Making of Indian constitution | Polity for UPSC 2024 (Pre & Mains) PDF Download

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POLITY FOR PRE-PLUS-MAINS 
Making of the Indian Constitution 
(Polity 1.2) 
Constitutions 
• Modern democracies are based on the theory of constitutional government. The Indian 
Constitution established a republican democracy. Its authority is derived from the 
people and it is the supreme law of the land. 
• There are broadly two kinds of Constitution in the democratic world: 
a) The Constitutions that have grown gradually over decades and centuries through 
customs, conventions, legislative enactments and judicial decisions -. as in the United 
Kingdom and the British Dominions like Canada, Australia and New Zealand. 
b) The Constitutions that were framed by representative assemblies usually after 
revolutions-to make a fresh start of a new regime. These representative assemblies have 
been variously named as National Assemblies, Constitutional, Conventions and Constituent 
Assemblies. 
• Constitution is a legal document having a special legal sanctity, which sets out the 
framework and the principal functions of the organs of the government of a state, and 
declares the principles governing the operation of those organs. 
 
Purpose of Constitution 
• The first function of a constitution is to provide a set of basic rules that allow for minimal 
coordination amongst members of a society. 
• A constitution is a body of fundamental principles according to which a state is 
constituted or governed.  It specifies who has the power to make decisions in a 
society. It decides how the government will be constituted. 
• The third function of a constitution is to set some limits on what a government can 
impose on its citizens. These limits are fundamental in the sense that government 
may never trespass them. 
• The fourth function of a constitution is to enable the government to fulfil the 
aspirations of a society and create conditions for a just society.  
• Lastly, it reflects the philosophy and ideology of a nation, thereby imparting a moral 
and political identity to its people.  
  
Page 2


                                                                                                                                         
      
 
 
 
 
1 
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POLITY FOR PRE-PLUS-MAINS 
Making of the Indian Constitution 
(Polity 1.2) 
Constitutions 
• Modern democracies are based on the theory of constitutional government. The Indian 
Constitution established a republican democracy. Its authority is derived from the 
people and it is the supreme law of the land. 
• There are broadly two kinds of Constitution in the democratic world: 
a) The Constitutions that have grown gradually over decades and centuries through 
customs, conventions, legislative enactments and judicial decisions -. as in the United 
Kingdom and the British Dominions like Canada, Australia and New Zealand. 
b) The Constitutions that were framed by representative assemblies usually after 
revolutions-to make a fresh start of a new regime. These representative assemblies have 
been variously named as National Assemblies, Constitutional, Conventions and Constituent 
Assemblies. 
• Constitution is a legal document having a special legal sanctity, which sets out the 
framework and the principal functions of the organs of the government of a state, and 
declares the principles governing the operation of those organs. 
 
Purpose of Constitution 
• The first function of a constitution is to provide a set of basic rules that allow for minimal 
coordination amongst members of a society. 
• A constitution is a body of fundamental principles according to which a state is 
constituted or governed.  It specifies who has the power to make decisions in a 
society. It decides how the government will be constituted. 
• The third function of a constitution is to set some limits on what a government can 
impose on its citizens. These limits are fundamental in the sense that government 
may never trespass them. 
• The fourth function of a constitution is to enable the government to fulfil the 
aspirations of a society and create conditions for a just society.  
• Lastly, it reflects the philosophy and ideology of a nation, thereby imparting a moral 
and political identity to its people.  
  
                                                                                                                                         
      
 
 
 
 
2 
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www.SleepyClasses.com 
 
Constitution and Constitutionalism: 
• Having a Constitution itself is not Constitutionalism. Even a dictator could create a 
rulebook calling it Constitution, which never meant that such a dictator had any faith in 
Constitutionalism.  
• Recognizing the need for governance, the Constitutionalism equally emphasizes the 
necessity of restricting those powers.  
• Constitution of Indian Republic is not the product of a political revolution but of the 
research and deliberations of a body of eminent representatives of the people who 
sought to improve the existing system of administration.  
• Constitutionalism is specific limitations on general governmental powers to prevent 
exercise of arbitrary decision-making. In one word ‘Limited Governance’ is the 
Constitutionalism, which is supposed to reflect in the Constitutional Law of a democratic 
state.  
• The democratic constitutionalism is three pronged in Indian Constitution, one- 
guaranteeing freedoms, two- restricting governing institutions, three- empowering the 
independent arbiter of judiciary with power to review the executive and legislative orders 
affecting the interests of people in general or afflicting basic norms of rule of law.  
 
