Role of Drafting Committee of the Constituent Assembly

Who sat on the Drafting Committee, what it did with B.N. Rau's draft, and Ambedkar's part in it

7 min read
Constitutional Development and Framing of the Indian Constitution

In one minute

The Drafting Committee was a seven-member body set up by the Constituent Assembly on 29 August 1947. It examined the draft prepared by the Constitutional Adviser, B.N. Rau, and produced the Draft Constitution. Dr B.R. Ambedkar was its Chairman.

Exams ask for the date, the members, the Chairman and the Committee's work. They also test the difference between the Adviser, the Committee and the Assembly.

Exam focus

  • Frequency: No data
  • Usually asked as: No data

Legal provision

No Article of the Constitution deals with the Committee. These provisions record the Assembly's work.

  • Preamble: the people, "in our Constituent Assembly" on 26 November 1949, adopted, enacted and gave themselves the Constitution.
  • Article 394A: the Hindi translation, signed by members of the Constituent Assembly, is published under the President's authority.

Meaning and definition

The Drafting Committee was a committee of the Constituent Assembly. A body of nearly 300 members cannot write a legal text word by word. So the Assembly handed the task of putting its decisions into precise legal language to a small group of legal experts.

Who did what in draftingHow to read this: read from left to right. Each box is one body. The lines say what passed between them. The green box is the Drafting Committee.
Constitutional AdviserSir B.N. Rau prepared the first working draft.
Drafting CommitteeSeven members under Dr Ambedkar examined and revised it.
Constituent AssemblyDebated the Draft clause by clause and adopted it.

Detailed explanation

Step 1: formation and members

The Assembly set up the Committee on 29 August 1947, soon after independence. Its task was to scrutinise the draft prepared by the Constitutional Adviser and return a revised text. The Committee elected Dr B.R. Ambedkar as its Chairman.

MemberNote
Dr B.R. AmbedkarChairman
N. Gopalaswami AyyangarOriginal member; a former Diwan of Jammu and Kashmir
Alladi Krishnaswami AyyarOriginal member; an eminent lawyer
Dr K.M. MunshiOriginal member; lawyer and writer
Syed Mohammad SaadullahOriginal member; a former Premier of Assam
B.L. MitterOriginal member; replaced by N. Madhava Rau after he resigned owing to ill health
D.P. KhaitanOriginal member; died in 1948 and was replaced by T.T. Krishnamachari

Example. Suppose the Assembly agreed that every person should be equal before the law. The Drafting Committee put the idea into exact legal words and made sure it fitted with the rest of the text.

Step 2: the work

The Committee examined Rau's draft clause by clause, refined its language and removed inconsistencies. It submitted the Draft Constitution to the Assembly's President in February 1948. The draft was published so that the public could comment. A revised draft followed in October 1948.

Step 3: the Assembly's debate

Ambedkar introduced the Draft in the Assembly on 4 November 1948. The Assembly discussed it clause by clause. Members proposed more than 7,000 amendments, and more than 2,000 of them were discussed. The Assembly adopted the Constitution on 26 November 1949.

Step 4: Ambedkar's part

Members of the Committee were absent, ill or busy with other public work, and two had been replaced. The burden fell heavily on Ambedkar. He is often called the chief architect of the Constitution. This is only an honorific, not an official designation. The Constitution was the work of the Adviser, the Committee and the whole Assembly.

Don't confuse: the Adviser, the Committee and the Assembly

BodyTaskWho
Constitutional AdviserPrepared the first draft from research and committee reportsSir B.N. Rau
Drafting CommitteeExamined and revised the draft into the Draft ConstitutionSeven members, Ambedkar as Chairman
Constituent AssemblyDebated, amended and adopted the ConstitutionAll members, with Rajendra Prasad as President

Inside the concept. A clause on the right to equality is rewritten by the Committee to make its words match another clause.

Just outside it. The vote to adopt the Constitution on 26 November 1949 was taken by the Assembly, not by the Committee.

Common mistakes

  • Saying Ambedkar alone wrote the Constitution.
  • Saying the Drafting Committee had Rajendra Prasad as Chairman. He was the Assembly's President.
  • Forgetting that two of the original seven members left.
  • Saying B.N. Rau was a member of the Committee. He was the Constitutional Adviser.

Apply it

Problem

A quiz asks: "Who is the sole author of the Indian Constitution?" How should a law student answer?

Issue. Was the Constitution written by one person?

Rule. The Assembly adopted the Constitution after the Adviser prepared a draft and the Committee revised it.

Application. Rau drafted first, a seven-member Committee under Ambedkar revised, and the Assembly debated and adopted.

Conclusion. No single author exists. Ambedkar was the Chairman of the Drafting Committee and carried a large part of the work.

Leading case laws

No case turns on the Committee itself. Courts quote the Assembly debates, including Ambedkar's speeches, to explain the Constitution, as in Kesavananda Bharati v. State of Kerala.

How to write this answer in the exam

5-mark answer

  1. Formation on 29 August 1947 with seven members.
  2. Chairman Ambedkar and the other members.
  3. Its work on Rau's draft.
  4. The Draft Constitution of February 1948.

10-mark answer

  1. Why a drafting committee was needed.
  2. Formation and members, with the two replacements.
  3. The Adviser's draft and the Committee's work.
  4. Publication for comment and the revised draft.
  5. The Assembly's debate and adoption.
  6. Ambedkar's role.

Key points to remember

  • Formed on 29 August 1947; seven members; Chairman Dr B.R. Ambedkar.
  • Members: Gopalaswami Ayyangar, Alladi Krishnaswami Ayyar, K.M. Munshi, Saadullah, Mitter, Khaitan.
  • Mitter was replaced by N. Madhava Rau; Khaitan (died 1948) by T.T. Krishnamachari.
  • Worked on B.N. Rau's draft; Draft Constitution sent in February 1948.
  • Introduced in the Assembly on 4 November 1948; adopted on 26 November 1949.
  • Ambedkar is the chief architect, an honorific title.

Quick self-test

1. When was the Drafting Committee formed and how many members did it have?

On 29 August 1947, with seven members.

2. Who prepared the first draft that the Committee examined?

Sir B.N. Rau, the Constitutional Adviser to the Assembly.

3. Who replaced B.L. Mitter and D.P. Khaitan?

N. Madhava Rau replaced Mitter, and T.T. Krishnamachari replaced Khaitan.

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