The Constituent Assembly of India was a monumental institution, uniquely empowered to design the blueprint of a free India. Between 1946 and 1950, this body of visionaries—including Jawaharlal Nehru, Dr. B.R. Ambedkar, and Sardar Vallabhbhai Patel—navigated complex debates on federalism, secularism, and individual liberties to create one of the world’s most enduring legal documents.
The Indian Constitution remains a living document, serving as the definitive guide for the world’s largest democracy.
I. What is a Constituent Assembly?
A Constituent Assembly is a representative body specifically convened to draft or adopt a new Constitution or to perform significant revisions to an existing one. It holds the ultimate authority to establish the norms governing the political and social framework of a territory.
- Status: In India, it was a partly elected and partly nominated
- Duration: It met for the first time on December 9, 1946, and held its final session on January 24, 1950.
- Transition: From January 26, 1950, until the first general elections in 1951-52, the Assembly functioned as India’s Provisional Parliament.
- Historical Background: The Road to Self-Determination
The demand for a Constituent Assembly was a core pillar of the Indian independence movement. It arose from the rejection of British-imposed laws, such as the Government of India Acts of 1919 and 1935, which granted only limited self-rule while keeping the “keys” to the kingdom (defense, finance, and foreign affairs) in British hands.
Key Milestones in the Demand:
- 1934: N. Roy, a pioneer of the Communist movement, put forward the idea for the first time.
- 1935: The Indian National Congress (INC) officially demanded a Constituent Assembly.
- 1938: Jawaharlal Nehru declared that the Constitution must be framed by an Assembly elected via Adult Franchise without outside interference.
- 1940: The British accepted the demand “in principle” through the August Offer.
- 1942: The Cripps Mission brought a draft proposal for an independent Constitution, but it was rejected by the Muslim League.
- 1946: The Cabinet Mission Plan arrived, rejecting the idea of two separate assemblies and paving the way for the current Assembly.
III. Composition of the Constituent Assembly
The Assembly’s composition was carefully structured under the Cabinet Mission Plan to represent all sections of Indian society.
Total Original Strength: 389 Members
The strength was divided between British India and the Princely States:
| Category | Seats | Selection Method |
| British India | 296 | Indirectly elected by Provincial Legislative Assemblies. |
| Princely States | 93 | Nominated by the respective heads of the states. |
Important Note on Partition: Following the withdrawal of the Muslim League (representing Pakistani territories), the strength was reduced to 299 (229 from British provinces and 70 from Princely states).
Election Process:
- Community-Based Allocation: Seats in British provinces were divided among three principal communities: Muslims, Sikhs, and General, proportional to their population.
- Voting Method: Members were elected via Proportional Representation through a Single Transferable Vote.
IV. Making of the Constitution: A Comprehensive Timeline
The drafting process was a rigorous exercise in deliberation, spanning 2 years, 11 months, and 18 days.
9 Dec 1946: First meeting. The Muslim League boycotted. Dr. Sachchidananda Sinha acted as an interim president.
11 Dec 1946: Dr. Rajendra Prasad was elected President. H.C. Mookerjee and V.T. Krishnamachari were Vice Presidents. Sir B.N. Rau was appointed Constitutional Advisor.
13 Dec 1946: Nehru moved the Objective Resolution, which later became the Preamble. It aimed to secure:
- Equality, justice, and freedom of expression/faith.
- Protection for minorities and backward sections.
- Declaration of India as a Sovereign, Democratic Republic.
July 1947: The Indian Independence Act transformed the Assembly into a fully sovereign body. It could now repeal any British law.
29 Aug 1947: The Drafting Committee was set up under the chairmanship of Dr. B.R. Ambedkar.
26 Nov 1949: The Constitution was adopted. It contained 395 Articles and 8 Schedules.
24 Jan 1950: Final session. The Assembly adopted the National Anthem, National Song, and elected Dr. Rajendra Prasad as the first President.
V. Important Committees and Leadership
The Assembly functioned through various committees to streamline the massive task of research and drafting.
Principal & Drafting Committees
| Committee | Chairperson |
| Drafting Committee | Dr. B. R. Ambedkar |
| Union Powers Committee | J. L. Nehru |
| Union Constitution Committee | J. L. Nehru |
| Provincial Constitution Committee | Sardar Patel |
| Advisory Committee (Fundamental Rights & Minorities) | Sardar Patel |
Organizational Committees
| Committee | Chairperson |
| Rules of Procedure / Steering Committee | Dr. Rajendra Prasad |
| Committee on Functions of Assembly | G. V. Mavlankar |
| States (Negotiating) Committee | J. L. Nehru |
VI. When did the Constitution come into force?
While most provisions were enforced on January 26, 1950, certain Articles (relating to citizenship and elections) came into effect on November 26, 1949.
Why January 26? This date was chosen to honor the 1930 Purna Swaraj declaration made by the INC at the Lahore session.
VII. Criticisms of the Assembly
Despite its success, the Assembly faced several historical criticisms:
- Not Truly Representative: Members were indirectly elected, not via universal adult franchise.
- Time-Consuming: It took nearly 3 years, whereas the US Constitution took only 4 months.
- One-Party Dominance: Critics like Granville Austin argued it was dominated by the Congress Party.
- Legal Overtones: Dominated by lawyers and politicians, making the language complex.
- Community Bias: Winston Churchill famously remarked that the Assembly represented “only one major community in India” (referring to Hindus).
Conclusion: Notwithstanding the criticisms, the Constituent Assembly was a gathering of India’s finest minds who managed to build a document that has survived over 100 amendments while keeping the core democratic values intact.
FAQs
Who was the first President of the Constituent Assembly?
Dr. Sachchidananda Sinha (interim); Dr. Rajendra Prasad was the permanent President.
Who is known as the ‘Modern Manu’?
Dr. B.R. Ambedkar, for his role in drafting the Constitution.
How long did it take to frame the Constitution?
2 years, 11 months, and 18 days.
Was the Constituent Assembly a sovereign body?
Yes, after the Indian Independence Act of 1947.
Who was the Constitutional Advisor?
Sir B.N. Rau.
Who moved the Objective Resolution?
Jawaharlal Nehru on December 13, 1946.
What was the original number of Articles and Schedules?
395 Articles and 8 Schedules.
Did Mahatma Gandhi belong to the Constituent Assembly?
No, Gandhi was not a member of the Assembly.
Who was the first Speaker of the Provisional Parliament?
G.V. Mavlankar.
Which committee was headed by Sardar Patel?
The Provincial Constitution Committee and the Advisory Committee on Fundamental Rights.
