Constituent Assembly (December 6, 1946)

The Constituent Assembly of India, which framed the Constitution of independent India, held its first session on 9 December 1946 (not December 6, 1946). This historic event marked the formal beginning of the process of drafting the Constitution — a framework that would guide the governance of the new nation after centuries of colonial rule.
The Constituent Assembly symbolised India’s transition from British rule to self-governance, and its formation was the result of a long struggle by Indian leaders to establish a democratic and sovereign republic.

Background and Formation

1. Demand for a Constituent Assembly

• The idea of a Constituent Assembly was first proposed by M. N. Roy in 1934 and later endorsed by the Indian National Congress (INC) in 1935.
• The demand gained momentum after the Quit India Movement (1942), as Indian leaders insisted that only a body elected by Indians could draft the Constitution of free India.

2. Cabinet Mission Plan (1946)

• The British Cabinet Mission, sent to India in March 1946, recommended the creation of a Constituent Assembly to frame India’s Constitution.
• It proposed a 389-member assembly, representing provinces and princely states, with members elected indirectly by the provincial legislatures using the single transferable vote system.

3. Composition of the Assembly

• Total members: 389
  • 292 from British Indian provinces.
  • 93 from princely states.
  • 4 from the chief commissioners’ provinces (Delhi, Ajmer-Merwara, Coorg, and British Baluchistan).
• Each province’s seats were distributed among Hindus, Muslims, Sikhs, and others in proportion to their population.

4. Boycott by the Muslim League

• The Muslim League, under Muhammad Ali Jinnah, boycotted the Assembly, demanding a separate state of Pakistan.
• As a result, the initial meetings were dominated by Congress and allied members.

The First Meeting – 9 December 1946

The first session of the Constituent Assembly was convened on 9 December 1946 in the Constitution Hall (now the Central Hall of Parliament House, New Delhi).

Key Features of the First Meeting:

• The meeting was presided over by Dr. Sachchidananda Sinha, the eldest member, who served as the Provisional Chairman until a permanent President was elected.
• 207 members attended the first session.
• The Muslim League’s boycott left many seats vacant, particularly from Bengal and Punjab.
• The atmosphere was charged with anticipation and historical significance — it was the first representative body of Indians working to shape their destiny.

Election of the Permanent President – 11 December 1946

On 11 December 1946, Dr. Rajendra Prasad was elected as the Permanent Chairman (President) of the Constituent Assembly.
Other important appointments:

• H. C. Mukherjee – Vice-President of the Assembly.
• B. N. Rau – Constitutional Adviser (a civil servant and jurist who provided technical and legal guidance).

Objectives Resolution – 13 December 1946

On 13 December 1946, Pandit Jawaharlal Nehru introduced the Objectives Resolution, which laid down the philosophical and political framework of the future Constitution.

The key principles of the Objectives Resolution included:

1. India to be an independent, sovereign republic.
2. Power to rest with the people of India.
3. Guarantee of justice, equality, and freedom to all citizens.
4. Assurance of adequate safeguards for minorities, backward and tribal communities.
5. India’s commitment to international peace and fraternity.

This resolution later became the Preamble of the Indian Constitution. It was adopted by the Assembly on 22 January 1947.

Role of the Constituent Assembly

The Assembly combined legislative and constituent functions and played a monumental role in shaping India’s democracy.

Major Functions:

1. Drafting the Constitution:
   • To prepare a written Constitution embodying the political ideals of freedom, justice, and equality.
2. Integration of Princely States:
   • To lay the framework for unifying over 560 princely states with British Indian provinces.
3. Fundamental Rights and Directive Principles:
   • To ensure the protection of citizens’ rights and the establishment of a welfare state.
4. Adoption of a Federal Parliamentary System:
   • To balance power between the Centre and States while ensuring parliamentary democracy.

Working of the Assembly

1. Committees Formed

The Assembly worked through various committees, of which the most significant was the Drafting Committee, appointed on 29 August 1947, with Dr. B. R. Ambedkar as its Chairman.

Major Committees Included:

• Union Powers Committee – chaired by Jawaharlal Nehru.
• Union Constitution Committee – chaired by Jawaharlal Nehru.
• Provincial Constitution Committee – chaired by Sardar Vallabhbhai Patel.
• Fundamental Rights, Minorities and Tribal Areas Committee – chaired by Patel.
• Rules of Procedure Committee – chaired by Rajendra Prasad.

2. Drafting and Debates

• The first draft was prepared by B. N. Rau in October 1947.
• The Draft Constitution was introduced in the Assembly on 4 November 1948 by Dr. B. R. Ambedkar.
• The Assembly held 114 sittings over nearly three years (1946–1949) to discuss and refine the provisions.

3. Adoption of the Constitution

• The Constitution of India was adopted on 26 November 1949.
• It came into effect on 26 January 1950, celebrated as Republic Day, in remembrance of the Poorna Swaraj declaration of 1930.

Composition after Partition (1947)

Following the Partition of India in August 1947:

• The membership was reduced from 389 to 299, as seats from Pakistan and princely states that acceded to Pakistan were removed.
• Of these, 229 members represented British Indian provinces and 70 represented princely states.

Cost and Duration

• The Constituent Assembly met for 11 sessions spread over 2 years, 11 months, and 18 days.
• Total expenditure: ₹64 lakh.
• Despite the challenges of Partition and national integration, the Assembly completed its task with remarkable consensus.

Significance of the Constituent Assembly

1. Foundation of Indian Democracy:
   • It established the principles of popular sovereignty, secularism, and rule of law.
2. Inclusive Representation:
   • Though indirectly elected, it included representatives from all regions, religions, and sections of society.
3. Blend of Idealism and Pragmatism:
   • Combined Western democratic ideals with Indian socio-cultural realities.
4. Symbol of National Unity:
   • Amid Partition and communal violence, the Assembly worked harmoniously to frame a Constitution for a united India.
5. Legacy:
   • The Constitution remains a living document, evolving through amendments while upholding the values set by the framers.