Demand for a Constituent Assembly
The concept of a Constituent Assembly to draft India's Constitution first emerged in 1934, when M.N. Roy—a pioneering figure in India's communist movement—proposed it as a means to shape the nation's future. The Indian National Congress (INC) soon embraced the idea, making its first official demand for such an assembly in 1935. This momentum grew in 1938, when Jawaharlal Nehru, speaking for the INC, insisted that "the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise."
British acceptance came gradually amid wartime pressures. In 1940, the government's August Offer conceded the demand in principle, signaling a willingness to involve Indians in constitutional framing. Two years later, in 1942, Sir Stafford Cripps arrived in India as a Cabinet member with proposals for an independent Constitution to take effect after World War II. However, these Cripps Proposals faltered when the Muslim League rejected them, insisting instead on partitioning India into two autonomous states, each with its own Constituent Assembly.
The impasse broke with the arrival of the Cabinet Mission in 1946. While firmly rejecting the notion of separate assemblies, it outlined a detailed scheme for a single Constituent Assembly that largely addressed the Muslim League's concerns, paving the way for India's constitutional journey.
Composition of the Constituent Assembly
The Constituent Assembly of India took shape in November 1946, following the framework outlined in the Cabinet Mission Plan. This plan envisioned a body with a total strength of 389 members: 296 drawn from British India and 93 from the princely states. Within the British India allocation, 292 seats came from the eleven governors' provinces, while the four chief commissioners' provinces contributed one seat each.
Seats were distributed proportionally to population—roughly one per million people—across provinces and princely states (or groups of smaller states). In the British provinces, these were further divided among the three main communities: Muslims, Sikhs, and the general category (encompassing all others), reflecting their population shares. Representatives from each community were elected indirectly by their counterparts in the provincial legislative assemblies, using proportional representation via the single transferable vote. For princely states, heads of state nominated their delegates. Thus, the Assembly emerged as a hybrid body—partly elected, partly nominated—with members chosen not directly by the public but by provincial legislators elected on a limited franchise.
Elections for the 296 British India seats occurred in July-August 1946. The Indian National Congress secured a dominant 208 seats, the Muslim League claimed 73, and smaller groups and independents took the remaining 15. The 93 seats reserved for princely states, however, remained vacant, as their rulers opted to abstain.
Though not chosen through universal adult suffrage, the Assembly mirrored India's diverse society. It included Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Indian Christians, Scheduled Castes, Scheduled Tribes, and women from all these communities. Virtually every prominent Indian leader of the era served, with the notable exception of Mahatma Gandhi.
Working of the Constituent Assembly
The Constituent Assembly began its historic journey with its first meeting on December 9, 1946. Amid the Muslim League's boycott—in protest of the Assembly's composition and their demand for a separate Pakistan—only 211 members were present. Drawing from French parliamentary tradition, the Assembly elected its senior-most member, Dr. Sachchidananda Sinha, as temporary President. Soon after, Dr. Rajendra Prasad was chosen as the permanent President, with H.C. Mukherjee and V.T. Krishnamachari serving as Vice-Presidents, marking a unique arrangement with two in that role.
A pivotal moment came on December 13, 1946, when Jawaharlal Nehru introduced the Objectives Resolution, which articulated the core philosophy and foundational principles of India's future Constitution. This landmark document expressed the Assembly's resolve to establish India as an independent sovereign republic. It envisioned a union encompassing British India, the princely states, and other willing territories, where constituent units would enjoy autonomy, residuary powers, and control over most governmental functions, except those assigned to the Union. Sovereignty would derive directly from the people, guaranteeing justice—social, economic, and political—along with equality of status and opportunity, freedoms of thought, expression, belief, worship, vocation, association, and action (subject to law and public morality), and safeguards for minorities, tribal areas, and backward classes. The Resolution also pledged to uphold territorial integrity on land, sea, and air in line with international justice, while positioning India to contribute to global peace and human welfare.
Unanimously adopted on January 22, 1947, the Objectives Resolution profoundly influenced every stage of the Constitution's drafting. Its essence endures today in the modified form of the Preamble, serving as the constitutional document's moral and philosophical cornerstone.
Integration of Princely States and the Dawn of Sovereignty
As India edged toward independence, representatives from the princely states, who had initially boycotted the Constituent Assembly, began to participate. By April 28, 1947, delegates from six key states had joined its proceedings. The acceptance of the Mountbatten Plan on June 3, 1947—which outlined the partition of the country—accelerated this process, drawing in representatives from most other princely states. At the same time, members of the Muslim League from areas destined for the Indian Dominion also took their seats, enriching the Assembly's composition.
The Indian Independence Act, 1947, enacted by the British Parliament, fundamentally transformed the Assembly's status through three pivotal changes. First, it elevated the Assembly to a fully sovereign body, granting it unrestricted authority to draft any constitution it deemed fit. This included the power to repeal or amend any prior British laws pertaining to India, severing the last threads of external legislative control.
