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Summary
 RAJIV GANDHI NATIONAL UNIVERSITY
OF LAW, PUNJAB

TOPIC = CONSTITUENT ASSEMBLY AND

FORMATION OF THE CONSTITUTION

Submitted by: Submitted to:

Vardan Jaggi Dr. Rachna Sharma

Roll No. - 22188 Assistant Professor in History

RGNUL, Punjab
 ACKNOWLEDGEMENT

Writing down these words to show my genuine gratitude to the

many persons who greatly aided me in finishing this project gives me
tremendous joy.

It is an honour for me to express my sincere thanks and obligation to

my professors for their insightful advice and helpful critiques.

Our university's peaceful environment offers the right direction for

project preparation. Being mentored by Dr. Rachna Sharma was an
honour.
 INTRODUCTION
India, the world's largest democracy, boasts the world's longest constitution, with 448
Articles, and it breathes the air of sovereignty. A notable place in Indian history is given to
the narrative that led to the creation of the Indian Constitution. An Indian leader of the
Communist movement named M.N. Roy originally planted the idea for the creation of a
Constituent Assembly in 1934. Following this, the Indian National Congress seized the
spotlight in 1935 with its call for the creation of a Constituent Assembly to draught the
Constitution of India. Even though the British Government agreed to this demand in 1940,
the draught plan that the Government delivered to India with Sir Stafford Cripps was not well
2
received by the Muslim League. Finally, it was the Cabinet Mission that proposed the idea of
the Constituent Assembly, commencing the process of drafting the Indian Constitution and
making history in the process. The Assembly spent the years 1946 to 1950 drafting the
supreme law of democratic India, which was ultimately approved on November 26, 1949,
taking effect on January 26, 1950, which has since become India's Republic Day. To create
3
the Indian Constitution, the Constituent Assembly had precisely two years, eleven months,
and seventeen days to do so. The Assembly met for eleven sessions for a total of 165 days
2
during this time, 114 of which were devoted to debating the draught constitution. This article
seeks to shed light on all the noteworthy occasions that preceded the formulation of the
Indian Constitution, which is regarded as the mother of all Indian laws.
The main organising factor for the constitution-making process was the conversations that
took place in the Constituent Assembly. The Constituent Assembly had a relatively small
electorate. Instead of using the complete adult franchise, the Cabinet Mission Plan—which
created the Indian Constituent Assembly—recommended indirect elections by representatives
13
of the recently elected Provincial Legislative Assemblies. Along with the members chosen by
the Provincial Legislative Assembly, the Princely States and the CC's Provinces each
contributed 93 and 4 members to the Assembly, bringing the total to 389. (292). After the
partition, when numerous Provinces and Princely areas joined Pakistan, the total number of
seats fell to 299. The Constituent Assembly's chairman was chosen as Rajendra Prasad.
The Draft Constitutions submitted by the Drafting Committee were the subject of much
discussion by the Constituent Assembly. Amendments suggested by members of the
Constituent Assembly that were to be presented in advance to the Chairman were hotly
contested. The Constituent Assembly either accepted or rejected modifications at the
conclusion of a discussion about a particular Article of the Draft Constitution. By majority
voting, choices were made.
11
The Constituent Assembly convened for the first time on December 9, 1946. It finished
drafting the Indian Constitution in a period of two years and eleven months. The Constituent
Assembly met for 166 days and held 11 sessions throughout this time. The Constitution of
India was enacted on November 26 by the Constituent Assembly and went into effect on
January 26, 1950.1

