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Making of the Constitution
Who wrote the Constitution, how they were chosen, how long it took, and the key dates the exam asks about.
India's Constitution was written by a Constituent Assembly set up under the Cabinet Mission Plan of 1946. Its members were not elected directly by the people. Members from the provinces were elected indirectly by the provincial legislative assemblies, and the princely states sent nominated representatives. There was no universal adult franchise for this election.
The planned strength of the Assembly was 389 members: 296 from British India and 93 from the princely states. After Partition, members from areas that went to Pakistan left, and the strength came down to 299.
The Assembly first met on 9 December 1946, with Sachchidananda Sinha as temporary President. On 11 December 1946, Dr Rajendra Prasad was elected its permanent President. On 13 December 1946, Jawaharlal Nehru moved the Objectives Resolution, which the Assembly adopted on 22 January 1947 and which later became the basis of the Preamble.
The Assembly worked through several committees. The most important was the Drafting Committee, set up on 29 August 1947 with Dr B. R. Ambedkar as its chairman and seven members in all. It prepared the draft Constitution that the Assembly then debated clause by clause. B. N. Rau served as the Assembly's constitutional adviser.
Making the Constitution took about 2 years, 11 months and 18 days. The Assembly adopted it on 26 November 1949. On that day, provisions on citizenship, elections, the provisional Parliament and some transitional matters came into force at once. The rest came into force on 26 January 1950, chosen because the Indian National Congress had declared 26 January 1930 as Purna Swaraj Day.
The original Constitution had 395 Articles in 22 Parts, with 8 Schedules. On 24 January 1950, the Assembly met for the last time: members signed the Constitution, adopted the national anthem and the national song, and elected Dr Rajendra Prasad as the first President of India.
After independence, the Constituent Assembly had two roles. When drafting the Constitution, it met with Dr Rajendra Prasad presiding. When acting as the country's first Parliament (the Dominion legislature) and passing ordinary laws, it met with G. V. Mavalankar presiding. It continued as the provisional Parliament until the first general elections of 1951–52.
Exam traps
- The Constituent Assembly was not elected by universal adult franchise; provincial members were elected indirectly by provincial assemblies.
- First meeting: 9 December 1946 (Sachchidananda Sinha, temporary President). Permanent President: Dr Rajendra Prasad, elected 11 December 1946.
- Drafting Committee: set up 29 August 1947, chaired by Dr B. R. Ambedkar, seven members. B. N. Rau was constitutional adviser, not a Drafting Committee member.
- Adopted 26 November 1949; most of it came into force 26 January 1950. Some provisions (citizenship, elections, provisional Parliament) applied from 26 November 1949.
- Strength: 389 planned, 299 after Partition.
Recap
- Set up under the Cabinet Mission Plan, 1946; members indirectly elected or nominated.
- 389 planned members; 299 after Partition.
- First met 9 Dec 1946; Rajendra Prasad permanent President from 11 Dec 1946.
- Objectives Resolution: moved 13 Dec 1946, adopted 22 Jan 1947.
- Drafting Committee: 29 Aug 1947, Ambedkar chairman, seven members.
- Adopted 26 Nov 1949; in force 26 Jan 1950; original text 395 Articles, 22 Parts, 8 Schedules.
Practice questions
Q1. Consider the following statements about the Constituent Assembly of India:
1. Its members were elected directly by the people on the basis of universal adult franchise.
2. It was set up under the Cabinet Mission Plan of 1946.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: B. 2 only
The Assembly was set up under the Cabinet Mission Plan. Its provincial members were elected indirectly by provincial legislative assemblies, not by universal adult franchise.
Q2. Who was the chairman of the Drafting Committee of the Constituent Assembly?
- Dr Rajendra Prasad
- Dr B. R. Ambedkar
- B. N. Rau
- Jawaharlal Nehru
Show answer
Answer: B. Dr B. R. Ambedkar
Dr B. R. Ambedkar chaired the Drafting Committee. Rajendra Prasad was President of the Assembly, and B. N. Rau was its constitutional adviser.
Q3. 26 January 1950 was chosen as the date for the Constitution to come into force mainly because:
- The Constituent Assembly first met on that date in 1946
- The Congress had declared 26 January 1930 as Purna Swaraj Day
- India became independent on that date
- The Drafting Committee was set up on that date
Show answer
Answer: B. The Congress had declared 26 January 1930 as Purna Swaraj Day
The date honoured Purna Swaraj Day, 26 January 1930. The Assembly first met on 9 December 1946, and the Drafting Committee was set up on 29 August 1947.
Q4. Who presided over the Constituent Assembly when it met as the Dominion legislature to pass ordinary laws?
- Dr Rajendra Prasad
- Sachchidananda Sinha
- G. V. Mavalankar
- Dr B. R. Ambedkar
Show answer
Answer: C. G. V. Mavalankar
G. V. Mavalankar presided when the Assembly acted as the legislature. Dr Rajendra Prasad presided when it met to make the Constitution.
Q5. The original Constitution of India, as adopted, contained:
- 395 Articles, 22 Parts and 8 Schedules
- 395 Articles, 22 Parts and 12 Schedules
- 448 Articles, 25 Parts and 12 Schedules
- 395 Articles, 25 Parts and 8 Schedules
Show answer
Answer: A. 395 Articles, 22 Parts and 8 Schedules
The original text had 395 Articles in 22 Parts and 8 Schedules. Later amendments added Articles, Parts and Schedules; today there are 12 Schedules.
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- Constituent Assembly Debates, Vol. I–XII (9 December 1946 – 24 January 1950) — https://eparlib.nic.in
- Constitution of India, Article 394 (commencement) and Article 393 (short title) — https://legislative.gov.in/constitution-of-india/
- Statement by the Cabinet Delegation and the Viceroy, 16 May 1946 (Cabinet Mission Plan), as tabled in the Constituent Assembly — https://eparlib.nic.in