The Constitution of India was not prepared in a hurry.
It was the result of a long political demand, careful debate, committee work, and detailed study of constitutional systems from different countries.
The process began with the idea of a Constituent Assembly and ended with the adoption of the Constitution on 26 November 1949 and its enforcement on 26 January 1950.
Table of Contents
Early Demand For A Constituent Assembly
The idea of a Constituent Assembly for India developed gradually.
- 1934 – The idea of a Constituent Assembly was first put forward by M.N. Roy.
- 1935 – The Indian National Congress officially demanded a Constituent Assembly to frame India’s Constitution.
- 1938 – Jawaharlal Nehru said that India’s Constitution must be framed by a Constituent Assembly elected on the basis of adult franchise, without outside interference.
- 1940 – The British Government accepted the demand through the August Offer.
- 1942 – Stafford Cripps came to India with a proposal to frame an independent Constitution after World War II.
- 1946 – The Cabinet Mission Plan rejected the idea of two separate Constituent Assemblies and proposed one Constituent Assembly for India.
Composition Of The Constituent Assembly
The Constituent Assembly was formed in November 1946 under the scheme of the Cabinet Mission Plan.
The original total strength of the Assembly was 389 members.
Seat Distribution
| Category | Seats |
|---|---|
| British India | 296 |
| Princely States | 93 |
| Total | 389 |
Out of the 296 seats from British India:
- 292 members were from 11 Governor’s Provinces.
- 4 members were from Chief Commissioner’s Provinces, namely Delhi, Ajmer-Merwara, Coorg, and British Baluchistan.
Method Of Representation
- The Assembly was partly elected and partly nominated.
- Seats were allotted according to population.
- Seats in British India were divided among Muslims, Sikhs, and General categories.
- Members from each community were elected by members of that community in the Provincial Legislative Assembly.
- Representatives of Princely States were to be nominated by the rulers of those states.
Election Results Of 1946
Elections were held in July-August 1946.
| Group | Seats Won |
|---|---|
| Congress | 208 |
| Muslim League | 73 |
| Others | 15 |
The 93 seats of Princely States were initially not filled because many Princely States stayed away from the Assembly.
The Constituent Assembly was not directly elected, but it included different sections of society, including women.
Mahatma Gandhi and Muhammad Ali Jinnah did not join the Assembly.
Working Of The Constituent Assembly
The first meeting of the Constituent Assembly was held on 9 December 1946.
Only 211 members attended because the Muslim League boycotted the meeting in favour of a separate state.
Important Office Holders
| Position | Person |
|---|---|
| Temporary President | Dr. Sachchidananda Sinha |
| Permanent President | Dr. Rajendra Prasad |
| Vice-President | V.T. Krishnamachari |
| Vice-President | H.C. Mukherjee |
| Constitutional Adviser | Sir B.N. Rau |
| Secretary | H.V.R. Iyengar |
On 11 December 1946, Dr. Rajendra Prasad was elected permanent President of the Constituent Assembly.
Objective Resolution
The Objective Resolution was moved by Jawaharlal Nehru on 13 December 1946.
It laid down the basic philosophy and structure of the future Constitution.
Main Ideas Of The Objective Resolution
- India would be a Sovereign Democratic Republic.
- The Constitution would provide economic and political security.
- A federal system would be created with distribution of powers between the Centre and the states.
- Equality, justice, and freedom of thought, expression, belief, faith, and association would be secured.
- Minorities and backward sections would receive necessary protection.
- The integrity of India’s territory and rights over land, sea, and air would be protected.
The Objective Resolution was adopted on 22 January 1947.
It later influenced the Preamble of the Indian Constitution.
Changes After The Indian Independence Act, 1947
The Indian Independence Act, 1947 made the Constituent Assembly a fully sovereign body.
After independence, Princely States gradually joined the Assembly.
- 28 April 1947 – Baroda, Bikaner, Jaipur, Patiala, Rewa, and Udaipur joined.
- 3 June 1947 – The Mountbatten Plan introduced partition, and most Princely States took seats in the Assembly.
Three Important Changes
- The Constituent Assembly became fully sovereign.
- It could change or repeal laws made by the British.
- It became both a constitution-making body and a legislative body.
Constituent Assembly As Legislature
After independence, the Assembly performed two roles.
| Role | Chairman |
|---|---|
| Constituent body | Dr. Rajendra Prasad |
| Legislative body | G.V. Mavalankar |
The Assembly worked as the first Parliament of free India until the first General Elections of 1951–52.
Strength Of The Assembly After Partition
After partition, Muslim League members from areas that went to Pakistan withdrew from the Indian Constituent Assembly.
