The Making of the Constitution between 1946 and 1949

The Making of the Constitution between 1946 and 1949
The making of the Constitution of India was a monumental process that laid the foundation for the world’s largest democracy. Drafted between 1946 and 1949, it was the result of collective efforts by the Constituent Assembly, comprising visionaries and leaders from diverse backgrounds. This historic journey involved extensive debates, thorough discussions, and the integration of ideas from global constitutions while preserving India’s unique socio-cultural fabric. Spearheaded by Dr. B.R. Ambedkar, the drafting committee meticulously crafted a framework ensuring justice, equality, and liberty for all citizens. The Constitution, adopted on January 26, 1950, remains a testament to India’s democratic ideals and unity.

The Making of the Constitution

The making of the Constitution of India was a monumental process that laid the foundation for the world’s largest democracy. Drafted between 1946 and 1949, it was the result of collective efforts by the Constituent Assembly, comprising visionaries and leaders from diverse backgrounds. This historic journey involved extensive debates, thorough discussions, and the integration of ideas from global constitutions while preserving India’s unique socio-cultural fabric. Spearheaded by Dr. B.R. Ambedkar, the drafting committee meticulously crafted a framework ensuring justice, equality, and liberty for all citizens. The Constitution, adopted on January 26, 1950, remains a testament to India’s democratic ideals and unity.

Demand and Composition of the Constituent Assembly

📜 Demand for a Constituent Assembly

The demand for a Constituent Assembly to frame India’s Constitution evolved over time and reflected the aspirations of a free and independent India.

1️⃣ Early Ideas and Initial Demand
  • M.N. Roy’s Proposal (1934): Proposed an assembly elected by the people to draft the Constitution.
  • Congress Endorses (1935): INC demanded a Constituent Assembly.
  • Nehru’s Vision (1938–1939): Constitution must be framed without external interference; elected on adult franchise.
2️⃣ British Acknowledgment (1940–1942)
  • August Offer (1940): British accepted the principle of a Constituent Assembly.
  • Cripps Mission (1942): Proposed a draft post-WWII.
    • Rejected by Muslim League.
    • Demanded separate assemblies for Muslim-majority regions.
3️⃣ The Cabinet Mission Plan (1946)
  • Three-member mission: Lord Pethick-Lawrence, Sir Stafford Cripps, A.V. Alexander, arrived on March 24, 1946.
  • Proposed a framework for the Constituent Assembly.

🏛️ Composition of the Constituent Assembly

The Constituent Assembly was constituted in November 1946 under the Cabinet Mission Plan. Its composition and election reflected the socio-political complexities of India.

1️⃣ Total Strength and Allocation of Seats
  • Total Seats: 389
    • British India: 296
    • Princely States: 93
  • Provinces’ Seats:
    • Eleven governor provinces: 292 seats
    • Four Chief Commissioners’ provinces (Delhi, Ajmer-Merwara, Coorg, British Baluchistan): 1 seat each
  • Seats proportional to population, ~1 seat per million people.
2️⃣ Community Representation
  • Seats in British provinces divided among:
    • Muslims
    • Sikhs
    • General (Hindus, Parsis, Anglo-Indians, Indian Christians)
3️⃣ Method of Election
  • Members elected by provincial legislative assemblies.
  • Proportional Representation via single transferable vote.
  • Princely state representatives nominated by state heads.
4️⃣ Election Results
  • Congress: 208 seats
  • Muslim League: 73 seats
  • Independents/Small Groups: 15 seats
  • Princely states (93 seats) abstained, leaving seats unfilled.

Representative Nature & Cabinet Mission Plan

📌 Representative Nature of the Assembly

Representative Nature

Despite not being directly elected by the people, the Constituent Assembly represented the diversity of Indian society, including various communities and women.

  • Representatives included Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Indian Christians, Scheduled Castes (SCs), Scheduled Tribes (STs), and women.
  • Notable Absence: Mahatma Gandhi did not participate in the Assembly.
  • Prominent members included Jawaharlal Nehru, Dr. B.R. Ambedkar, Dr. Rajendra Prasad, and Sardar Vallabhbhai Patel.

📌 Cabinet Mission Plan and Objectives

Important Features of the Plan

The Cabinet Mission Plan laid the framework for the Constituent Assembly and proposed a plan to resolve communal differences.

  • Rejected the demand for two separate Constituent Assemblies.
  • Advocated for a united India with a federal structure.
  • Empowered the Assembly to frame the Constitution.

