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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In this note
  1. Detail
  2. Prelims Hooks
  3. Mains Points

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.
  • A.V. Alexander, First Lord of the Admiralty.

  • 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].
  • They issued it because the Indian political parties could not agree among themselves [3].

  • 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].
  • Provinces would form three groups [4]:

    • Group A: Hindu-majority provinces.
    • Group B: Muslim-majority provinces in the west.
    • Group C: Bengal and Assam.
  • 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.
  • Smaller groups can therefore still win some seats.

  • 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].
  • Congress won most general seats. However, it could no longer claim to speak for all of British India [5].

  • 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.
  • 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].

  • 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].
  • He opened the session by giving his blessings to the Assembly's work.

  • 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.
  • Those areas would have a separate Constituent Assembly.

  • 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.
  • It also had about 6 members from backward tribes [2].

  • 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".
  • Some leading members were not from Congress, for example B.R. Ambedkar.

  • 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.
  • 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.

  • 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.
  • This answers NCERT Class 7's question on diversity.

  • 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).
  • Partition later freed the Assembly to build a strong centre.

  • 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

  1. 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)
  2. 2Constituent Assembly — Constitution of Indiaconstitutionofindia.net · tier 3
  3. 3Cabinet Mission Plan (Cabinet Mission, 1946) Archives — Constitution of Indiaconstitutionofindia.net · tier 3
  4. 4Cabinet Mission Plan — Britannicabritannica.com · tier 3
  5. 5India: The transfer of power and the birth of two countries — Britannicabritannica.com · tier 3
  6. 6This Month in Constitution-Making (November 1946): Was the Constituent Assembly Valid Despite Muslim League Absence?constitutionofindia.net · tier 3
  7. 7Constituent Assembly of India — Rajya Sabha, Sansadsansad.in · tier 1
  8. 8Text of Remarks by Chairman, Rajya Sabha, to mark the first sitting of the Constituent Assembly — PIBpib.gov.in · tier 1