Making of the Constitution: The Constituent Assembly, the Objectives Resolution & the Drafting Committee

The Demand for a Constituent Assembly

🎯 Exam priority: Important. A regularly tested topic — know the key dates, the committees and their chairmen, and the "firsts" cold.

The Constitution did not appear overnight. It was framed by a Constituent Assembly over nearly three years. The demand for such a body grew through the freedom struggle before it was finally conceded.

The demand for a Constituent Assembly

• The idea was first put forward in 1934 by M.N. Roy (a pioneer of the communist movement). In 1935 the Indian National Congress officially demanded a Constituent Assembly; in 1938 Nehru declared it must be elected on adult franchise and free of outside interference.

• The demand was accepted in principle in the 'August Offer' of 1940. The Cripps Mission (1942) offered a post-war constitution but was rejected by the Muslim League (which wanted two constituent assemblies). Finally the Cabinet Mission (1946) — Pethick-Lawrence, Stafford Cripps and A.V. Alexander — rejected two assemblies but framed the scheme under which the Assembly was actually constituted.

Composition: the Cabinet Mission Plan

The Assembly was constituted in November 1946 under the Cabinet Mission Plan — a partly elected, partly nominated body, not directly chosen by the people.

Composition (the Cabinet Mission Plan)

• The Cabinet Mission — Lord Pethick-Lawrence, Sir Stafford Cripps and A.V. Alexander — arrived in India on 24 March 1946 and published its plan on 16 May 1946, rejecting the demand for a separate Pakistan and laying down the scheme for the Constituent Assembly.

• Total strength: 389 — 296 seats for British India (292 from the 11 governors' provinces + 4 from the 4 chief commissioners' provinces) and 93 for the princely states. Roughly one seat per million people.

• Provincial seats were divided among three communities — Muslims, Sikhs and General — by population, and members were indirectly elected by the provincial assemblies through proportional representation by single transferable vote; princely-state members were nominated by their rulers.

• In the July-August 1946 elections (for the 296 British-India seats), the Congress won 208 and the Muslim League 73. The Assembly represented all sections of society — the only major absentee being Mahatma Gandhi. After Partition, the Muslim League members from Pakistan areas withdrew, and the total fell to 299 (provinces 296→229, states 93→70).

Working of the Assembly & the Objectives Resolution

The Assembly's opening months gave the Constitution its guiding philosophy and its leadership.

Working of the Assembly & the Objectives Resolution

• It met for the first time on 9 December 1946 (the Muslim League boycotted; only 207 attended). Dr Sachchidananda Sinha, the oldest member, was the temporary chairman (the "French practice"). On 11 December 1946, Dr Rajendra Prasad became the permanent President, with H.C. Mukherjee elected Vice-President (on 25 Jan 1947); the Assembly later resolved to have two VPs and elected V.T. Krishnamachari as the second Vice-President (16 July 1947).

• On 13 December 1946, Jawaharlal Nehru moved the historic 'Objectives Resolution' — laying down the philosophy of the Constitution (a sovereign republic; justice, liberty, equality; safeguards for minorities). Adopted on 22 January 1947, its modified version became the Preamble.

• After the Independence Act, the Assembly became a fully sovereign body with a dual role: as a constituent body (chaired by Rajendra Prasad) and as the first legislature/Parliament of free India (chaired by G.V. Mavalankar). It also adopted the national flag (22 July 1947), ratified India's membership of the Commonwealth (May 1949), adopted the anthem and song (24 January 1950), and elected Rajendra Prasad as the first President of India (24 January 1950).

Committees & the Drafting Committee

The Assembly worked through committees — eight major ones — of which the Drafting Committee was the most important.

Committees & the Drafting Committee

• The major committees and their chairmen: Union Powers and Union Constitution committees (both Nehru); Provincial Constitution and the Advisory Committee on Fundamental Rights & Minorities (both Sardar Patel); the Rules of Procedure and Steering committees (both Rajendra Prasad); the States Committee (Nehru); and the Drafting Committee (Dr B.R. Ambedkar).

