January 22, 2026

Constituent Assembly Debates (1946-1949) Read the 'Original Intent' of the Constitution

Constituent Assembly Debates (1946-1949): Read the 'Original Intent' of the Constitution description: "The ultimate 24x7 guide to the Constituent Assembly Debates (CAD). Access the 12 Volumes of verbatim transcripts, read Dr. Ambedkar's defense of the Draft Constitution, and explore the historic arguments on Uniform Civil Code, Language, and Federalism." date: 2026-01-13 author: Resources Desk | Sansad Online

📜 24x7 Resource: Constituent Assembly Debates (CAD)

The History Hub

Access the verbatim record of the making of India.

  • Official Archive: loksabha.nic.in
  • Modern Interface: constitutionofindia.net (Maintained by CLPR - Highly Recommended).
  • Duration: 2 Years, 11 Months, 17 Days.
  • Volume Count: 12 Volumes.
  • Key Figure: Dr. B.R. Ambedkar (Chairman, Drafting Committee).
🏛️ THE FINAL WARNING: "On the 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality... in social and economic life we will have inequality... How long shall we continue to live this life of contradictions?" — Dr. Ambedkar's final speech, Nov 25, 1949.

Introduction: The "Original Intent"

(Why Judges Read These Old Files)

When the Supreme Court hears a case today—say, on the "Right to Privacy" or the "Power of the Governor"—the judges often get stuck. The Constitution might be vague on a specific point.

To solve this, they look back. They open the Constituent Assembly Debates (CAD).

From December 9, 1946 to January 24, 1950, 299 of India's sharpest minds met in the Central Hall of Parliament. They debated every single Article.

  • Should India have a President or a King?
  • Should Hindi be the National Language?
  • Should we have a Strong Centre or Strong States?

These debates are recorded word-for-word. Reading them is like time-traveling. You see Nehru arguing for idealism, Patel for pragmatism, and Ambedkar defending the legal structure against fierce critics.

For a citizen, these debates are the ultimate fact-check. When a politician claims "The Constitution Makers wanted X," you can check the archive to see if they actually said that.

🔍 How to Navigate the Archives

You can read the debates in two ways: the "Raw" government way or the "Modern" interactive way.

Method 1: The Lok Sabha Archive (Official)

  • Go to: loksabha.nic.in -> Debates -> Constituent Assembly.
  • Structure: Organized by Volume and Date.
    • Volume I: Dec 1946 (The Objectives Resolution).
    • Volume VII: Nov 1948 (The Draft Constitution introduced).
    • Volume XI: Nov 1949 (The Final Adoption).
  • Format: Scanned PDFs and simple HTML text. Good for citing in court.

This portal by the Centre for Law and Policy Research (CLPR) is brilliant.

  • Article-wise Search: You can click on "Article 21" and it will show you only the debates related to that Article.
  • Topic Search: Search for "Cow Slaughter" or "Untouchability" to find relevant speeches.
  • Visualizations: Timelines and word clouds of the speakers.

🗣️ The "Great Debates": 4 Moments That Defined India

If you don't have time to read 12 volumes, read these four historic debates.

1. The "National Language" Debate (Sept 1949)

  • The Conflict: Members from North India (like Purushottam Das Tandon) wanted Hindi to be the sole National Language immediately. Members from the South (like T.T. Krishnamachari) warned of a breakup of the Union if Hindi was imposed.
  • The Compromise: The famous "Munshi-Ayyangar Formula" was adopted. Hindi became the "Official Language" (not National), and English was retained for 15 years (later extended indefinitely).

2. The "Uniform Civil Code" Debate (Article 44)

  • The Conflict: Should religious personal laws be abolished immediately?
  • The Argument: K.M. Munshi argued for a secular code. Muslim members (like Pocker Sahib) argued it violated religious freedom.
  • The Result: It was placed in the Directive Principles (Article 44)—a goal for the future, not a law for the present.

3. The "Due Process" vs "Procedure Established by Law" (Article 21)

  • The Conflict: Should the Courts have the power to strike down a law if it is "unfair" (Due Process)?
  • The Twist: B.N. Rau (Constitutional Advisor) met Justice Felix Frankfurter in the USA, who advised against "Due Process" fearing judicial overreach.
  • The Result: The Assembly dropped "Due Process" and chose the weaker "Procedure Established by Law." (The Supreme Court later virtually adopted Due Process in the Maneka Gandhi case of 1978).

4. The "Reservation" Debate

  • The Conflict: Should there be separate electorates (like in British times)?
  • The Resolution: Sardar Patel managed to convince minorities to give up separate electorates in exchange for "Reservation of Seats" for SC/STs.

🏛️ The Cast of Characters: Who to Watch?

While Ambedkar is the star, the Assembly had other giants whose speeches are literary masterpieces.

  • Alladi Krishnaswami Ayyar: The legal eagle. Read him for technical constitutional arguments.
  • H.V. Kamath: The incessant questioner. He moved the most amendments and often clashed with Ambedkar.
  • Dakshayani Velayudhan: The only Dalit woman in the Assembly. Her speeches on untouchability are powerful.
  • Rajkumari Amrit Kaur: Spoke passionately on women's rights and health.
  • Maulana Azad: Rarely spoke, but his presence steered the education and minority debates behind the scenes.

🛠️ How to Cite CAD in Research

If you are a student, citing CAD adds immense weight to your paper.

Format:

Shri [Speaker Name], Constituent Assembly Debates, Vol. [Number], [Date], Page [Number].

Example:

"As Dr. Ambedkar stated on Nov 4, 1948: 'Constitutional morality is not a natural sentiment. It has to be cultivated.'" (CAD, Vol. VII).

Your constitutional library:

❓ Frequently Asked Questions (FAQs)

Q1. Was the Constituent Assembly elected?

Indirectly. The members were not elected by the common people (Universal Adult Franchise did not exist then). They were elected by the Provincial Legislative Assemblies (who were elected by a limited franchise of property owners/taxpayers).

  • Criticism: Some argue the Assembly was "elitist" and not fully representative.
  • Defense: It included representatives from all communities, regions, and ideologies (except the Communists, who boycotted initially).

Q2. Did Gandhi participate?

No. Mahatma Gandhi was not a member of the Constituent Assembly. He preferred to work on the ground in Noakhali and Bihar to stop communal riots during Partition. However, his ideals (Panchayati Raj, Prohibition) heavily influenced the Directive Principles.

Q3. How long did it take to write the Constitution?

2 Years, 11 Months, and 17 Days.

  • Total Sessions: 11.
  • Total cost: Approx ₹64 Lakhs (in 1949 currency).

Q4. Who was the Constitutional Advisor?

Sir B.N. Rau. He was a civil servant (not a politician). He traveled the world (USA, Ireland, Canada) to study their constitutions and prepared the "First Draft" which Ambedkar's committee then polished. He is the unsung hero of the Constitution.

Q5. Why is the date "26 November" important?

The Constitution was adopted on Nov 26, 1949. (This is now celebrated as Constitution Day). However, it came into force on Jan 26, 1950.

  • Why the delay? To honor the "Purna Swaraj" declaration made by the Congress on Jan 26, 1930.

Bookmark this page. When in doubt about the future of India, look at the blueprint drawn in the past.