Constituent Assembly & Indian Constitution- The Making – UPSC Notes – Indian Polity

Demand for a Constituent Assembly

• In 1935, the Indian National Congress strongly demanded the creation of a Constituent Assembly.
• They rejected the Government of India Act of 1935 because it didn’t provide much citizen involvement in making the constitution.
• M.N. Roy, a supporter of radical democracy and leader of the communist movement in India, proposed the idea of a Constituent Assembly in December 1934.
• The Indian National Congress, led by Pt. Jawahar Lal Nehru, discussed this in a session in Lucknow in April 1936.
• C. Rajagopalachari advocated for the Constituent Assembly on November 15, 1939, and the British accepted the demand in August 1940.
• The first elections for the Constituent Assembly were held under the Cabinet Mission Plan in 1946.
• The Constituent Assembly drafted the Indian Constitution, which came into effect on May 16, 1946, following the Cabinet Mission Plan.
• The Muslim League opposed the assembly, boycotting it after unsuccessful attempts to halt its formation.
• The Constituent Assembly held its inaugural session on December 9, 1946, and its final session on January 24, 1950.

Composition of the Constituent Assembly

• The Constituent Assembly had a total membership of 389 individuals.
• 292 members represented the provinces.
• 93 members represented the princely states.
• Four members were from the chief commissioner provinces, including Delhi, Ajmer-Merwara, Coorg, and British Baluchistan.

Working of the Constituent Assembly

Working of the Constituent Assembly – Methodology:

• The Constituent Assembly operated in an organized, open, and consensual manner.
• Fundamental ideas were agreed upon initially, and then, under the chairmanship of Dr. B.R. Ambedkar, a Drafting Committee was formed to draft the constitution for debate.
• The Draft Constitution underwent thorough debates in several rounds, with approximately 2,000 modifications considered.
• Over a span of three years, the members deliberated for 114 days.
• Every document and spoken word in the Constituent Assembly was meticulously documented and preserved, known as the ‘Constituent Assembly Debates,’ printed in 12 volumes. These debates are used to interpret the Constitution’s meaning.

Working of the Constituent Assembly – Timeline:

• The Constituent Assembly held its first meeting on December 9, 1946.
• Dr. Sachchidananda Sinha was elected as the temporary president, following the French practice.
• On December 11, 1946, Dr. Rajendra Prasad was elected as the president, with H.C. Mukherjee and V.T. Krishnamachari as Vice-Presidents.
• On December 13, 1946, Jawaharlal Nehru submitted the “Objective Resolution,” outlining the core principles of the constitution, which later became the Preamble. It was unanimously adopted on January 22, 1947.
• Besides drafting the constitution, the Constituent Assembly also ratified India’s Commonwealth membership in May 1949.
• The National Flag was adopted on July 22, 1947.
• The National Anthem and National Song were adopted on January 24, 1950.
• Dr. Rajendra Prasad was elected as India’s first President on January 24, 1950.
• Dr. B.R. Ambedkar introduced the final draft of the constitution in the Assembly on November 4, 1948.
• The Constitution, adopted on November 26, 1949, consisted of a preamble, 395 Articles, and 8 Schedules.

Total Number of Days:

• The Constituent Assembly took 2 years, 11 months, and 18 days to draft the constitution.
• The cost of drafting the constitution was Rs. 64 lakhs.

Committees of the Constituent Assembly

• The Committees of the Constituent Assembly were appointed to draft a new constitution for Independent India after gaining independence from the British in 1947.
• These committees were categorized into 8 major committees and 14 minor committees.
• The Constitution Committee was elected by the provincial assembly, and the members of these committees, forming the Constituent Assembly, functioned as the nation’s first Parliament, often referred to as the ‘Provisional Parliament of India’.
• A total of 22 committees were selected to handle various tasks related to the making of the Constitution. This included crucial committees like the Steering Committee and the Drafting Committee. These committees played a vital role in shaping the constitutional framework of independent India.

In 1946, the Constituent Assembly convened for the first time and established 22 committees to address various aspects of constitution-making. These committees played a crucial role in shaping the framework of the Indian Constitution for Independent India.

Categories of Constituent Assembly Committees:

1. Drafting Committee:
   • The Drafting Committee holds significant importance in Indian political history, playing a vital role in the actual drafting of the constitution.
2. Constitutional Committee on Procedural Affairs:
   • This committee dealt with procedural matters, ensuring clarity and efficiency in the law-making process.
3. Indian Constitution Committee on Substantive Affairs:
   • Focused on substantive matters, this committee contributed to shaping the substantial content and provisions of the Indian Constitution.

