PolityAugust 23, 2026

Making of the Indian Constitution: Constituent Assembly, Committees & Drafting for UPSC

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UPSC Planner Editorial Team

Summary

A comprehensive UPSC guide to the making of the Indian Constitution, exploring the demand genesis, Cabinet Mission Plan, composition and working of the Constituent Assembly, major committees, Drafting Committee, enactment, and key historical facts.

The Constitution of India, the supreme lex of the Republic, is the product of an exhaustive and democratic constitution-making process led by the Constituent Assembly of India between December 1946 and November 1949. Spanning a duration of 2 years, 11 months, and 18 days, the framing of the Constitution transformed colonial India into a sovereign, democratic republic founded on popular sovereignty, justice, liberty, equality, and fraternity.

Understanding the historical genesis of the demand, the election and composition of the Constituent Assembly under the Cabinet Mission Plan, its working mechanisms, the Drafting Committee, the enactment vs commencement milestones, and authoritative primary records is fundamental for the UPSC Civil Services Examination (Prelims & Mains GS Paper II).

Genesis of the Demand for a Constituent Assembly

The demand for an indigenous constitution-making body evolved through several political and constitutional milestones before being formally accepted by the British colonial administration:

YearKey MilestoneConstitutional Significance
1934M.N. Roy's InitiativePioneer of the communist movement in India, M.N. Roy, first put forward the idea of an independent Constituent Assembly for India.
1935Official INC DemandThe Indian National Congress (INC) officially demanded a Constituent Assembly to frame the Constitution of India for the first time.
1938Nehru's DeclarationPandit Jawaharlal Nehru, on behalf of the INC, declared that "the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise".
1940August OfferViceroy Lord Linlithgow announced the August Offer, recognizing in principle for the first time that constitution-making was "primarily the responsibility of Indians themselves".
1942Cripps MissionSir Stafford Cripps brought a draft British declaration proposing an elected Constituent Assembly after World War II, rejected by both the INC and the Muslim League.
1946Cabinet Mission PlanA three-member mission arrived in India (March 1946), rejected the demand for two separate Constituent Assemblies, and formulated the practical scheme for the Constituent Assembly of India.

Composition of the Constituent Assembly

The Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan (comprising Lord Pethick-Lawrence, Sir Stafford Cripps, and A.V. Alexander).

Key Features of the Original Scheme (1946)

🏛️ Total Strength Allocation (389 Seats):

  • 296 Seats for British India:
    • 292 members elected from the 11 Governors' Provinces (Madras, Bombay, UP, Bihar, Central Provinces, Orissa, Punjab, NWFP, Sindh, Bengal, Assam).
    • 4 members elected from the 4 Chief Commissioners' Provinces (Delhi, Ajmer-Merwara, Coorg, and British Baluchistan).
  • 93 Seats for Princely States: Allocated to Indian Princely States, to be filled by nomination by the respective rulers.
  • Proportional Representation to Population: Seats were allocated to each province and princely state roughly in the ratio of one seat to every one million (10 Lakh) population.
  • Three Communal Categories in British Provinces: Seats allocated to each British province were divided among three principal communities: Muslims, Sikhs (in Punjab), and General (all except Muslims and Sikhs), in proportion to their respective populations.
  • Method of Election: Representatives of each community were elected by the members of that community in the Provincial Legislative Assemblies using the method of proportional representation by means of the single transferable vote.
  • Partly Elected, Partly Nominated Body: The Constituent Assembly was a partly elected and partly nominated body. Members were not directly elected by the people of India on universal adult franchise, but were elected indirectly by the members of the Provincial Assemblies (who had themselves been elected under the restricted franchise of the Government of India Act, 1935).
  • Election Results (July to August 1946): In the elections to the 296 seats assigned to British Indian Provinces:
    • Indian National Congress (INC): Won 208 seats
    • Muslim League: Won 73 seats
    • Independent and Small Groups: Won 15 seats
    • The 93 seats allotted to Princely States remained initially unfilled because they decided to stay away from the Assembly.

