Composition and Working of the Constituent Assembly

At a Glance

• What it is The body that framed the Constitution of India: how it was made up, and how it worked from 1946 to 1950
• Original strength 389 members (296 from British India and 93 from the princely states)
• After partition 299 members (229 from the provinces and 70 from the princely states)
• Nature Partly elected and partly nominated; the members were indirectly elected
• Sessions 11 sessions over two years, 11 months and 18 days
• Cost Rs 64 lakh
• Exam link UPSC Prelims, Polity: Making of the Constitution

Where Does It Fit?

The previous topic covered how the Constituent Assembly was demanded and formed. This topic covers what it was made of and what it did. Its committees are covered in the next topic.

How Was the Constituent Assembly Made Up?

The Constituent Assembly was constituted in November 1946 under the scheme of the Cabinet Mission Plan. The features of the scheme were:

1. The total strength was to be 389. Of these, 296 seats were for British India and 93 for the princely states. Of the 296, 292 members were to come from the eleven governors’ provinces and four from the four Chief Commissioners’ provinces, one from each.
2. Each province and princely state (or group of small states) got seats in proportion to its population. Roughly, one seat was given for every million of population.
3. The seats of each British province were divided among the three principal communities, Muslims, Sikhs and General (all except Muslims and Sikhs), in proportion to their population.
4. The representatives of each community were elected by the members of that community in the provincial legislative assembly, by proportional representation with a single transferable vote.
5. The representatives of the princely states were nominated by the heads of the states.

The Assembly was therefore a partly elected and partly nominated body. Its members were indirectly elected by the members of the provincial assemblies, who were themselves elected on a limited franchise.

Who Won the Elections?

The elections for the 296 seats of British India were held in July-August 1946. The 93 seats of the princely states were not filled, because the states decided to stay away.

Who Was Represented?

The Assembly was not directly elected by the people on adult franchise, but it had representatives of all sections of Indian society: Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Indian Christians, Scheduled Castes and Scheduled Tribes, including women of all these sections. It included all the important personalities of India at the time, except Mahatma Gandhi.

The Assembly had 15 women members: Ammu Swaminathan, Annie Mascarene, Begum Aizaz Rasul, Dakshayani Velayudan, G. Durgabai, Hansa Mehta, Kamla Chaudhri, Leela Ray, Malati Chowdhury, Purnima Banerji, Rajkumari Amrit Kaur, Renuka Ray, Sarojini Naidu, Sucheta Kripalani and Vijayalakshmi Pandit.

How Did It Work?

The Assembly held its first meeting on 9 December 1946. The Muslim League boycotted it, and only 207 members attended. In all, it had 11 sessions over two years, 11 months and 18 days.

• First session: 9 to 23 December 1946.
• Seventh session: 4 November 1948 to 8 January 1949, when the Draft Constitution was taken up.
• Eleventh session: 14 to 26 November 1949, when the Constitution was passed.
• Last meeting: 24 January 1950, when the members signed the Constitution.

The Constitution-makers went through the Constitutions of about 60 countries, and the Draft Constitution was considered for 114 days. The total expenditure on making the Constitution was Rs 64 lakh.

What Changes Did the Indian Independence Act Make?

The representatives of the princely states who had stayed away gradually joined the Assembly. After the Mountbatten Plan of 3 June 1947 was accepted, the representatives of most of the other princely states took their seats, and the members of the Muslim League from the Indian Dominion also entered the Assembly. The Indian Independence Act of 1947 made three changes:

1. A sovereign body: The Assembly became a fully sovereign body, which could frame any Constitution it pleased and could abrogate or alter any law made by the British Parliament in relation to India.
2. A legislative body too: The Assembly became the first Parliament of free India (Dominion Legislature). It had two functions, making the Constitution and enacting ordinary laws, performed on separate days. When it met as the Constituent body, Dr. Rajendra Prasad was in the chair. When it met as the legislative body, G.V. Mavalankar was in the chair. These two functions continued until 26 November 1949, when the task of making the Constitution was over.
3. A smaller strength: The Muslim League members from the areas that went to Pakistan withdrew. The total strength came down to 299, from 389. The provinces’ strength fell from 296 to 229, and the princely states’ from 93 to 70.

What Other Functions Did It Perform?

• It ratified India’s membership of the Commonwealth in May 1949.
• It adopted the national flag on 22 July 1947.
• It adopted the national anthem and the national song on 24 January 1950.
• It elected Dr. Rajendra Prasad as the first President of India on 24 January 1950.

On 24 January 1950, the Assembly held its final session. It did not end, however, and continued as the provisional parliament of India from 26 January 1950, until the new Parliament was formed after the first general elections of 1951-52. The first elected Parliament, with its two Houses, came into being in May 1952.

What Was the Criticism of the Constituent Assembly?

1. Not a representative body: Its members were not directly elected by the people on the basis of universal adult franchise.
2. Not a sovereign body: It was created by the proposals of the British Government and, the critics said, held its sessions with the permission of the British Government.
3. Time-consuming: The critics said it took an unduly long time. The framers of the American Constitution took less than four months. A member, Naziruddin Ahmed, called the Drafting Committee a “Drifting Committee”.
4. Dominated by the Congress: Granville Austin remarked that the Assembly was a one-party body in an essentially one-party country.
5. Dominated by lawyers and politicians: Other sections of society were not sufficiently represented, which, to the critics, is the main reason for the bulk and complicated language of the Constitution.
6. Dominated by Hindus: Lord Viscount Simon called it “a body of Hindus”, and Winston Churchill said it represented “only one major community in India”.

Why Is This Topic Important?

• The maker of the Constitution: The Assembly framed the Constitution over 11 sessions, considering the Constitutions of about 60 countries.
• A sovereign body from 1947: After the Independence Act, it could frame any Constitution and alter any British law, and it also served as the Dominion Legislature.
• A wide range of voices: It had representatives of all sections of society, including 15 women, though it was not directly elected.

Key People and Terms

• Single transferable vote The method of proportional representation used by each community’s members to elect their representatives
• Dominion Legislature The role of the Assembly as the first Parliament of free India, from 1947
• G.V. Mavalankar Chaired the Assembly when it met as the legislative body; elected its Speaker on 17 November 1947
• Provisional parliament The Assembly’s role from 26 January 1950 until the new Parliament after the elections of 1951-52
• Granville Austin The American constitutional expert who called the Assembly a one-party body

Exam Corner

Mains Angle

The Constituent Assembly is a favourite subject for Mains, because it can be defended and criticised. Use these points to add depth.

• Not directly elected, but wide in its voices: The members were indirectly elected by provincial assemblies chosen on a limited franchise, yet the Assembly had representatives of all sections of society, including women, Scheduled Castes and Scheduled Tribes.
• Sovereignty arrived with the Independence Act: Created under the Cabinet Mission Plan, the Assembly became fully sovereign only through the Indian Independence Act of 1947.
• Two roles: It framed the Constitution and also served as the Dominion Legislature, on separate days, with Prasad and Mavalankar in the chair.
• The criticisms: It was said to be not representative, not sovereign, time-consuming, dominated by the Congress, by lawyers and politicians, and by Hindus.
• The cost of consensus: It took two years, 11 months and 18 days and Rs 64 lakh, and considered the Constitutions of about 60 countries.