1
“Constitution of India.” Constitutionofindia.net, 2017,
www.constitutionofindia.net/constitution_making_process/constituent_assembly.
 FORMATION OF THE ASSEMBLY
To design a rulebook for India, the Constituent Assembly of India was founded. Its members
were indirectly elected (including Pakistan and Bangladesh). It was the first parliament of
India following its independence in 1947, and it operated for around three years. Muslims and
Sikhs gained special representation as minorities in the Assembly since it was not chosen
through universal adult suffrage. After failing to stop the Assembly's formation, the Muslim
League boycotted it. Even though the Congress Party was a one-party system, a sizable
1
portion of the Constituent Assembly was selected from it. The Congress Party represented a
wide range of ideologies, from conservative businessmen to radical Marxists and everyone.
Jawaharlal Nehru said in the first meeting of the Constituent Assembly – “The first task of
this Assembly is to free India through a new constitution, to feed the starving people, and to
clothe the naked masses, and to give every Indian the fullest opportunity to develop himself
according to his capacity. This is certainly a great task. Look at India today. We, are sitting
here and there in despair in many places, and unrest in many cities. The atmosphere is
surcharged with these quarrels and feuds which are called communal disturbances, and
unfortunately we sometimes cannot avoid them. But at present the greatest and most
important question in India is how to solve the problem of the poor and the starving.
Wherever we turn, we are confronted with this problem. If we cannot solve this problem
soon, all our paper constitutions will become useless and purposeless. Keeping this aspect in
view, who could suggest to us to postpone and wait?”2

Elections for the Assembly

The Constituent Assembly was founded after talks between representatives of India and the
United Kingdom's 1946 Cabinet Mission to India, while the country was still ruled by the
1
British. Early in 1946, there were elections for the provincial assemblies. Members of the
newly elected provincial assemblies, who initially comprised delegates for the provinces that
made up Pakistan, were chosen indirectly to serve on the Constituent Assembly (some of
which are now in Bangladesh). There were 389 members of the Constituent Assembly,
including 15 women.
The elections (general elections) were held in a proper way, following the universal adult
franchise. Elections were held in every province and members from the princely states were
also nominated for the Assembly.
On September 2, 1946, the freshly elected Constituent Assembly came together to create the
1
Interim Government of India. The Muslim League controlled almost all of the seats
designated in the Assembly for Muslims, although the Congress Party retained a sizable
majority (69 percent of the seats). There were also supporters of minor parties like the
Unionist Party, the Scheduled Caste Federation, and the Communist Party of India.
In order to construct the Pakistani Constituent Assembly, which met in Karachi in June 1947,
representatives from Sindh and other Pakistani Provinces withdrew. On August 15, 1947, the
Dominion of India and the Dominion of Pakistan gained their independence. The Constituent

2
Krishan, Gopal, and Archna Verma. "Constituent Assembly of India: An Overview." Research Journal of Humanities and Social
Sciences 6.2 (2015): 123-126.
 1
Assembly members who had not fled to Karachi then served as India's Parliament. Twenty-
eight Muslim League members entered the Indian Assembly, while 93 princely state
nominees were eventually elected, giving the Congress Party an 82 percent majority.

Organisation and Committees

8
As president and vice president, respectively, Dr. Rajendra Prasad of India and Harendra
Coomar Mookerjee, a Bengali Christian and former vice chancellor of Calcutta University,
were chosen. After India became a republic, Mookerjee was named governor of West Bengal
in addition to serving as chair of the assembly's Minorities Committee. B. N. Rau, a lawyer
1
who wrote the initial draught of the constitution and later served as a judge at The Hague's
Permanent Court of International Justice, was chosen as the assembly's constitutional adviser.
7
The Constituent Assembly convened for the first time on December 9, 1946, at the
Constitution Hall of the Indian Parliament in New Delhi, making that day extremely
significant. Even though notable figures like “Pandit Jawaharlal Nehru, Maulana Abul Kalam
Azad, Sardar Vallabhbhai Patel, Acharya J.B. Kripalani, Dr. Rajendra Prasad, Smt. Sarojini
Naidu, Shri Hare-Krushna Mahatab, Pandit Govind Ballabh Pant, Dr. B.R. Ambedkar, Shri
Sarat Chandra Bose, Dr. Sachchidananda Sinha, the oldest member of the Constituent
Assembly, was chosen to preside over the assembly's meeting, which had 211 participants.”
Later, Dr. Rajendra Prasad was chosen to serve as the Constituent Assembly's President, after
5
which H.C. Mukherjee and V.T. Krishnamachari were chosen to serve as the Assembly's
Vice Presidents, giving the Assembly a total of two Vice Presidents.
4
The Objectives Resolution, presented to the Constituent Assembly by Pandit Jawaharlal
Nehru on December 13, 1946, and approved by it on January 22, 1947, served as the
foundation for the assembly's operations. The Objectives Resolution outlined eight guiding
principles for drafting India's constitution, which included the core concepts of independence
and sovereignty. According to the Resolution, the people of the country will determine the
powers of the government's organs, assuring socioeconomic and political justice, equality
before the law, and the people's freedom of expression, religion, and belief in exchange. The
Resolution intended to give people from underprivileged classes, tribal areas, and minority
groups proper protection while also eradicating caste prejudice that had long persisted in
Indian culture. The Objective Resolution advocated maintaining the integrity and sovereignty
of the country at all costs in order to uphold peace across the world and promote human
welfare.3