Post-Partition Reorganization (1947)

Following the acceptance of the Mountbatten Plan of 3 June 1947 and the enactment of the Indian Independence Act of 1947, the members from areas included in Pakistan (West Punjab, East Bengal, NWFP, Sindh, and British Baluchistan) withdrew:

CategoryOriginal Strength (Nov 1946)Post-Partition Strength (31 Dec 1947)
Indian Provinces (British India)296229
Princely States9370
Total Assembly Strength389299

Working of the Constituent Assembly

The Constituent Assembly held its inaugural session in the Constitution Hall (now Central Hall of Parliament House, New Delhi) on 9 December 1946.

Key Sittings and Leadership Milestones

  • First Meeting (9 December 1946): Attended by 211 members. The Muslim League boycotted the meeting and insisted on a separate state of Pakistan.
  • Interim President: Following the French constitutional practice of appointing the oldest member, Dr. Sachchidananda Sinha was elected as the temporary (interim) Chairman of the Assembly.
  • Permanent President (11 December 1946): Dr. Rajendra Prasad was unanimously elected as the permanent President of the Constituent Assembly.
  • Two Vice-Presidents: The Assembly had two Vice-Presidents:
    1. H.C. Mukherjee (eminent Christian leader and educationist)
    2. V.T. Krishnamachari (distinguished civil servant representing Princely States)
  • Constitutional Advisor: Sir B.N. Rau (Bengal civil servant and jurist, who later served on the International Court of Justice) was appointed as the Constitutional Advisor (Legal Advisor) to the Constituent Assembly.

The Historic Objectives Resolution

On 13 December 1946, Pandit Jawaharlal Nehru moved the historic Objectives Resolution in the Assembly, outlining the constitutional philosophy, structural architecture, and guiding principles of the Constitution:

📜 Key Principles of the Objectives Resolution:

  1. Proclamation of Republic: Declared the resolve to proclaim India an Independent Sovereign Republic and to draw up a Constitution for her future governance.
  2. Territorial Integrity: Defined the Union of India comprising British Indian territories, Indian Princely States, and willing adjacent territories.
  3. Popular Sovereignty: Affirmed that all power and authority of sovereign independent India, its constituent parts, and organs of government are derived directly from the people.
  4. Guaranteed Rights and Justice: Guaranteed to all citizens justice (social, economic, and political); equality of status, opportunity, and before the law; and freedom of thought, expression, belief, faith, worship, vocation, association, and action, subject to law and public morality.
  5. Safeguards for Minorities: Provided adequate safeguards for minorities, backward and tribal areas, and depressed and other backward classes.
  6. World Peace: Committed the nation to the promotion of international peace and the welfare of mankind.

The Objectives Resolution was unanimously adopted by the Constituent Assembly on 22 January 1947. Its modified version forms the Preamble of the Indian Constitution.

Changes Effected by the Indian Independence Act, 1947

The Indian Independence Act of 1947 conferred three fundamental statutory changes on the character and functioning of the Constituent Assembly:

🏛️ 1. Fully Sovereign Body: The Assembly was declared a fully sovereign legislature, empowered to frame any constitution, alter any statutory framework, and repeal or amend any Act of the British Parliament, including the Indian Independence Act itself.

🏛️ 2. Dual Legislative Role: The Assembly became the first Parliament of independent India (Dominion Legislature / Provisional Parliament). It performed two separate functions on distinct days:

  • Constitution-Making Function: Presided over by Dr. Rajendra Prasad.
  • Ordinary Law-Making (Legislative) Function: Presided over by G.V. Mavalankar (who later became the first Speaker of the Lok Sabha).

🏛️ 3. Princely States and Muslim League Participation: Representatives of the Princely States, who had initially stayed away, gradually took their seats. Following the partition of Bengal and Punjab, the remaining members from Indian territory participated fully in the Assembly.

