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Constituent Assembly of India

UPSC Civil Services• POLITY• Making of the Constitution
Explains the formation, composition, functioning and major committees of the Constituent Assembly, including the Objectives Resolution, Drafting Committee, role of B.R. Ambedkar, important constitutional dates, its dual legislative role and criticisms regarding representation.

Constituent Assembly of India

1. Introduction

The Constituent Assembly was the body responsible for framing the Constitution of independent India.

It was formed under the framework of the Cabinet Mission Plan of 1946.

The Assembly first met on 9 December 1946.

Its work ultimately resulted in the adoption of the Constitution on 26 November 1949.

The Constitution came into force on 26 January 1950.


2. Background

The demand for a Constituent Assembly developed during the Indian national movement.

The basic idea was that India's Constitution should be framed by representatives of the Indian people rather than imposed by the British Parliament.

The demand was strongly associated with the Indian national movement and was formally articulated by the Indian National Congress in 1934.

The British government eventually accepted the principle of constitution-making through an Indian Constituent Assembly.


3. Cabinet Mission Plan, 1946

The Constituent Assembly was established under the Cabinet Mission Plan of 1946.

The Cabinet Mission consisted of:

  • Lord Pethick-Lawrence
  • Sir Stafford Cripps
  • A.V. Alexander

The plan proposed a Constituent Assembly to frame India's Constitution.


4. Composition of the Constituent Assembly

The original strength of the Constituent Assembly was 389 members.

It consisted of:

  • 296 representatives from British Indian provinces
  • 93 representatives from princely states

The provincial representatives were elected by the members of the provincial legislative assemblies.

Representatives of princely states were nominated by the rulers of those states.

Therefore, the Constituent Assembly was not elected through universal adult franchise.


5. After Partition

After the partition of British India, the Constituent Assembly was reorganised.

The membership was reduced from:

389 → 299

The Indian Constituent Assembly then consisted of:

  • 229 representatives from provinces
  • 70 representatives from princely states

The Assembly became the sovereign constitution-making body of India after independence.


6. First Meeting

The Constituent Assembly met for the first time on:

9 December 1946

The meeting was held in New Delhi.

Dr. Sachchidananda Sinha served as the temporary Chairman.


7. Permanent President

On 11 December 1946, Dr. Rajendra Prasad was elected President of the Constituent Assembly.

He later became the first President of the Republic of India.


8. Vice-President

H.C. Mookherjee served as the Vice-President of the Constituent Assembly.

He played an important role in the functioning of the Assembly.


9. Constitutional Adviser

B.N. Rau served as the Constitutional Adviser to the Constituent Assembly.

He prepared important constitutional material and studied constitutional systems from different countries.

His work assisted the Drafting Committee and the Assembly in developing the constitutional framework.


10. Objectives Resolution

The Objectives Resolution was moved by Jawaharlal Nehru on:

13 December 1946

It was adopted by the Constituent Assembly on:

22 January 1947

The Resolution outlined the basic philosophy and objectives that would guide constitution-making.

It emphasised:

  • Sovereignty of the people
  • Independent India
  • Justice
  • Equality
  • Freedom
  • Protection of minorities
  • Federal constitutional structure

The Objectives Resolution later influenced the Preamble to the Constitution.


11. Drafting Committee

The Drafting Committee was established on:

29 August 1947

Its Chairman was:

Dr. B.R. Ambedkar

The Drafting Committee was responsible for preparing the draft Constitution based on the decisions of the Constituent Assembly and the work of various committees.


12. Members of Drafting Committee

The original Drafting Committee consisted of seven members:

  1. Dr. B.R. Ambedkar — Chairman
  2. N. Gopalaswami Ayyangar
  3. Alladi Krishnaswami Ayyar
  4. K.M. Munshi
  5. Mohammad Saadulla
  6. B.L. Mitter
  7. D.P. Khaitan

Changes in membership occurred later because of resignations and deaths.


13. Important Committees

The Constituent Assembly worked through numerous committees.

Important committees included:

Union Powers Committee

Chairman:

Jawaharlal Nehru

It examined the distribution of powers between the Union and provinces.


Union Constitution Committee

Chairman:

Jawaharlal Nehru

It examined the structure of the Union government.


Provincial Constitution Committee

Chairman:

Sardar Vallabhbhai Patel

It dealt with constitutional arrangements for provinces.


Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas

Chairman:

Sardar Vallabhbhai Patel

It considered:

  • Fundamental Rights
  • Minority safeguards
  • Tribal areas
  • Excluded areas

Rules of Procedure Committee

Chairman:

Dr. Rajendra Prasad

It dealt with the procedures governing the functioning of the Assembly.