Second, the Assembly assumed a dual role as both a constituent authority and a legislative body. It would convene on separate days for each function: framing the Constitution for free India and passing ordinary laws as the Dominion Legislature—effectively serving as the nation's first Parliament. Dr. Rajendra Prasad presided when it acted as the Constituent Assembly, while G.V. Mavalankar chaired its legislative sessions. This arrangement persisted until November 26, 1949, when the Constitution was finally adopted.
Third, the withdrawal of Muslim League members from territories allocated to Pakistan reduced the Assembly's total strength from the original 389 (as envisaged under the 1946 Cabinet Mission Plan) to 299. Representation from the Indian provinces (formerly British provinces) dropped from 296 to 229, while princely states saw theirs fall from 93 to 70. For a detailed state-wise breakdown as of December 31, 1947, refer to Table 2.4. These shifts marked a leaner, more focused Assembly, poised to shape independent India's future.
Other Functions of the Constituent Assembly
Beyond drafting the Constitution and passing ordinary legislation, the Constituent Assembly took on several pivotal roles that shaped India's early identity. In May 1949, it ratified India's membership in the Commonwealth of Nations, affirming the country's place on the global stage even as a republic. Earlier, on July 22, 1947, it formally adopted the tricolour national flag, a symbol of unity and sacrifice. Then, on January 24, 1950—just two days before the Constitution's enforcement—it embraced both the national anthem, Vande Mataram, and the national song, Jana Gana Mana. On the same historic day, the Assembly elected Dr. Rajendra Prasad as India's first President, marking the transition to republican governance.
This monumental work unfolded across 11 sessions spanning two years, 11 months, and 18 days. The framers meticulously studied the constitutions of about 60 countries, devoting 114 days to scrutinizing the Draft Constitution. The entire process, remarkably efficient for its scope, cost just ₹64 lakh.
The Assembly's final session convened on January 24, 1950, yet it did not dissolve. Instead, it seamlessly evolved into India's provisional Parliament on January 26, 1950—the day the Constitution took effect—serving until the first general elections of 1951-52 ushered in the new Lok Sabha and Rajya Sabha.
Committees of the Constituent Assembly
To systematically address the multifaceted tasks of constitution-making, the Constituent Assembly formed a series of committees. Among these, eight stood out as major committees, guiding the core structural and substantive elements of the Constitution, while the remaining ones handled procedural, administrative, or specialized matters.
The major committees included the Union Powers Committee and Union Constitution Committee, both chaired by Jawaharlal Nehru; the Provincial Constitution Committee, led by Sardar Patel; and the Drafting Committee, ably headed by Dr. B.R. Ambedkar. Sardar Patel also chaired the Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas, which established five key sub-committees: the Fundamental Rights Sub-Committee under J.B. Kripalani; the Minorities Sub-Committee, with H.C. Mukherjee at the helm; the North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee, guided by Gopinath Bardoloi; the Excluded and Partially Excluded Areas (other than those in Assam) Sub-Committee, chaired by A.V. Thakkar; and the North-West Frontier Tribal Areas Sub-Committee. Rounding out the major panels were the Rules of Procedure Committee and Steering Committee, both under Dr. Rajendra Prasad, and the States Committee (also called the Committee for Negotiating with States), once again led by Jawaharlal Nehru.
The minor committees, though less central, ensured smooth operations and addressed niche issues. These encompassed the Finance and Staff Committee (Dr. Rajendra Prasad); Credentials Committee (Alladi Krishnaswami Ayyar); House Committee (B. Pattabhi Sitaramayya); Order of Business Committee (Dr. K.M. Munshi); Ad-hoc Committee on the National Flag (Dr. Rajendra Prasad); Committee on the Functions of the Constituent Assembly (G.V. Mavalankar); Ad-hoc Committee on the Supreme Court (S. Varadachari, not an Assembly member); Committee on Chief Commissioners’ Provinces (B. Pattabhi Sitaramayya); Expert Committee on the Financial Provisions of the Union Constitution (Nalini Ranjan Sarkar, not an Assembly member); Linguistic Provinces Commission (S.K. Dar, not an Assembly member); Special Committee to Examine the Draft Constitution (Jawaharlal Nehru); Press Gallery Committee (Usha Nath Sen); and Ad-hoc Committee on Citizenship (S. Varadachari, not an Assembly member). Together, these bodies reflected the collaborative and meticulous spirit that shaped India's foundational document.
