Constituent Assembly of India: Formation, Composition and Functions

Constituent Assembly of India: M.N. Roy was the first to propose the idea of a Constituent Assembly in 1934, marking a significant moment in the political evolution of India. Roy, known as a pioneer of the communist movement in India, laid the foundation for discussions around self-governance. In 1935, the Indian National Congress (INC) formally demanded the formation of a Constituent Assembly to draft India’s Constitution. On behalf of the INC, Pandit Jawaharlal Nehru asserted that only the people of India, who understood the country’s social fabric and challenges, should be responsible for framing the Constitution. He advocated for a Constituent Assembly elected through adult franchise, free from any external influence.

In response, the British government conceded to the INC’s demand, leading to the ‘August Offer’ of 1940. To further discuss this, Sir Stafford Cripps, a British Cabinet member, came to India in 1942 with a draft proposal for India’s independence. However, the Muslim League rejected these proposals, as they called for dividing India into two autonomous states with separate Constituent Assemblies. After the failure of the Cripps Mission, the British government sent the Cabinet Mission, which, while rejecting the idea of two assemblies, presented a more agreeable plan that was eventually accepted by the Muslim League.

Formation of Constituent Assembly of India

When the Constituent Assembly first convened on December 9, 1946, it fulfilled a long-standing national aspiration, with demands for such an assembly dating back to 1924. On February 8, 1924, Motilal Nehru introduced the ‘National Demand’ in the Central Legislative Assembly, calling for a representative round table conference to draft a constitutional scheme for India. Despite the resolution’s passage by a large majority, it was met with scorn by Lord Birkenhead, the Secretary of State, who challenged Indians to produce a constitution themselves.

In response to India’s push for constitutional reform, the British government established the Indian Statutory Commission, also known as the Simon Commission, on November 8, 1927, to evaluate India’s readiness for further changes. The commission, composed entirely of British members, sparked widespread protests and was boycotted across the country. In reaction to both Birkenhead’s provocation and the Simon Commission’s appointment, the All Party Conference formed the Motilal Nehru Committee in May 1928 to outline the principles for India’s constitution. The Nehru Report, submitted on August 10, 1928, proposed several provisions that would later be incorporated into the Indian Constitution.

However, the report’s recommendation of dominion status for India became a sticking point. This proposal was rejected by a younger, more radical group led by Jawaharlal Nehru, Subhash Chandra Bose, and Satyamurthi, who demanded complete independence. The Muslim League also opposed the report, as it rejected the principle of separate communal electorates, a key feature of previous constitutional reforms. The report only reserved seats for Muslims in regions where they were in the minority, excluding provinces where they formed a majority.

With the Muslim League withdrawing support and growing dissatisfaction from younger radicals, Mahatma Gandhi sought a compromise at the Congress’s Calcutta session in December 1928. The Congress adopted the Nehru Report on the condition that if the British government failed to act by 1929, the Congress would launch a non-cooperation movement demanding full independence. When no progress was made, the Congress declared ‘Purna Swaraj’ (complete independence) as its goal at the Lahore session in 1929 and launched the Civil Disobedience Movement in April 1930.

As self-determination became non-negotiable, Jawaharlal Nehru first introduced the idea of a Constituent Assembly in 1933. By 1943, the Congress officially demanded a Constituent Assembly to decide India’s future. Rejecting the 1933 proposals for Indian constitutional reform, the Congress Working Committee stated in 1934, “The only satisfactory alternative to the White Paper is a Constitution drawn up by a Constituent Assembly elected based on an adult franchise or as close to it as possible.”

At the Congress sessions in Wardha (1936), Faizpur (1937), Haripura (1938), and Tripuri (1939), the demand for a Constituent Assembly was reiterated. On September 17, 1937, S. Satyamurthi introduced a resolution in the Central Legislative Assembly, advocating for the Government of India Act of 1935 to be replaced by a constitution drafted by a Constituent Assembly. By this time, there was growing recognition in Britain that India, as an independent nation, should be allowed to draft its own constitution. In 1938, during a meeting with Jawaharlal Nehru in London, Sir Stafford Cripps and Clement Attlee supported the idea of an Indian Constituent Assembly elected based on universal adult franchise.

