The Cabinet Mission and the composition of the Constituent Assembly
Making of the Constitution: Constituent Assembly, Sources and Salient Features · section 4 of 12
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Detail
1. The Cabinet Mission (1946)
- Cabinet Mission: three members of the British Cabinet sent to India in 1946. Their job was to agree with Indian leaders on how power would pass to India and how a constitution would be written. Class 11 NCERT calls it a "committee of the British cabinet".
- Its three members and their posts [3]:
- Lord Pethick-Lawrence, Secretary of State for India.
- Sir Stafford Cripps, President of the Board of Trade.
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A.V. Alexander, First Lord of the Admiralty.
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Cabinet Mission Plan: the Mission's proposals for India's constitutional future. They were announced on 16 May 1946.
- The Mission and the Viceroy, Lord Wavell, issued the Plan together as a statement [3].
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They issued it because the Indian political parties could not agree among themselves [3].
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Cripps did most of the drafting of the Plan [4].
- A three-tier federation: a federation is a system where power is shared between a central government and its units. The Plan's three tiers were the Union, the groups of provinces and the provinces [4].
- The Union government would be weak. It would handle only foreign affairs, defence and communications, plus the money needed for these subjects [4].
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Provinces would form three groups [4]:
- Group A: Hindu-majority provinces.
- Group B: Muslim-majority provinces in the west.
- Group C: Bengal and Assam.
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The grouping dispute, the Muslim League's withdrawal and Direct Action Day are covered as history in the note on framing the Constitution.
2. How seats were allotted
- Basis: seats were given roughly by population, at one seat for every ten lakh (1 million) people.
- Seat break-up:
| Unit | Seats | How members were chosen |
|---|---|---|
| Provinces (governor's provinces) | 292 | Indirect election by the provincial assemblies |
| Chief commissioners' provinces | 4 | Indirect election |
| Princely states | 93 (at most) | "By consultation"; in practice the rulers nominated them |
| Total | 389 | — |
- Seats for British India: 292 + 4 = 296. Only these seats were filled in the 1946 elections.
- Community-wise division: each province's seats were divided among three communities, general, Muslim and Sikh, in line with their share of the population.
- "General" meant everyone who was not Muslim or Sikh.
3. Method of election
- Indirect election: the people did not vote directly. Members of the provincial legislative assemblies chose the Assembly's members [2].
- Separate voting by community: the Muslim members of a provincial assembly elected the Muslim representatives. Sikh members elected the Sikh representatives. General members elected the general representatives.
- Proportional representation by single transferable vote (PR-STV): a voting method that gives each group seats in line with its voting strength.
- Each voter ranks the candidates in order of choice: 1, 2, 3 and so on.
- A candidate who reaches the fixed quota of votes is elected.
- Surplus votes (votes beyond the quota) pass to the voters' next choice.
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Smaller groups can therefore still win some seats.
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Princely states: their members were to be chosen "by consultation". In practice the rulers nominated them. They joined the Assembly gradually from 1947.
4. The 1946 elections: an assembly partly elected, partly nominated
- Background: provincial elections were held in winter 1945–46. The Muslim League won all 30 Muslim seats in the Central Legislative Assembly and most Muslim seats in the provinces [5].
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Congress won most general seats. However, it could no longer claim to speak for all of British India [5].
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Constituent Assembly elections, July–August 1946 (296 British-India seats):
| Party | Seats |
|---|---|
| Indian National Congress | 208 |
| Muslim League | 73 |
| Small groups and independents | 15 |
| Total | 296 |
- Nature of the body:
- It was partly indirectly elected, by provincial assemblies. Those assemblies had themselves been chosen on a limited franchise: under the Government of India Act, 1935, only people with property, tax-paying or education qualifications could vote.
- It was partly nominated, through the princely states' members.
- It was not elected by universal adult franchise, meaning a vote for every adult.
5. First sitting and office-bearers
- League boycott: the Muslim League opposed calling the Assembly. It announced its boycott officially on 22 November 1946 [6].
- First sitting, 9 December 1946:
- It was held in New Delhi, in the Constitution Hall. This is now the Central Hall of Parliament House [7].
- The League stayed away.
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NCERT Class 7 says the Assembly was "formed" on this date. More exactly, 9 December was its first sitting. The Cabinet Mission Plan had created the Assembly in 1946 [2].
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Provisional President, Dr Sachchidananda Sinha:
- A provisional President chairs the house for a short time, until a permanent President is elected.
- Sinha took the chair because he was the oldest member [7].
- He was also India's oldest parliamentarian. He had been a member of the Imperial Legislative Council from 1910 and of the Central Legislative Assembly from 1921 [8].
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He opened the session by giving his blessings to the Assembly's work.
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Permanent President: Dr Rajendra Prasad was elected on 11 December 1946. The correct title is President. NCERT Class 7 wrongly calls him "Chairman".
- Vice-Presidents: H.C. Mookerjee and V.T. Krishnamachari.
- Constitutional Adviser: Sir B.N. Rau. He was a civil servant and legal expert who prepared the background papers and the first draft.
6. Partition and the reduced Assembly
- 3 June 1947 Plan (Mountbatten Plan): this plan accepted the Partition of India.