Major Committees of the Constituent Assembly:

The Constituent Assembly established a total of 22 committees, with 8 among them considered as major committees, each playing a crucial role in shaping the Indian Constitution. Here is an overview of these major committees and their respective chairpersons:

1. Union Powers Committee – Chairman: Jawaharlal Nehru:
   • Focused on determining the powers of the Union.
2. Union Constitution Committee – Chairman: Jawaharlal Nehru:
   • Dedicated to framing the constitution of the Union.
3. Provincial Constitution Committee – Chairman: Sardar Patel:
   • Addressed matters related to the constitution of provinces.
4. Drafting Committee – Chairman: Dr. B.R. Ambedkar:
   • Held a pivotal role in drafting the constitution.
5. Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas – Chairman: Sardar Patel:
   • Deliberated on crucial issues related to fundamental rights, minorities, and tribal/excluded areas.
6. Rules of Procedure Committee – Chairman: Dr. Rajendra Prasad:
   • Formulated rules to guide the proceedings of the Constituent Assembly.
7. States Committee (Committee for Negotiating with States) – Chairman: Jawaharlal Nehru:
   • Involved in negotiations with various states.
8. Steering Committee – Chairman: Dr. Rajendra Prasad:
   • Provided direction and guidance to the assembly’s deliberations.

Additionally, the Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas had sub-committees:

• Fundamental Rights Committee – Chairman: J.B. Kripalani
• Minorities Committee – Chairman: H.C. Mukherjee
• North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Committee – Chairman: Gopinath Bardoloi
• Excluded and Partially Excluded Areas Committee – Chairman: A.V. Thakkar
• North-West Frontier Tribal Areas Sub-Committee – Chairmanship details unavailable, but notable members included Khan Abdul Ghaffar Khan, Khan Abdul Samad Khan, and Mehr Chand Khanna.

Drafting Committee of the Indian Constitution:

• Chairman: Dr. B.R. Ambedkar
  • Formation: The Drafting Committee, responsible for crafting the new constitution, was established on 29 August 1947.
  • Members:
    1. N Gopalaswamy Ayyangar
    2. Muhammad Saadullah
    3. KM Munshi
    4. Alladi Krishnaswami Ayyar
    5. Dr. DP Khaitan (Replaced by TT Krishnamachari)
    6. N Madhava Rao (replaced BL Mittar following his resignation on health grounds).

Minor Committees of the Constituent Assembly:

Here is a list of some minor committees and their respective chairpersons:

1. Finance and Staff Committee – Chairman: Dr. Rajendra Prasad
2. Credentials Committee – Chairman: Alladi Krishnaswami Ayyar
3. House Committee – Chairman: B. Pattabhi Sitaramayya
4. Order of Business Committee – Chairman: Dr. K.M. Munshi
5. Ad-hoc Committee on the National Flag – Chairman: Dr. Rajendra Prasad
6. Committee on the Functions of the Constituent Assembly – Chairman: G.V. Mavalankar
7. Ad-hoc Committee on the Supreme Court – Chairman: S. Varadachari
8. Committee on Chief Commissioners’ Provinces – Chairman: B. Pattabhi Sitaramayya
9. Expert Committee on the Financial Provisions of the Union Constitution – Chairman: Nalini Ranjan Sarkar
10. Linguistic Provinces Commission – Chairman: S.K. Dar
11. Special Committee to Examine the Draft Constitution – Chairman: Jawaharlal Nehru
12. Press Gallery Committee – Chairman: Usha Nath Sen
13. Ad-hoc Committee on Citizenship – Chairman: S. Varadachari

Work Stages of Committees of the Constituent Assembly:

1. Committees submitted information on matters:
   • Various committees of the Constituent Assembly gathered and submitted information on different aspects related to constitution-making.
2. B. N. Rau formulated an initial draft:
   • B. N. Rau, taking into account the reports from the committees and analyzing constitutions of other nations, formulated an initial draft.
3. B. R. Ambedkar suggested an elaborate draft for public discussion:
   • Dr. B. R. Ambedkar suggested a comprehensive draft constitution that was issued for public discussion, encouraging public input.
4. Draft examined, revisions indicated, and passed:
   • The draft constitution underwent examination, and revisions were indicated and subsequently passed by the Constituent Assembly.
5. Constitution set with the Congress Assembly Party:
   • The final setting of the constitution was carried out by a committee of specialists led by the Congress Party, known as the Congress Assembly Party, which played a pivotal role.

