Formation and Working of the Constituent Assembly of India - Composition, Committees, Drafting, and Enforcement of the Constitution. UPSC GS2 Polity Notes.

Formation and Composition of the Constituent Assembly of India

• Initial Concept and Demands

  • M. N. Roy, a pioneer in India's communist movement, first introduced the concept of a Constituent Assembly in 1934.
  • By 1935, the Indian National Congress (INC) had officially placed a demand for such an assembly to frame an independent Constitution for India.
  • In 1938, Jawaharlal Nehru, representing the INC, declared that the Constitution for a free India must be framed without foreign interference by an assembly elected through adult suffrage.

• British Response and Proposals

  • The demand gained British recognition in the August Offer of 1940.
  • In 1942, Sir Stafford Cripps visited India with a draft constitutional proposal to be enacted post–World War II.
    • The Muslim League rejected the proposal, advocating for the creation of two independent nations with separate Constituent Assemblies.
  • Eventually, the Cabinet Mission was dispatched to India.
    • It dismissed the idea of multiple assemblies.
    • Instead, it proposed a unified scheme for the Constituent Assembly, which was generally acceptable to the Muslim League.

• Structure as per Cabinet Mission Plan (November 1946)

  • The Constituent Assembly was formed under the Cabinet Mission Plan with the following key features:
    • (i) Total Strength: 389 members — 296 from British India and 93 from princely states.
    • (ii) Distribution: Out of the 296 British Indian seats:
      • 292 from the eleven Governor’s Provinces.
      • 4 from the Chief Commissioner’s Provinces (one each).
    • (iii) Allocation Basis: Seats allotted in proportion to population — roughly one seat per million people.
    • (iv) Community Representation: Seats divided among Muslims, Sikhs, and General categories according to their share of the population.
    • (v) Election Method: Members elected by their community representatives in Provincial Legislative Assemblies using proportional representation via single transferable vote.
    • (vi) Princely State Members: Nominated by their respective rulers.

• Nature and Election Outcomes

  • The Assembly was thus a partly elected and partly nominated body.
  • Members were indirectly elected since provincial assemblies themselves were chosen through a limited franchise.
  • July–August 1946 Elections:
    • Indian National Congress — 208 seats.
    • Muslim League — 73 seats.
    • Smaller groups & independents — 15 seats.
  • The 93 princely state seats remained vacant initially, as the rulers did not participate.

• Diversity of Representation

  • Despite not being elected by universal adult franchise, the Assembly included representatives from every major section of Indian society — Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Indian Christians, Scheduled Castes, Scheduled Tribes, and women from these groups.
  • It featured almost all notable personalities of the era, except Mahatma Gandhi.

Working of the Constituent Assembly of India

• First Session and Early Leadership

  • The inaugural meeting of the Assembly took place on December 9, 1946.
  • The Muslim League refused to participate, reiterating its demand for a separate Pakistan. As a result, only 211 members attended.
  • Dr. Sachchidanand Sinha, being the senior-most member, was chosen as the temporary President, following the French tradition.
  • Subsequently, Dr. Rajendra Prasad was elected as the permanent President.
  • H.C. Mukherjee and V.T. Krishnamachari were appointed as the two Vice-Presidents.

• The Historic Objectives Resolution

  • On December 13, 1946, Jawaharlal Nehru presented the Objectives Resolution, which laid the philosophical and structural foundation for the Constitution.
  • Main provisions included:
    • (i) Declaring India as an Independent Sovereign Republic.
    • (ii) Uniting British India, Indian States, and other willing territories into a single Union.
    • (iii) Ensuring each unit retained autonomy with residuary powers, except those assigned to the Union.
    • (iv) Affirming that all authority flows from the people.
    • (v) Guaranteeing justice—social, economic, and political—and equality before the law.
    • (vi) Securing freedom of thought, belief, faith, worship, profession, association, and action, subject to law and morality.
    • (vii) Providing safeguards for minorities, backward communities, and tribal areas.
    • (viii) Preserving the integrity and sovereign rights of the Republic over its land, seas, and air.
    • (ix) Aspiring for world peace and the welfare of humankind.
  • This resolution was unanimously adopted on January 22, 1947 and later evolved into the Preamble of the Constitution.

• Transformations After the Independence Act (1947)

  • Representatives from princely states began joining from April 28, 1947.
  • Following the Mountbatten Plan of June 3, 1947, most princely states and members of the Muslim League from the Indian Dominion entered the Assembly.
  • The Indian Independence Act, 1947 introduced three key changes:
    • (i) The Assembly became a fully sovereign body empowered to draft any Constitution and repeal British laws affecting India.
    • (ii) It was vested with a dual role—as Constitution-maker and legislature.
      • When functioning as a Constituent body, it was chaired by Dr. Rajendra Prasad.
      • When acting as a legislature, G.V. Mavlankar presided.
    • (iii) The withdrawal of members from regions allocated to Pakistan reduced the Assembly’s strength from 389 to 299 members.

• Additional Major Decisions

  • (i) Ratified India’s membership in the Commonwealth (May 1949).
  • (ii) Adopted the National Flag (July 22, 1947).
  • (iii) Adopted the National Anthem (January 24, 1950).
  • (iv) Adopted the National Song (January 24, 1950).
  • (v) Elected Dr. Rajendra Prasad as the first President of India (January 24, 1950).

• Duration and Effort

  • The Assembly met in 11 sessions over a period of 2 years, 11 months, and 18 days.
  • Constitution-makers studied the constitutions of around 60 countries.
  • The Draft Constitution was discussed for 114 days.
  • The total cost amounted to ₹64 lakh.

• Final Session and Transition

  • The final session was held on January 24, 1950.
  • From January 26, 1950, it continued as the Provisional Parliament of India until the first General Elections in 1951–52.