However, with the onset of World War II, British policy toward India was torn between Churchill’s resistance and Cripps’ more progressive approach. Winston Churchill became Prime Minister in May 1940, leading a coalition government. As Nazi advances heightened concerns over India’s strategic importance, Viceroy Linlithgow extended the ‘August Offer’ in 1940. This offer acknowledged that Indians should have a primary role in framing their constitution but left vague how such a body would be formed. The offer failed to win over the Congress and the Muslim League, leading to its rejection and sparking a phase of individual Civil Disobedience.

With Japan’s expansion in Southeast Asia, British authorities sought Indian cooperation, prompting Churchill to dispatch the Cripps Mission in March 1942. Although Cripps assured that Indians would have sole responsibility for writing their constitution, the mission did not offer immediate self-government, and Congress leaders rejected it. Gandhi famously dismissed the offer of dominion status as a “post-dated cheque drawn on a crashing bank.” The Muslim League also rejected the mission, as it did not recognize the right to Muslim self-determination or the idea of partition.

After the Cripps Mission failed, the Congress escalated its struggle for independence. The ‘Quit India’ movement was launched, and the Congress resolved that a Constituent Assembly would be established by the Provisional Government of Free India to draft the country’s constitutional framework.

As World War II ended, it became clear that India’s independence was imminent. In July 1945, the Labour Party took power in Britain, initiating renewed efforts to resolve the Indian issue. Governor General Lord Wavell convened the Shimla Conference to address the differences between the Indian National Congress and the Muslim League, while also promising to establish a constitution-making body. However, the conference failed to bridge the divide, prompting the British government to send three cabinet members to India in March 1946 to find a solution.

On March 24, 1946, the Cabinet Mission, consisting of Lord Pethick-Lawrence, Sir Stafford Cripps, and Lord A.V. Alexander, arrived in India to discuss two key issues: the principles and procedures for drafting a new constitution, and the formation of an interim government based on the broadest possible agreement among Indian political parties. Although the mission sought to facilitate consensus, it was unable to bring the Congress and the League to an agreement. As a result, on May 16, 1946, the Cabinet Mission presented its own proposals.

The mission clarified that its role was not to dictate India’s future constitution but to establish the framework for Indians to draft one themselves. While acknowledging that Universal Adult Franchise would be ideal, the mission feared it would cause significant delays. Therefore, it recommended that members of the Constituent Assembly be elected by the newly elected legislative assemblies of the provinces, with one representative for every million people. Additionally, Sikh and Muslim legislators were to elect representatives proportionate to their populations.

The Cabinet Mission proposed a confederation with a three-tier structure, where the Union government would handle defense, revenue, foreign affairs, and communications, while provinces would have autonomy to adopt their own constitutions. This structure aimed to address the Muslim League’s demand for greater autonomy. The three sections of the proposed Constituent Assembly were:

• Section A: Hindu-majority provinces like Madras, the United Provinces, Orissa, Bombay, Bihar, and the Central Provinces.
• Section B: Muslim-majority provinces in the northwest, including Punjab, Sindh, and the North-West Frontier Province (N.W.F.P).
• Section C: Provinces like Assam and Bengal.

From the three sections of British India, a maximum of 292 members were to be elected to the Constituent Assembly through a single transferable vote. Additionally, 93 members were to represent the Indian States, and 4 members would come from the Chief Commissioner’s Provinces, bringing the total membership to 389.

The Cabinet Mission’s plan further outlined that the Constituent Assembly, after electing its chairman and other officials, would complete preliminary formalities and then split into three groups to draft separate constitutions. Once these were completed, the Assembly would reconvene as a whole to draft a constitution for the Union of India.

Although both the Congress and the Muslim League had reservations about the plan, the Congress decided to proceed with the Constituent Assembly. The League, despite its opposition, also chose to participate in the elections. Since the Assembly members were indirectly elected, the results of the 1945 state legislative assembly elections were reflected in the Assembly’s composition. The Congress secured 208 seats, the Muslim League won 73 seats, and the remaining 15 seats were distributed among other parties and interest groups such as landlords, commerce groups, the Panthik Akali Party, the Unionist Party, the Krishak Praja Party, the Scheduled Castes Federation, the Communist Party, and the Sahid Jirga.

The Muslim League continued to oppose the Constituent Assembly and refused to participate in its proceedings. As a result, when the Constituent Assembly convened for its first session from December 9 to December 21, 1946, the League’s absence was notable. The total number of members present for this session was 207. Dr. Sachidananda Sinha was proposed as the temporary chairman of the Assembly.