Cabinet Mission Plan (1946)

📌 Cabinet Mission Plan (1946)

The Cabinet Mission Plan of 1946 was a significant step in the transfer of power from British rule to Indian leadership. It laid the groundwork for India’s independence and aimed to resolve the political deadlock between the Indian National Congress (INC) and the Muslim League.

👥 Members of the Cabinet Mission
  • 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)
🎯 Objectives of the Mission
  • Devise a mechanism for the transfer of power to Indian hands.
  • Maintain India’s unity while addressing communal tensions.
  • Establish an interim government until independence was formalized.
📜 Key Provisions of the Plan
  • Formation of a Constituent Assembly:
    • Elected by provincial assemblies using proportional representation.
    • Total strength: 389 members (292 from provinces, 93 from princely states, 4 from chief commissioners’ provinces).
  • Groupings of Provinces:
    • Group A: Hindu-majority provinces (Madras, Bombay, UP, Bihar, Central Provinces, Orissa).
    • Group B: Muslim-majority provinces (Punjab, NWFP, Sindh).
    • Group C: Bengal and Assam.
    • Provinces could opt out after the Constitution was framed.
  • Union of India: Federation with Union Government handling defense, foreign affairs, communications.
  • Interim Government: Comprising Indian leaders until final Constitution.
  • Princely States: Free to join the Union or remain independent.
📝 Responses to the Plan
  • Indian National Congress (INC): Accepted with reservations; opposed grouping of provinces.
  • Muslim League: Initially accepted, later rejected after dispute over interim government.
  • Princely States: Hesitant at first; some participated later.
🌟 Significance of the Plan
  • Aimed to maintain Indian unity while granting autonomy to provinces.
  • Provided framework for Constituent Assembly.
  • Marked the beginning of power transition from British to Indian leadership.
⚖️ Criticism
  • Grouping of provinces seen as a step toward partition.
  • Exacerbated communal tensions instead of resolving them.
  • Ambiguity regarding princely states delayed their decisions.
📍 Outcomes
  • Failure to resolve INC–League differences led to partition.
  • Superseded by the Mountbatten Plan (1947), paving way for India & Pakistan.

The Cabinet Mission Plan was an ambitious attempt to address India’s complex socio-political realities. While it failed to prevent partition, its legacy lies in the establishment of the Constituent Assembly, which played a crucial role in shaping modern India.

Working of the Constituent Assembly

📌 Working of the Constituent Assembly

Overview

The Constituent Assembly of India was the cornerstone in the framing of the Indian Constitution. This body, composed of the brightest minds of the time, worked tirelessly over nearly three years to shape the framework of governance for independent India. Below is a detailed explanation of its functioning, key milestones, and legacy.

1. Initial Meetings of the Constituent Assembly
  • First Meeting and Challenges: The first meeting was held on December 9, 1946, attended by 207 members. The absence of the Muslim League, which boycotted the process demanding a separate Pakistan, marked a significant challenge.
  • Temporary Chairman: Dr. Sachchidananda Sinha, the oldest member, was elected as the temporary Chairman, following the French practice.
  • Permanent Chairman and Vice-Presidents:
    • On December 11, 1946, Dr. Rajendra Prasad was elected as the permanent Chairman (President).
    • On January 25, 1947, H.C. Mukherjee was elected as the Vice-President.
    • On July 16, 1947, V.T. Krishnamachari was elected as the second Vice-President, reflecting the Assembly’s growing responsibilities.

Objective Resolution (1946)

Objective Resolution (1946)