Constituent Assembly 
• In 1934 the idea of a Constituent Assembly for India was put forward for the first time by 
M. N. Roy. In 1935, the Indian National Congress (INC), for the first time, officially 
demanded a Constituent Assembly to frame the Constitution of India.  
• In 1938, Jawaharlal Nehru, on behalf the INC explicitly demanded a Constituent 
Assembly formulated on the basis of adult franchise. The demand was finally accepted 
in principle by the British Government in what is known as the ‘August Offer’ of 1940.  
• In 1942, Sir Stafford Cripps, a member of the cabinet, came to India with a draft 
proposal of the British Government on the framing of an independent Constitution to be 
adopted after the World War II which was rejected by the Muslim League.  
• It was finally under the Cabinet Mission Plan, 1946 that the Constituent Assembly was 
constituted through indirect elections and separate electorate.  
• The Constituent Assembly was expected to work within the framework of the Cabinet 
Mission scheme alone. However, these limitations were removed by the Indian 
Independence Act, 1947 under which it was made free to frame any constitution it 
pleased.  
Page 3


                                                                                                                                         
      
 
 
 
 
1 
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www.SleepyClasses.com 
 
POLITY FOR PRE-PLUS-MAINS 
Making of the Indian Constitution 
(Polity 1.2) 
Constitutions 
• Modern democracies are based on the theory of constitutional government. The Indian 
Constitution established a republican democracy. Its authority is derived from the 
people and it is the supreme law of the land. 
• There are broadly two kinds of Constitution in the democratic world: 
a) The Constitutions that have grown gradually over decades and centuries through 
customs, conventions, legislative enactments and judicial decisions -. as in the United 
Kingdom and the British Dominions like Canada, Australia and New Zealand. 
b) The Constitutions that were framed by representative assemblies usually after 
revolutions-to make a fresh start of a new regime. These representative assemblies have 
been variously named as National Assemblies, Constitutional, Conventions and Constituent 
Assemblies. 
• Constitution is a legal document having a special legal sanctity, which sets out the 
framework and the principal functions of the organs of the government of a state, and 
declares the principles governing the operation of those organs. 
 
Purpose of Constitution 
• The first function of a constitution is to provide a set of basic rules that allow for minimal 
coordination amongst members of a society. 
• A constitution is a body of fundamental principles according to which a state is 
constituted or governed.  It specifies who has the power to make decisions in a 
society. It decides how the government will be constituted. 
• The third function of a constitution is to set some limits on what a government can 
impose on its citizens. These limits are fundamental in the sense that government 
may never trespass them. 
• The fourth function of a constitution is to enable the government to fulfil the 
aspirations of a society and create conditions for a just society.  
• Lastly, it reflects the philosophy and ideology of a nation, thereby imparting a moral 
and political identity to its people.  
  
                                                                                                                                         
      
 
 
 
 
2 
www.YouTube.com/SleepyClases 
www.SleepyClasses.com 
 
Constitution and Constitutionalism: 
• Having a Constitution itself is not Constitutionalism. Even a dictator could create a 
rulebook calling it Constitution, which never meant that such a dictator had any faith in 
Constitutionalism.  
• Recognizing the need for governance, the Constitutionalism equally emphasizes the 
necessity of restricting those powers.  
• Constitution of Indian Republic is not the product of a political revolution but of the 
research and deliberations of a body of eminent representatives of the people who 
sought to improve the existing system of administration.  
• Constitutionalism is specific limitations on general governmental powers to prevent 
exercise of arbitrary decision-making. In one word ‘Limited Governance’ is the 
Constitutionalism, which is supposed to reflect in the Constitutional Law of a democratic 
state.  
• The democratic constitutionalism is three pronged in Indian Constitution, one- 
guaranteeing freedoms, two- restricting governing institutions, three- empowering the 
independent arbiter of judiciary with power to review the executive and legislative orders 
affecting the interests of people in general or afflicting basic norms of rule of law.  
 