Constituent Assembly Drafting Committee
Among the numerous committees of the Constituent Assembly, the Drafting Committee stood out as the most pivotal. Established on August 29, 1947, it bore the primary responsibility of crafting the draft of India's new Constitution. Chaired by Dr. B.R. Ambedkar, the committee comprised seven distinguished members: N. Gopalaswamy Ayyangar, Alladi Krishnaswamy Ayyar, Dr. K.M. Munshi, Syed Mohammad Saadullah, N. Madhava Rau (who replaced B.L. Mitter after the latter resigned due to ill health), and T.T. Krishnamachari (who stepped in for D.P. Khaitan following his death in 1948).
Drawing on the recommendations from various other committees, the Drafting Committee produced its first draft of the Constitution of India in February 1948. This document was then opened for public scrutiny, allowing citizens eight months to review it and submit amendments, criticisms, or suggestions. Incorporating this valuable feedback, the committee swiftly revised the text and released a second draft in October 1948.
Remarkably efficient, the committee completed its monumental task in under six months, convening for just 141 days in total. This streamlined process underscored the urgency and precision that defined the birth of India's foundational legal framework.
Adoption of the Indian Constitution
The journey toward enacting India's Constitution reached a pivotal stage on November 4, 1948, when Dr. B.R. Ambedkar, the Chairman of the Drafting Committee and Law Minister, formally introduced the final draft in the Constituent Assembly. This marked the first reading, followed by a five-day general discussion that concluded on November 9, allowing members to voice initial reactions and broad concerns.
The second reading, involving a meticulous clause-by-clause scrutiny, commenced on November 15, 1948, and extended until October 17, 1949—a testament to the Assembly's commitment to thorough deliberation. In this intensive phase, members proposed a staggering 7,653 amendments, of which 2,473 were debated, refining the document through rigorous debate and compromise.
The third and final reading began on November 14, 1949. On November 26, Dr. Ambedkar moved the historic motion: "The Constitution as settled by the Assembly be passed." The motion was duly adopted that day, with 284 of the 299 present members affixing their signatures, alongside the President of the Assembly. This date holds profound significance, as it is enshrined in the Preamble, declaring that "the people of India in the Constituent Assembly" adopted, enacted, and gave to themselves this Constitution. The version finalized on November 26 contained a Preamble, 395 Articles, and 8 Schedules, though the Preamble itself was formally enacted only after the rest of the document.
Dr. Ambedkar's stewardship was indispensable throughout. As the principal pilot of the draft, he dominated the Assembly's proceedings with incisive, logical, and persuasive arguments, earning him enduring accolades as the Father of the Indian Constitution, its chief architect, and the Modern Manu—a brilliant jurist, writer, and champion of the Scheduled Castes whose vision shaped India's democratic foundation.
Enforcement of the Constitution
The Indian Constitution did not come into force all at once. Certain key provisions—those related to citizenship (Articles 5–9), the oath of the President (Article 60), elections (Article 324), definitions (Article 366), interpretation (Article 367), and temporary and transitional matters (Articles 379, 380, 388, 391, 392, and 393)—took effect immediately on November 26, 1949. This selective enforcement laid the groundwork for the nation's new framework even before full independence in governance.
The vast majority of the Constitution's provisions began operating on January 26, 1950, marking the document's official "date of commencement" and celebrated annually as Republic Day. This date held profound historical resonance: it commemorated Purna Swaraj Day in 1930, when the Indian National Congress (INC), at its Lahore Session in December 1929, had declared complete independence from British rule. By choosing this symbolic day, the framers bridged India's freedom struggle with the birth of its sovereign republic.
With the Constitution's full commencement, colonial-era laws were swept away. The Indian Independence Act, 1947, and the Government of India Act, 1935—along with all amendments and supplementary enactments to the latter—stood repealed. Notably, the Abolition of Privy Council Jurisdiction Act, 1949, remained in place, ensuring the final severing of judicial ties to British oversight. This transition firmly established India as a fully independent constitutional republic.
The Congress Experts Committee: Laying the Groundwork for India's Constitution
Even as elections to the Constituent Assembly were underway in mid-1946, the Indian National Congress took a proactive step toward constitutional framing. On July 8, it established an Experts Committee to gather essential materials and insights for the Assembly's deliberations. Chaired by Jawaharlal Nehru, the committee included distinguished members such as M. Asaf Ali, K.M. Munshi, N. Gopalaswami Ayyangar, K.T. Shah, D.R. Gadgil, Humayun Kabir, and K. Santhanam. On Nehru's recommendation, Krishna Kripalani was later co-opted as a member and convener, strengthening its organizational backbone.
The committee convened twice: first in New Delhi from July 20 to 22, 1946, and then in Bombay from August 15 to 17. During these sessions, members prepared detailed notes and deliberated on critical procedural matters. They outlined the steps the Constituent Assembly should follow, recommended the formation of various sub-committees, and even drafted a preliminary resolution articulating the Constitution's core objectives—a document intended for introduction in the Assembly's inaugural session.