Timeline of Constitutional Committee

• 9 December 1946: Constituent Assembly formed, advocating a distinct state.
• 11 December 1946: President appointed – Rajendra Prasad, vice-chairman Harendra Coomar Mookerjee, and constitutional legal counsel B. N. Rau. (Members dropped to 299 after partition from 389).
• 13 December 1946: Jawaharlal Nehru presented an ‘Objective Resolution.’
• 22 January 1947: The resolution was put into effect without opposition.
• 22 July 1947: The national flag was embraced.
• 15 August 1947: India gained independence and was divided into the Dominion of Pakistan and the Dominion of India.
• 29 August 1947: Dr. B. R. Ambedkar became the chairman, and a drafting committee was established.
• 16 July 1948: V. T. Krishnamachari was chosen as the second vice-president of the Constituent Assembly along with Harendra Coomar Mookerjee.
• 26 November 1949: The constituent assembly passed and acquired the Constitution of India.
• 24 January 1950: The Constitution of India was marked and authorized with 395 articles, 8 schedules, and 22 parts during the final meeting.
• 26 January 1950: After 2 years, with a total expense of ₹6.4 million, the Constitution of India came into power.

Constituent Assembly vs. Drafting Committee

Aspect	Constituent Assembly	Drafting Committee
Formation (Year)	Formed in 1946 to draft the Constitution of India.	Formed in 1947 by the Constituent Assembly to prepare a draft of the Constitution.
Membership	Consisted of 389 members elected by Provincial Assemblies.	Consisted of 7 members appointed by the Constituent Assembly.
Chairmanship	Chaired by Dr. Rajendra Prasad.	Chaired by Dr. B.R. Ambedkar.
Responsibility	Responsible for discussing and debating various provisions of the Constitution.	Responsible for preparing a draft of the Constitution based on discussions and debates held by the Constituent Assembly.
Key Role	Primary entity formed to draft the Constitution for Independent India.	Specialized committee within the Constituent Assembly tasked with the preparation of the draft Constitution.

Enactment of the Constitution

The Indian Constitution, the longest in the world, started working on January 26, 1950. It was needed because India, at the time of gaining independence, was huge, diverse, and divided.

To make a Constitution that could unite the country and help it progress, it had to be well-designed and carefully put together. The goal was to bring together people of all classes, castes, and communities and set up democratic institutions in a society used to authority.

The Constitution-making process took place between December 1946 and November 1949. The Constituent Assembly of India, in its eleven sessions over 165 days, debated and refined the recommendations, working on them clause by clause. Committees and subcommittees also played a role in reviewing and improving the draft.

You’ve learned about the Indian Constitution in your political science textbooks. In this article, we’ll look at how it was enacted, its history, and the disagreements during its creation.

Why and How was the Indian Constitution Drafted?

The Constituent Assembly was formed on August 14, 1947, with members chosen through an indirect election. The Government of India Act of 1935 guided this process. Each province and princely state got seats based on their populations, with communities like Sikhs, Muslims, and generals having representation. Each community elected its representative using proportional representation.

The Procedure of Making the Constitution

Public reasoning played a crucial role in the Constituent Assembly’s work. Eight committees, led by figures like Rajendra Prasad, Jawaharlal Nehru, B.R. Ambedkar, and Sardar Patel, covered various themes. Despite differences, they collaborated. Each committee drafted specific parts of the Constitution, debated by the entire Assembly. Attempts were made to create consensus, and contentious issues were voted upon.

The Assembly met for 166 days over nearly three years, with open meetings for the press and the public.

Main Aspects of the Resolution of Objectives

1. India is a sovereign republic and an independent country.
2. Our country and its states willingly form a union.
3. The territories are autonomous units, using all powers except those given to the union.
4. Safeguards are provided for justice, social equality, economic opportunities, and fundamental rights.
5. The integrity of the Indian republic’s territory is maintained.

Enforcement of the Constitution

The Constitution of India became effective on 26th November 1949. A special committee was formed to draft the Constitution, and its enforcement took place on 26th January 1950. Enforcement involves ensuring people follow laws, rules, or that a specific event occurs, known as constitutional enforcement.

Enforcement of the Constitution – Historical Background

The Indian Constitution came into effect on January 26, 1950. The Assembly ceased to exist on that date, and the Provisional Parliament of India was formed until a new Parliament took shape in 1952. The choice of 26th January for the Constitution’s enforcement commemorates the significant day in 1930 when Purna Swaraj was celebrated, and the tricolor flag of Indian independence was unfurled after a resolution of the Indian National Congress’s Lahore Session (December 1929).

Enforcement of the Constitution

Certain articles, such as 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, and 393 related to citizenship, elections, provisional parliament, temporary and transitional measures, and the short title, came into effect on November 26, 1949. The majority of the Constitution’s remaining clauses went into effect on January 26, 1950, referred to as the “day of its start,” celebrated as Republic Day due to its historical significance.