Constituent Assembly 
• In 1934 the idea of a Constituent Assembly for India was put forward for the first time by 
M. N. Roy. In 1935, the Indian National Congress (INC), for the first time, officially 
demanded a Constituent Assembly to frame the Constitution of India.  
• In 1938, Jawaharlal Nehru, on behalf the INC explicitly demanded a Constituent 
Assembly formulated on the basis of adult franchise. The demand was finally accepted 
in principle by the British Government in what is known as the ‘August Offer’ of 1940.  
• In 1942, Sir Stafford Cripps, a member of the cabinet, came to India with a draft 
proposal of the British Government on the framing of an independent Constitution to be 
adopted after the World War II which was rejected by the Muslim League.  
• It was finally under the Cabinet Mission Plan, 1946 that the Constituent Assembly was 
constituted through indirect elections and separate electorate.  
• The Constituent Assembly was expected to work within the framework of the Cabinet 
Mission scheme alone. However, these limitations were removed by the Indian 
Independence Act, 1947 under which it was made free to frame any constitution it 
pleased.  
                                                                                                                                         
      
 
 
 
 
3 
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• The Constitution of India was drawn up by a Constituent Assembly initially summoned 
on 9th December, 1946, under the Presidentship of Sachidananda Sinha, for undivided 
India in the Constitution Hall. Till 1949, it also functioned as the legislative body under 
G.V. Mavalankar. 
• Its members were chosen by indirect election by the members of the Provincial 
Legislative Assemblies that had been established under the Government of India Act, 
1935. According to this Cabinet Mission plan: 
– Each Province and each Princely State or group of States were allotted seats 
proportional to their respective population roughly in the ratio of 1:10,00,000. As 
a result the Provinces (that were under direct British rule) were to elect 292 
members while the Princely States were allotted a minimum of 93 seats. 
– The seats in each Province were distributed among the three main communities, 
Muslims, Sikhs and general, in proportion to their respective populations. 
– Members of each community in the Provincial Legislative Assembly elected their 
own representatives by the method of proportional representation with single 
transferable vote. The method of selection in the case of representatives of 
Princely States was to be determined by consultation. 
• On 1st July, 1947, the British Parliament passed the ‘Indian Independence Act’, to 
divide into India and Pakistan. As a consequence of the Partition under the plan of 3 
June 1947 those members who were elected from territories which fell under Pakistan 
ceased to be members of the Constituent Assembly. The number of members in the 
Assembly was reduced to 299.  
• On 14th August, 1947, the Constituent Assembly met again as the Sovereign 
Constituent Assembly and elected Dr. Rajendra Prasad as its President. B N Rau was 
appointed Constitutional Advisor by the-then Viceroy Lord Wavell to head the 
Constituent Assembly Secretariat sometime in late July 1946. Rau prepared number of 
pamphlets on various aspects of impending constitution and also collected text of some 
important constitutions of the world. 
• Sir B. N. Rau prepared a Draft Constitution in October 1947. It contained 243 Articles 
and 13 Schedules. A Drafting Committee was elected by the Constituent Assembly on 
29th August, 1947. It elected Dr. B. R. Ambedkar to be its President. The Constitution 
as prepared by the Drafting Committee was circulated on 21st February, 1948. This 
formed the basis of discussion in and outside the Constituent Assembly. 
• On December 13, 1946, Jawaharlal Nehru moved the historic ‘Objectives Resolution’ in 
the Assembly. It laid down the fundamentals and philosophy of the constitutional 
structure. 
The Constituent Assembly also performed the following functions: 
1. It ratified the India’s membership of the Commonwealth in May 1949. 
Page 4


                                                                                                                                         
      
 
 
 
 
1 
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www.SleepyClasses.com 
 
POLITY FOR PRE-PLUS-MAINS 
Making of the Indian Constitution 
(Polity 1.2) 
Constitutions 
• Modern democracies are based on the theory of constitutional government. The Indian 
Constitution established a republican democracy. Its authority is derived from the 
people and it is the supreme law of the land. 
• There are broadly two kinds of Constitution in the democratic world: 
a) The Constitutions that have grown gradually over decades and centuries through 
customs, conventions, legislative enactments and judicial decisions -. as in the United 
Kingdom and the British Dominions like Canada, Australia and New Zealand. 
b) The Constitutions that were framed by representative assemblies usually after 
revolutions-to make a fresh start of a new regime. These representative assemblies have 
been variously named as National Assemblies, Constitutional, Conventions and Constituent 
Assemblies. 
• Constitution is a legal document having a special legal sanctity, which sets out the 
framework and the principal functions of the organs of the government of a state, and 
declares the principles governing the operation of those organs. 
 