14. Role of B.R. Ambedkar

Dr. B.R. Ambedkar served as Chairman of the Drafting Committee.

He played a central role in:

  • Drafting constitutional provisions
  • Defending the draft before the Assembly
  • Explaining constitutional provisions
  • Integrating decisions taken by various committees

He is therefore widely recognised as the chief architect of the Indian Constitution, while constitution-making itself was a collective effort of the Constituent Assembly and its committees.


15. Time Taken

The Constituent Assembly took approximately:

2 years, 11 months and 18 days

to complete the Constitution.

It held 11 sessions and conducted extensive debates on constitutional provisions.


16. Adoption of the Constitution

The Constituent Assembly adopted the Constitution on:

26 November 1949

This date is observed as:

Constitution Day


17. Signing of the Constitution

Members of the Constituent Assembly signed the Constitution on:

24 January 1950

The Constitution was signed by the members who remained in the Assembly at that time.


18. Coming into Force

The Constitution came into force on:

26 January 1950

This date was chosen to commemorate the declaration of Purna Swaraj adopted by the Indian National Congress in 1930.


19. Constituent Assembly as Legislature

After independence, the Constituent Assembly performed two functions:

Constituent Function

It framed the Constitution.

Legislative Function

It also functioned as the legislature of independent India.

This continued until the Constitution came into force and the first general elections were held.

The legislative and constitution-making functions were conducted separately when necessary.


20. Sovereign Status After Independence

The Indian Independence Act, 1947 transformed the Constituent Assembly into a sovereign body.

Before independence, the Assembly was established under the Cabinet Mission framework.

After independence, it was no longer subordinate to the British Parliament for its constitution-making function.

This was an important step toward constitutional sovereignty.


21. Criticism of the Constituent Assembly

The Constituent Assembly faced several criticisms.

21.1 Not Directly Elected

Members were primarily elected indirectly by provincial legislatures.

21.2 Congress Dominance

The Congress had a dominant position in the Assembly.

21.3 Princely States

Representatives of princely states were nominated rather than directly elected.

21.4 Limited Representation

The Assembly did not represent the entire population through universal adult franchise.

However, despite these limitations, the Assembly included representatives with diverse political, legal, social and administrative experience.


22. Why the Constituent Assembly Was Important

The Assembly:

  • Framed the Constitution
  • Debated fundamental principles
  • Established the structure of government
  • Defined Fundamental Rights
  • Established federal relations
  • Created constitutional institutions
  • Balanced individual liberty and social justice
  • Provided safeguards for minorities
  • Established parliamentary democracy

23. Constituent Assembly: Important Dates

DateEvent
1946Cabinet Mission Plan
9 Dec 1946First meeting
11 Dec 1946Rajendra Prasad elected President
13 Dec 1946Objectives Resolution moved
22 Jan 1947Objectives Resolution adopted
29 Aug 1947Drafting Committee established
26 Nov 1949Constitution adopted
24 Jan 1950Constitution signed
26 Jan 1950Constitution came into force

UPSC Prelims Focus

Remember:

1946 → Constituent Assembly established

9 December 1946 → First meeting

Sachchidananda Sinha → Temporary Chairman

Rajendra Prasad → President

B.N. Rau → Constitutional Adviser

29 August 1947 → Drafting Committee

B.R. Ambedkar → Chairman of Drafting Committee

26 November 1949 → Constitution adopted

24 January 1950 → Constitution signed

26 January 1950 → Constitution came into force


UPSC Mains Dimensions

The Constituent Assembly can be analysed through:

  1. Constitutional — framing the basic law of India
  2. Democratic — representation and deliberation
  3. Institutional — creation of parliamentary and federal institutions
  4. Social — Fundamental Rights and social justice
  5. Federal — Union-State relations
  6. Historical — transition from colonial rule to constitutional democracy

Mains-ready conclusion

The Constituent Assembly transformed the political aspirations of the freedom movement into a comprehensive constitutional framework. Despite not being elected through universal adult franchise, its extensive debates, committee system and broad intellectual representation enabled it to create a Constitution that combined democracy, liberty, equality, social justice, federalism and constitutional government.


Quick Revision

Cabinet Mission Plan, 1946 → Constituent Assembly

Original strength → 389

After Partition → 299

First meeting → 9 December 1946

President → Rajendra Prasad

Constitutional Adviser → B.N. Rau

Drafting Committee Chairman → B.R. Ambedkar

Constitution adopted → 26 November 1949

Constitution signed → 24 January 1950

Constitution came into force → 26 January 1950

Core idea

The Constituent Assembly converted India's struggle for self-government into a constitutional framework for an independent democratic republic.