• The Drafting Committee — set up on 29 August 1947 with seven members (Ambedkar as chairman, N. Gopalaswami Ayyangar, Alladi Krishnaswamy Ayyar, K.M. Munshi, Syed Mohammad Saadullah, N. Madhava Rau and T.T. Krishnamachari) — prepared the draft. As Law Minister, Ambedkar piloted the Constitution and is honoured as the 'Father / chief architect of the Constitution of India'. (Sir B.N. Rau was the constitutional advisor; S.N. Mukherjee was the chief draftsman.)

• Patel's Advisory Committee on Fundamental Rights & Minorities worked through sub-committees with their own chairmen — Fundamental Rights (J.B. Kripalani), Minorities (H.C. Mukherjee), North-East Frontier Tribal Areas & Assam (Gopinath Bardoloi) and Excluded & Partially Excluded Areas elsewhere (A.V. Thakkar). Earlier, on 8 July 1946 the Congress had set up an Experts Committee under Nehru to prepare the material that shaped the Objectives Resolution.

Enactment & Enforcement

From draft to law took two years of debate — and a deliberately symbolic commencement date.

Enactment & Enforcement

• The Drafting Committee published a first draft in February 1948, gave the public eight months to suggest changes, and brought out a second draft in October 1948; the Committee itself sat for only 141 days. Ambedkar then introduced the final draft on 4 November 1948 (first reading), the clause-by-clause second reading ran to 17 October 1949 with 7,653 amendments moved and 2,473 discussed, and the third reading ended on 26 November 1949 — when the Constitution was adopted (then a Preamble, 395 Articles and 8 Schedules), the date now marked as Constitution Day (Samvidhan Divas, since 2015). Of the 299 members, 284 were present and signed the document.

• On commencement (26 Jan 1950), the Indian Independence Act, 1947 and the Government of India Act, 1935 (with all amending Acts) were repealed (only the Abolition of Privy Council Jurisdiction Act, 1949 was retained). The Constitution originally had no authoritative Hindi text; the 58th Amendment (1987) inserted Article 394-A, empowering the President to publish an authoritative Hindi translation.

• A few provisions (citizenship, elections, provisional Parliament — Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393) came into force on 26 November 1949; the rest on 26 January 1950, the 'date of commencement' (Republic Day). That date was chosen because 26 January 1930 was the first 'Purna Swaraj' day (after the Lahore session of 1929).

• By the numbers: 11 sessions over 2 years, 11 months and 18 days; the makers studied the constitutions of about 60 countries; the draft was debated for 114 days; total cost ≈ ₹64 lakh. The original copy was hand-calligraphed by Prem Behari Narain Raizada and decorated by Shantiniketan artists (Nandalal Bose).

Criticism of the Constituent Assembly

For balance, know the standard criticisms of the Assembly — UPSC sometimes frames questions around them.

Criticism of the Constituent Assembly

• Not representative — members were indirectly elected by the provincial assemblies, which were themselves chosen on a limited franchise (tax/property qualifications under the Government of India Act, 1935), not universal adult suffrage — and the Assembly was not sovereign (it was created by a British proposal). Time-consuming — a member, Naziruddin Ahmed, mockingly called the Drafting Committee a "Drifting Committee" (the US framers took only ~4 months).

• Congress-dominated — a noted constitutional historian observed that "the Assembly was the Congress and the Congress was India"; also criticised as lawyer-and-politician dominated and (by Lord Simon and Winston Churchill) as a "Hindu-dominated" body. These critiques are standard exam fodder for a balanced answer.

Quick Revision: Key Dates & Committee Chairmen

Two quick-revision grids — the dates UPSC loves, and the committee-to-chairman matches (a classic Prelims format).

Quick revision: key dates & committee chairmen

Major committees → chairmen

Important facts at a glance

• Seal/symbol of the Assembly: the elephant. Secretary: H.V.R. Iyengar. Chief draftsman: S.N. Mukherjee. Constitutional advisor: Sir B.N. Rau. Calligrapher of the original copy: Prem Behari Narain Raizada; decorated by Shantiniketan artists under Nandalal Bose.

• Women members: the Assembly had 15 women members, including Sarojini Naidu, Vijayalakshmi Pandit, Hansa Mehta, Rajkumari Amrit Kaur, Sucheta Kripalani, Durgabai Deshmukh, Begum Aizaz Rasul and Dakshayani Velayudan.