Purpose of Constitution 
• The first function of a constitution is to provide a set of basic rules that allow for minimal 
coordination amongst members of a society. 
• A constitution is a body of fundamental principles according to which a state is 
constituted or governed.  It specifies who has the power to make decisions in a 
society. It decides how the government will be constituted. 
• The third function of a constitution is to set some limits on what a government can 
impose on its citizens. These limits are fundamental in the sense that government 
may never trespass them. 
• The fourth function of a constitution is to enable the government to fulfil the 
aspirations of a society and create conditions for a just society.  
• Lastly, it reflects the philosophy and ideology of a nation, thereby imparting a moral 
and political identity to its people.  
  
                                                                                                                                         
      
 
 
 
 
2 
www.YouTube.com/SleepyClases 
www.SleepyClasses.com 
 
Constitution and Constitutionalism: 
• Having a Constitution itself is not Constitutionalism. Even a dictator could create a 
rulebook calling it Constitution, which never meant that such a dictator had any faith in 
Constitutionalism.  
• Recognizing the need for governance, the Constitutionalism equally emphasizes the 
necessity of restricting those powers.  
• Constitution of Indian Republic is not the product of a political revolution but of the 
research and deliberations of a body of eminent representatives of the people who 
sought to improve the existing system of administration.  
• Constitutionalism is specific limitations on general governmental powers to prevent 
exercise of arbitrary decision-making. In one word ‘Limited Governance’ is the 
Constitutionalism, which is supposed to reflect in the Constitutional Law of a democratic 
state.  
• The democratic constitutionalism is three pronged in Indian Constitution, one- 
guaranteeing freedoms, two- restricting governing institutions, three- empowering the 
independent arbiter of judiciary with power to review the executive and legislative orders 
affecting the interests of people in general or afflicting basic norms of rule of law.  
 
Constituent Assembly 
• In 1934 the idea of a Constituent Assembly for India was put forward for the first time by 
M. N. Roy. In 1935, the Indian National Congress (INC), for the first time, officially 
demanded a Constituent Assembly to frame the Constitution of India.  
• In 1938, Jawaharlal Nehru, on behalf the INC explicitly demanded a Constituent 
Assembly formulated on the basis of adult franchise. The demand was finally accepted 
in principle by the British Government in what is known as the ‘August Offer’ of 1940.  
• In 1942, Sir Stafford Cripps, a member of the cabinet, came to India with a draft 
proposal of the British Government on the framing of an independent Constitution to be 
adopted after the World War II which was rejected by the Muslim League.  
• It was finally under the Cabinet Mission Plan, 1946 that the Constituent Assembly was 
constituted through indirect elections and separate electorate.  
• The Constituent Assembly was expected to work within the framework of the Cabinet 
Mission scheme alone. However, these limitations were removed by the Indian 
Independence Act, 1947 under which it was made free to frame any constitution it 
pleased.  
                                                                                                                                         
      
 
 
 
 
3 
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www.SleepyClasses.com 
• The Constitution of India was drawn up by a Constituent Assembly initially summoned 
on 9th December, 1946, under the Presidentship of Sachidananda Sinha, for undivided 
India in the Constitution Hall. Till 1949, it also functioned as the legislative body under 
G.V. Mavalankar. 
• Its members were chosen by indirect election by the members of the Provincial 
Legislative Assemblies that had been established under the Government of India Act, 
1935. According to this Cabinet Mission plan: 
– Each Province and each Princely State or group of States were allotted seats 
proportional to their respective population roughly in the ratio of 1:10,00,000. As 
a result the Provinces (that were under direct British rule) were to elect 292 
members while the Princely States were allotted a minimum of 93 seats. 
– The seats in each Province were distributed among the three main communities, 
Muslims, Sikhs and general, in proportion to their respective populations. 
– Members of each community in the Provincial Legislative Assembly elected their 
own representatives by the method of proportional representation with single 
transferable vote. The method of selection in the case of representatives of 
Princely States was to be determined by consultation. 
• On 1st July, 1947, the British Parliament passed the ‘Indian Independence Act’, to 
divide into India and Pakistan. As a consequence of the Partition under the plan of 3 
June 1947 those members who were elected from territories which fell under Pakistan 
ceased to be members of the Constituent Assembly. The number of members in the 
Assembly was reduced to 299.  
• On 14th August, 1947, the Constituent Assembly met again as the Sovereign 
Constituent Assembly and elected Dr. Rajendra Prasad as its President. B N Rau was 
appointed Constitutional Advisor by the-then Viceroy Lord Wavell to head the 
Constituent Assembly Secretariat sometime in late July 1946. Rau prepared number of 
pamphlets on various aspects of impending constitution and also collected text of some 
important constitutions of the world. 
• Sir B. N. Rau prepared a Draft Constitution in October 1947. It contained 243 Articles 
and 13 Schedules. A Drafting Committee was elected by the Constituent Assembly on 
29th August, 1947. It elected Dr. B. R. Ambedkar to be its President. The Constitution 
as prepared by the Drafting Committee was circulated on 21st February, 1948. This 
formed the basis of discussion in and outside the Constituent Assembly. 
• On December 13, 1946, Jawaharlal Nehru moved the historic ‘Objectives Resolution’ in 
the Assembly. It laid down the fundamentals and philosophy of the constitutional 
structure. 
The Constituent Assembly also performed the following functions: 
1. It ratified the India’s membership of the Commonwealth in May 1949. 
                                                                                                                                         
