Wednesday, October 14, 2026

What was the reason for India choosing British to write its first draft for a new Constitution instead of the USA or France?

 No British person wrote India's Constitution. But after winning independence, the Indian framers deliberately chose to copy their former colonizers over the US or French republics.

The document itself was drafted entirely by Indians over a grueling period of two years, eleven months, and eighteen days. The Constituent Assembly of India, an elected body of nearly 300 Indian representatives, took on the task. The initial working draft was prepared by the Constitutional Advisor, B.N. Rau, an Indian civil servant and jurist who traveled globally to study other constitutions. The critical job of debating, refining, and finalizing the text fell to the Drafting Committee, chaired by Dr. B.R. Ambedkar.

The misconception that the British wrote the Constitution likely stems from the fact that the final document borrowed heavily from the Government of India Act 1935, legislation previously passed by the British Parliament. When India gained independence in 1947, it needed a functional administrative framework immediately. The 1935 Act provided a detailed blueprint for the mechanics of government, including provincial autonomy, the federal structure, and the judiciary. Because Indian politicians and civil servants had already spent over a decade working within the confines of this Act, incorporating its structural elements provided vital administrative continuity during the chaotic period of Partition.

This decision to adopt a British-style parliamentary system over a presidential model was fiercely debated in the Constituent Assembly. Dr. Ambedkar championed the parliamentary system, arguing that a democratic executive must satisfy two conditions: stability and accountability. He noted that the U.S. presidential system provides high stability but lower daily accountability, as the President is elected for a fixed term and does not sit in the legislature. The British parliamentary model, however, ensures constant accountability. The Prime Minister and the cabinet must retain the confidence of the legislature and face direct questioning in parliament. For a deeply diverse and newly independent nation, the framers concluded that daily accountability was far more critical than a highly stable, independent executive.

Furthermore, India did not blindly copy the British system; it wove together the strongest elements of multiple democracies. While the parliamentary structure came from Britain, the framers looked to the United States for the concept of Fundamental Rights and an independent judiciary capable of judicial review. They borrowed the Directive Principles of State Policy from Ireland, the ideals of Liberty, Equality, and Fraternity from France, and the federal framework with a strong center from Canada. The result was a uniquely Indian synthesis tailored to the country's specific needs.

Dr. B.R. Ambedkar, chairman of the Drafting Committee, presents the final draft of the Indian Constitution to Dr. Rajendra Prasad on November 25, 1949. Source: Wikimedia Commons.