- Members from areas going to Pakistan stopped being members of India's Assembly.
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Those areas would have a separate Constituent Assembly.
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Strength after Partition: 299:
| Unit | Members |
|---|---|
| Provinces | 229 (12 British-Indian provinces) [2] |
| Princely states | 70 [2] |
| Total | 299 |
- Length of work: the Assembly finished the Constitution in 2 years, 11 months and 11 sessions spread over 166 days [2].
7. How representative was it?
- Religion: members from all religions sat in the Assembly, including Hindus, Muslims, Sikhs, Christians and Parsis [2].
- Social groups:
- It had 28 Scheduled Caste members. Scheduled Castes are the castes listed for special protection because of the historical injustice of untouchability.
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It also had about 6 members from backward tribes [2].
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Women: it had 15 women members [2]. Their names are listed in the history note on framing the Constitution.
- Congress dominance: Congress held about 82% of seats after Partition. Another estimate says close to 80% of members were elected on a Congress ticket [2].
- Congress was very diverse inside. It included socialists, conservatives, religious leaders and secular members.
- So the Assembly still held "almost all shades of opinion".
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Some leading members were not from Congress, for example B.R. Ambedkar.
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Legitimacy question: Was the Assembly valid without the Muslim League and without adult franchise? Its defence rests on three points:
- its members were very diverse;
- its debates were open and in public;
- it decided by consensus (broad agreement) rather than by majority alone.
Prelims Hooks
- The Cabinet Mission had three members: Pethick-Lawrence (Secretary of State for India), Stafford Cripps (President of the Board of Trade) and A.V. Alexander (First Lord of the Admiralty). Trap: Attlee and Wavell were not members.
- Seat ratio: one seat per 10 lakh people. Total 389 = 292 provinces + 4 chief commissioners' provinces + 93 princely states.
- Communities used to divide each province's seats: general, Muslim, Sikh. No separate category for Scheduled Castes or Christians.
- Method of election: indirect, by provincial assemblies, using proportional representation by single transferable vote. It was not universal adult franchise.
- Princely-state members were chosen "by consultation", which meant nomination by the rulers.
- 1946 elections to the 296 British-India seats: Congress 208, Muslim League 73, others 15.
- First sitting: 9 December 1946, chaired by provisional President Sachchidananda Sinha, the oldest member. Rajendra Prasad was elected President on 11 December 1946.
- Vice-Presidents: H.C. Mookerjee and V.T. Krishnamachari. Constitutional Adviser: B.N. Rau.
- After the 3 June 1947 Plan, strength fell to 299 (229 provinces + 70 princely states). The Assembly had 15 women.
- Under the Cabinet Mission Plan, the Union was limited to foreign affairs, defence and communications. Provinces were grouped into A, B and C.
Mains Points
- Legitimacy despite indirect election (GS-II): The Assembly was chosen by assemblies elected on a 1935-Act limited franchise, and princely members were nominated. Even so, it was widely accepted for four reasons:
- it spread across religions, castes, regions and ideologies (28 SC members, 15 women);
- Congress itself was a broad coalition;
- its debates were open and public;
- it decided by consensus.
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NCERT's cartoon question asks what would have changed if all adults had elected it. Possible answers: greater legitimacy and maybe more women and Dalit members, but also a risk of more polarised communal campaigning in 1946.
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Why diversity mattered (GS-II/GS-I):
- A diverse body gave minorities ownership of the final text.
- It reduced the risk that a majority would write the Constitution to suit itself.
- It explains why rights such as Articles 29–30 (minority cultural and educational rights) and reservations found consensus.
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This answers NCERT Class 7's question on diversity.
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Design of the Cabinet Mission scheme (GS-I):
- PR-STV and community-wise seats protected minorities inside each province.
- However, the weak centre and grouping of provinces encouraged communal blocs. Disputes over grouping led to the League's boycott (announced 22 November 1946).
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Partition later freed the Assembly to build a strong centre.
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Congress dominance: one-party domination or a broad coalition? (GS-I):
- About 80–82% of seats were Congress seats. This could suggest one-party control.
- But Congress included many opposing views, and non-Congress experts such as Ambedkar and B.N. Rau played central roles. So the Constitution reflects a negotiated national consensus rather than a party programme.
Sources
- 1Class 11, Ch 1 "Constitution: Why and How?"; Class 7, Ch 10 "The Constitution of India: An Introduction"; Class 11, Ch 10 "The Philosophy of the Constitution" (primary)
- 2Constituent Assembly — Constitution of Indiaconstitutionofindia.net · tier 3
- 3Cabinet Mission Plan (Cabinet Mission, 1946) Archives — Constitution of Indiaconstitutionofindia.net · tier 3
- 4Cabinet Mission Plan — Britannicabritannica.com · tier 3
- 5India: The transfer of power and the birth of two countries — Britannicabritannica.com · tier 3
- 6This Month in Constitution-Making (November 1946): Was the Constituent Assembly Valid Despite Muslim League Absence?constitutionofindia.net · tier 3
- 7Constituent Assembly of India — Rajya Sabha, Sansadsansad.in · tier 1
- 8Text of Remarks by Chairman, Rajya Sabha, to mark the first sitting of the Constituent Assembly — PIBpib.gov.in · tier 1