The choice of January 26 as the Constitution’s ‘day of commencement’ is tied to the historical observance of Purna Swaraj Day in 1930, following a resolution passed by the INC’s Lahore Session (December 1929).

Criticism of The Constituent Assembly

Background: The Constituent Assembly of India was formed in 1946 based on the recommendations of the Cabinet Mission. Under the chairmanship of Dr. B.R. Ambedkar, a Drafting Committee was set up on August 29, 1947, to prepare a Constitution. The Constitution was adopted on November 26, 1949, and came into force on January 26, 1950.

Limitations Criticized:

1. Not a Representative Body: Critics argue that the Constituent Assembly was not representative as its members were not directly elected by the people using universal adult franchise.
2. Not a Sovereign Body: Some critics maintain that the Constituent Assembly lacked sovereignty as it was created based on British Government proposals. They argue that the Assembly operated with the permission of the British Government.
3. Time-Consuming: Critics point out that the Constituent Assembly took an excessively long time to draft the Constitution. They compare this unfavorably to the American Constitution framers, who completed their work in just four months.
4. Dominated by Congress: Critics charge that the Constituent Assembly was dominated by the Congress party. Granville Austin, a British Constitutional expert, described it as a “one-party body in an essentially one-party country.”
5. Lawyer-Politician Domination: Some critics argue that the Constituent Assembly was predominantly composed of lawyers and politicians, neglecting proper representation for other sections of society. This, they claim, led to the Constitution’s bulkiness and complicated language.
6. Dominated by Hindus: According to certain critics, the Constituent Assembly was perceived as Hindu-dominated. Lord Viscount Simon referred to it as ‘a body of Hindus,’ and Winston Churchill commented that it represented ‘only one major community in India.’

Key Facts Related to the Constituent Assembly of India

Key Facts	Details
First Meeting of Constituent Assembly	December 9, 1946
Role of Muslim League	No participation, boycotted citing demand for partition
Objective Resolution	– Enshrined aspirations and values
	– Adopted on January 22, 1947
	– Moved by Jawaharlal Nehru on December 13, 1946
National Flag of the Union Adoption	July 22, 1947
Constitution Framing Duration	– 2 years, 11 months, and 17 days
	– Money spent: Rs. 64 lakhs
Adoption of National Anthem	January 24, 1950
Number of Articles in Final Constitution	– 22 parts, 395 articles, 8 schedules
Number of Sessions	11 sessions
Draft Publication	– Published in January 1948
	– Feedback sought from people within 8 months
Last Session	November 14–26, 1949
	Constitution passed and adopted on November 26, 1949
Constitution Enforcement (Republic Day)	January 26, 1950

1. Why did the Indian National Congress demand a Constituent Assembly in 1935?
   • Answer: The Indian National Congress demanded a Constituent Assembly in 1935 because the Government of India Act of 1935, which was rejected by them, lacked citizen involvement in constitution-making.
2. Who proposed the idea of a Constituent Assembly in December 1934?
   • Answer: M.N. Roy, a supporter of radical democracy and leader of the communist movement in India, proposed the idea of a Constituent Assembly in December 1934.
3. When were the first elections for the Constituent Assembly held, and under which plan
   • Answer: The first elections for the Constituent Assembly were held under the Cabinet Mission Plan in 1946.
4. Who was the Chairman of the Drafting Committee of the Constituent Assembly?
   • Answer: Dr. B.R. Ambedkar was the Chairman of the Drafting Committee of the Constituent Assembly.
5. What is the significance of the “Objective Resolution” presented on December 13, 1946
   • Answer: The “Objective Resolution” outlined the core principles of the constitution and later became the Preamble. It was adopted unanimously on January 22, 1947.
6. Why did the Muslim League boycott the Constituent Assembly?
   • Answer: The Muslim League boycotted the Constituent Assembly after unsuccessful attempts to halt its formation, citing their demand for the partition of India.
7. How long did the Constituent Assembly take to draft the Indian Constitution?
   • Answer: The Constituent Assembly took 2 years, 11 months, and 18 days to draft the Indian Constitution.
8. How many members were there in the Constituent Assembly, and how were they categorized?
   • Answer: The Constituent Assembly had a total of 389 members, with 292 representing the provinces, 93 representing the princely states, and four from the chief commissioner provinces.
9. Which committee played a pivotal role in drafting the constitution under the chairmanship of Dr. B.R. Ambedkar?
   • Answer: The Drafting Committee, chaired by Dr. B.R. Ambedkar, played a pivotal role in drafting the constitution.
10. What was the cost of drafting the Indian Constitution?
    • Answer: The cost of drafting the Indian Constitution was Rs. 64 lakhs.

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