The Constituent Assembly established many committees to focus on different aspects of

constitution-making in order to prevent any sort of mismanagement and to handle the volume
of work that needed to be done. 21 committees were established by the Constituent Assembly
to handle various constitution-making responsibilities. Eight of these were important

3
Mahawar, Sneha. “The Making of the Constitution of India: A Detailed Analysis – IPleaders.” IPleaders, 6 Oct. 2021,
www.blog.ipleaders.in/making-constitution-india-detailed-analysis/
committees, while the remaining were small committees. The major ones have been listed
below along with the heads of the committees:- 4

1. “The Union Powers Committee presided over Pandit Jawaharlal Nehru.

2. The Union Constitution Committee presided over Pandit Jawaharlal Nehru.
3. The Provincial Constitution Committee presided over Sardar Patel.
4. Drafting Committee presided by Dr. B.R. Ambedkar.
5. Advisory Committee on Fundamental Rights, Minorities and Tribal and
Excluded Areas presided by Sardar Patel.

This committee had the following five sub-committees:

 Fundamental Rights Sub-Committee with J.B. Kripalani as the Chairman.

 Minorities Sub-Committee with H.C. Mukherjee as the Chairman.
 North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded
Areas Sub-Committee with Gopinath Bardoloi as the Chairman.
 Excluded and Partially Excluded Areas (Other than those in Assam) Sub-
Committee with A.V. Thakkar as the Chairman.
 North-West Frontier Tribal Areas Sub-Committee.

6. Rules of Procedure Committee presided over by Dr. Rajendra Prasad.

7. States Committee (Committee for Negotiating with States) presided over
Pandit Jawaharlal Nehru.
8. The Steering Committee was presided over by Dr. Rajendra Prasad.”

The rest thirteen were discussed as the minor ones.

Drafting Committee - A new Constitution for Independent India was the main goal of the
Indian Constitution Assembly's Drafting Committee's establishment. Of all the Constituent
Assembly Committees, the Drafting Committee was the most crucial. On August 29, 1947, it
was founded, and Dr. B.R. Ambedkar was the chairman.
Committee Members –
1. “Dr. B R Ambedkar (Chairman)
2. N Gopalaswamy Ayyangar
3. Alladi Krishnaswamy Ayyar
4. Dr. K M Munshi
5. Syed Mohammad Saadullah

4
Bajpai, Rochana. "Minority Rights in the Indian Constituent Assembly Debates, 1946." (2002).
6. N Madhava Rau (He replaced B L Mitter who resigned due to ill-health)
7. T T Krishnamachari (He replaced D P Khaitan who died in 1948)”
The drafting committee was tasked with creating the new constitution. A committee was
established on August 29, 1947, with Dr. B R Ambedkar serving as its chairperson.
There were five phases of the assembly's work:
 The committees gave their reports on the problems.
 B.N. Rau created an early draught of the constitution in accordance with the results
and his study into other nations' constitutions.
 The B. R. Ambedkar-led drafting committee created a complete draught constitution
that was made available for feedback.
 There was discussion over the draught constitution, and changes were put forth and
adopted.
 The Congress Party, headed a group of specialists that was instrumental in getting the
constitution passed.5