The total strength changed from 389 to 299.
| Category | Before Partition | After Partition |
|---|---|---|
| Total Strength | 389 | 299 |
| Indian Provinces | 296 | 229 |
| Princely States | 93 | 70 |
Other Functions Of The Constituent Assembly
The Constituent Assembly did more than frame the Constitution.
- It ratified India’s membership of the Commonwealth in May 1949.
- It adopted the National Flag on 22 July 1947.
- It adopted the National Anthem on 24 January 1950.
- It adopted the National Song on 24 January 1950.
- It held its final session on 24 January 1950.
The Assembly held 11 sessions over 2 years, 11 months, and 18 days.
The Constitution makers studied the constitutions of almost 60 countries.
The total expenditure on framing the Constitution was Rs 64 lakh.
Committees Of The Constituent Assembly
Much of the real work of the Constituent Assembly was done through committees.
These committees examined different parts of the proposed Constitution and gave recommendations.
Drafting Committee
The Drafting Committee was the most important committee.
It was set up on 29 August 1947.
Its task was to prepare the draft of the new Constitution.
Drafting Committee Members
| Member | Role |
|---|---|
| Dr. B.R. Ambedkar | Chairman |
| Alladi Krishnaswami Iyer | Member |
| N. Gopalaswami Ayyangar | Member |
| K.M. Munshi | Member |
| Mohammad Sadullah | Member |
| B.L. Mitter | Member |
| D.P. Khaitan | Member |
Later changes:
- B.L. Mitter resigned due to ill health and was replaced by N. Madhava Rao.
- D.P. Khaitan died and was replaced by T.T. Krishnamachari.
The first draft was published in February 1948.
People were given 8 months to discuss it and suggest amendments.
The second draft was published in October 1948.
The Drafting Committee took 141 days to prepare its draft.
Major Committees And Chairpersons
| Committee | Chairperson |
|---|---|
| Union Powers Committee | Jawaharlal Nehru |
| Union Constitution Committee | Jawaharlal Nehru |
| States Committee | Jawaharlal Nehru |
| Rules of Procedure Committee | Dr. Rajendra Prasad |
| Steering Committee | Dr. Rajendra Prasad |
| Provincial Constitution Committee | Sardar Patel |
| Advisory Committee on Fundamental Rights, Minorities, Tribal and Excluded Areas | Sardar Patel |
| Drafting Committee | Dr. B.R. Ambedkar |
Minor Committees Of The Constituent Assembly
- Finance and Staff Committee – Dr. Rajendra Prasad
- House Committee – B. Pattabhi Sitaramayya
- Credentials Committee – Alladi Krishnaswami Ayyar
- Order of Business Committee – Dr. K.M. Munshi
- Committee on the Functions of the Constituent Assembly – G.V. Mavalankar
- Committee on Chief Commissioners’ Provinces – B. Pattabhi Sitaramayya
- Expert Committee on Financial Provisions of the Union Constitution – Nalini Ranjan Sarkar
- Linguistic Provinces Commission – S.K. Dar
- Special Committee to Examine the Draft Constitution – Jawaharlal Nehru
- Press Gallery Committee – Usha Nath Sen
Enactment Of The Constitution
The Constitution went through different readings before it was finally adopted.
Important Dates
| Date | Event |
|---|---|
| 4 November 1948 | First reading by Dr. B.R. Ambedkar |
| 15 November 1948 | Second reading began |
| 14 November 1949 | Third reading |
| 26 November 1949 | Draft Constitution was passed |
During the second reading, 7,653 amendments were proposed.
On 26 November 1949, the Constitution was adopted.
The original Constitution had:
- Preamble
- 395 Articles
- 8 Schedules
Dr. B.R. Ambedkar, who was also the Law Minister, is known as the Father of the Constitution of India.
Enforcement Of The Constitution
The Constitution was adopted on 26 November 1949, but it came fully into force on 26 January 1950.
Provisions Enforced On 26 November 1949
Some provisions came into force immediately, including those related to:
- Citizenship
- Elections
- Provisional Parliament
- Short title
Articles 5, 6, 7, 8, 9, 60, 366, 367, 380, 388, 391, 392, and 393 came into force on 26 November 1949.
Why 26 January Was Chosen
The date 26 January 1950 was chosen because Purna Swaraj Day had been celebrated on 26 January 1930 after the Lahore Session of the Indian National Congress.
With the commencement of the Constitution, the Indian Independence Act, 1947 and the Government of India Act, 1935 were repealed.
Criticism Of The Constituent Assembly
The Constituent Assembly also faced criticism.
Main Criticisms
- It was not directly elected on the basis of universal adult franchise.
- It was said to be created under British proposals.
- Critics argued that it took a long time to frame the Constitution.
- It was said to be dominated by Congress.
- Critics claimed that lawyers and politicians dominated the Assembly.
- Winston Churchill criticised it by saying it represented only one major community in India.
