Definition: The Constituent Assembly was a sovereign body established in 1946 to draft the Constitution of India, serving as the supreme legislative authority during the transition to independence. It functioned as both a constitution-making body and a provisional parliament, representing the diverse political and social fabric of the nation.
Historical Evolution and Demand
The concept of a Constituent Assembly was first formally proposed by M.N. Roy in 1934. The Indian National Congress officially demanded a Constituent Assembly in 1935, and by 1938, Jawaharlal Nehru declared that the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise.
The British government accepted this demand in principle through the August Offer of 1940. However, it was the Cabinet Mission Plan of 1946 that eventually paved the way for the actual formation of the Assembly. The mission rejected the idea of two constituent assemblies and provided a framework for the election of members.
Composition of the Constituent Assembly
The Constituent Assembly was not directly elected by the people of India but was indirectly elected by members of the Provincial Legislative Assemblies. It was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan.
The total strength of the Assembly was fixed at 389. This included 296 seats for British India and 93 seats for the Princely States. Each province and princely state was allotted seats proportional to their respective population, roughly in the ratio of one seat per million people.
“The Constituent Assembly was a microcosm of India, representing all communities, regions, and political parties, including the Congress, the Muslim League, and various independent experts.”
Working and Committees
The Assembly held its first meeting on December 9, 1946. Dr. Sachchidananda Sinha was elected as the temporary President, following the French practice. Later, Dr. Rajendra Prasad was elected as the permanent President, while H.C. Mukherjee and V.T. Krishnamachari served as Vice-Presidents.
The Assembly functioned through various committees, the most significant being the Drafting Committee, which was set up on August 29, 1947. Under the chairmanship of Dr. B.R. Ambedkar, this committee was tasked with scrutinizing the draft of the Constitution. Other major committees included the Union Powers Committee and the Provincial Constitution Committee, led by Jawaharlal Nehru and Sardar Vallabhbhai Patel respectively.
Key Points to Remember
- First Meeting: December 9, 1946.
- Objective Resolution: Moved by Jawaharlal Nehru on December 13, 1946; it defined the philosophy of the Constitution.
- Drafting Committee: Comprised 7 members, with Dr. B.R. Ambedkar as the Chairman.
- Adoption Date: The Constitution was adopted on November 26, 1949.
- Commencement Date: The Constitution came into force on January 26, 1950 (Republic Day).
- Time Taken: 2 years, 11 months, and 18 days to complete the work.
The Process of Drafting
The drafting process was exhaustive and iterative. The Constitutional Advisor, B.N. Rau, prepared the initial draft based on the research of constitutional provisions from various countries. The Drafting Committee then reviewed this document, leading to the publication of the first draft in February 1948.
The people of India were given eight months to discuss the draft and propose amendments. After extensive debates and discussions—where every clause was scrutinized—the final version was passed. The Assembly met for 11 sessions, covering a total of 165 days of discussion.
Important Facts: Chronology of Adoption
| Event | Date |
|---|---|
| First Session | Dec 9, 1946 |
| Objective Resolution Passed | Jan 22, 1947 |
| Drafting Committee Formed | Aug 29, 1947 |
| Constitution Adopted | Nov 26, 1949 |
| Constitution Enforced | Jan 26, 1950 |
Previous Year Question Hints
- Question: Who was the first temporary President of the Constituent Assembly? (Focus on the distinction between temporary and permanent).
- Question: Which plan provided the basis for the formation of the Constituent Assembly? (Focus on the Cabinet Mission Plan vs. Mountbatten Plan).
Quick Revision Summary
- The Constituent Assembly was formed under the Cabinet Mission Plan (1946).
- Dr. B.R. Ambedkar is known as the ‘Father of the Indian Constitution’.
- The Objective Resolution served as the foundation for the Preamble.
- The Assembly acted as the first Parliament of independent India.
- The Constitution was adopted on November 26, 1949, containing a Preamble, 395 Articles, and 8 Schedules.
- The Assembly accepted the National Flag on July 22, 1947.
- The Assembly ratified India’s membership of the Commonwealth in May 1949.
- The final session of the Assembly was held on January 24, 1950.
