After understanding the historical background of the Indian Constitution, the next important question is:
Who actually made the Constitution of India?
The answer is the Constituent Assembly of India.
The Constituent Assembly was the body that debated, discussed, modified and finally adopted the Constitution of India. Its first meeting was held on 9 December 1946 in New Delhi.
For UPSC, the Constituent Assembly is extremely important because questions can come from:
- Its formation
- Composition
- Election method
- Important members
- Committees
- Objectives Resolution
- Drafting Committee
- Role of B. R. Ambedkar
- Constitutional Adviser B. N. Rau
- Adoption of the Constitution
- Criticism of the Constituent Assembly
1. What Was the Constituent Assembly?
A Constituent Assembly is a body of representatives specifically created to draft and adopt a Constitution.
In simple words:
Constituent Assembly = A group of representatives who come together to make the basic rules of a country.
A normal legislature makes ordinary laws.
A Constituent Assembly makes the Constitution, which provides the fundamental framework for the government and defines important rights, institutions and powers.
The idea of creating such an assembly for India developed during the freedom movement. The demand for a Constituent Assembly had been expressed before independence and was eventually incorporated into the constitutional negotiations that led to the Cabinet Mission Plan of 1946.
2. Formation of the Constituent Assembly
The Constituent Assembly was formed under the Cabinet Mission Plan of 1946.
The Cabinet Mission was sent to India by the British Government to discuss the transfer of power and constitutional arrangements.
The Assembly was not directly elected by the people of India.
Instead, its members from the provinces were indirectly elected by the Provincial Legislative Assemblies.
What does "indirect election" mean?
It means that people did not directly vote for Constituent Assembly members.
Instead:
People → elected Provincial Legislatures → Provincial Legislatures elected Constituent Assembly members
This is an important UPSC fact.
3. Original Composition of the Constituent Assembly
Under the Cabinet Mission scheme, the Assembly was planned to have 389 members.
The broad distribution was:
| Category | Members |
|---|---|
| British Indian Provinces | 296 |
| Princely States | 93 |
| Total | 389 |
The 296 seats associated with British India included representatives from provinces and certain centrally administered areas.
The representatives from the provinces were elected by their respective Provincial Legislative Assemblies.
The representatives of the Princely States were to be selected by the rulers of those states rather than through direct popular elections.
Parliament's historical account confirms that members were chosen by indirect election according to the Cabinet Mission scheme.
4. How Were Provincial Members Elected?
This is an important concept for UPSC.
The Provincial Legislative Assemblies elected members through proportional representation by means of the single transferable vote.
Proportional Representation
Proportional representation means that seats are distributed roughly according to the strength of different groups or parties.
Single Transferable Vote
A Single Transferable Vote (STV) allows a voter to rank candidates by preference.
For example:
- Candidate A — first preference
- Candidate B — second preference
- Candidate C — third preference
The system is designed to give different groups representation according to their electoral strength.
5. First Meeting of the Constituent Assembly
The Constituent Assembly met for the first time on:
9 December 1946
The meeting took place at:
Constitution Hall, New Delhi
The building is now associated with the Central Hall of Parliament House.
Temporary Chairman
Dr. Sachchidananda Sinha served as the temporary chairman of the first meeting.
He was chosen to preside over the initial proceedings until the Assembly elected its permanent President. The official debate records confirm that the first sitting began with Dr. Sinha taking the temporary chair.
6. Who Became the President of the Constituent Assembly?
The Constituent Assembly later elected:
Dr. Rajendra Prasad as its permanent President.
He played an important role in guiding the proceedings of the Assembly.
Important distinction
Do not confuse:
- Dr. Sachchidananda Sinha → Temporary Chairman
- Dr. Rajendra Prasad → Permanent President of the Constituent Assembly
This distinction is frequently useful for examination questions.
7. Who Was the Constitutional Adviser?
Another important personality was:
B. N. Rau
His full name was:
Sir Benegal Narsing Rau
He served as the Constitutional Adviser to the Constituent Assembly.