Why This Matters for UPSC

Why this matters for UPSC

• Prelims (the firsts & matches): M.N. Roy (1934); Cabinet Mission (389 members; 296+93); first meeting (9 Dec 1946); Sachchidananda Sinha (temporary chairman) & Rajendra Prasad (permanent President); Objectives Resolution → Preamble; the Drafting Committee (Ambedkar, 29 Aug 1947, 7 members); adopted 26 Nov 1949, enforced 26 Jan 1950; committee-to-chairman matching.

• Mains: the Objectives Resolution as the soul of the Constitution; an assessment of the Constituent Assembly against its critics (representative? sovereign? Congress-dominated?).

Test Yourself: Practice Questions

Making of the Constitution is a high-frequency Prelims topic built on dates, the 'firsts', and committee-to-chairman matches. Decide your answer, then open Show answer.

Practice Questions

Q1. The idea of a Constituent Assembly for India was first put forward in 1934 by:

• (a) Mahatma Gandhi

• (b) Dr B.R. Ambedkar

• (c) Jawaharlal Nehru

• (d) M.N. Roy

Q2. The Constituent Assembly was constituted under the:

• (a) Cripps Mission of 1942

• (b) Indian Independence Act of 1947

• (c) Cabinet Mission Plan of 1946

• (d) August Offer of 1940

Q3. The total strength of the Constituent Assembly under the Cabinet Mission Plan was:

• (a) 299

• (b) 296

• (c) 389

• (d) 545

Q4. Who acted as the temporary (provisional) chairman of the Constituent Assembly at its first sitting?

• (a) Dr B.R. Ambedkar

• (b) Dr Sachchidananda Sinha

• (c) H.C. Mukherjee

• (d) Dr Rajendra Prasad

Q5. The 'Objectives Resolution', which became the basis of the Preamble, was moved by:

• (a) Dr B.R. Ambedkar

• (b) Sardar Patel

• (c) Jawaharlal Nehru

• (d) Dr Rajendra Prasad

Q6. The Drafting Committee of the Constitution was chaired by ___ and had ___ members:

• (a) Dr Rajendra Prasad; eight

• (b) Dr B.R. Ambedkar; seven

• (c) Nehru; five

• (d) Sardar Patel; seven

Q7. The Constitution of India was adopted by the Constituent Assembly on ___ and came into force on ___:

• (a) 26 November 1949; 15 August 1947

• (b) 26 January 1950; 26 November 1949

• (c) 15 August 1947; 26 January 1950

• (d) 26 November 1949; 26 January 1950

Q8. When adopted on 26 November 1949, the Constitution originally contained:

• (a) a Preamble, 395 Articles and 8 Schedules

• (b) a Preamble, 395 Articles and 12 Schedules

• (c) a Preamble, 448 Articles and 12 Schedules

• (d) a Preamble, 370 Articles and 10 Schedules

Q9. January 26 was chosen as the date of commencement of the Constitution because:

• (a) it was Ambedkar's birthday

• (b) 26 January 1930 had been celebrated as the first Purna Swaraj (Independence) day

• (c) it was India's Independence Day

• (d) it was the day the Drafting Committee was formed

Q10. The Cabinet Mission, which laid down the scheme for the Constituent Assembly, reached India in:

• (a) August 1940

• (b) August 1942

• (c) July 1947

• (d) March 1946

Q11. On the commencement of the Constitution, which two enactments were repealed?

• (a) The Regulating Act 1773 and the Pitt's India Act 1784

• (b) The Indian Independence Act 1947 and the Government of India Act 1935

• (c) The Indian Councils Act 1909 and the Government of India Act 1919

• (d) The Rowlatt Act and the Government of India Act 1919

Q12. How many women members were there in the Constituent Assembly?

• (a) 9

• (b) 11

• (c) 15

• (d) 25

Mains Practice Questions

Use these to frame full-length answers. You don't have to answer one exactly — they show the angles UPSC tests, so let them guide which points you cover.

• Trace the demand for a Constituent Assembly from 1934 to the Cabinet Mission Plan of 1946.

• How was the Constituent Assembly composed, and why do critics call it unrepresentative?

• Discuss the significance of the Objectives Resolution in shaping the Constitution.

• Describe the role of the Drafting Committee and Dr B.R. Ambedkar in making the Constitution.

• “The Constituent Assembly was the Congress and the Congress was India.” Critically examine the Assembly against its critics.