Other Important Functions Performed by the Assembly

Beyond framing the Constitution and enacting ordinary laws, the Constituent Assembly accomplished several national milestones:

  • Commonwealth Membership: Ratified India's continuation of membership in the Commonwealth of Nations in May 1949.
  • National Flag Adoption: Adopted the National Flag on 22 July 1947 (designed by Pingali Venkayya, with a 3:2 ratio and the 24-spoke Ashoka Chakra).
  • National Anthem Adoption: Adopted the National Anthem (Jana Gana Mana, composed by Rabindranath Tagore) on 24 January 1950.
  • National Song Adoption: Adopted the National Song (Vande Mataram, composed by Bankim Chandra Chattopadhyay) on 24 January 1950.
  • Election of the First President: Elected Dr. Rajendra Prasad as the first President of the Republic of India on 24 January 1950.
  • Time Taken and Sessions: The Assembly held 11 formal sessions over a period of 2 years, 11 months, and 18 days, sitting for a total of 165 days. The Constitution-makers reviewed the constitutions of nearly 60 countries, and the Draft Constitution was scrutinized for 114 days. The total expenditure incurred was approximately Rs. 64 Lakh.

Major and Minor Committees of the Assembly

To systematically handle different dimensions of constitution-making, the Constituent Assembly appointed 8 Major Committees and numerous Minor Committees.

Major Committees and Their Chairpersons

CommitteeChairpersonCore Jurisdiction
Drafting CommitteeDr. B.R. AmbedkarScrutinizing the preliminary draft prepared by Sir B.N. Rau and preparing the final Draft Constitution.
Union Powers CommitteeJawaharlal NehruDemarcating the legislative and fiscal powers of the Union Government.
Union Constitution CommitteeJawaharlal NehruStructuring the executive, legislative, and judicial architecture of the Union.
Provincial Constitution CommitteeSardar Vallabhbhai PatelDesigning the constitutional framework for State/Provincial governance.
Advisory Committee on Fundamental Rights, Minorities and Tribal & Excluded AreasSardar Vallabhbhai PatelOverall advisory policy on fundamental rights, minorities, and tribal welfare.
Rules of Procedure CommitteeDr. Rajendra PrasadFraming internal debate, voting, and procedural rules for the Assembly.
States Committee (Negotiating Committee)Jawaharlal NehruNegotiating accession and constitutional terms with Indian Princely States.
Steering CommitteeDr. Rajendra PrasadManaging the overall legislative business and timetable of the Assembly.

Sub-Committees under the Advisory Committee

The Advisory Committee chaired by Sardar Patel had 5 important sub-committees:

  1. Fundamental Rights Sub-Committee: Chaired by J.B. Kripalani.
  2. Minorities Sub-Committee: Chaired by H.C. Mukherjee.
  3. North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee: Chaired by Gopinath Bardoloi.
  4. Excluded and Partially Excluded Areas (Other than Assam) Sub-Committee: Chaired by A.V. Thakkar (Thakkar Bapa).
  5. North-West Frontier Tribal Areas Sub-Committee: (Did not function extensively due to partition).

The Drafting Committee: Composition and Role

Set up on 29 August 1947, the Drafting Committee was the most pivotal committee of the Constituent Assembly. It was tasked with drafting the formal text of the Constitution based on the initial constitutional reports and the draft prepared by the Constitutional Advisor, Sir B.N. Rau.

