3. Making of the Indian Constitution – Indian Polity (UPSC Study Material)
1. The Constituent Assembly: Composition and Working
Background
- The idea of a Constituent Assembly to frame India’s Constitution was first proposed in 1934 by M.N. Roy.
- It was officially accepted by the British Government in the Cabinet Mission Plan of 1946.
Composition
- Total Members: 389 (later 299 after Partition in 1947).
- 292 from British Indian Provinces.
- 93 from Princely States.
- 4 from Chief Commissioners’ Provinces (like Delhi, Ajmer, etc.).
- Members were indirectly elected by the Provincial Legislative Assemblies (not by direct public vote).
Key Personalities
- Dr. Rajendra Prasad – President of the Constituent Assembly.
- H.C. Mukherjee – Vice-President (later replaced by V.T. Krishnamachari).
- Dr. B.R. Ambedkar – Chairman of the Drafting Committee.
- Sir B.N. Rau – Constitutional Advisor.
Working of the Assembly
- First Meeting: 9th December 1946.
- Objective Resolution: Moved by Jawaharlal Nehru on 13th December 1946, later became the Preamble.
- Total Sessions: 11 sessions between December 1946 and November 1949.
- Total Duration: 2 years, 11 months, and 18 days.
- Adoption of the Constitution: 26th November 1949.
- Total Expenditure: ₹64 lakh approximately.
2. Committees of the Constituent Assembly
The Constituent Assembly worked through various committees to discuss and finalize provisions.
There were 8 major committees and several minor ones.
Major Committees
| Committee Name | Chairman | Purpose |
|---|---|---|
| Union Powers Committee | Jawaharlal Nehru | Distribution of powers between Centre and States |
| Union Constitution Committee | Jawaharlal Nehru | Framework of Union Government |
| Provincial Constitution Committee | Sardar Vallabhbhai Patel | Constitution for States/Provinces |
| Advisory Committee on Fundamental Rights, Minorities, etc. | Sardar Vallabhbhai Patel | Fundamental Rights and protection of minorities |
| Drafting Committee | Dr. B.R. Ambedkar | Prepared the draft of the Constitution |
| Steering Committee | Dr. Rajendra Prasad | Coordinated Assembly’s work |
| Rules of Procedure Committee | Dr. Rajendra Prasad | Drafted the rules for Assembly debates |
| States Committee | Jawaharlal Nehru | Negotiated with Princely States |
Drafting Committee (Most Important)
- Formed on 29th August 1947.
- Members: Dr. B.R. Ambedkar (Chairman), N. Gopalaswami Ayyangar, Alladi Krishnaswamy Ayyar, K.M. Munshi, Mohammad Saadullah, B.L. Mitter, and D.P. Khaitan.
- Presented first draft in February 1948 and final draft on 26th November 1949.
3. Drafting of the Constitution
Process
- The Drafting Committee studied over 60 Constitutions from around the world.
- The Indian Constitution combined the best features from many sources (e.g., Parliamentary system from Britain, Fundamental Rights from the USA).
- The final draft was debated clause by clause — over 7,600 amendments were proposed, and about 2,400 were accepted.
Structure
- Original Constitution:
- 395 Articles, 22 Parts, and 8 Schedules.
- Present Constitution (after amendments):
- 470+ Articles, 25 Parts, and 12 Schedules.
🇮🇳 4. Enforcement and Adoption of the Constitution
Adoption
- The Constitution was adopted on 26th November 1949.
- This day is celebrated as Constitution Day (Samvidhan Diwas).
Enforcement
- Came into force on 26th January 1950, chosen to honor the Purna Swaraj Declaration (1930).
Important Provisions Enforced Earlier
- Provisional Parliament and Election Commission were established before full enforcement.
Results
- India became a Republic on 26th January 1950.
- Dr. Rajendra Prasad became the first President of India.
- The Government of India Act, 1935 ceased to operate.
Key Facts for UPSC Prelims
| Fact | Detail |
|---|---|
| Total Members (after Partition) | 299 |
| Chairman of Drafting Committee | Dr. B.R. Ambedkar |
| First Meeting | 9 December 1946 |
| Objective Resolution | 13 December 1946 |
| Adoption Date | 26 November 1949 |
| Enforcement Date | 26 January 1950 |
| Duration | 2 years, 11 months, 18 days |
| Number of Sessions | 11 |
| Number of Articles (Original) | 395 |
| Number of Parts | 22 |
| Number of Schedules (Original) | 8 |
Key Concepts for Mains
- The Constituent Assembly reflected India’s diversity and adopted democratic principles.
- The Drafting Committee, under Ambedkar, balanced liberty, equality, and fraternity.
- The Preamble was based on Nehru’s Objective Resolution.
- Adoption of 26th January symbolized India’s commitment to complete independence.
Practice Questions
1. Objective Type (Prelims)
Question:
Who among the following was not a member of the Drafting Committee of the Indian Constitution?
A) K.M. Munshi
B) N. Gopalaswami Ayyangar
C) Jawaharlal Nehru
D) Alladi Krishnaswamy Ayyar
Answer: ✅ C) Jawaharlal Nehru
Explanation: Nehru was part of the Union Powers and Union Constitution Committees, not the Drafting Committee.
2. Descriptive Type (Mains)
Question:
Discuss the composition and functioning of the Constituent Assembly of India. How did it reflect the democratic spirit of the Indian freedom struggle?
Answer (Hint for Writing):
- Mention Cabinet Mission Plan (1946) and indirect election system.
- Highlight key members and leadership (Rajendra Prasad, Ambedkar, Nehru, Patel).
- Describe committee system and inclusive debates.
- Emphasize democratic values — representation of provinces, minorities, and diversity of opinions.
- Conclude with the adoption and enforcement dates showing India’s transition to a Republic.