Introduction
The Objective Resolution, proposed by Jawaharlal Nehru on December 13, 1946, outlined the foundational principles and aspirations for the Constitution of independent India. It served as a guiding framework for drafting the Constitution and reflected the vision of India’s future as a sovereign, democratic, and inclusive nation.
Key Features of the Objective Resolution
  1. Declaration of Sovereignty:— The Constituent Assembly resolved to declare India as an Independent and Sovereign Republic, and to frame a Constitution for its governance.
  2. Union of Territories:— The Resolution proposed that:
    The Union would include the territories of British India, princely states, and any other regions willing to join the sovereign Indian Union.
  3. Autonomous Units:— The territories forming the Union would:
    ● Retain autonomy within their boundaries.
    ● Hold residuary powers, except for those expressly assigned to or inherent in the Union government.
  4. Power Derived from the People:— All power and authority of the Indian government and its constituent parts would derive solely from the will of the people.
  5. Justice, Equality, Freedom:— The Constitution would ensure:
    ● Justice:— Social, economic, and political.
    ● Equality:— Of status, opportunity, and before the law.
    ● Freedom:— Of thought, expression, belief, faith, worship, vocation, association, and action, subject to public morality and law.
  6. Protection for Vulnerable Groups:— Adequate safeguards would be provided for:
    ● Minorities, tribal and backward areas, and socially disadvantaged groups, including depressed classes.
  7. Territorial Integrity & Sovereignty:— The Resolution affirmed:—
    ● Protection of the Republic’s territorial integrity.
    ● Sovereign rights over land, sea, and air, aligned with international law.
  8. Global Role:— India would:
    ● Strive to attain its rightful position globally.
    ● Actively contribute to world peace and the welfare of humanity.
Adoption of the Resolution
  • After intense debates, the Objective Resolution was unanimously adopted by the Constituent Assembly on January 22, 1947.
  • It served as a guiding framework for shaping the Constitution and influenced its provisions.
  • Its principles later found reflection in the Preamble and various parts of the Indian Constitution.
    ● Protection of the Republic’s territorial integrity.
    ● Sovereign rights over land, sea, and air, aligned with international law.
    ● Global Role and Peace Promotion:—
    India would:
    1. Strive to attain its rightful position globally.
    2. Actively contribute to world peace and the welfare of humanity.
Text of the Resolution (Summary)
  • India to be an independent, sovereign republic.
  • All citizens were to be guaranteed justice (social, economic, and political), equality, and liberty.
  • The state would safeguard minorities, backward classes, and tribal areas.
  • The Constitution would secure the dignity of individuals and the unity of the nation.
  • India would strive to contribute to world peace and human welfare.
Significance of the Objective Resolution
  1. Guiding Framework:—
    ● It served as the philosophical foundation for the Indian Constitution.
    ● Many provisions in the Preamble and Fundamental Rights drew inspiration from this resolution.
  2. Expression of Aspirations:—
    ● Articulated the vision of the Constituent Assembly for an independent and inclusive India.
    ● Unified diverse sections of Indian society under a common set of goals.
  3. Democratic Principles:— Reaffirmed the commitment to democracy, equality, and justice, setting India apart from colonial rule.
  4. National Unity:— Focused on safeguarding the interests of minorities and marginalized groups to ensure national integration.
Comparison with the Preamble
  • The Preamble to the Indian Constitution incorporates the ideals of justice, liberty, equality, and fraternity mentioned in the Objective Resolution.
  • The commitment to sovereignty, democracy, and minority rights are central to both.
Criticism
  • Critics argue that the resolution lacked specifics on the nature of the economic system India would adopt.
  • The promise of safeguarding minority rights was questioned by some members who felt that these provisions might hinder national unity.

The Objective Resolution was a visionary document that laid the ideological foundation for the Indian Constitution. It highlighted the aspirations of an emerging democratic nation and emphasized justice, equality, and freedom for all. For UPSC/BPSC aspirants, understanding the resolution is crucial as it connects the historical struggles of India with the constitutional principles enshrined in the Preamble.