What did a Constitutional Adviser do?
A Constitutional Adviser provided legal and constitutional expertise to assist the constitution-making process.
B. N. Rau studied constitutional systems from different countries and helped prepare the initial constitutional material that assisted the Assembly.
So remember:
B. N. Rau = Constitutional Adviser
8. Important Members of the Constituent Assembly
The Assembly included many important leaders, lawyers, administrators and representatives from different parts of India.
Some major names include:
Dr. B. R. Ambedkar
He became the Chairman of the Drafting Committee.
He played a central role in converting the decisions of the Assembly and various committees into a coherent constitutional document.
Jawaharlal Nehru
He played a major role in defining the broad vision and objectives of the Constitution.
He introduced the Objectives Resolution.
Sardar Vallabhbhai Patel
He chaired several important committees, particularly those dealing with:
- Fundamental Rights
- Minorities
- Tribal and Excluded Areas
- Provincial Constitution
Dr. Rajendra Prasad
He served as President of the Constituent Assembly.
Maulana Abul Kalam Azad
He was an important national leader and member of the Assembly.
K. M. Munshi
He was an important member who contributed extensively to constitutional discussions.
Alladi Krishnaswami Ayyar
He was a prominent constitutional lawyer and member of several important committees.
G. V. Mavalankar
He was associated with the Assembly's procedural and functional committees.
9. What Happened After Partition?
The original Constituent Assembly had 389 members.
However, after the partition of India, the situation changed.
The representatives from areas that became part of Pakistan were no longer members of India's Constituent Assembly.
The strength of the Indian Constituent Assembly was therefore reduced.
After independence and partition, the Assembly continued its work for the Constitution of India.
This is why you should remember two numbers:
389 → Original planned strength
299 → Strength after Partition
This is a very common examination fact.
10. The Objectives Resolution
One of the most important events in the Constituent Assembly was the introduction of the Objectives Resolution.
It was moved by:
Jawaharlal Nehru
on:
13 December 1946
The Resolution expressed the broad constitutional goals that would guide the Assembly.
It dealt with ideas such as:
- Sovereignty
- Democracy
- Justice
- Equality
- Freedom
- Protection of minorities
- Territorial integrity
- The political structure of independent India
The Objectives Resolution eventually became an important foundation for the Preamble of the Constitution.
Easy way to understand it
Think of the Objectives Resolution as the vision statement for the Constitution.
The Constitution later converted many of these broad objectives into actual constitutional provisions.
11. Important Committees of the Constituent Assembly
The Assembly created several committees because it was impossible for the entire Assembly to examine every constitutional question simultaneously.
Committees studied specific subjects and submitted their recommendations.
Parliament's official records list several important committees and their chairmen.
For UPSC, the following committees are especially important.
12. Drafting Committee
Chairman:
Dr. B. R. Ambedkar
The Drafting Committee was responsible for preparing the draft constitutional text based on the decisions taken by the Assembly and its committees.
Important members included:
- B. R. Ambedkar
- N. Gopalaswami Ayyangar
- Alladi Krishnaswami Ayyar
- K. M. Munshi
- Mohammad Saadulla
- B. L. Mitter
- D. P. Khaitan
Later, some members were replaced because of resignation, death or other circumstances.
Most important fact:
Drafting Committee → B. R. Ambedkar
13. Union Powers Committee
Chairman:
Jawaharlal Nehru
Its subject was the distribution of powers between the Union and the provinces.
Simple meaning
It dealt with:
Which powers should belong to the central government and which should belong to the provinces/states?
This eventually became an important part of India's federal structure.
14. Union Constitution Committee
Chairman:
Jawaharlal Nehru
It dealt with the broad constitutional structure of the Union.
Remember:
Nehru → Union Powers Committee
Nehru → Union Constitution Committee
15. Provincial Constitution Committee
Chairman:
Sardar Vallabhbhai Patel
It dealt with the constitutional structure of the provinces.
After independence, India's provinces eventually became part of the constitutional framework of the states.
16. Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas
Chairman:
Sardar Vallabhbhai Patel
This was an extremely important committee.
It dealt with subjects such as:
- Fundamental Rights
- Rights of minorities
- Tribal areas
- Excluded areas
Important examination connection
Patel → Advisory Committee
This is a useful association to remember.
17. Rules of Procedure Committee
Chairman:
Dr. Rajendra Prasad
Its job was to help establish the procedural rules under which the Constituent Assembly would conduct its work.
Simple meaning
Rules of Procedure = Rules explaining how the Assembly should conduct its meetings and business.
18. Steering Committee
Chairman:
Dr. Rajendra Prasad
It helped coordinate the work of the Assembly.
19. Important Committee-Chairman Pairs
For quick revision:
| Committee | Chairman |
|---|---|
| Drafting Committee | B. R. Ambedkar |
| Union Powers Committee | Jawaharlal Nehru |
| Union Constitution Committee | Jawaharlal Nehru |
| Provincial Constitution Committee | Sardar Vallabhbhai Patel |
| Advisory Committee on Fundamental Rights, Minorities, Tribal & Excluded Areas | Sardar Vallabhbhai Patel |
| Rules of Procedure Committee | Rajendra Prasad |
| Steering Committee | Rajendra Prasad |
Parliament's official Constituent Assembly material also records committees such as the Rules of Procedure Committee, Steering Committee, Finance and Staff Committee, Credential Committee and others.
20. Constituent Assembly as a Legislature
There is an interesting point that students often miss.
After independence, the Constituent Assembly did not only work on the Constitution.
It also functioned as the legislative body for India until the new constitutional system came into operation.
In this capacity, it performed ordinary legislative functions.
The Assembly's own committee on its functions explicitly distinguished between:
- Constitution-making work
- Work as the Dominion Legislature
Why is this important?
Because the Constituent Assembly effectively performed two different functions.
Function 1: Constituent body
Making the Constitution.
Function 2: Legislature
Making ordinary laws.
21. How Did the Assembly Make the Constitution?
The process was not simply:
"Ambedkar wrote the Constitution."
That is an oversimplification.
The Constitution was the result of a long process involving:
Committees → Reports → Debates → Amendments → Voting → Drafting → Revision → Final Adoption
The Assembly discussed provisions in detail and members proposed amendments.
Therefore, the Constitution was produced through extensive deliberation (careful discussion) and decision-making within the Assembly.
22. How Long Did the Constituent Assembly Take?
The Constituent Assembly took approximately:
2 years, 11 months and 17 days
to complete its constitution-making work.
According to the official Parliament account, it held 11 sessions and sat for 165 days, with 114 days devoted to consideration of the Draft Constitution.
Some constitutional-history sources count the total sitting days differently depending on what proceedings are included, so for exam preparation, use the figure given in the source specified by your examination material.
23. Adoption of the Constitution
The Constitution was:
Adopted on 26 November 1949
The Preamble itself records:
"this twenty-sixth day of November, 1949"
as the date on which the people, through the Constituent Assembly, adopted, enacted and gave the Constitution to themselves.
However, the Constitution did not come into full operation on that day.
It came into force on:
26 January 1950
This date was chosen because of its connection with the declaration of Purna Swaraj in the national movement.
Remember:
26 November 1949 → Constitution adopted
26 January 1950 → Constitution came into force
24. Why Was 26 January Chosen?
The Indian National Congress had declared Purna Swaraj (complete independence) as its goal in 1930.
26 January was observed as Independence Day during the freedom movement.
Therefore, when the Constitution was to come into force, 26 January was selected as the commencement date.
This created a connection between the constitutional republic and the earlier independence movement.
25. Was the Constituent Assembly Fully Elected by Universal Adult Franchise?
No.
This is an important criticism and examination point.
The Constituent Assembly was not elected directly by all adult citizens of India.
Provincial representatives were elected indirectly through Provincial Legislative Assemblies.
The representatives of princely states were nominated/selected through the rulers of those states under the arrangement.
What is Universal Adult Franchise?