During its first session, the Constituent Assembly held four sittings, focusing on matters such as the presentation of credentials, signing of the register, election of a permanent chairman, the formation of a rules committee, and the introduction of the Objectives Resolution. On December 11, 1946, Dr. Rajendra Prasad was elected as the permanent chairman. Jawaharlal Nehru introduced the ‘Objectives Resolution’ on December 13, 1946, though it would be formally adopted in the second session.

As noted by D.D. Basu, the Objectives Resolution laid the philosophical foundation of the Indian Constitution and shaped its development in subsequent stages. For Nehru, it represented “something more than a resolution. It is a declaration, a firm resolve, a pledge, an undertaking, and for all of us a dedication.” Through the Objectives Resolution, the Constituent Assembly expressed its “firm and solemn resolve to proclaim India as an Independent Sovereign Republic and to draw up a Constitution for her future governance.” While the Assembly was formed under the Cabinet Mission Plan, the resolution emphasized that the sovereignty of the Constitution would be derived solely from the people of India.

The second session of the Constituent Assembly convened on January 20, 1947, and elected V.T. Krishnamachari and H.C. Mookherjee as vice-chairmen. The Objectives Resolution was officially adopted on January 22, 1947. Despite these developments, the Muslim League continued its boycott of the Assembly and strongly objected to the passage of the Objectives Resolution, particularly its reference to a “Union.” The League also opposed routine proceedings, including the establishment of committees such as the Union Powers Committee.

The Muslim League declared that the continuation of the Constituent Assembly and its decisions were “ultra vires, invalid, and illegal” and called for its dissolution, arguing that the Cabinet Mission Plan was contingent on agreement between both parties, and since that had not been achieved, the Assembly itself was invalid. The growing tensions made it clear that partition was becoming inevitable, and hopes for reconciliation within the framework of the Plan collapsed, particularly after the Vallabhbhai Patel-Liaqat Ali controversy .

The third session of the Constituent Assembly took place from April 28 to May 2, 1947. Lord Mountbatten, who had succeeded Lord Wavell as Viceroy, was appointed by the Attlee government to oversee the end of British rule in India by June 30, 1948. On April 15, 1947, Mountbatten announced that if no resolution was found to the ongoing deadlock, partition would be inevitable. Despite this looming threat, the Constituent Assembly continued its work without closing the door to the possible participation of the Muslim League. N. Gopalaswami Ayyangar even requested a delay in considering the first report of the Union Powers Committee in light of the situation.

However, the announcement of the June Plan, which confirmed the partition of India, led to significant changes in the Assembly’s composition. Prior to partition, the Congress held a 69 percent majority in the Assembly, but after the partition and the reduction of Muslim League representation to 28 members, the Congress majority increased to 82 percent. The Congress, which had previously held 206 seats out of the 296 members representing British India, now had 192 seats out of a total of 229 members. With partition, the earlier necessity for Congress and the League to collaborate in the Assembly was no longer required.

By August 1947, the Constituent Assembly was also functioning as the Union legislature, a temporary measure until a new legislature could be established under the forthcoming Constitution. However, its role as a constitution-making body remained clearly separate from its legislative duties (Austin, 1999).

Overall, the Constituent Assembly held 12 sessions over nearly three years, with the first six sessions dedicated to preparatory work. Sessions seven through eleven, spanning 110 days, focused on the discussion of the draft Constitution and other essential business. To handle both substantive and procedural matters, the Assembly established 23 committees, with sub-committees and ad-hoc committees formed under their guidance. Granville Austin, in The Indian Constitution: Cornerstone of a Nation, highlights these committees as some of the most crucial in shaping the Constitution (Chaube, 2000).

The Drafting Committee of the Constituent Assembly was appointed on August 29, 1947, with seven members: Alladi Krishnaswami Ayyar, N. Gopalaswamy Ayyangar, B.R. Ambedkar, K.M. Munshi, Saiyad Mohammad Saadulla, B.L. Mitter (who later resigned and was replaced by N. Madhava Rau), and D.P. Khaitan (who passed away and was replaced by T.T. Krishnamachari). The Committee’s first task was to review the draft prepared by Constitutional Advisor B.N. Rau. When it met for the first time on August 30, 1947, B.R. Ambedkar was elected as the chairman.