Seven Members of the Drafting Committee

                         Drafting Committee (Set up 29 Aug 1947)
                                            │
                                            ▼
                           Dr. B.R. Ambedkar (Chairman)
                                            │
        ┌───────────────────┬───────────────┴───────────────┬───────────────────┐
        ▼                   ▼                               ▼                   ▼
N. Gopalaswami Ayyangar  Alladi Krishnaswami Ayyar    Dr. K.M. Munshi    Syed Mohammad Saadulla
                                            │
                    ┌───────────────────────┴───────────────────────┐
                    ▼                                               ▼
             N. Madhava Rau                                 T.T. Krishnamachari
      (Replaced B.L. Mitter due to illness)             (Replaced D.P. Khaitan who died in 1948)
  1. Dr. B.R. Ambedkar (Chairman) - Widely recognized as the "Father of the Constitution of India" and the "Modern Manu".
  2. N. Gopalaswami Ayyangar
  3. Alladi Krishnaswami Ayyar
  4. Dr. K.M. Munshi
  5. Syed Mohammad Saadulla
  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 published its First Draft in February 1948, giving the public and legislatures 8 months to suggest amendments. After incorporating public feedback, a Second Draft was published in October 1948.

Enactment and Commencement of the Constitution

The drafting and debate of the Constitution proceeded through three comprehensive readings:

  • First Reading (4 Nov 1948 to 9 Nov 1948): General discussion on the Draft Constitution introduced by Dr. B.R. Ambedkar.
  • Second Reading (15 Nov 1948 to 17 Oct 1949): Clause-by-clause consideration where 7,653 amendments were proposed and 2,473 amendments were actively debated on the floor.
  • Third Reading (14 Nov 1949 to 26 Nov 1949): Dr. B.R. Ambedkar moved the final motion: "The Constitution as settled by the Assembly be passed".

Enactment Milestone (26 November 1949)

The motion on the Draft Constitution was declared passed on 26 November 1949, receiving the signatures of the members and the President.

  • Signatures: Out of the 299 members, 284 members were present in the Assembly on 26 November 1949 and appended their signatures to the original manuscript of the Constitution.
  • Adopted Text: The Constitution as adopted contained a Preamble, 395 Articles, and 8 Schedules.
  • Preamble Sequence: The Preamble was enacted after the rest of the Constitution was already passed to ensure complete harmony with operative provisions.
  • Constitution Day: 26 November is celebrated annually across India as Constitution Day (Samvidhan Diwas) (officially notified by the Government of India in 2015).

Immediate Provisions vs Commencement (26 January 1950)

Under Article 394, certain critical provisions came into force immediately on 26 November 1949:

⚡ Articles Enforced Immediately (26 Nov 1949):

  • Citizenship: Articles 5, 6, 7, 8, 9
  • Presidential Oath: Article 60
  • Elections & Election Commission: Article 324
  • Provisional Parliament & Definitions: Articles 366, 367, 379, 380, 388, 391, 392, and 393 (Short Title).

The remaining major bulk of the Constitution came into force on 26 January 1950 (the Date of Commencement / Republic Day):

  • Historical Reason for 26 January: Chosen specifically to commemorate Purna Swaraj Day (26 January 1930), which had been celebrated following the historic Lahore Session of the INC (December 1929) under Jawaharlal Nehru's presidency.
  • Repeal of Colonial Statutes (Article 395): With the commencement of the Constitution on 26 January 1950, the Indian Independence Act, 1947 and the Government of India Act, 1935 (along with all amending enactments) were repealed. However, the Abolition of Privy Council Jurisdiction Act, 1949 was continued.

Significant Facts and Artistry of the Original Constitution

AspectHistorical Fact & Artistry Detail
Assembly Symbol / SealElephant was adopted as the official emblem and seal of the Constituent Assembly.
Constitutional AdvisorSir B.N. Rau was appointed as the Legal/Constitutional Advisor to the Assembly.
Secretary to the AssemblyH.V.R. Iyengar was the Secretary to the Constituent Assembly.
Chief DraftsmanS.N. Mukherjee was the Chief Draftsman of the Constitution in the Constituent Assembly.
Calligrapher (English Text)Prem Behari Narain Raizada calligraphed the original English Constitution by hand in a flowing italic style using a 303 nib.
Illuminations & ArtworkIlluminated and decorated by artists from Shantiniketan under the leadership of Nand Lal Bose.
Preamble Page ArtworkThe original Preamble page was designed and illuminated by Beohar Rammanohar Sinha of Shantiniketan.
Hindi CalligrapherVasant Krishan Vaidya wrote the original Hindi version of the Constitution, illuminated by Nand Lal Bose.

