Constituent Assembly of India

The Constituent Assembly of India was the sovereign body entrusted with the historic responsibility of drafting the Constitution of independent India. It was the first representative institution in Indian history to frame a political charter through deliberation, consensus, and democratic procedure. The Assembly’s work culminated in the adoption of the Constitution of India on 26 November 1949, which came into effect on 26 January 1950, laying the foundation of the world’s largest democracy.

Background and Origin

The idea of a Constituent Assembly to draft India’s Constitution was first mooted by M. N. Roy in 1934, and later supported by the Indian National Congress. The demand gained momentum as part of India’s struggle for self-rule.

• In 1935, the Indian National Congress formally adopted the demand for a Constituent Assembly based on adult franchise.
• The British Government initially rejected the proposal, but the political situation during and after World War II made constitutional reform inevitable.

The Cripps Mission (1942):

• Sir Stafford Cripps, sent by the British Government, proposed that India would frame its own Constitution after the war, but his proposals failed to satisfy Indian leaders.

The Cabinet Mission Plan (1946):

• The final plan for setting up a Constituent Assembly was announced by the Cabinet Mission in May 1946.
• It provided for a partly elected and partly nominated body to frame the Constitution.
• The Constituent Assembly of India was thus constituted in November 1946, in accordance with this plan.

Composition of the Constituent Assembly

• Total Strength (Initially): 389 members.
  • 292 members from British Indian Provinces.
  • 93 members from Princely States.
  • 4 members from Chief Commissioners’ Provinces (Delhi, Ajmer-Merwara, Coorg, British Baluchistan).
• Election Method:
  • The provincial representatives were indirectly elected by the members of the Provincial Legislative Assemblies, following the proportional representation system with a single transferable vote.
  • Seats were allocated on a communal basis (General, Muslim, Sikh).
  • Members from Princely States were to be nominated by their rulers.
• Chairman of the Constituent Assembly:
  • Dr. Rajendra Prasad was elected as the President (permanent chairman) of the Assembly on 11 December 1946.
  • H. C. Mukherjee was elected as Vice-President.
  • Sir B. N. Rau served as the Constitutional Adviser.

After the partition of India in August 1947, the Muslim League members from Pakistan withdrew, reducing the strength of the Assembly to 299 members.

Working of the Constituent Assembly

First Meeting:

• Held on 9 December 1946 in the Constitution Hall (now the Central Hall of Parliament House, New Delhi).
• Sachchidananda Sinha served as the Provisional Chairman until Dr. Rajendra Prasad was elected.

Objective Resolution (22 January 1947):

• Moved by Pandit Jawaharlal Nehru, it laid down the philosophy and vision of the Constitution, declaring India as an independent sovereign republic and ensuring justice, equality, liberty, and fraternity.
• This resolution later formed the basis of the Preamble to the Constitution.

Committees of the Assembly:

To deal with the vast range of issues, the Assembly appointed 22 committees, of which 8 were major committees.
Major Committees:

1. Union Powers Committee – Jawaharlal Nehru
2. Union Constitution Committee – Jawaharlal Nehru
3. Provincial Constitution Committee – Sardar Vallabhbhai Patel
4. Drafting Committee – Dr. B. R. Ambedkar (Chairman)
5. Advisory Committee on Fundamental Rights and Minorities – Sardar Vallabhbhai Patel
6. Rules of Procedure Committee – Dr. Rajendra Prasad
7. Steering Committee – Dr. Rajendra Prasad
8. Finance and Staff Committee – Dr. Rajendra Prasad

The Drafting Committee, appointed on 29 August 1947, was the most significant, tasked with preparing the first draft of the Constitution.
Members of the Drafting Committee:

1. Dr. B. R. Ambedkar (Chairman)
2. N. Gopalaswami Ayyangar
3. Alladi Krishnaswami Ayyar
4. K. M. Munshi
5. Syed Mohammad Saadullah
6. N. Madhava Rau (replaced B. L. Mitter)
7. T. T. Krishnamachari (replaced D. P. Khaitan after his death)

Time Taken and Sessions

• The Constituent Assembly held 11 sessions over 2 years, 11 months, and 18 days.
• Total sittings: 165 days devoted to discussion and adoption of the Constitution.
• Draft Constitution: Submitted by the Drafting Committee on 4 November 1948.
• The final Constitution was adopted on 26 November 1949, and came into effect on 26 January 1950 — celebrated as Republic Day.

Adoption and Enactment

• Adoption: 26 November 1949
• Enforcement (Commencement): 26 January 1950 (chosen to commemorate the Purna Swaraj Declaration of 1930).
• Final Composition: 284 members signed the Constitution, including 15 women.
• Dr. B. R. Ambedkar, as the Chairman of the Drafting Committee, is widely regarded as the Chief Architect of the Indian Constitution.

Features of the Constitution as Framed by the Assembly

The Constituent Assembly borrowed and adapted features from various sources, while embedding India’s unique social, political, and cultural needs.

1. Federal System with Unitary Bias
2. Parliamentary Form of Government
3. Fundamental Rights and Directive Principles of State Policy
4. Independent Judiciary
5. Single Citizenship and Integrated Judiciary
6. Universal Adult Franchise
7. Secular and Democratic Republic
8. Emergency Provisions
9. Special Provisions for Minorities and Scheduled Groups

Influence of Various Sources

Criticism of the Constituent Assembly

Despite its monumental achievement, the Assembly faced some criticism:

1. Non-Representativeness: Members were indirectly elected and not chosen by universal adult franchise.
2. Dominance of the Congress Party: Congress held a majority, reducing scope for opposition.
3. Time-Consuming Process: Almost three years were taken to finalise the Constitution.
4. Excessive Borrowing: Critics argued that the Constitution lacked originality due to its dependence on foreign models.
5. Limited Role of Women and Minorities: Although inclusive, representation was still limited by social constraints of the time.

However, these criticisms are outweighed by the Assembly’s success in producing a comprehensive, enduring, and inclusive Constitution.

Achievements of the Constituent Assembly

1. Democratic Process: Decisions were reached through extensive debate, discussion, and consensus.
2. Secular and Inclusive Vision: Safeguards for minorities, backward classes, and women were embedded in the Constitution.
3. Blend of Flexibility and Rigidity: Ensured the Constitution could adapt to future needs while preserving core principles.
4. Social and Economic Justice: Through Fundamental Rights and Directive Principles, the Assembly sought to build an egalitarian society.
5. National Integration: Unified a diverse nation under a single constitutional framework.

Cost and Time

• Duration: 2 years, 11 months, and 18 days.
• Cost: Approximately ₹6.4 crore — modest considering the magnitude of its work.

Significance

The Constituent Assembly of India was not merely a drafting body; it was a miniature parliament, representing the aspirations of millions of Indians emerging from colonial rule. It provided a democratic foundation for governance, safeguarded individual rights, and balanced national unity with regional diversity.
As Dr. B. R. Ambedkar eloquently stated during the final session:

“We are going to enter a life of contradictions. In politics, we will have equality, and in social and economic life, we will have inequality… How long shall we continue to deny equality in our social and economic life?”