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Did B. N. Rau Really Write India’s Constitution? The Truth Every Indian Must Know

Dr. B. R. Ambedkar vs B. N. Rau — Who Really Built India’s Constitution?

New Delhi • Constitutional History • 26 November 1949
Dr. B. R. Ambedkar and B. N. Rau — the truth behind India’s Constitution making debate, historical comparison.

Introduction

India’s Constitution is at once a legal instrument and a political manifesto: drafted, debated and adopted in the turbulent years around independence, it became the blueprint of a newly sovereign nation. Public memory often conflates contributors and credits; among the most persistent confusions is the role of Benegal Narsing Rau (B. N. Rau) vis-à-vis Dr. B. R. Ambedkar. This article examines archival records, Constituent Assembly debates and published scholarship to clarify who did what, and why Dr. Ambedkar is widely acknowledged as the Constitution’s architect.

B. N. Rau — The Constitutional Advisor

Benegal Narsing Rau was an eminent civil servant and jurist appointed as the Constituent Assembly’s Constitutional Advisor in 1946. Rau undertook an important comparative study of foreign constitutions (United States, United Kingdom, Ireland, Canada, Australia and USSR among others) and consolidated legal drafts and notes. In October 1947 he completed a “Preliminary Draft” that the Assembly circulated as a working document. The draft supplied structure and reference points — a legal skeleton — but it did not contain the final set of provisions that came to define India’s polity.

Rau’s work was technical and invaluable: he provided a methodical starting point for lawmakers. Yet his role remained advisory. He was not a member of the seven-member Drafting Committee constituted on 29 August 1947; his draft was taken up, amended and extensively rewritten by the committee under its chairman.

Dr. B. R. Ambedkar — The Drafting Committee Chairman

Dr. Bhimrao Ramji Ambedkar, appointed Chairman of the Drafting Committee, played a decisive role between August 1947 and November 1949. The committee consisted on paper of seven members, but in practice several were frequently absent or preoccupied. Ambedkar accepted the burden of drafting, reworking, and defending the text in the Constituent Assembly over long sessions of debate.

“The task of drafting the Constitution was a Herculean one. Dr. Ambedkar did it almost single-handedly, as many members were busy or away.” — T. T. Krishnamachari, Constituent Assembly Debates, Vol. XI, p. 979

Ambedkar coordinated thousands of amendments, integrated the inputs of committees, introduced clear legal architecture for fundamental rights, federal relations and the judiciary, and presented the final document for adoption on 26 November 1949. His contributions were not merely editorial; they shaped the Constitution’s substantive commitments to social justice, equality and civil liberty.

Why Many Members Were Not Fully Available

Many of the Drafting Committee’s appointed members were, for various reasons, unable to contribute full-time. N. Gopalaswami Ayyangar was frequently tied to matters relating to Jammu and Kashmir; Syed Mohammad Saadulla had pressing administrative responsibilities in Assam; Alladi Krishnaswamy Ayyar suffered recurring health problems; D. P. Khaitan died in 1948 and was replaced; and B. L. Mitter resigned due to ill health. The consequence was that Ambedkar shouldered most drafting work — a fact acknowledged in Assembly records and later historical accounts.

Differences Between Rau’s Draft and the Final Constitution

Rau’s October 1947 Preliminary Draft provided useful headings and legal language. But crucial differences remained: Rau’s text did not set out the set of Fundamental Rights as finally adopted; federal provisions were less elaborate; judicial review and the structure of the Supreme Court needed fleshing out. The Drafting Committee expanded, rewrote and in many places replaced Rau’s clauses — often introducing original provisions that reflected Indian political and social imperatives.

AspectB. N. RauDr. B. R. Ambedkar
PositionConstitutional AdvisorChairman, Drafting Committee
Timeframe1946–1947 (draft)1947–1949 (finalisation)
ContributionPreliminary Draft & legal researchFinal text, defence & framing of major provisions
Assembly RoleAdvisorActive debater & presenter

Primary Sources & Scholarship

The best primary source remains the Official “Constituent Assembly Debates” (1946–49) where members’ statements, committee reports and debates are recorded. Secondary scholarship — notably Granville Austin’s landmark work, Durga Das Basu’s legal commentary and Subhash Kashyap’s constitutional primers — corroborates the sequence: Rau prepared the draft; Ambedkar and the Drafting Committee produced the constitution as adopted.

Conclusion

In short: B. N. Rau provided the intellectual and technical scaffolding upon which the Constituent Assembly could build. Dr. B. R. Ambedkar, working under difficult conditions and with limited committee participation, supplied the legal engineering, political vision and rhetorical defence that converted that scaffolding into the living Constitution. To equate Rau’s role with that of the author of the Constitution is to mistake an essential input for the act of construction itself.

References: Constituent Assembly Debates (Vols. I–XI), Granville Austin, The Indian Constitution: Cornerstone of a Nation (OUP), Durga Das Basu, Introduction to the Constitution of India, Subhash Kashyap, National Archives — Drafting Committee Records (1947–48).

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