This body's influence extended far beyond preparation, as noted by constitutional historian Granville Austin. He credited the Experts Committee with steering India toward its eventual Constitution, observing that its members, guided by the Cabinet Mission Scheme, offered key recommendations on autonomous regions, the balance of powers between provincial governments and the Centre, the integration of princely states, and mechanisms for constitutional amendments. Their draft resolution, in particular, bore a striking resemblance to the historic Objectives Resolution later adopted by the Assembly. In essence, the committee's foresight provided an indispensable foundation for the constitutional journey ahead.
Criticisms of the Constituent Assembly
The Constituent Assembly, tasked with drafting India's Constitution, faced sharp criticism from various quarters. Detractors highlighted several shortcomings, questioning its legitimacy, composition, and efficiency.
Chief among these was the charge that the Assembly lacked true representativeness. Critics argued that its members were not directly elected by the Indian people through universal adult franchise. Instead, they were indirectly chosen by provincial assemblies, which themselves predated full adult suffrage. Closely linked was the accusation that the Assembly was not sovereign. Created under the British Cabinet Mission Plan of 1946, it owed its existence to British proposals and could only convene with the colonial government's permission, undermining its claim to independent authority.
Another frequent complaint centered on the time it took to complete the Constitution. Taking nearly three years—from December 1946 to November 1949—the process seemed excessively protracted to skeptics. They contrasted it with the American Constitutional Convention, which wrapped up in just four months in 1787. Even within the Assembly, frustration boiled over: member Naziruddin Ahmed mockingly dubbed the Drafting Committee a "Drifting Committee" to express his disdain for the delays.
The Assembly's dominance by the Indian National Congress drew particular ire. With the Congress holding a clear majority, opponents saw it as a partisan body rather than a national one. American scholar Granville Austin captured this view succinctly: "The Constituent Assembly was a one-party body in an essentially one-party country. The Assembly was the Congress and the Congress was India."
Critics also pointed to an overrepresentation of lawyers and politicians, who outnumbered experts from other fields like business, labor, or academia. This imbalance, they contended, explained the Constitution's notorious length and legalistic jargon—over 400 articles laden with complex phrasing. Adding a communal tint, some branded it a Hindu-dominated forum. Britain's Lord Viscount Simon dismissed it as "a body of Hindus," while Winston Churchill echoed that it represented "only one major community in India," ignoring the diverse voices within.
These critiques, though pointed, often overlooked the Assembly's extraordinary challenges: partition's chaos, princely states' integration, and the need to forge unity from diversity. Nonetheless, they underscore the contentious birth of India's foundational document.
Constituent Assembly: Creators of Constitution
The Constituent Assembly, tasked with crafting India's foundational legal document, bore distinctive symbols and relied on a team of eminent experts. The elephant served as its official seal, symbolizing wisdom and strength. Sir B.N. Rau was appointed as the constitutional advisor, providing crucial legal guidance, while H.V.R. Iyengar managed proceedings as Secretary. S.N. Mukerjee played a pivotal role as the chief draftsman, meticulously shaping the Constitution's text.
The document's presentation was a masterpiece of artistry and precision. Prem Behari Narain Raizada handwrote the original Constitution in a graceful flowing italic style, transforming legal prose into an enduring work of beauty. Artists from Shantiniketan elevated it further: Beohar Rammanohar Sinha illuminated and ornamented the Preamble, while Nandalal Bose and others added intricate decorations throughout.
A parallel effort ensured linguistic inclusivity. Vasant Krishan Vaidya calligraphed the Hindi version with elegance, which Nandalal Bose then adorned and illuminated, reflecting the Constitution's commitment to India's diverse heritage.
The Authoritative Hindi Text of the Constitution
When the Constitution of India came into force in 1950, it contained no provision for an official Hindi version, leaving English as the sole authoritative text. This gap was addressed three decades later through the 58th Constitutional Amendment Act, 1987, which introduced Article 394A in Part XXII—the concluding section of the Constitution. This article empowers the President to authorize and publish a Hindi translation of the Constitution, ensuring it aligns seamlessly with the evolving needs of linguistic parity.
Under Article 394A, the President is responsible for two key publications. First, a comprehensive Hindi translation of the entire Constitution, adapted with necessary modifications to match the language, style, and terminology used in authoritative Hindi versions of Central Acts. This translation must incorporate all constitutional amendments made up to the point of publication. Second, Hindi translations of every subsequent amendment originally drafted in English. These published Hindi texts are legally construed to carry the same meaning as their English counterparts. Should any interpretive challenges arise, the President may order suitable revisions to the Hindi version.
Critically, these Hindi translations hold equal authority to the English original for all purposes. This provision not only fulfills the constitutional commitment to Hindi as a key official language but also makes the supreme law accessible to a broader segment of India's diverse population.