      
 
 
 
 
4 
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2. It adopted the national flag on July 22, 1947. 
3. It adopted the national anthem on January 24, 1950. 
4. It adopted the national song on January 24, 1950 
• Major Committees 
1. Union Powers Committee – Jawaharlal Nehru 
2. Union Constitution Committee – Jawaharlal Nehru 
3. Provincial Constitution Committee – Sardar Patel 
4. Drafting Committee – Dr. B.R. Ambedkar (Chairman) consisting of Sir Alladi 
Krishnaswamy Iyer, K.M. Munshi, T.T.Krishnamachari, and Gopalaswami Ayyangar.  
5. Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas –
Sardar Patel. This committee had the following sub-committes: 
(a) Fundamental Rights Sub-Committee – J.B. Kripalani 
(b) Minorities Sub-Committee – H.C. Mukherjee 
(c) North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-
Committee – Gopinath Bardoloi 
(d) Excluded and Partially Excluded Areas (Other than those in Assam) Sub-Committee – 
A.V. Thakkar 
6. Rules of Procedure Committee – Dr. Rajendra Prasad 
7. States Committee (Committee for Negotiating with States) – Jawaharlal Nehru 
8. Steering Committee – Dr. Rajendra Prasad 
• The draft Constitution was published in January 1948 and the people of India were 
given 8 months to discuss it and suggest changes. On November 4, 1948, the general 
discussions on the draft commenced in the Constituent Assembly and continued for five 
days.  
• The Constitution of India was adopted and signed by the Chairman Dr Rajendra Prasad 
on November 26, 1949. Out of a total 299 members of the Assembly, only 284 were 
actually present on that day and signed the Constitution. 
• Initially some important Articles pertaining to citizenship, elections, provisional 
parliament, temporary and transitional provisions, and short title in Articles 5, 6, 7, 8, 9, 
60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 came into existence, but the entire 
Constitution came into force from January 26, 1950.  
  
Page 5


                                                                                                                                         
      
 
 
 
 
1 
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www.SleepyClasses.com 
 
POLITY FOR PRE-PLUS-MAINS 
Making of the Indian Constitution 
(Polity 1.2) 
Constitutions 
• Modern democracies are based on the theory of constitutional government. The Indian 
Constitution established a republican democracy. Its authority is derived from the 
people and it is the supreme law of the land. 
• There are broadly two kinds of Constitution in the democratic world: 
a) The Constitutions that have grown gradually over decades and centuries through 
customs, conventions, legislative enactments and judicial decisions -. as in the United 
Kingdom and the British Dominions like Canada, Australia and New Zealand. 
b) The Constitutions that were framed by representative assemblies usually after 
revolutions-to make a fresh start of a new regime. These representative assemblies have 
been variously named as National Assemblies, Constitutional, Conventions and Constituent 
Assemblies. 
• Constitution is a legal document having a special legal sanctity, which sets out the 
framework and the principal functions of the organs of the government of a state, and 
declares the principles governing the operation of those organs. 
 