Committees of the Constituent Assembly and the Enactment of the Constitution

• Formation of Committees

  • The Constituent Assembly created numerous committees to handle different aspects of constitution-making.
  • Of these, eight were classified as major committees, while the rest were minor committees.

• Major Committees and Chairpersons

  • (i) Union Powers Committee – Jawaharlal Nehru
  • (ii) Union Constitution Committee – Jawaharlal Nehru
  • (iii) Provincial Constitution Committee – Sardar Patel
  • (iv) Drafting Committee – Dr. B.R. Ambedkar
  • (v) Advisory Committee on Fundamental Rights, Minorities, and Tribal & Excluded Areas – Sardar Patel
    • (a) Fundamental Rights Sub-Committee – J.B. Kripalani
    • (b) Minorities Sub-Committee – H.C. Mukherjee
    • (c) North-East Frontier Tribal Areas & Assam Excluded Areas Sub-Committee – Gopinath Bardoloi
    • (d) Excluded Areas (Other than Assam) Sub-Committee – A.V. Thakkar
    • (e) North-West Frontier Tribal Areas Sub-Committee
  • (vi) Rules of Procedure Committee – Dr. Rajendra Prasad
  • (vii) States Committee (Negotiations with States) – Jawaharlal Nehru
  • (viii) Steering Committee – Dr. Rajendra Prasad

• Minor Committees

  • (i) Finance and Staff Committee – Dr. Rajendra Prasad
  • (ii) Credentials Committee – Alladi Krishnaswami Ayyar
  • (iii) House Committee – B. Pattabhi Sitaramayya
  • (iv) Order of Business Committee – Dr. K.M. Munshi
  • (v) Ad-hoc Committee on the National Flag – Dr. Rajendra Prasad
  • (vi) Committee on the Functions of the Constituent Assembly – G.V. Mavlankar
  • (vii) Ad-hoc Committee on the Supreme Court – S. Varadachari
  • (viii) Committee on Chief Commissioners’ Provinces – B. Pattabhi Sitaramayya
  • (ix) Expert Committee on Financial Provisions of the Union Constitution – Nalini Ranjan Sarkar
  • (x) Linguistic Provinces Commission – S.K. Dar
  • (xi) Special Committee to Examine the Draft Constitution – Jawaharlal Nehru
  • (xii) Press Gallery Committee – Usha Nath Sen
  • (xiii) Ad-hoc Committee on Citizenship – S. Varadachari

• The Drafting Committee – The Most Crucial Body

  • Established on August 29, 1947, it was tasked with preparing the draft Constitution of India.
  • Members included:
    • (i) Dr. B.R. Ambedkar – Chairman
    • (ii) N. Gopalaswamy Ayyangar
    • (iii) Alladi Krishnaswamy Ayyar
    • (iv) Dr. K.M. Munshi
    • (v) Syed Mohammad Saadullah
    • (vi) N. Madhava Rau – replaced B.L. Mitter (ill health)
    • (vii) T.T. Krishnamachari – replaced D.P. Khaitan (passed away in 1948)
  • The first draft was published in February 1948 and circulated for public discussion over eight months.
  • A second draft, revised after public feedback, came out in October 1948.
  • The committee completed its work in less than six months, meeting for a total of 141 days.

• Enactment of the Constitution

  • The final draft was introduced by Dr. B.R. Ambedkar on November 4, 1948 (first reading) and discussed until November 9.
  • The second reading (clause-by-clause review) began on November 15, 1948 and concluded on October 17, 1949.
    • A total of 7,653 amendments were proposed, with 2,473 debated.
  • The third reading started on November 14, 1949, ending with the adoption of the Constitution on November 26, 1949.
  • This date is enshrined in the Preamble as the day the people of India adopted, enacted, and gave themselves the Constitution.
  • Out of 299 members, 284 signed the document on that day.
  • The final Constitution comprised a Preamble, 395 Articles, and 8 Schedules.
  • Dr. B.R. Ambedkar, serving as Law Minister, played a central role and is honoured as the Father of the Indian Constitution, often referred to as a "Modern Manu".

Enforcement and Criticism of the Constitution

• Commencement of the Constitution

  • Some provisions dealing with citizenship, elections, provisional parliament, temporary and transitional clauses, and short title (Articles 5–9, 60, 324, 366, 367, 379–380, 388, 391–393) became operational on 26 November 1949.
  • The remaining, larger part of the Constitution took effect on 26 January 1950, known as the ‘date of its commencement’ and celebrated annually as Republic Day.
  • The choice of 26 January was symbolic, marking the anniversary of Purna Swaraj Day declared after the December 1929 Lahore Session of the Indian National Congress.
  • With its enforcement, the Indian Independence Act 1947 and the Government of India Act 1935 (along with all amendments) were repealed, though the Abolition of Privy Council Jurisdiction Act 1949 remained in effect.

• Criticism of the Constituent Assembly

  • (i) Not Representative – Members were not directly chosen by universal adult franchise, raising doubts about its democratic character.
  • (ii) Lack of Sovereignty – Formed under British Government proposals and holding sessions with its approval, limiting its independence.
  • (iii) Excessive Duration – Critics compared its prolonged work to the US Constitution’s four-month framing; Naziruddin Ahmed mockingly labelled the Drafting Committee as the “Drifting Committee”.
  • (iv) Congress Dominance – Described by Granville Austin as a “one-party body in a one-party country”.
  • (v) Lawyer–Politician Control – Overrepresentation of legal and political elites led to a bulky and complex text, with insufficient input from other social groups.
  • (vi) Hindu Majority Influence – Figures like Lord Viscount Simon and Winston Churchill viewed it as primarily representing one community.