Drafting of the Constitution of India: B. N. Rau vs. Dr. B. R. Ambedkar
The Constitution of India, adopted on November 26, 1949, stands as one of the most comprehensive and enduring constitutions in the world. Its creation was not the work of a single individual but the product of collaboration among some of the brightest legal, political, and intellectual minds of modern India. Among these, two figures stand out: Sir Benegal Narsing Rau (B. N. Rau) and Dr. Bhimrao Ramji Ambedkar (B. R. Ambedkar).
While Dr. Ambedkar is justly celebrated as the Father of the Indian Constitution for his leadership as Chairman of the Drafting Committee, B. N. Rau played an equally indispensable but often underacknowledged role as the Constitutional Adviser. Their contributions were complementary—Rau’s scholarly groundwork provided the foundation upon which Ambedkar built the living edifice of the Indian Republic.
The Drafting Process: An Overview
The Constituent Assembly of India first met on December 9, 1946, embarking on a historic mission to frame an independent nation’s constitution. The drafting process stretched over nearly three years, involving 11 sessions, 165 days of debate, and the examination of over 7,500 amendments.
The process unfolded in two major phases:
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Preparatory Phase (1946–47) — led by B. N. Rau, who prepared the Constitutional Adviser’s Draft.
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Drafting and Deliberation Phase (1947–49) — directed by Dr. B. R. Ambedkar and his Drafting Committee, which refined, debated, and finalized the document.
B. N. Rau: The Constitutional Adviser
Background and Appointment
Sir B. N. Rau, a distinguished Indian Civil Service (ICS) officer, jurist, and later judge at the International Court of Justice, was appointed as the Constitutional Adviser to the Constituent Assembly in July 1946. Though not a member of the Assembly, his intellectual rigor and comparative constitutional expertise were pivotal in shaping the document’s framework.
Key Contributions
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Initial Draft (October 1947): Rau prepared the first draft of the Indian Constitution—a 240-article, 13-schedule document synthesizing reports of various committees and comparative global models.
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Comparative Research: He studied and incorporated features from constitutions of the USA, Ireland, Canada, Australia, and the UK, focusing on fundamental rights, federal structure, and judicial review.
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International Consultation: Rau consulted global constitutional experts, including Justice Felix Frankfurter of the US Supreme Court and Eamon de Valera in Ireland, enriching his draft with practical insights.
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Conceptual Innovations: Introduced the distinction between justiciable Fundamental Rights (inspired by the US Bill of Rights) and non-justiciable Directive Principles of State Policy (inspired by Ireland).
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Legacy: Rau’s draft became the working document for the Drafting Committee and shaped nearly three-quarters of the Constitution’s structure.
Limitations
Rau’s role, though foundational, was advisory. As a bureaucrat, he could not participate in debates or amendments within the Assembly. His work provided the skeleton, awaiting political and philosophical substance.
Dr. B. R. Ambedkar: Chairman of the Drafting Committee
Background and Leadership
Appointed Chairman of the Drafting Committee on August 29, 1947, Dr. B. R. Ambedkar—a jurist, economist, and social reformer—brought unmatched intellectual and moral leadership to the process. His deep understanding of law and social justice, shaped by his experiences as a reformer against caste discrimination, gave the Constitution its humane and democratic spirit.
Key Contributions
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Revision and Refinement: Using Rau’s draft as the foundation, Ambedkar and his six committee members revised the document extensively, expanding it to 395 Articles and 8 Schedules by 1949.
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Social Justice and Equality: Ensured constitutional safeguards for Scheduled Castes and Tribes, abolition of untouchability (Article 17), and affirmative action in public life.
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Defending the Constitution: Ambedkar presented and defended every clause in the Constituent Assembly, steering debates over 114 days and addressing over 7,000 amendments.
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Visionary Integration: Merged legal precision with social philosophy—guaranteeing liberty, equality, and fraternity as constitutional cornerstones.
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Centralized Federalism: Advocated a strong center to preserve India’s unity after Partition while maintaining democratic decentralization.
Philosophy and Legacy
Ambedkar’s constitutional vision reflected his belief that “political democracy must rest on the foundation of social democracy.” His synthesis of diverse viewpoints, along with his articulation of rights and justice, gave the Constitution its enduring vitality.
Comparison: B. N. Rau vs. B. R. Ambedkar
Aspect | B. N. Rau | B. R. Ambedkar |
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Position | Constitutional Adviser (non-political) | Chairman, Drafting Committee (elected member) |
Primary Role | Prepared initial draft based on global constitutions | Revised, defended, and finalized the Constitution |
Focus | Legal-technical structure and comparative analysis | Social justice, democracy, and equality |
Timeline | 1946–47 (Preparatory phase) | 1947–49 (Deliberation and adoption phase) |
Output | 240 Articles, 13 Schedules | 395 Articles, 8 Schedules |
Approach | Scholarly, neutral, bureaucratic | Visionary, political, reform-oriented |
Involvement in Debates | None (not an Assembly member) | Full participation; defended provisions clause by clause |
Legacy | “Unsung architect”; provided constitutional skeleton | “Chief Architect”; gave life and purpose to the text |
Collaboration, Not Competition
Despite popular mischaracterizations, there was no rivalry between Rau and Ambedkar. Their roles were sequential and complementary. Rau’s draft gave the Constitution its structure and comparative grounding, while Ambedkar infused it with philosophical coherence and moral direction.
Historians such as Granville Austin describe the process as a model of collaboration between a technocratic draftsman and a visionary reformer—one providing the law, the other the life of the Constitution.
Ambedkar himself acknowledged Rau’s contribution in the Constituent Assembly, stating that the final document owed much to the groundwork laid by the Constitutional Adviser.
The making of the Indian Constitution was not merely a legal exercise but a transformative act of nation-building. B. N. Rau provided the intellectual and structural foundation, while Dr. B. R. Ambedkar ensured that the document reflected India’s democratic soul and commitment to social justice.
To borrow an apt metaphor:
“Rau built the scaffolding; Ambedkar raised the edifice.”
Together, their combined efforts produced a Constitution that continues to guide the world’s largest democracy—balancing governance with liberty, structure with vision, and law with justice.
Sir Benegal Narsing Rau (B.N. Rau) was a prominent Indian jurist who served as India’s representative to the United Nations Security Council from 1950 to 1952, during which time he served as the council’s president in June 1950. He was the constitutional advisor to India’s Constituent Assembly, played a key role in drafting the Indian Constitution, and was later a judge on the International Court of Justice.
Dr. Bhimrao Ramji Ambedkar, also known as Babasaheb, was an eminent Indian jurist, social reformer, and politician who served as India’s first Minister of Law and Justice. He was the chairman of the Drafting Committee of the Constituent Assembly.