Constituent Assembly: Participation & Changes

Constituent Assembly: Participation & Changes

Participation of Princely States and Muslim League
  • Initially, representatives from princely states refrained from joining the Constituent Assembly.
  • By April 28, 1947, six states sent their representatives, and after the Mountbatten Plan of June 3, 1947, more princely states participated.
  • Members of the Muslim League from the Indian Dominion also joined the Assembly.
Changes Introduced by the Indian Independence Act, 1947
  1. Sovereignty of the Assembly:— The Assembly became a fully sovereign body with the authority to frame any Constitution. It could amend or repeal any laws made by the British Parliament regarding India.
  2. Dual Role of the Assembly:— It was assigned two distinct functions:
    (a.) Constitution-making for free India.
    (b.) Legislative functions, enacting ordinary laws.
    Meetings as a Constituent Assembly were chaired by Dr. Rajendra Prasad, while legislative meetings were chaired by G.V. Mavlankar. These roles continued until November 26, 1949, when the Constitution was finalized.
  3. Change in Assembly Strength:— After the Muslim League members from Pakistan withdrew, the Assembly’s strength was reduced: From 389 to 299 members. Representation from provinces decreased from 296 to 229, and from princely states from 93 to 70.
Additional Functions of the Constituent Assembly
  • Ratified India’s Commonwealth membership in May 1949.
  • Adopted the National Flag on July 22, 1947.
  • Adopted the National Anthem on January 24, 1950.
  • Adopted the National Song on January 24, 1950.
  • Elected Dr. Rajendra Prasad as the first President of India on January 24, 1950.
Timeline and Key Facts
  • The Constituent Assembly held 11 sessions over 2 years, 11 months, and 18 days.
  • The makers referred to the Constitutions of about 60 countries, with the Draft Constitution debated for 114 days.
  • The total cost of drafting the Constitution was ₹64 lakh.
Transition to Provisional Parliament
  • The Assembly held its final session on January 24, 1950, but did not dissolve.
  • On the same day, 284 members of the Constituent Assembly signed the Constitution at the assembly’s last session. The Constitution was divided into 22 Parts, 395 Articles, and 8 Schedules.
  • It transitioned into the Provisional Parliament of India on January 26, 1950, functioning until the formation of the first elected Parliament after the 1951–52 general elections.

Sessions of the Constituent Assembly at a Glance

Session NumberPeriodDetails
First SessionDecember 9-23, 1946Initial meetings of the Assembly
Second SessionJanuary 20-25, 1947Continued deliberations
Third SessionApril 28-May 2, 1947Discussions on constitutional framework
Fourth SessionJuly 14-31, 1947Key debates and partition issues
Fifth SessionAugust 14-30, 1947Independence and nation-building discussions
Sixth SessionJanuary 27, 1948Draft Constitution presentation
Seventh SessionNovember 4, 1948-January 8, 1949Clause-by-clause consideration of the Draft Constitution
Eighth SessionMay 16-June 15, 1949Debates on key constitutional provisions
Ninth SessionJuly 30-September 18, 1949Finalizing the provisions
Tenth SessionOctober 6-17, 1949Near completion of the Constitution
Eleventh SessionNovember 14-26, 1949Adoption of the Constitution
Constituent Assembly Quiz

(1.) The members of the Constituent Assembly signed the Constitution of India on ________.

Representation in the Constituent Assembly

The Constituent Assembly of India was a microcosm of the nation’s diverse social, cultural, and religious landscape. It included members from various regions, ensuring the representation of regional perspectives. Religious diversity was reflected in the presence of Hindus, Muslims, Sikhs, Christians, Parsis, and Jews. Women, like Rajkumari Amrit Kaur, played a significant role in ensuring women’s political participation. The Assembly also included representatives from scheduled castes and tribes, as well as various political parties such as the Indian National Congress and the Muslim League. Additionally, representatives from Indian Princely States were part of this historic body.

Allocation of Seats in the Constituent Assembly

CategoryNumber of Seats
British India296
Princely States93
Total389

Results of Elections to the Constituent Assembly

PartySeats Won
Congress208
Muslim League73
Others/Independents15

Community-Wise Representation

CommunityNumber of Members
General (Hindus, Parsis, etc.)Majority
MuslimsSignificant Proportion
SikhsRepresentation Ensured

Women Members in the Constituent Assembly

NameCommunity
Sarojini NaiduGeneral
Hansa MehtaGeneral
Rajkumari Amrit KaurGeneral
OthersRepresented Diversity

The making of the Indian Constitution was a historic endeavor that united diverse voices to frame a progressive and inclusive charter. Despite the challenges, the Constituent Assembly succeeded in creating a document that reflects India’s aspirations and ensures justice, liberty, equality, and fraternity for all its citizens. This monumental task laid the foundation for India’s democratic journey, which continues to evolve and inspire the world.

The Independence Act’s modifications After initially avoiding the Constituent Assembly, the delegates of the princely states eventually joined it. Representatives from the six states attended the Assembly on April 28, 1947. The delegates of the majority of the other princely states sat in the Assembly following the adoption of the Mountbatten Plan for the country’s partition on June 3, 1947. The Indian Dominion’s Muslim League members also made their way into the Assembly.