TIMELINE
1
On December 9, 1946, the Assembly was established (demanding a different country, the
Muslim League avoided the meeting.)
President Rajendra Prasad, vice-chairman Harendra Coomar Mookerjee, and constitutional
legal advisor B. N. Rau were appointed on December 11th, 1946. The total number of
1
members initially stood at 389 but fell to 299 following partition. Out of 389, 292 were from
princely states, 4 were chief commissioner provinces, and the remaining 93 were from
government provinces.
Jawaharlal Nehru submitted the "Objective Resolution" on December 13th, 1946, outlining
the fundamental foundations of the constitution, which subsequently became its Preamble.
22 January 1947: Unanimous approval of the objective resolution.
Adoption of the national flag on July 22, 1947
Independence was won on August 15, 1947. States of India and Pakistan were formed out of
India.
9
The Drafting Committee was established on August 29, 1947, with Dr. B. R. Ambedkar
1
serving as its head. K.M. Munshi, Muhammad Saadulah, Alladi Krishnaswamy Iyer, Gopala
Swami Ayyangar, N. Madhava Rao (who replaced B.L. Mitter who quit owing to illness),
and T. T. Krishnamachari were the other six members of the committee (He replaced D.P.
Khaitan who died in 1948).

5
Patil, Amruta. “Drafting Committee of the Constituent Assembly – Indian Polity Notes.” Prepp, Prepp, 2022,
www.prepp.in/news/e-492-drafting-committee-of-the-constitution-assembly-indian-polity-notes
On July 16, 1948, V. T. Krishnamachari was chosen to serve as the second vice-president of
the Constituent Assembly alongside Harendra Coomar Mookerjee.
The "Constitution of India" was approved and ratified by the legislature on November 26,
1949.
The Constituent Assembly's final meeting was held on January 24, 1950. All participants
signed and endorsed the "Constitution of India" (which has 395 articles, 8 schedules, and 22
sections).
12
The "Constitution of India" entered into force on January 26, 1950, after taking 2 years, 11
months, and 18 days to complete.
After India became a republic, Ganesh Vasudev Mavalankar was the first person to address
as a speaker in the Lok Sabha.6

IMPORTANT MEMBERS

 “Rajendra Prasad – Constituent Assembly’s President and India’s 1st President

 Bhim Rao Ambedkar – Finance Minister of Bihar and Head of the Drafting
Committee
 Deep Narayan Singh – Cabinet Minister of Bihar
 Gopinath Bordoloi – Chief Minister of Assam
 M. Mohammed Ismael – President of the Indian Union Muslim League
 Rameshwar Prasad Sinha
 Frank Anthony – Anglo-Indian representative
 Sarvepalli Radhakrishnan – Vice-President of India
 John Mathai – Minister of Raiilways
 K. Kamaraj – Chief Minister of Tamil Nadu
 Jaipal Singh Munda – Former Indian Hockey Captain and Tribal Leader
 Kala Venkata Rao – AICC General Secretary
 Hifzur Rehman Seoharwi – Islamic Scholar and Activist
 Sarojini Naidu
 Vijaya Lakshmi Pandit”