Purpose of Constitution 
• The first function of a constitution is to provide a set of basic rules that allow for minimal 
coordination amongst members of a society. 
• A constitution is a body of fundamental principles according to which a state is 
constituted or governed.  It specifies who has the power to make decisions in a 
society. It decides how the government will be constituted. 
• The third function of a constitution is to set some limits on what a government can 
impose on its citizens. These limits are fundamental in the sense that government 
may never trespass them. 
• The fourth function of a constitution is to enable the government to fulfil the 
aspirations of a society and create conditions for a just society.  
• Lastly, it reflects the philosophy and ideology of a nation, thereby imparting a moral 
and political identity to its people.  
  
                                                                                                                                         
      
 
 
 
 
2 
www.YouTube.com/SleepyClases 
www.SleepyClasses.com 
 
Constitution and Constitutionalism: 
• Having a Constitution itself is not Constitutionalism. Even a dictator could create a 
rulebook calling it Constitution, which never meant that such a dictator had any faith in 
Constitutionalism.  
• Recognizing the need for governance, the Constitutionalism equally emphasizes the 
necessity of restricting those powers.  
• Constitution of Indian Republic is not the product of a political revolution but of the 
research and deliberations of a body of eminent representatives of the people who 
sought to improve the existing system of administration.  
• Constitutionalism is specific limitations on general governmental powers to prevent 
exercise of arbitrary decision-making. In one word ‘Limited Governance’ is the 
Constitutionalism, which is supposed to reflect in the Constitutional Law of a democratic 
state.  
• The democratic constitutionalism is three pronged in Indian Constitution, one- 
guaranteeing freedoms, two- restricting governing institutions, three- empowering the 
independent arbiter of judiciary with power to review the executive and legislative orders 
affecting the interests of people in general or afflicting basic norms of rule of law.  
 
Constituent Assembly 
• In 1934 the idea of a Constituent Assembly for India was put forward for the first time by 
M. N. Roy. In 1935, the Indian National Congress (INC), for the first time, officially 
demanded a Constituent Assembly to frame the Constitution of India.  
• In 1938, Jawaharlal Nehru, on behalf the INC explicitly demanded a Constituent 
Assembly formulated on the basis of adult franchise. The demand was finally accepted 
in principle by the British Government in what is known as the ‘August Offer’ of 1940.  
• In 1942, Sir Stafford Cripps, a member of the cabinet, came to India with a draft 
proposal of the British Government on the framing of an independent Constitution to be 
adopted after the World War II which was rejected by the Muslim League.  
• It was finally under the Cabinet Mission Plan, 1946 that the Constituent Assembly was 
constituted through indirect elections and separate electorate.  
• The Constituent Assembly was expected to work within the framework of the Cabinet 
Mission scheme alone. However, these limitations were removed by the Indian 
Independence Act, 1947 under which it was made free to frame any constitution it 
pleased.  
                                                                                                                                         
      
 
 
 
 
3 
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www.SleepyClasses.com 
• The Constitution of India was drawn up by a Constituent Assembly initially summoned 
on 9th December, 1946, under the Presidentship of Sachidananda Sinha, for undivided 
India in the Constitution Hall. Till 1949, it also functioned as the legislative body under 
G.V. Mavalankar. 
• Its members were chosen by indirect election by the members of the Provincial 
Legislative Assemblies that had been established under the Government of India Act, 
1935. According to this Cabinet Mission plan: 
– Each Province and each Princely State or group of States were allotted seats 
proportional to their respective population roughly in the ratio of 1:10,00,000. As 
a result the Provinces (that were under direct British rule) were to elect 292 
members while the Princely States were allotted a minimum of 93 seats. 
– The seats in each Province were distributed among the three main communities, 
Muslims, Sikhs and general, in proportion to their respective populations. 
– Members of each community in the Provincial Legislative Assembly elected their 
own representatives by the method of proportional representation with single 
transferable vote. The method of selection in the case of representatives of 
Princely States was to be determined by consultation. 
• On 1st July, 1947, the British Parliament passed the ‘Indian Independence Act’, to 
divide into India and Pakistan. As a consequence of the Partition under the plan of 3 
June 1947 those members who were elected from territories which fell under Pakistan 
ceased to be members of the Constituent Assembly. The number of members in the 
Assembly was reduced to 299.  
• On 14th August, 1947, the Constituent Assembly met again as the Sovereign 
Constituent Assembly and elected Dr. Rajendra Prasad as its President. B N Rau was 
appointed Constitutional Advisor by the-then Viceroy Lord Wavell to head the 
Constituent Assembly Secretariat sometime in late July 1946. Rau prepared number of 
pamphlets on various aspects of impending constitution and also collected text of some 
important constitutions of the world. 
• Sir B. N. Rau prepared a Draft Constitution in October 1947. It contained 243 Articles 
and 13 Schedules. A Drafting Committee was elected by the Constituent Assembly on 
29th August, 1947. It elected Dr. B. R. Ambedkar to be its President. The Constitution 
as prepared by the Drafting Committee was circulated on 21st February, 1948. This 
formed the basis of discussion in and outside the Constituent Assembly. 
• On December 13, 1946, Jawaharlal Nehru moved the historic ‘Objectives Resolution’ in 
the Assembly. It laid down the fundamentals and philosophy of the constitutional 
structure. 
The Constituent Assembly also performed the following functions: 
1. It ratified the India’s membership of the Commonwealth in May 1949. 
                                                                                                                                         