Authoritative Hindi Text: Article 394A

The original Constitution did not contain an authoritative provision regarding the Hindi translation.

To resolve this, the 58th Constitutional Amendment Act, 1987 inserted Article 394A under Part XXII:

  • Presidential Authority: Empowered the President of India to publish the translation of the Constitution in Hindi, with modifications necessary to bring it into conformity with the language, style, and terminology adopted by the Constituent Assembly.
  • Equal Legal Validity: Provided that the Hindi translation published under Article 394A carries the same legal authority and interpretation as the original English text in all legal and judicial proceedings.

High-Yield Prelims Elimination Traps

  • ⚠️ Trap 1: Direct Election vs Indirect Election: The Constituent Assembly was NOT directly elected by the people of India on adult franchise. It was elected indirectly by members of the Provincial Legislative Assemblies via single transferable vote.
  • ⚠️ Trap 2: Demand Genesis - M.N. Roy vs Nehru: M.N. Roy first conceived the idea in 1934. The INC demanded it officially in 1935. Jawaharlal Nehru demanded an assembly elected on adult franchise in 1938.
  • ⚠️ Trap 3: Cabinet Mission Plan vs Cripps Mission: The Constituent Assembly was constituted under the Cabinet Mission Plan of 1946, NOT the Cripps Mission of 1942 (which had been rejected).
  • ⚠️ Trap 4: 26 November 1949 vs 26 January 1950: The Constitution was adopted, enacted, and given to ourselves on 26 November 1949 (Article 394 brought Citizenship, Elections, and Provisional Parliament into immediate force). The Constitution commenced fully on 26 January 1950.
  • ⚠️ Trap 5: Drafting Committee Membership Replacements: N. Madhava Rau replaced B.L. Mitter (due to illness). T.T. Krishnamachari replaced D.P. Khaitan (who passed away in 1948).

Frequently Asked Questions (FAQs)

Under which scheme was the Constituent Assembly of India constituted?

The Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan of 1946 (comprising Lord Pethick-Lawrence, Sir Stafford Cripps, and A.V. Alexander).

Why was the Constituent Assembly considered a partly elected and partly nominated body?

The Constituent Assembly was partly elected because members representing British Indian Provinces were elected indirectly by the Provincial Legislative Assemblies using single transferable vote, and partly nominated because representatives of the Indian Princely States were nominated directly by their respective rulers.

What was the significance of the Objectives Resolution moved by Jawaharlal Nehru?

Moved on 13 December 1946 and adopted unanimously on 22 January 1947, the Objectives Resolution laid down the core philosophical foundations, fundamental values, and structural objectives of the independent Indian Republic. Its modified form became the Preamble of the Constitution of India.

Which provisions of the Constitution came into force on 26 November 1949?

Under Article 394, provisions relating to Citizenship (Articles 5, 6, 7, 8, 9), Oath of the President (Article 60), Elections and Election Commission (Article 324), Provisional Parliament, and Short Title (Articles 366, 367, 379, 380, 388, 391, 392, 393) came into force immediately on 26 November 1949. The remaining provisions commenced on 26 January 1950.

Who calligraphed and decorated the original Constitution of India?

Prem Behari Narain Raizada calligraphed the original English manuscript by hand in flowing italic script. The pages were illuminated and decorated by artists of Shantiniketan under the guidance of Nand Lal Bose, with the Preamble page designed by Beohar Rammanohar Sinha. The Hindi version was calligraphed by Vasant Krishan Vaidya.

Official References and Primary Sources

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