Constituent Assembly of India

History glossary

Topic: Framing the Indian Constitution · NCERT: Class 12, Ch 4 "Framing the Constitution"

Meaning

The Constituent Assembly of India was the body that wrote India's Constitution. Its members were not elected directly by the people. They were chosen by the Provincial Legislatures formed after the provincial elections of winter 1945-46. It first met on 9 December 1946 [2][3].

It matters because almost every rule of the Indian state comes from its debates. UPSC also asks often how representative the Assembly really was, since 82 per cent of its members were Congressmen.

Explanation

Background: how the Assembly was formed

  • The Assembly was set up under the plan of the Cabinet Mission. This was a team of three British ministers sent to work out how power would pass to Indians. Its scheme was announced on 16 May 1946.
  • The Mission's scheme also proposed grouping the provinces into three blocs. Each group would rule itself in most matters, and a province could opt out of its group [4]:
  • Group A (Hindu-majority): Bombay, Madras, United Provinces, Bihar, Orissa, Central Provinces [4]
  • Group B (Muslim-majority): Punjab, Sind, North-West Frontier, Balochistan [4]

  • Group C: Bengal and Assam [4]

  • The Assembly's planned total strength was 389 members [2][3].

How members were chosen: two steps away from the voter

  • There was no universal franchise. Universal franchise means every adult can vote. Ordinary Indians did not vote for the Assembly.
  • Step 1: the provincial elections of winter 1945-46.
  • Only a small electorate voted in these elections.

  • The right to vote depended on owning property and on education.

  • Step 2: the Provincial Legislatures chose the members.

  • The legislatures formed by those elections picked the representatives to the Assembly.
  • So the Assembly was "a body picked by a body".

Who came and who stayed away

  • Congress won most of the general seats. It was by far the largest group.
  • The Muslim League won most of the reserved Muslim seats, but boycotted the Assembly.
  • It wanted Pakistan, with a separate constitution of its own.

  • On 29 January 1947 it demanded that the Assembly be dissolved (shut down).

  • The Socialists also stayed away at first. They said the Assembly was a British creation, made under a British plan, so it could not be a truly free body.

  • The result: 82 per cent of the members were also Congress members.
  • But Congress was not one single voice. Opposite views sat inside it:
  • socialists, who wanted the state to take over land and industry, and defenders of landlordism, who wanted private property left alone;

  • the communally inclined, who thought in terms of their religious community, and the assertively secular, who wanted religion kept out of state affairs.

  • Why the arguments did not break the Assembly: the members had been trained by the national movement. For decades they had argued in public and learnt to negotiate their differences instead of walking out.

How it worked

  • Public opinion fed into its work.
  • The press reported its debates, and readers argued over them.

  • People sent in submissions (written demands and suggestions):

    • Linguistic minorities, people whose language was not the main language of their province, wanted protection for their mother tongue.
    • Religious minorities wanted special safeguards in the Constitution.
    • Dalits wanted an end to caste oppression and reserved seats in government bodies.

  • The work was divided among committees:

Committee President
Drafting B.R. Ambedkar
Union Power, Union Constitution, States Jawaharlal Nehru
Provincial Constitution, Advisory Vallabhbhai Patel
Rules of Procedure, Steering Rajendra Prasad
Flag, Fundamental Rights Sub-Committee J.B. Kripalani
Minorities Sub-Committee H.C. Mookerjee
Supreme Court Committee S. Varadachariar
  • Memory hook: Nehru took the Union, Patel took the provinces and the Advisory work, Prasad ran the procedure, and Ambedkar drafted the text.
  • Result: the Constitution was signed in December 1949 and came into force on 26 January 1950.