      
 
 
 
 
4 
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www.SleepyClasses.com 
2. It adopted the national flag on July 22, 1947. 
3. It adopted the national anthem on January 24, 1950. 
4. It adopted the national song on January 24, 1950 
• Major Committees 
1. Union Powers Committee – Jawaharlal Nehru 
2. Union Constitution Committee – Jawaharlal Nehru 
3. Provincial Constitution Committee – Sardar Patel 
4. Drafting Committee – Dr. B.R. Ambedkar (Chairman) consisting of Sir Alladi 
Krishnaswamy Iyer, K.M. Munshi, T.T.Krishnamachari, and Gopalaswami Ayyangar.  
5. Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas –
Sardar Patel. This committee had the following sub-committes: 
(a) Fundamental Rights Sub-Committee – J.B. Kripalani 
(b) Minorities Sub-Committee – H.C. Mukherjee 
(c) North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-
Committee – Gopinath Bardoloi 
(d) Excluded and Partially Excluded Areas (Other than those in Assam) Sub-Committee – 
A.V. Thakkar 
6. Rules of Procedure Committee – Dr. Rajendra Prasad 
7. States Committee (Committee for Negotiating with States) – Jawaharlal Nehru 
8. Steering Committee – Dr. Rajendra Prasad 
• The draft Constitution was published in January 1948 and the people of India were 
given 8 months to discuss it and suggest changes. On November 4, 1948, the general 
discussions on the draft commenced in the Constituent Assembly and continued for five 
days.  
• The Constitution of India was adopted and signed by the Chairman Dr Rajendra Prasad 
on November 26, 1949. Out of a total 299 members of the Assembly, only 284 were 
actually present on that day and signed the Constitution. 
• Initially some important Articles pertaining to citizenship, elections, provisional 
parliament, temporary and transitional provisions, and short title in Articles 5, 6, 7, 8, 9, 
60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 came into existence, but the entire 
Constitution came into force from January 26, 1950.  
  
                                                                                                                                         
      
 
 
 
 
5 
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Criticism of the Constituent Assembly: 
• Not a Representative Body: The critics have argued that the Constituent Assembly was 
not a representative body as its members were not directly elected by the people of 
India on the basis of universal adult franchise. 
•  Not a Sovereign Body: The critics maintained that the Constituent Assembly was not a 
sovereign body as it was created by the proposals of the British Government 
• Time Consuming: According to the critics, the Constituent Assembly took unduly long 
time to make the Constitution. They stated that the framers of the American Constitution 
took only four months to complete their work. 
• Dominated by Congress: The critics charged that the Constituent Assembly was 
dominated by the Congress party. Granville Austin, a British Constitutional expert, 
remarked: ‘The Constituent Assembly was a one-party body in an essentially one-party 
country. 
• Lawyer –Politician Domination: It is also maintained by the critics that the Constituent 
Assembly was dominated by lawyers and politicians. They pointed out that other 
sections of the society were not sufficiently represented. This, to them, is the main 
reason for the bulkiness and complicated language of the Constitution. 
• Dominated by Hindus: According to some critics, the Constituent Assembly was a Hindu 
dominated body. Lord Viscount Simon called it ‘a body of Hindus’. Similarly, Winston 
Churchill commented that the Constituent Assembly represented ‘only one major 
community in India.’