Experts Committee Of The Congress
On 8 July 1946, the Indian National Congress appointed an Expert Committee to prepare material for the Constituent Assembly.
Members
- Jawaharlal Nehru – Chairman
- M. Asaf Ali
- K.M. Munshi
- N. Gopalaswami Ayyangar
- D.R. Gadgil
- Humayun Kabir
- K. Santhanam
- Krishna Kripalani – co-opted member
The committee held two sittings:
- 20–22 July 1946 in Delhi
- 15–17 August 1946 in Bombay
Role Of The Committee
- To suggest the procedure for the Constituent Assembly.
- To consider the appointment of various committees.
- To draft a resolution on the objectives of the Constitution for the first session of the Assembly.
Hindi Text Of The Constitution
The 58th Constitutional Amendment Act, 1987 inserted Article 394-A in Part XXII of the Constitution.
Article 394-A Provides
- The President shall publish the Hindi translation of the Constitution.
- The President shall publish the Hindi translation of every constitutional amendment.
- The Hindi translation shall have the same meaning as the original English text.
- In case of difficulty, the President may revise the Hindi text suitably.
Important Facts At A Glance
| Fact | Detail |
|---|---|
| First idea of Constituent Assembly | M.N. Roy, 1934 |
| Official demand by Congress | 1935 |
| British acceptance | August Offer, 1940 |
| Formation plan | Cabinet Mission Plan, 1946 |
| First meeting | 9 December 1946 |
| Temporary President | Dr. Sachchidananda Sinha |
| Permanent President | Dr. Rajendra Prasad |
| Constitutional Adviser | Sir B.N. Rau |
| Drafting Committee Chairman | Dr. B.R. Ambedkar |
| Constitution adopted | 26 November 1949 |
| Constitution enforced | 26 January 1950 |
| Original Articles | 395 |
| Original Schedules | 8 |
| Time taken | 2 years, 11 months, 18 days |
| Total expenditure | Rs 64 lakh |
FAQs On Making Of The Constitution Of India
Who first proposed the idea of a Constituent Assembly for India?
The idea of a Constituent Assembly for India was first proposed by M.N. Roy in 1934.
When did Congress officially demand a Constituent Assembly?
The Indian National Congress officially demanded a Constituent Assembly in 1935.
Which plan led to the formation of the Constituent Assembly?
The Cabinet Mission Plan of 1946 led to the formation of the Constituent Assembly of India.
When was the first meeting of the Constituent Assembly held?
The first meeting of the Constituent Assembly was held on 9 December 1946.
Who was the temporary President of the Constituent Assembly?
Dr. Sachchidananda Sinha was the temporary President of the Constituent Assembly.
Who was the permanent President of the Constituent Assembly?
Dr. Rajendra Prasad was the permanent President of the Constituent Assembly.
Who was the Constitutional Adviser to the Constituent Assembly?
Sir B.N. Rau was the Constitutional Adviser to the Constituent Assembly.
Who was the Chairman of the Drafting Committee?
Dr. B.R. Ambedkar was the Chairman of the Drafting Committee.
When was the Constitution of India adopted?
The Constitution of India was adopted on 26 November 1949.
When did the Constitution of India come into force?
The Constitution of India came into force on 26 January 1950.
Why was 26 January chosen as the commencement date of the Constitution?
26 January was chosen because Purna Swaraj Day was celebrated on 26 January 1930 after the Lahore Session of the Indian National Congress.
How much time did the Constituent Assembly take to frame the Constitution?
The Constituent Assembly took 2 years, 11 months, and 18 days to frame the Constitution.
How many Articles and Schedules were there in the original Constitution?
The original Constitution had 395 Articles and 8 Schedules.
Who is known as the Father of the Indian Constitution?
Dr. B.R. Ambedkar is known as the Father of the Indian Constitution.
Last Moment Exam Cheat Sheet – Making Of The Constitution Of India
- 1934 – M.N. Roy first proposed the idea of a Constituent Assembly.
- 1935 – Congress officially demanded a Constituent Assembly.
- 1940 – August Offer accepted the demand.
- 1946 – Cabinet Mission Plan provided for the Constituent Assembly.
- 389 – Original strength of the Constituent Assembly.
- 299 – Strength after partition.
- 9 December 1946 – First meeting of the Constituent Assembly.
- Dr. Sachchidananda Sinha – Temporary President.
- Dr. Rajendra Prasad – Permanent President.
- B.N. Rau – Constitutional Adviser.
- 13 December 1946 – Objective Resolution moved by Jawaharlal Nehru.
- 22 January 1947 – Objective Resolution adopted.
- 29 August 1947 – Drafting Committee formed.
- Dr. B.R. Ambedkar – Chairman of Drafting Committee.
- 26 November 1949 – Constitution adopted.
- 26 January 1950 – Constitution came into force.