6
< www.constitutionofindia.net >
 FORMATION OF THE INDIAN
CONSTITUTION

In 1946, the parliament hired Sir Benegal Narsing Rau, a civil servant who later served as
president of the United Nations Security Council and the first Indian judge on the
International Court of Justice. Rau wrote the first draught of the constitution in February
1948 and was in charge of its overall framework. After discussions, arguments, and
1
modifications, the B.N. Rau draft's 243 items and 13 schedules were reduced to 395 articles
and 8 schedules.
1
Committees were suggested at the assembly meeting on August 14, 1947. The eight-person
drafting committee, which was established on August 29, 1947, with B. R. Ambedkar as
head, reviewed, discussed, and modified Rau's proposal. The committee created a new
6
draught constitution and presented it to the assembly on November 4th, 1947. In his final
address to the constituent assembly on November 25, 1949, Dr. B. R. Ambedkar noted that
Mr. Rau and not only myself should share some of the glory.
2
Out of a total of 7,635 amendments, the assembly advanced, debated, and rejected 2,473
during its deliberations on the updated draught constitution. The assembly met eleven times
over the course of 165 days before adopting the constitution. It ratified the constitution on
November 26, 1949, with the signatures of 284 members. National Law Day or Constitution
1
Day is observed on this day. The day was chosen to raise awareness of both the value of the
constitution and of Ambedkar's ideals.
The assembly's last meeting began on January 24, 1950. The constitution was signed by each
member twice, once in Hindi and once in English. The original constitution was drafted by
1
hand, and Shantiniketan painters like Beohar Rammanohar Sinha and Nandalal Bose
embellished each page. Prem Behari Narain Raizada was the work's calligrapher. On January
26, 1950, two days later, it was enacted into Indian law. The Constituent Assembly was
expected to cost 6.3 crore. Since it was adopted, the constitution has undergone more than
100 modifications.
The longest constitution for a sovereign state in the world is that of India. It contained 395
articles dissected into 22 sections and some schedules when it was enacted. It is one of the
longest active constitutions in the world, behind the Constitution of Alabama, with around
145,000 words.
The 470 articles that make up the constitution are divided into 25 sections and preceded by a
prologue. It includes 12 schedules and 5 appendices, has undergone 105 amendments, the
most recent of which took effect on August 10, 2021.7
The relevant and associated heads and sub-heads were used to separate the sections in the
appropriate manner. Similar to how Part I discusses the Union and its Territories and Part II

7
Shekhawat, Vineeta. "INDIAN CONSTITUTION: MODEL DESIGNING AND SUMMATION." The Indian Journal of Political
Science 51.1 (1990): 54-74.
follows with a discussion of Union Citizenship Then in Part III, the people' Fundamental
10
Rights are discussed (mentioned in Part II). The Directive Principles of State Policy are
mentioned in Part IV (DPSP). The 46th Amendment incorporated the concept of
Fundamental Duties in 1976. The Indian Constitution has a number of other Parts and
Schedules that cover a wide range of significant and small issues pertaining to the governance
of the nation.
Many references from other nations that were once British colonies were used when the
Assembly was drafting the Constitution. Many issues and headings were taken from other
countries since we were in a rush to create the greatest Constitution because we were set to
gain independence very soon. From other nations' constitutions, certain provisions were taken
that were deemed necessary even in a varied nation like India.
The following provisions were taken from various countries – 8
 The United Kingdom – The influence of Bicameral Legislature, more power to Lok
Sabha, post of the Prime Minister, nominal head of the State as well as the Cabinet
system along with the parliamentary privileges was from the Constitution of the UK.
 The USA – The references of Fundamental Rights, Preamble, federal structure,
impeachment process, electoral college, judicial review along with the doctrine of
equal protection under law has been grasped from the US Constitution.
 Ireland – The major parts of the DPSP, the nomination in the Rajya Sabha and
process of the President’s election has been derived from the Irish Constitution
 Australia – Implementing treaties, the requirement of Concurrent List and provision
for the Joint Session of the Parliament has been taken from the Australian
Constitution.
 France – The ideas and notions of being a Republic as well as “liberte, egalite,
fraternite” which means “liberty, equality, fraternity” were replicated from the French
people’s Constitution.
 Canada – The format of the quasi-federal government, power distribution among the
Centre and the states, the post of Governor and the Residual powers of the central
government were taken from the Constitution of Canada.
 Soviet Union – Fundamental Duties in Part IV(A) and permanent Planning
Commission are the two major parts taken from the Soviet people.
 Germany – The rule of Fundamental Rights being suspended during Emergency has
been taken from the Weimar Republic’s Constitution.
 South Africa – Amendment ways and process of the elections of the members of the
Rajya Sabha has been extracted from the South African Constitution.