Under Ambedkar’s leadership, the Committee worked for over 40 days and published the first Draft Constitution of India in February 1948, opening it up for public feedback. From October 18 to 20, 1948, the Committee reconvened to consider the comments, criticisms, and suggestions received from across the country. After incorporating necessary amendments, a revised draft was published in late 1948. The Draft Constitution was then presented to the Constituent Assembly on November 4, 1948. The Assembly devoted its seventh to tenth sessions to the first two readings of the draft.

On November 17, 1949, the third reading began, and after nine days of intense debate, the Draft Constitution, comprising 395 articles and 8 schedules, was passed. In the twelfth session on January 24, 1950, all members of the Assembly signed the historic document.

According to Granville Austin, the Constituent Assembly followed three key principles throughout the drafting process:

1. Decision-making by Consensus – Decisions were made by unanimity or near unanimity, avoiding reliance on simple majority voting in resolving political conflicts. This principle was applied in matters such as federal and language provisions.
2. The Principle of Accommodation – The Assembly skillfully reconciled seemingly opposing ideas, such as combining federal and unitary systems, maintaining Commonwealth membership while declaring India a republic, and balancing Panchayati Raj provisions with strong central governance.
3. The Art of Selection and Modification – Drawing from various constitutions around the world, the Assembly adapted ideas to fit India’s unique needs, creating a “beautiful patchwork” of constitutional principles. The process of constitutional amendments is a key example of this principle.

In Austin’s view, the principles of consensus and accommodation are India’s original contributions to constitution-making.

Composition of Constituent Assembly

The Constituent Assembly was established in November 1946 according to the Cabinet Mission Plan. Its key features were:

1. Composition: The Assembly had a total of 389 members. Of these, 296 seats were allocated to British India, while 93 seats were reserved for the Princely States. Within British India, 292 seats were designated for the eleven governor provinces, three for the chief commissioner’s provinces, and one for Baluchistan.
2. Seat Allocation: Seats were assigned based on population proportions, with one seat allocated for every 1 million people. This approach applied both to the provinces and the princely states or groups of smaller states.
3. Community Representation: Seats allocated to British Indian provinces were divided among three major communities: Muslims, Sikhs, and General. The General seats were distributed in proportion to the population of each community.
4. Election Method: Representatives for each community were elected by members of that community in the provincial legislative assemblies using a proportional representation system with a single transferable vote.
5. Princely States: Representatives of the princely states were nominated by the heads of their respective states.

Overall, the Constituent Assembly was a hybrid body comprising both elected and nominated members. Members were indirectly elected by provincial assembly members, who themselves were elected through a limited franchise system.

The elections for the Constituent Assembly were held in July-August 1946 to fill the 296 seats allocated to British Indian provinces. Of these seats, the Indian National Congress secured 208, the Muslim League obtained 73, and the remaining 15 were won by Independents and small groups. The 93 seats reserved for the princely states remained unfilled as the princely states chose to stay away from the Assembly.

Despite not being directly elected by the Indian populace through universal adult franchise, the Constituent Assembly included representatives from various sections of society, including Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Indian Christians, Scheduled Castes (SCs), Scheduled Tribes (STs), and women.

Working of the Constituent Assembly

On December 9, 1946, the Constituent Assembly convened for the first time. Dr. Sachchidanand Sinha, the eldest member, was elected as the temporary president. The Muslim League boycotted this initial meeting, instead demanding a separate state of Pakistan. Consequently, only 211 members attended the session, which began under Dr. Sinha’s leadership.

Later, Dr. Rajendra Prasad was elected as the President of the Constituent Assembly. The Assembly also elected two Vice-Presidents: H.C. Mookherjee and V.T. Krishnamachari, both serving in the same role.