Universal adult franchise = Every adult citizen has the right to vote, subject to the law.
India's Constitution later established universal adult suffrage as the basis for elections to the democratic republic.
26. Was the Constituent Assembly Representative?
This question requires nuance.
The Assembly contained representatives from different communities, regions, political groups and social backgrounds.
However, it was not created through universal adult voting.
Therefore, historians and constitutional scholars have discussed the representative character of the Assembly from different perspectives.
For UPSC, avoid saying simply:
"The Constituent Assembly was completely representative."
Instead understand the distinction:
Broad representation existed, but the method of formation was indirect rather than based on universal adult franchise.
27. Important Personalities: Quick Memory Map
A simple way to remember the major figures:
Rajendra Prasad
President of Constituent Assembly
Sachchidananda Sinha
Temporary Chairman
B. N. Rau
Constitutional Adviser
B. R. Ambedkar
Chairman of Drafting Committee
Jawaharlal Nehru
Objectives Resolution + Union-related committees
Sardar Patel
Advisory Committee + Provincial Constitution Committee
This six-person map will help you answer many basic questions.
28. Important Dates
| Date | Event |
|---|---|
| 9 December 1946 | First meeting of Constituent Assembly |
| 11 December 1946 | Rajendra Prasad elected President |
| 13 December 1946 | Objectives Resolution introduced |
| 22 January 1947 | Objectives Resolution adopted |
| 15 August 1947 | India became independent |
| 26 November 1949 | Constitution adopted |
| 24 January 1950 | Members signed the Constitution |
| 26 January 1950 | Constitution came into force |
29. UPSC Quick Revision
Remember these facts:
Constituent Assembly
→ Formed under Cabinet Mission Plan, 1946
→ Original strength 389
→ Provincial representatives elected indirectly
→ First meeting 9 December 1946
→ Temporary Chairman Sachchidananda Sinha
→ President Rajendra Prasad
→ Constitutional Adviser B. N. Rau
→ Objectives Resolution introduced by Jawaharlal Nehru
→ Drafting Committee Chairman B. R. Ambedkar
→ Constitution adopted 26 November 1949
→ Constitution came into force 26 January 1950
30. Practice Questions
Question 1
The Constituent Assembly of India was formed under:
A. Government of India Act, 1935
B. Indian Independence Act, 1947
C. Cabinet Mission Plan, 1946
D. Cripps Mission, 1942
Answer: C
Question 2
Who was the temporary chairman of the Constituent Assembly?
A. Rajendra Prasad
B. B. R. Ambedkar
C. Sachchidananda Sinha
D. Jawaharlal Nehru
Answer: C
Question 3
Who chaired the Drafting Committee?
A. Jawaharlal Nehru
B. B. R. Ambedkar
C. Sardar Patel
D. Rajendra Prasad
Answer: B
Question 4
The Objectives Resolution was introduced by:
A. B. R. Ambedkar
B. Sardar Patel
C. Jawaharlal Nehru
D. Rajendra Prasad
Answer: C
Question 5
The Constitution of India was adopted on:
A. 15 August 1947
B. 26 January 1950
C. 26 November 1949
D. 9 December 1946
Answer: C
31. One-Line Memory Trick
Remember the sequence:
Sinha → Prasad → Nehru → Patel → Rau → Ambedkar
- Sinha → Temporary Chairman
- Prasad → President
- Nehru → Objectives Resolution
- Patel → Advisory/Provincial committees
- Rau → Constitutional Adviser
- Ambedkar → Drafting Committee
32. The Big Picture
The previous topic explained how British rule gradually created the institutional background from which India's constitutional system emerged.
Now we have reached the body that actually transformed that historical background into a constitutional framework:
Historical Background
↓
Cabinet Mission Plan, 1946
↓
Constituent Assembly
↓
Committees
↓
Objectives Resolution
↓
Draft Constitution
↓
Debates & Amendments
↓
Constitution adopted — 26 November 1949
↓
Constitution came into force — 26 January 1950
This sequence is the foundation for understanding the Indian Constitution.