8
Lijphart, Arend. "Constitutional design for divided societies." Journal of democracy 15.2 (2004): 96-109.
 CRITICISM AND CONCLUSION

Many authors, academicians, and historians have criticised the Constituent Assembly and
the Constitution-making process for having issues. The Constitution has certain defects
that have made it a little ambiguous, but the rest of it is practically flawless.9 Some points
of criticism are being mentioned below –
 The Constituent Assembly required a lot of time and work – Comparing the
Indian Constitution's creators to the American Constitution's authors, the
detractors said that they took longer than necessary to complete their work.
 The Constituent Assembly was not a sovereign or a representative entity –
The Assembly was criticised for not being a representative body since members
were chosen without the use of the universal adult franchise, and because the
British Government was responsible for the Assembly's creation.
 Members of the Congress Party predominated in the Constituent Assembly –
2
Famous British constitutional experts had noted that the Indian Constituent
Assembly was a one-party legislature, requiring the Assembly to be run mostly by
Congress members.
 The Assembly was predominately made up of Hindus – The main criticism of
the Constituent Assembly was that it solely represented Hindus in the country,
leaving out all other religions.

Overall, the Indian Constitution might be said to be neither wholly strict nor wholly flexible.
It has stringent elements, but its other elements are relatively simple to understand and adhere
to. The recommendations made in the DPSPs by the original drafters of the constitution have
been transformed into laws, and some have been left in place for potential future needs. In
certain states, the Uniform Civil Code (UCC) laws have already been put into effect.
Despite the numerous complaints made about the Constituent Assembly's procedures, it
cannot be disputed that the Constitution of India, which we refer to as the Constituent
Assembly's greatest gift to India, would not have been possible without the tireless efforts of
the distinguished individuals who joined forces to draught it. The rights and obligations
granted to both its residents and the states of the union, as well as the air of sovereignty,
democracy, and freedom, are all present in India today.

9
Choudhary, Vikas K. "The Idea of Religious Minorities and Social Cohesion in India’s Constitution: Reflections on the Indian
Experience." Religions 12.11 (2021): 910.
 BIBLIOGRAPHY

Books and Journal Articles –

1. Krishan, Gopal, and Archna Verma. "Constituent Assembly of India: An

Overview." Research Journal of Humanities and Social Sciences 6.2 (2015):
123-126.
2. Bajpai, Rochana. "Minority Rights in the Indian Constituent Assembly
Debates, 1946." (2002).
3. Shekhawat, Vineeta. "INDIAN CONSTITUTION: MODEL DESIGNING
AND SUMMATION." The Indian Journal of Political Science 51.1 (1990):
54-74.
4. Lijphart, Arend. "Constitutional design for divided societies." Journal of
democracy 15.2 (2004): 96-109.
5. Choudhary, Vikas K. "The Idea of Religious Minorities and Social Cohesion
in India’s Constitution: Reflections on the Indian Experience." Religions 12.11
(2021): 910.

Web and Online Sources –

1. “Constitution of India.” Constitutionofindia.net, 2017,

www.constitutionofindia.net/constitution_making_process/constituent_assembly.
2. Mahawar, Sneha. “The Making of the Constitution of India: A Detailed Analysis –
IPleaders.” IPleaders, 6 Oct. 2021, www.blog.ipleaders.in/making-constitution-india-
detailed-analysis/
3. Patil, Amruta. “Drafting Committee of the Constituent Assembly – Indian Polity
Notes.” Prepp, Prepp, 2022, www.prepp.in/news/e-492-drafting-committee-of-the-
constitution-assembly-indian-polity-notes
4. < www.constitutionofindia.net >
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