Objective Resolution

On December 13, 1946, Jawaharlal Nehru introduced the historic ‘Objective Resolution’ to the Assembly. This resolution outlined the core principles and philosophy of the Constituent Assembly’s work:

• The Assembly declared its firm and solemn resolve to establish India as an Independent Sovereign Republic and to draft a constitution for its future governance.
• It acknowledged that all territories comprising British India would form the Indian States, and that any other territories willing to join would constitute a unified sovereign India.
• The resolution stipulated that these territories, whether with their existing boundaries or as determined by the Constituent Assembly, would retain their autonomous status, with all residual powers and functions of government and administration, except those vested in or implied by the Union.
• The authority of Sovereign Independent India and its constituent parts would be derived from the people of India.
• It guaranteed justice—social, economic, and political; equality of status and opportunity; and freedoms of thought, expression, belief, faith, worship, vocation, association, and action, subject to law and public morality.
• Protections were to be provided for minorities, backward and tribal areas, and other disadvantaged classes.
• The resolution emphasized maintaining the integrity of the Republic’s territory and its sovereign rights on land, sea, and air, according to justice and international law.
• It also aspired for Sovereign India to attain a rightful and respected place in the world, contributing to global peace and the welfare of humanity.

The resolution was unanimously adopted by the Assembly on January 22, 1947, and has since influenced the shaping of the Constitution, with its modified version forming the preamble of the present Constitution.

Functions of the Constituent Assembly

The princely states, which had initially stayed away, gradually sent their representatives and joined the Constituent Assembly. By April 28, 1947, representatives from six princely states had become part of the Assembly. Following the acceptance of the Mountbatten Plan for the partition of India on June 3, 1947, most of the remaining princely states also sent their representatives to the Assembly. The Indian Independence Act of 1947 introduced three key changes to the functioning of the Constituent Assembly:

1. Constitution Framing: The sole objective of the Constituent Assembly was to draft the constitution for sovereign India. The Act granted the Assembly the power to abrogate or alter any laws made by the British Parliament concerning India.
2. Legislative Role: The Constituent Assembly was tasked with framing the constitution and enacting ordinary laws for the country. These functions were performed on separate days. The Assembly thus became the first Parliament of free India, chaired by Dr. Rajendra Prasad for constitution-making and by G.V. Mavlankar for legislative matters. The constitution-making task concluded on November 26, 1949.
3. Reduced Membership: Following the withdrawal of Muslim League members from areas that became Pakistan, the Assembly’s total strength decreased from 389 to 299. The number of seats for Indian provinces reduced from 296 to 229, and those for princely states decreased from 93 to 70.

Additional key actions by the Assembly included:

4. Commonwealth Membership: The Assembly revised India’s membership in the Commonwealth in May 1949.
5. National Flag: The national flag was adopted on July 22, 1947.
6. National Anthem: The national anthem was adopted on January 24, 1950.
7. National Song: The national song was also adopted on January 24, 1950.
8. First President: Dr. Rajendra Prasad was elected as the first President of free India on January 24, 1950.

The Constituent Assembly held 11 sessions over two years, 11 months, and 18 days. Members of the Drafting Committee reviewed constitutions from 60 countries, and the draft constitution was debated for 114 days. The total expenditure for drafting the Constitution was 64 lakhs in Indian Rupees.

On January 24, 1950, the Constituent Assembly held its final session. However, it continued as the provisional Parliament of India from January 26, 1950, until the new Parliament was formed following the general election of 1951-52.

Conclusion

The Constituent Assembly played a crucial role in drafting the constitution of sovereign India. Various significant committees within the Assembly contributed to shaping the Constitution by drawing on ideas from different global constitutions and adapting them to the Indian context. The Drafting Committee, chaired by Dr. B.R. Ambedkar, was instrumental in finalizing the Constitution. Other committees also diligently fulfilled their responsibilities, contributing significantly to the development of the Indian Constitution.

References

1. Bipan Chandra (2000) ‘India After Independence: 1947-2000’, New Delhi: Penguin
2. Bipan Chandra (2001) ‘India’s Struggle For Independence, New Delhi: Penguin
3. Granville Austin (1999) ‘The Indian Constitution: Cornerstone of a Nation, Delhi: Oxford University Press.
4. Shekhar Bandopadhyay (2004) ‘From Plassey to Partition’ New Delhi: Orient Longman
5. Jawaharlal Nehru quoted in Durga Das Basu (2006) ‘Introduction to the Constitution of India’, New Delhi: Wadhwa’s Legal Classicc
6. ShibanikinkarChaube (2000) ‘Constituent Assembly of India: Springboard of a Revolution’, Delhi: Manohar Publishers
7. Laxmikanth, M (2017), Indian Polity, McGraw Hill Education Private Limited.