Ch 2: Making of the Constitution

Chapter 2 ⏱️ 16 min read Free Preview

Making of the Constitution

Genesis of the Constituent Assembly, Cabinet Mission Plan 1946, Drafting Committee, Objectives Resolution, and key adoption milestones.

1. Genesis & Demand for a Constituent Assembly

The demand for a representative assembly to draft a constitution for free India emerged during the national freedom movement:

  • 1934: The idea was put forward for the very first time by M.N. Roy (a pioneer of the communist movement in India).
  • 1935: The Indian National Congress (INC) officially demanded a Constituent Assembly to frame the Constitution of India for the first time.
  • 1938: Jawaharlal Nehru, on behalf of the INC, declared: "The Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise."
  • 1940 (August Offer): The demand was conceded in principle for the first time by the British Government in Viceroy Linlithgow's 'August Offer'.
  • 1942 (Cripps Mission): Sir Stafford Cripps came to India with a draft declaration proposing an elected Constituent Assembly after World War II. The proposals were rejected by the Muslim League, which insisted on two separate autonomous states with two separate Constituent Assemblies.
  • 1946 (Cabinet Mission Plan): A three-member British Cabinet delegation (Lord Pethick-Lawrence, Sir Stafford Cripps, and A.V. Alexander) arrived in India. While rejecting the demand for two separate assemblies, it formulated a scheme for a single Constituent Assembly which was accepted by all major parties.
🧭 MILESTONE JOURNEY

Key Milestones in the Making of the Constitution (1934–1950)

👉 Swipe horizontally to view full milestone journey ↔
1934

Idea of Assembly

M.N. Roy put forward the idea of a Constituent Assembly for India for the first time.

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1940

August Offer

British Government accepted in principle that Indians should frame their own constitution.

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May 1946

Cabinet Mission

Formula for Constituent Assembly accepted; elections held in July–August 1946.

➔
9 Dec 1946

First Meeting

Dr. Sachchidananda Sinha as temp President; Dr. Rajendra Prasad elected President on 11 Dec.

➔
13 Dec 1946

Objectives Resolution

Moved by Nehru; adopted 22 Jan 1947; formed philosophical bedrock of Preamble.

➔
29 Aug 1947

Drafting Committee

7-member committee set up under the chairmanship of Dr. B.R. Ambedkar.

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26 Nov 1949

Constitution Adopted

Passed & signed by 284 members. Celebrated as National Constitution Day.

➔
26 Jan 1950

Constitution Commenced

India became a Sovereign Democratic Republic; celebrated annually as Republic Day.

⏱️ Total Time: 2 Years, 11 Months, 18 Days 📅 Sessions: 11 Sessions (165 days of sittings) 💰 Expenditure: ~₹64 Lakhs
1934 ➔ 1950

2. Composition of the Constituent Assembly

Under the scheme formulated by the Cabinet Mission Plan (May 1946):

  1. Total Strength: The total strength was fixed at 389 seats:
    • 296 seats allotted to British India (292 from 11 Governors' Provinces + 4 from Chief Commissioners' Provinces: Delhi, Ajmer-Merwara, Coorg, and British Baluchistan).
    • 93 seats allotted to the Princely States.
  2. Population-Based Allocation: Roughly one seat was allocated for every one million (10 Lakh) population.
  3. Communal Representation: Seats allocated to each British province were divided among three principal communities: Muslims, Sikhs, and General (all except Muslims and Sikhs), in proportion to their population.
  4. Method of Election:
    • Representatives of British Indian provinces were indirectly elected by members of the Provincial Legislative Assemblies using proportional representation by means of a single transferable vote.
    • Representatives of Princely States were nominated by the heads of the princely states.
💡 Exam Trap / Common Mistakes — Nature of the Constituent Assembly

Frequent Exam Statement Trap:

  • The Constituent Assembly was NOT directly elected by the people of India on adult franchise (provincial assemblies themselves had been elected on a limited franchise based on tax, property, and education under the GoI Act 1935).
  • It was a partly elected and partly nominated body.
  • Although indirectly elected, it comprised representatives from all sections of Indian society (Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Indian Christians, SCs, STs, and women).
  • Mahatma Gandhi and Muhammad Ali Jinnah were notably NOT members of the Constituent Assembly.
🏛️ COMPOSITION TREE

Composition of the Constituent Assembly: Cabinet Mission Plan (1946)

Cabinet Mission Scheme (May 1946)
389 Total Seats

Roughly 1 seat per million (10 Lakh) population

British India (Indirectly Elected) 296 Seats

Elected by provincial legislative assemblies using single transferable vote system.

11 Governors' Provinces

Madras, Bombay, UP, Bihar, etc.

