1934: The idea of a Constituent Assembly for India was first proposed by M.N. Roy, a pioneer of the communist movement in India.
1935: The Indian National Congress (INC) officially demanded the formation of a Constituent Assembly to frame India’s Constitution.
Congress Position on Constitution Making
1938: Jawaharlal Nehru, on behalf of INC, declared that the Constitution of free India must be:
Framed without outside interference, and
Drafted by a Constituent Assembly elected on the basis of adult franchise.
British Government’s Response
1940 – August Offer: The British Government accepted the demand in principle, marking official recognition of the idea.
1942 – Cripps Mission:
Sir Stafford Cripps came with a proposal allowing India to frame its own Constitution after World War II.
However, the Cripps Proposals were rejected by the Muslim League, which demanded:
Division of India into two autonomous states,
Creation of two separate Constituent Assemblies.
Cabinet Mission Plan (1946)
Rejected the idea of two separate assemblies.
Proposed a single Constituent Assembly to frame the Constitution, accommodating various political interests.
Composition of the Constituent Assembly
The Constituent Assembly was formed in November 1946 under the Cabinet Mission Plan. Its key features were:
Total strength: 389 members
296 from British Indian Provinces
292 from 11 Governor’s Provinces
4 from 4 Chief Commissioner’s Provinces (1 each)
93 from Princely States
Seat allocation criteria:Based on population (1 seat per million)
Each province and princely state (or group of states in case of small states) were to be allotted seats in proportion to their respective population.
The seats allotted to each British Indian province were further divided among three principal communities
Muslims
Sikhs
General category (all others except Muslims and Sikhs)
The division was done in proportion to their respective population within the province.
Election method:
Indirect election by members of provincial legislative assemblies
Proportional representation using single transferable vote
Princely States’ Representation:
Their 93 seats were to be nominated by the heads of princely states
Hence,Constituent Assembly was to be a partly elected and partly nominated body.
The Assembly included all important personalities of India at that time, with the exception of Mahatma Gandhi.
Working of the Constituent Assembly
First meeting of the Constituent Assembly : 9 December 1946
Boycotted by Muslim League;
211 members attended
Dr. Sachchidananda Sinha (Oldest member): Temporary President (Elected as per French practice.
Permanent President: Dr. Rajendra Prasad
Vice-Presidents: H.C. Mukherjee and V.T. Krishnamachari
Objectives Resolution
On December 13, 1946, Jawaharlal Nehru moved the historic Objectives Resolution in the Constituent Assembly.
The resolution laid down the fundamental principles and guiding philosophy for the future Constitution of India.
The Objectives Resolution was unanimously adopted by the Constituent Assembly on January 22, 1947.
It deeply influenced the drafting and shaping of the Indian Constitution at every stage.
A modified version of this resolution later became the Preamble to the Constitution of India.
Changes Introduced by the Indian Independence Act, 1947
The Indian Independence Act of 1947 brought major constitutional and political changes in the status and functioning of the Constituent Assembly:
Key Changes under the Act
The Act made three major changes:
Full Sovereignty:
The Assembly became a sovereign body with the power to frame any Constitution it pleased.
It could repeal or amend any British law applicable to India.
Dual Functioning (Legislative + Constituent):
The Assembly began functioning both as a Constitution-making body and a legislative body.
Meetings were held on separate days for each function.
Dr. Rajendra Prasad presided as Chairman when acting as the Constituent Assembly.
G.V. Mavlankar presided when acting as the Legislative Assembly.
This dual role continued until November 26, 1949, when the task of making the Constitution was over.
Withdrawal of Muslim League Members from Pakistan Areas:
Post-partition, Muslim League members from areas going to Pakistan withdrew from the Indian Constituent Assembly.
As a result, the total membership was reduced from 389 to 299:
British Indian provinces: from 296 to 229
Princely states: from 93 to 70
Other Functions Performed by the Constituent Assembly
Besides Constitution-making and enacting laws, the Assembly also:
Ratified India’s membership in the Commonwealth – May 1949
Adopted the National Flag – July 22, 1947
Adopted the National Anthem – January 24, 1950
Adopted the National Song – January 24, 1950
Elected Dr. Rajendra Prasad as the first President of India – January 24, 1950
Timeline
The Assembly held 11 sessions over 2 years, 11 months, and 18 days.
The Constitution was framed after studying around 60 Constitutions globally.
Draft Constitution was considered for 114 days.
Total cost of Constitution-making: ₹64 lakh.
Final Session and Transition
Final session: January 24, 1950.
On January 26, 1950, the Constitution came into effect.
The Assembly continued to function as the Provisional Parliament of India until the first elected Parliament was constituted after the 1951–52 general elections.
Committees of the Constituent Assembly
To manage the extensive task of constitution-making, the Constituent Assembly appointed several committees. These were divided into Major Committees and Minor Committees. Among them, the Drafting Committee played the most crucial role in shaping the Constitution of India.
Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas – Sardar Patel
Sub-Committees under Advisory Committee:
Fundamental Rights Sub-Committee – J.B. Kripalani
Minorities Sub-Committee – H.C. Mukherjee
North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee – Gopinath Bordoloi
Excluded and Partially Excluded Areas (other than Assam) Sub-Committee – A.V. Thakkar
North-West Frontier Tribal Areas Sub-Committee
Rules of Procedure Committee – Dr. Rajendra Prasad
States Committee (Negotiating with States) – Jawaharlal Nehru
Steering Committee – Dr. Rajendra Prasad
Minor Committees and their Chairmen
Finance and Staff Committee – Dr. Rajendra Prasad
Credentials Committee – Alladi Krishnaswami Ayyar
House Committee – B. Pattabhi Sitaramayya
Order of Business Committee – Dr. K.M. Munshi
Ad-hoc Committee on National Flag – Dr. Rajendra Prasad
Committee on the Functions of the Constituent Assembly – G.V. Mavalankar
Ad-hoc Committee on the Supreme Court – S. Varadachari (Not a member of Assembly)
Committee on Chief Commissioners’ Provinces – B. Pattabhi Sitaramayya
Expert Committee on Financial Provisions – Nalini Ranjan Sarkar (Not a member of Assembly)
Linguistic Provinces Commission – S.K. Dar (Not a member of Assembly)
Special Committee to Examine the Draft Constitution – Jawaharlal Nehru
Press Gallery Committee – Usha Nath Sen
Ad-hoc Committee on Citizenship – S. Varadachari (Not a member of Assembly)
The Drafting Committee – Most Crucial of All
Formed on: August 29, 1947
Task: Drafting the Constitution of India
Chairman: Dr. B.R. Ambedkar
Members of the Drafting Committee
Dr. B.R. Ambedkar (Chairman)
N. Gopalaswamy Ayyangar
Alladi Krishnaswamy Ayyar
Dr. K.M. Munshi
Syed Mohammad Saadullah
N. Madhava Rau (replaced B.L. Mitter due to ill-health)
T.T. Krishnamachari (replaced D.P. Khaitan after his death in 1948)
Work Accomplished
First Draft Published: February 1948
Second Draft Published: October 1948
Finalization: Drafting Committee completed its work in less than 6 months.
Meetings held: 141 days in total.
Enactment of the Constitution of India
The process of enacting the Constitution was long and detailed, marked by rigorous debates, numerous amendments, and the visionary leadership of Dr. B.R. Ambedkar.
On November 26, 1949, the Assembly formally adopted the Constitution.
284 members out of 299 signed the Constitution on that historic day.
This date is commemorated as Constitution Day (Samvidhan Divas).
Features of the Adopted Constitution
As enacted, the Constitution contained:
Preamble
395 Articles
8 Schedules
The Preamble was enacted after the entire Constitution was finalized.
Dr. B.R. Ambedkar: Chief Architect of the Constitution
As the Law Minister and Chairman of the Drafting Committee, Dr. Ambedkar played a central role in shaping the Constitution.
Known for his logical, forceful, and persuasive arguments, he earned the title of:
“Father of the Indian Constitution”
“Chief Architect of the Constitution”
“Modern Manu”
Enforcement of the Constitution of India
Partial Enforcement on November 26, 1949
Certain provisions of the Constitution came into force immediately on November 26, 1949, the day the Constitution was adopted.
These included articles related to:
Citizenship (Articles 5 to 11)
Elections (Article 324)
Provisional Parliament (Articles 379 to 388)
Transitional and temporary provisions (Articles 366, 367, 391, 392)
Short title and commencement (Article 393)
Full Enforcement on January 26, 1950
The remaining provisions (i.e., the bulk of the Constitution) came into force on January 26, 1950.
This date is officially referred to in the Constitution as the “date of its commencement.”
Republic Day and Its Historical Significance
January 26 was deliberately chosen to commemorate the Purna Swaraj declaration of 1930, passed at the Lahore Session of the Indian National Congress in December 1929.
Legal Effect
With the commencement of the Constitution, the following were repealed:
Indian Independence Act, 1947
Government of India Act, 1935 (along with all related amendments)
However, the Abolition of Privy Council Jurisdiction Act, 1949 was retained.
Important Facts about the Making of the Indian Constitution
Partial Enforcement on November 26, 1949
Certain provisions of the Constitution came into force immediately on November 26, 1949, the day the Constitution was adopted.
These included articles related to:
Citizenship (Articles 5 to 11)
Elections (Article 324)
Provisional Parliament (Articles 379 to 388)
Transitional and temporary provisions (Articles 366, 367, 391, 392)
Short title and commencement (Article 393)
Full Enforcement on January 26, 1950
The remaining provisions (i.e., the bulk of the Constitution) came into force on January 26, 1950.
This date is officially referred to in the Constitution as the “date of its commencement.”
Republic Day and Its Historical Significance
January 26 was deliberately chosen to commemorate the Purna Swaraj declaration of 1930, passed at the Lahore Session of the Indian National Congress in December 1929.
Legal Effect
With the commencement of the Constitution, the following were repealed:
Indian Independence Act, 1947
Government of India Act, 1935 (along with all related amendments)
However, the Abolition of Privy Council Jurisdiction Act, 1949 was retained.