Time, place and evidence

  • Period: 1946-1950, the last years of British rule and the first years of independent India.
  • Sequence of events:
Date Event
16 May 1946 Cabinet Mission scheme announced
16 August 1946 Direct Action Day
2 September 1946 Interim Government under Nehru takes office
9 December 1946 First sitting of the Constituent Assembly
29 January 1947 Muslim League demands dissolution of the Assembly
14-15 August 1947 Independence; Partition
December 1949 Constitution signed
26 January 1950 Constitution comes into force
  • The Assembly started work before Independence and after the violence of Direct Action Day. It wrote the Constitution in the middle of Partition, not in calm times.
  • Place: the first sitting was held in New Delhi, in the Constitution Hall. This room is now called the Central Hall of Parliament House [2][3].
  • First sitting: 207 representatives attended, including nine women [2][3]. The gap between 207 and the planned 389 shows the effect of the League boycott.
  • Key people: Dr Sachchidananda Sinha, the oldest member, chaired the first sitting as temporary (provisional) President [2][3]. The committee presidents were B.R. Ambedkar, Jawaharlal Nehru, Vallabhbhai Patel, Rajendra Prasad, J.B. Kripalani, H.C. Mookerjee and S. Varadachariar.
  • How we know: the main sources are the Assembly's official records, the Lok Sabha (Sansad) account of the Constituent Assembly [2], and the PIB backgrounder on Constitution Day [3]. Press reports and the public submissions sent to the Assembly also show what was debated outside it.

Don't confuse with

  • Cabinet Mission: this was the British team and plan of 16 May 1946 that set up the Assembly and proposed Groups A, B and C [4]. The Constituent Assembly was the Indian body that wrote the Constitution.
  • Interim Government (2 September 1946): this was the executive government under Nehru that ran the country day to day. The Constituent Assembly made the Constitution. It did not run the government.
  • Drafting Committee: this was only one committee of the Assembly, headed by B.R. Ambedkar, which prepared the text. The whole Assembly debated and passed it.
  • Dr Sachchidananda Sinha vs Rajendra Prasad: Sinha chaired only the first sitting, as the oldest member and provisional President [2][3]. Rajendra Prasad headed the Rules of Procedure and Steering Committees.

Prelims Hooks

  • Members were chosen by the Provincial Legislatures, not by universal adult franchise. Those legislatures came out of the winter 1945-46 provincial elections.
  • First sitting: 9 December 1946, in the Constitution Hall (today's Central Hall of Parliament House), chaired by Dr Sachchidananda Sinha [2][3].
  • 207 members, including nine women, attended the first sitting. The planned strength was 389 [2][3].
  • 82 per cent of members were also Congress members. The Muslim League boycotted it and demanded a separate constitution for Pakistan. The Socialists called it a British creation.
  • Correct order: Cabinet Mission scheme (16 May 1946) → Direct Action Day (16 Aug 1946) → Interim Government (2 Sept 1946) → first sitting (9 Dec 1946) → League demands dissolution (29 Jan 1947).
  • Committee pairs: Drafting – Ambedkar; Minorities Sub-Committee – H.C. Mookerjee; Supreme Court Committee – S. Varadachariar; Flag and Fundamental Rights Sub-Committee – J.B. Kripalani.

Mains Points

  • Was the Assembly representative? Imperfect in form, plural in practice.
  • Against: there was no universal franchise, members were elected indirectly, the League and the Socialists stayed away, and 82 per cent came from one party.

  • For: Congress itself held socialists, defenders of landlordism, secularists and the communally minded, so real debate took place inside it. Press reports and public submissions from linguistic minorities, religious minorities and dalits brought outside voices in.

  • The boycott and the violence shaped the Constitution.

  • The League's absence, and its demand on 29 January 1947 to dissolve the Assembly, removed the strongest voice for separate communal safeguards. This links to the later decision to drop separate electorates and keep reservation mainly for SCs and STs.

  • The chain Cabinet Mission (16 May 1946) → Direct Action Day (16 Aug 1946) → Partition (Aug 1947) explains why the Assembly wanted a strong Centre. The Cabinet Mission's grouping plan (Groups A, B, C) died with Partition [4].

  • Committees as a method of work. Dividing the work among committees headed by Nehru, Patel, Prasad and Ambedkar let a large, slow body write a long Constitution in under three years. This also shows Ambedkar's specific role as chairman of the Drafting Committee.

Related concepts

Read more

Sources

  1. 1Class 12, Ch 4 "Framing the Constitution" (primary)
  2. 2Constituent Assembly of Indiasansad.in · tier 1
  3. 3Backgrounder: Constitution Day — November 26, PIBstatic.pib.gov.in · tier 1
  4. 4Cabinet Mission Planbritannica.com · tier 3