Indian Independence Act & Constituent Assembly
Impact of the Indian Independence Act, 1947
  1. Sovereignty of the Assembly
    ➤ The Assembly became a fully sovereign body, empowered to frame a Constitution without external interference.
    ➤ It could also abrogate or amend any British law concerning India.
  2. Dual Function of the Assembly
    Constitution-Making Body: To draft the Constitution of independent India.
    Legislative Body: To enact ordinary laws for the nation.
    ➤ Chaired by Dr. Rajendra Prasad when acting as Constituent Assembly.
    ➤ Chaired by G.V. Mavlankar when acting as Legislative Assembly.
  3. Reduction in Membership
    Following the partition, the Muslim League members from Pakistan withdrew.
    The Assembly’s strength was reduced from 389 to 299, with 229 seats for provinces and 70 for princely states.
Key Milestones of the Constituent Assembly
  • Inclusion of Princely States
    Initially, princely states abstained from joining the Assembly.
    By April 28, 1947, representatives from six princely states had joined.
    After the Mountbatten Plan (June 3, 1947), most princely states participated in the Assembly.
CONSTITUENT ASSEMBLY COMMITTEES
  • Several committees were appointed by the Constituent Assembly to handle various aspects of the constitution-making process. Eight of these were significant committees, while the remaining ones were smaller ones. The following lists these committees’ names along with their chairs:
Major Committees
Committee Chairperson Key Functions
Union Powers CommitteeJawaharlal NehruDistribution of powers between Union and States.
Union Constitution CommitteeJawaharlal NehruDrafted framework for Union government’s constitution.
Provincial Constitution CommitteeSardar PatelFramed constitution for provincial governments.
Drafting CommitteeDr. B.R. AmbedkarDrafted text of the Constitution.
Advisory Committee on FR, Minorities & Tribal AreasSardar PatelDealt with fundamental rights, minorities & tribal administration.
(a) Fundamental Rights Sub-CommitteeJ.B. KripalaniFocused on drafting the list of fundamental rights.
(b) Minorities Sub-CommitteeH.C. MukherjeeAddressed issues concerning minority rights.
(c) North-East Frontier Tribal Areas & Assam Excluded & Partially Excluded Areas Sub-CommitteeGopinath BardoloiExamined the administration and governance of tribal areas in North-East and Assam.
(d) Excluded and Partially Excluded Areas (Other than those in Assam) Sub-CommitteeA.V. ThakkarDealt with the administration of excluded and partially excluded areas outside Assam.
(e) NW Frontier Tribal Areas Sub-CommitteeManaged issues related to tribal areas in the North-West Frontier.
Rules of Procedure CommitteeDr. Rajendra PrasadFormulated the rules & procedures for the functioning of the Constituent Assembly.
States Committee (Committee for Negotiating with States)Jawaharlal NehruNegotiated the terms of accession and integration of princely states into the Union of India.
Steering CommitteeDr. Rajendra PrasadOversaw the day-to-day proceedings and coordination of the Assembly’s work.
Minor Committees
Committee Chairperson Key Functions
Finance and Staff CommitteeDr. Rajendra PrasadManaged the financial & staffing affairs of the Constituent Assembly.
Credentials CommitteeAlladi Krishnaswami AyyarVerified the credentials of the Assembly members.
House CommitteeB. Pattabhi SitaramayyaResponsible for accommodation & welfare of the Assembly members.
Order of Business CommitteeDr. K.M. MunshiDetermined the order of business for the Assembly’s sessions.
Ad-hoc Committee on the National FlagDr. Rajendra PrasadSelected and recommended the national flag design.
Committee on the Functions of the Constituent AssemblyG.V. MavalankarDefined the role & functions of the Constituent Assembly.
Ad-hoc Committee on Supreme CourtS. Varadachari (Not an Assembly Member)Advised on the structure and jurisdiction of the Supreme Court of India.
Committee on Chief Commissioners’ ProvincesB. Pattabhi SitaramayyaReviewed the governance of Chief Commissioners’ provinces.
Expert Committee on the Financial Provisions of the Union ConstitutionNalini Ranjan Sarkar (Not an Assembly Member)Provided expert advice on financial provisions in the Constitution.
Linguistic Provinces CommissionS.K. Dar (Not an Assembly Member)Examined the feasibility of forming provinces based on linguistic lines.
Special Committee to Examine the Draft ConstitutionJawaharlal NehruScrutinized and suggested modifications to the draft Constitution.
Press Gallery CommitteeUsha Nath SenManaged the press coverage and access to the Assembly’s proceedings.
Ad-hoc Committee on CitizenshipS. Varadachari (Not an Assembly Member)Formulated provisions regarding citizenship.

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