292
4 Chief Commissioners' Provinces

Delhi, Ajmer-Merwara, Coorg, British Baluchistan

4
Princely States (Nominated) 93 Seats

Nominated by heads of princely states (rulers/kings; no direct or indirect elections).

⚠️
Initially, most princely states stayed away. Hyderabad state never sent any representative to the Assembly.
✂️ Post Mountbatten Plan (3 June 1947)

Reconstituted Assembly: 389 Reduced to 299 Seats

Following Muslim League withdrawal: Indian provinces had 229 seats and Princely States had 70 seats.

299
💡 Key Exam Fact: The Constituent Assembly was a partly elected and partly nominated body.
389 → 299

3. Working of the Constituent Assembly

The Constituent Assembly held its historic first session in the Constitution Hall (now Central Hall of Parliament House, New Delhi):

  • First Meeting (9 December 1946): Attended by 211 members (the Muslim League boycotted the meeting and insisted on a separate state of Pakistan). Following the French practice of electing the oldest member, Dr. Sachchidananda Sinha was elected as the temporary President of the Assembly.
  • Permanent Officers (11 December 1946):
    • President: Dr. Rajendra Prasad was unanimously elected as the permanent President.
    • Vice-Presidents: The Assembly had two Vice-Presidents: H.C. Mukherjee and V.T. Krishnamachari.
    • Constitutional Advisor: Sir Benegal Narsing Rau (B.N. Rau) was appointed as the Legal/Constitutional Advisor to the Assembly.
  • The Objectives Resolution (13 December 1946):
    • Moved by Jawaharlal Nehru, this historic resolution outlined the guiding philosophy and fundamental objectives of the constitutional structure.
    • Unanimously adopted on 22 January 1947.
    • Its modified version forms the Preamble to the Indian Constitution.

4. Committees of the Constituent Assembly

To handle different tasks of constitution-making, the Assembly appointed 22 committees (8 major committees and several minor ones):

Major Committees & Chairmen:

  • Drafting Committee: Dr. B.R. Ambedkar
  • Union Powers Committee: Jawaharlal Nehru
  • Union Constitution Committee: Jawaharlal Nehru
  • Provincial Constitution Committee: Sardar Vallabhbhai Patel
  • Advisory Committee on Fundamental Rights, Minorities, and Tribal Areas: Sardar Vallabhbhai Patel
  • Rules of Procedure Committee: Dr. Rajendra Prasad
  • Steering Committee: Dr. Rajendra Prasad
  • States Committee (Committee for Negotiating with States): Jawaharlal Nehru

The Drafting Committee (29 August 1947):

Among all committees, the Drafting Committee was the most critical body set up to prepare a draft of the new Constitution based on the initial draft prepared by Constitutional Advisor Sir B.N. Rau.

It consisted of 7 members headed by Dr. B.R. Ambedkar.

⚖️ COMMITTEE ORGANOGRAM

Drafting Committee Structure (Set up: 29 August 1947)

CHAIRMAN Father of Constitution

Dr. B.R. Ambedkar

First Law Minister of independent India. Recognized as the Chief Architect of the Constitution and Modern Manu.

CONSTITUTIONAL ADVISOR
Sir B.N. Rau

Prepared the initial rough draft of the Constitution for the Drafting Committee.

💡 Note: Not a member of Drafting Committee
The 6 Other Members of the Committee
01 Original Congress
K.M. Munshi

Eminent lawyer and politician; only sole party-Congress member from inception.

02 Legal Jurist
Alladi Krishnaswami Iyer

Former Advocate-General of Madras and prominent jurist.

03 Administrator
N. Gopalaswami Ayyangar

Former Prime Minister of Kashmir and seasoned civil servant.

04 Muslim League
Syed Mohammad Sadullah

Former Premier of Assam and representative of Muslim League.

05 Replacement
N. Madhava Rau

Replaced B.L. Mitter who resigned due to failing health.

06 Replacement
T.T. Krishnamachari

Replaced D.P. Khaitan following his demise in 1948.

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Frequent Exam Trap (Member Replacements): B.L. Mitter was replaced by N. Madhava Rau, and D.P. Khaitan was replaced by T.T. Krishnamachari. Total members = 7 (1 Chairman + 6 members).

5. Enactment & Commencement of the Constitution

The Constitution underwent three detailed readings in the Assembly:

  1. First Reading (4 Nov 1948 – 9 Nov 1948): General discussion.
  2. Second Reading (15 Nov 1948 – 17 Oct 1949): Clause-by-clause consideration; over 7,635 amendments were proposed, of which 2,473 were discussed.
  3. Third Reading (14 Nov 1949 – 26 Nov 1949): Final motion moved by Dr. Ambedkar.

