public amenities like temples.

In popular culture, Ambedkar and the Indian Constitution are usually attributed. He is frequently referred to be the creator of the Indian Constitution and is probably the Constituent Assembly member with the highest level of public acclaim. Ambedkar became recognised as a key player in the development of India’s constitution as a result of the positions he held, as well as his contributions and observations in the Assembly. He was a member of various important committees and served as chairman of the Assembly’s most important committee, the Drafting Committee. He had to advocate for the Draft Constitution that the Committee had produced in his capacity as the Drafting Committee’s Chairman.

On behalf of the Scheduled Caste Federation political party, Ambedkar sent a letter and submitted States and Minorities to the Constituent Assembly’s Sub-Committee on Fundamental Rights. For the Scheduled Caste community, States and Minorities crafted a strong constitutional protection that serves as a mini-Constitution in and of itself. Ambedkar delivered lectures and comments that were thoughtful, well-informed, and painstakingly researched on a variety of Constitutional topics. As a result, he earned the respect and support of his fellow Assemblymen, who then granted him the power to direct the constitution-writing procedure.

Ambedkar was appointed to be India’s first law minister in 1947. The presentation of Ambedkar’s proposals by the Hilton Young Commission served as motivation for the creation of the Reserve Bank of India. Ambedkar turned to Buddhism in 1956 with the backing of 3,65,000 people after studying the religion for years. The prevalent names for Ambedkar’s re-invention of Buddhism in the context of social justice are the Dalit Buddhist movement, Navayana, or Neo-Buddhism.

Ambedkar campaigned for office as a Scheduled Caste Federation candidate in the first general elections of India from the Bombay North Central district. In what Sukumar Sen, the election commissioner at the time, called “the biggest experiment in democracy in human history,” Ambedkar came in fourth place. The seat was won by an unidentified Congress party candidate. Despite his loss in the Lok Sabha elections, he was chosen for the Rajya Sabha in 1952. In his later years, his health declined, and he died peacefully at home in Delhi on December 6, 1956. An official holiday called “Ambedkar Jayanti” is observed in honour of his birthday. He was awarded the Bharat Ratna posthumously in 1991.

  1. Syed Muhammad Saadullah 
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                                           (21 May 1885 – 8 January 1955)

About :- He was a lawyer and the assami head of the Muslim League. He presided over the Gauhati Municipality in 1919. He was Assam’s minister in charge of agriculture and education from 1924 to 1934. He attended Cotton College in Guwahati and Presidency College in Calcutta for his studies. Sir Syed Muhammad Saadulla, who served as the first Premier (also known as Prime Minister or Chief Minister) of Assam, one of the eight significant provinces of British India, is one of the most significant political personalities in the history of contemporary Assam.

In 1928, he was awarded a Knighthood by the British government. He joined forces with other non-Congress parties in 1936 to become the first Chief Minister of Assam in British India, but he was forced to step down in 1938 after losing a vote of no-confidence. Saadulla was chosen to represent Assam in the Constituent Assembly. He was among the 28 Muslim League members present during the Assembly’s sessions the only one out of them to serve on the Drafting Committee. His statements in the Assembly were on protecting minority rights & Assam’s economic security.

In 1910, Syed Muhammad Saadulla established his business in Lakhtakia after becoming a Pleader in Guwahati. He eventually became popular as a lawyer. In April 1912, Assam was made a chief commissioners province. Saadulla actively engaged in the council’s discussions despite being a nominated member and spoke out in favour of issues that the Assamese people found important. Early in his political career, he displayed the characteristics of citizenship that motivated him to make selfless sacrifices for what he felt to be good and patriotic.

Saadulla received a letter from the Governor of Assam at the end of February 1924 offering him a position as Minister in his Executive Council.

There was not much time left to choose between a ministerial position in Assam and the Calcutta High Court Bar because the freshly elected Legislative Council was scheduled to assemble on March 24 in Shillong. Being a man of snap judgements, he wrote to the Governor to accept his offer and assure him that he would arrive in Shillong well before the start of the Council session. In the November 1926 elections for the third Reformed council, Saadulla received a significant majority of the vote from his district.

  1. N. Gopalaswami Ayyangar
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(31 March 1882 – 10 February 1953)

About :- He was born in Tanjore, Madras, in 1882 and attended Presidency College before attending the Wesley School. He began working for the Madras Civil Service in 1905, holding positions such as deputy collector and member of the board of revenue. His appointment as the Prime Minister of Kashmir from 1937 to 1943 marked the beginning of his influence on politics. From 1943 to 1947, he served as a member of the Council of States and served as the chairman of the “Committee for the Indianization of Army.”

Ayyangar served on the thirteen-person Drafting Committee that was tasked with creating Article 370 of the Constitution as a member of the Constituent Assembly. This article, which gave the state of Jammu and Kashmir a great deal of autonomy, was greatly influenced by him. He served in Jawaharlal Nehru’s cabinet from 1947 to 1948 as a minister without a specified portfolio following India’s independence. Ayyangar served as the chairman of the delegation that represented India in the ongoing conflict over Kashmir at the United Nations in 1948. From 1948 to 1952, while he served as the Minister for Railways and Transport, the Indian Railways saw a significant expansion in its services and technological advancement. His idea resulted in the Indian Railways being organised into six zonal systems, which allowed them to record surplus earnings at the time.

Following India’s independence, he served as a minister without a specific portfolio in Jawaharlal Nehru’s cabinet from 1947 until 1948. In 1948, Ayyangar presided over the delegation that represented India in the continuing battle over Kashmir before the UN. While he was the Minister for Railways and Transport from 1948 to 1952, the Indian Railways significantly increased the number of services it offered and made important technological advancements. His plan led to the creation of six zonal systems for the Indian Railways, which allowed them to record surplus earnings at the time.

  1. B.L.Mitter

About :- Working with the Dewan of Baroda was B.L. Mitter. According to reports, Mitter significantly aided India’s merger of the Princely States. Later, Madhav Rao, the Maharaja of Vadodara’s legal counsel, took his place on the writing committee.

  1. Alladi Krishnaswami Ayyar

(14 May 1883 – 3 October 1953)

About :- On May 14, 1883, Alladi Krishnaswamy Ayyar was born in the Andhra Pradesh village of Pudur. He majored in history at Madras Christian College and eventually graduated with a B.L. after taking classes in his spare time. He was hired as a history tutor while attending Madras Christian College because of his high level of proficiency.

He rose to prominence in the bar and, at the age of 45, was named Madras State’s Advocate-General from 1929 until 1944. In 1930, he was also appointed Dewan Bahadur. He received a knighthood in the 1932 New Year Honors List. He did, however, give up the Knighthood. He was appointed to the Government of India Committee to revise the Law of Partnership and Sale of Goods 1929 because he was a recognised jurist. Ayyar kept his library accessible to everyone and was very supportive of emerging attorneys. Ayyar did not participate in India’s independence movement and did not have a prominent political career. When he was appointed to the Constituent Assembly, he worked as an advocate full-time. 

From 1946 until 1949, Ayyar represented the Madras province in the Constituent Assembly. He served on nine committees in the Constituent Assembly, including the Sub-Committee on Fundamental Rights, the Advisory Committee, and the Drafting Committee. In the discussions surrounding citizenship, fundamental rights, and the declaration of an emergency, he made significant contributions. He left public life after his time in the Constituent Assembly. Ayyar passed away on October 3, 1953. In honour of his father’s 100th birthday, Alladi Kuppuswami, the son of Alladi Krishnaswamy Ayyar, established “The Alladi Memorial Trust” in 1983. This trust holds lectures on constitutional law-related subjects

  1. K.M. Munshi
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             (30 December 1887 – 8 February 1971)

About :- K.M. Munshi was born in Bharuch, Gujarat, on December 30, 1887. After completing his high school education at Khan Bahadur Dalal School, he attended Baroda College to continue his education. He was particularly intrigued to Sri Aurobindo Ghosh’s viewpoints because he was his Baroda College instructor. He relocated to Bombay in 1907 to pursue a legal career and to finish his B.A. and L.L.B. studies. Along with practising law, he began writing historical fiction and published numerous books. After completing his education, Munshi plunged into social action and change, focusing particularly on caste prejudice and women’s rights. He then became a member of the topics committee and the secretary of the Bombay Presidency Association after joining the Indian National Congress in 1916.

In 1938, Munshi established the Bhartiya Vidya Bhavan with the intention of safeguarding Indian art, education, and culture from a secular standpoint. Munshi actively participated in the fight for liberation. In addition to taking part in the Bardoli Satyagraha, Salt Satyagraha, and the Quit India movement, he offered legal advice to several freedom fighters who were being held by the British. Munshi was chosen to represent Bombay in the Constituent Assembly on the platform of the Congress Party. Being a member of 16 committees and subcommittees, including the Drafting Committee, made him one of the Assembly’s most active members. His comments were made during discussions about citizenship, minority rights, and fundamental rights.

He held the position of Minister for Agriculture and Food after Independence until 1953. He developed the Van Mahotsav programme to improve the nation’s forest cover while serving as agriculture minister. From 1953 until 1957, he presided as the governor of Uttar Pradesh. He launched the Gujarati monthly journal “Bhargava” in 1954, as well as the journal of Bhartiya Vidya Bhavan, which is still published today. At the age of 83, Munshi passed away in Bombay, India, on February 8, 1971.

  1. D.P. Khaitan

About :- Debi Prasad Khaitan, popularly known as D.P. Khaitan, was the founder of Khaitan & Co., one of the country’s first active legal companies. There were 115 partners and directors among the 530 fee earners and consultants. In 1911, with the aid of his brothers, Debi founded this business. He was an expert member of the six-person drafting committee.

The Indian Constitution is the supreme law of the land, governing both citizens and every statutory entity. As a result, drafting was the most difficult duty, and all of the drafters gave it their all.

References :- 

https://www.constitutionofindia.net/constitution_making_process/drafting_commitee

https://www.constitutionofindia.net/constituent_assembly_members/b__r__ambedkar

https://www.constitutionofindia.net/constituent_assembly_members/n__gopalaswami_ayyangar

https://www.indiatimes.com/trending/constitution-of-india-drafting-committee-504784.html

https://www.constitutionofindia.net/constituent_assembly_members/alladi_krishnaswamy_ayyar

https://www.constitutionofindia.net/constituent_assembly_members/k_m__munshi

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