On 26 November 1949, the motion on the draft constitution was declared passed, receiving the signatures of 284 members present out of 299.

Dr. B.R. Ambedkar presenting the final draft of the Indian Constitution to Dr. Rajendra Prasad (1949)
🏛️ HISTORICAL ARCHIVE

Dr. B.R. Ambedkar presenting the final draft of the Indian Constitution to Dr. Rajendra Prasad (25 November 1949)

The final draft of the Constitution was adopted by the Constituent Assembly on 26 November 1949. The original text contained a Preamble, 395 Articles, and 8 Schedules.

🎯
Exam Takeaway: Constitution was adopted on 26 Nov 1949 (National Constitution Day), but commenced on 26 Jan 1950 (Republic Day) to commemorate the 1930 Purna Swaraj declaration.
💡 Exam Trap / Common Mistakes — Adoption Date vs Commencement Date
  • Date of Adoption (अंगीकृत करने की तिथि): 26 November 1949. Certain provisions came into force immediately on this date (Citizenship, Elections, Provisional Parliament, Temporary & Transitional Provisions under Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, and 393).
  • Date of Commencement (लागू होने की तिथि): 26 January 1950. The remaining and major provisions of the Constitution came into force on this date, celebrated as Republic Day. Historical Reason: 26 January was specifically chosen to commemorate the declaration of Purna Swaraj (Complete Independence) at the Lahore Session of the INC in December 1929, which was first celebrated on 26 January 1930.
⚖️ Landmark Judgment / Legal Precedent — Constitutional Continuity & Article 395

With the commencement of the Constitution on 26 January 1950, Article 395 formally repealed:

  1. The Indian Independence Act, 1947
  2. The Government of India Act, 1935 (along with all amending enactments) Note: The Abolition of Privy Council Jurisdiction Act (1949) was, however, continued.

6. Master Summary Table: Important Facts & Assembly Trivia

Topic / Element Historical Detail / Fact Exam Relevance
Elephant Symbol Adopted as the official seal/symbol of the Constituent Assembly Frequently tested symbol
Constitutional Advisor Sir B.N. Rau (prepared initial draft of Constitution) Never a member of the Assembly
Secretary to Assembly H.V.R. Iyengar Administrative head
Chief Draftsman S.N. Mukerjee Drafted the complex legislative language
Calligrapher (English) Prem Behari Narain Raizada (flowing italic style) Charged no fee, signed every page
Calligrapher (Hindi) Vasant Krishan Vaidya Calligraphed the Hindi version
Illuminations & Art Beohar Rammanohar Sinha & Nandalal Bose (Santiniketan) Decorated borders and preamble
National Flag Adopted on 22 July 1947 (designed by Pingali Venkayya) Pre-independence adoption
National Anthem & Song "Jana Gana Mana" & "Vande Mataram" adopted on 24 January 1950 Final meeting decisions
First President of India Dr. Rajendra Prasad elected on 24 January 1950 Unanimously chosen by Assembly
🎯

Previous Year Questions (PYQs) Practice

Test your conceptual clarity with authentic exam questions

UPSC CSE 2013 Q1 of 5

Who among the following moved the historic "Objectives Resolution" in the Constituent Assembly on 13th December 1946?

💡 Explanation / व्याख्या: Option B

Jawaharlal Nehru moved the historic Objectives Resolution on December 13, 1946, which laid down the philosophy of the Constitution and later became the Preamble.

SSC CGL 2021 Q2 of 5

Who was appointed as the Constitutional Advisor to the Constituent Assembly?

💡 Explanation / व्याख्या: Option B

Sir Benegal Narsing Rau (B.N. Rau) was appointed as the legal/constitutional advisor to the Constituent Assembly.

UPPSC 2020 Q3 of 5

Who replaced B.L. Mitter on the Drafting Committee of the Constituent Assembly after he resigned due to ill health?

💡 Explanation / व्याख्या: Option A

N. Madhava Rau replaced B.L. Mitter who resigned due to failing health, while T.T. Krishnamachari replaced D.P. Khaitan upon his death in 1948.

BPSC 2019 Q4 of 5

What was the total number of seats in the Constituent Assembly allocated by the Cabinet Mission Plan (1946)?

💡 Explanation / व्याख्या: Option B

The Cabinet Mission Plan allotted a total of 389 seats (296 for British India and 93 for Princely States). After partition, this was reduced to 299.

UPSC CSE 2018 Q5 of 5

Which animal was adopted as the official emblem/seal of the Constituent Assembly of India?

💡 Explanation / व्याख्या: Option C

The Elephant was adopted as the official emblem and seal of the Constituent Assembly.