COLLEGE OF LEGAL STUDIES

DEHRADUN

ASSIGNMENT : 1
“CONSTITUENT ASSEMBLY OF
INDIA”

Submitted To:- Submitted By:-

Dr. Vinita Singh Pratik Raoka
Assistant Professor 500012029
COLS, UPES BA LLB Sec B
 CONSTITUENTASSEMBLYOFINDIA

INTRODUCTION:

A constituentassembly (sometimes also known as a constitutional

convention or constitutional assembly) is a body composed for the purpose of drafting or
adopting a constitution. As the fundamental document constituting a state, a constitution
cannot normally be modified or amended by the state's normal legislative procedures; instead
a constituent assembly, the rules for which are normally laid down in the constitution, must
be set up. A constituent assembly is usually set up for its specific purpose, which it carries
out in a relatively short time, after which the assembly is dissolved.

Indian Constituent Assembly-American constitution is the first written constitution of the

world. It is the basic need of any nation. In the formation of Indian constitution the first step
was the formation of Constituent Assembly. Idea of Constituent Assembly for making the
constitution was first mooted by M.N. Roy in 1934. First time Indian National Congress
officially demanded the formation of constituent assembly in 1935. First time demand
accepted in principle for a constituent assembly in August offer of 8th August 1940. The
failed Cripps proposals envisaged a constituent assembly after World War- 11. Finally, under
the provisions of Cabinet Mission Plan(1946):members- A.V. Alexander, Pathik O Lawrence,
Stafford Crips a constituent assembly formed for framing the Indian Constitution.

The Constituent Assembly drafted the Indian Constitution. The main members of the
Constitution Assembly were Harendracoomar Mukherjee, B.R Ambedkar,
KrishnaswamyIyer, K M Munshy Ganesh Mavlankar, Sarojini Naidu, Rajendra Prasad and
many more. The members of the Constituent Assembly met for the first time in the year 1946
on December 9.

ELECTIONOFCONSTITUENTASSEMBLY:

The constituent assembly was elected indirectly by the members of the Provincial legislative
assembly. The Congress secured an overwhelming majority in the general seats while
the Muslim League managed to sweep almost all the seats reserved for Muslims. The
Congress had a majority of 69%. There were also members from smaller parties like
the Scheduled Caste Federation, the Communist Party of India and the Unionist Party.

The Constituent Assembly having representatives including 15 women. Only 28 members of

the Muslim League finally joined the Indian Assembly. Later, 93 members were nominated
from the princely states. The Congress thus secured a majority of 82%. The Interim
Government of India was formed on 2 September 1946 from the newly-elected Constituent
Assembly.

On August 15, 1947, India became an independent nation, and the Constituent Assembly
became India's Parliament.

ORGANIZATION:
The Constituent Assembly took almost three years (two years, eleven months and seventeen
days to be precise) to complete its historic task of drafting the Constitution for Independent
India. During this period, it held eleven sessions covering a total of 165 days. Of these, 114
days were spent on the consideration of the Draft Constitution. 
As to its composition, members were chosen by indirect election by the members of the
Provincial Legislative Assemblies, according to the scheme recommended by the Cabinet
Mission. The arrangement was: (i) 292 members were elected through the Provincial
Legislative Assemblies; (ii) 93 members represented the Indian Princely States; and (iii) 4
members represented the Chief Commissioners' Provinces. The total membership of the
Assembly thus was to be 389. However, as a result of the partition under the Mountbatten
Plan of 3 June, 1947, a separate Constituent Assembly was set up for Pakistan and
representatives of some Provinces ceased to be members of the Assembly. As a result, the
membership of the Assembly was reduced to 299. Dr.SachinandSinha the oldest member was
elected as the temporary president of Assembly. Later, Dr.Rajendra Prasad and H.C.
Mukherjee were elected as president and Vice-president of the assembly respectively. Sir
B.N. Rau was appointed as the constitutional advisor to the assembly.

The historic “objective resolution” was moved by Pt. Jawaharlal Nehru which was later
accepted in its modified form as the preamble of the constitution.This Resolution was
unanimously adopted by the Constituent Assembly on 22 January 1947.
 COMMITTEESUNDERTHECONSTITUENTASSEMBLY:

Committee on the Rules of procedure headed by Rajendra Prasad

Drafting Committee headed by B. R. Ambedkar

Steering Committee headed by Rajendra Prasad

Finance and Staff Committee headed by Anugrah Narayan Sinha

Credential Committee headed by AlladiKrishnaswamyIyer

House Committee headed by B. PattabhiSitaramayya

Order of Business Committee headed by K. M. Munshi

Ad hoc Committee on the National Flag headed byRajendra Prasad

Committee on the Functions of the Constituent Assembly headed by G. V. Mavalankar

States Committee headed by Jawaharlal Nehru

Advisory Committee on Fundamental Rights, Minorities

Tribal and Excluded Areas headed by Vallabhbhai Patel

Minorities Sub-Committee headed by H. C. Mukherjee

Fundamental Rights Sub-Committee headed byJ. B. Kripalani

North-East Frontier Tribal Areas and Assam. Excluded & Partially Excluded Areas Sub-
Committee headed by GopinathBardoloi

Excluded and Partially Excluded Areas (Other than those in Assam) Sub-Committee headed
by A.V. Thakkar

Union Powers Committee headed by Jawaharlal Nehru

Union Constitution Committee headed by Jawaharlal Nehru

The most important of the committes was the drafting committee which was entrusted with
the task of making the new constitution. It consisted of seven members. Dr. B.R. Ambedkar
the chairman of the drafting committee is recognised as the father of the Indian Constitution.
The first “Draft constitution of India” was published in Feb. 1948.

STATEWISE MEMBERSHIP OF THE CONSTITUENT

ASSEMBLY OF INDIA AS ON 31 DECEMBER, 1947
PROVINCES-229
-----------------------------------------------------------

S.No. State No. of Members

-----------------------------------------------------------

1. Madras 49

2. Bombay 21

3. West Bengal 19

4. United Provinces 55

5. East Punjab 12

6. Bihar 36

7. C.P. and Berar 17

8. Assam 8

9. Orissa 9

10. Delhi 1

11. Ajmer-Merwara1

12. Coorg1

INDIAN STATES-70

1. Alwar1

2. Baroda 3

3. Bhopal 1

4. Bikaner 1

5. Cochin 1

6. Gwalior 4

7. Indore 1

8. Jaipur 3
9. Jodhpur 2

10. Kolhapur 1

11. Kotah1

12. Mayurbhanj1

13. Mysore 7

14. Patiala 2

15. Rewa2

16. Travancore 6

17. Udaipur 2

18. Sikkim and Cooch Behar Group 1

19. Tripura, Manipur and Khasi

States Group 1

20. U.P. States Group 1

21. Eastern Rajputana States Group 3

22. Central India States Group 3

(includingBundelkhand and Malwa)

23. Western India States Group 4

24. Gujarat States Group 2

25. Deccan and Madras States Group 2

26. Punjab States Group I 3

27. Eastern States Group I 4

28. Eastern States Group II 3

29. Residuary States Group 4

Total 299
CONSTITUENTASSEMBLYANDMUSLIM LEAGUE:

The Muslims being in minority never offerd their full support to constituent assembly and
they thought it was dominated by the Hindus. The Muslim league continued to oppose the
constituent assembly at every stage, before, as well as after it was constituted. Having failed
to prevent the election of the constituent assembly the Muslim league concentrated its
energies on refusing to join its deliberations. In the first session of the assembly 76 Muslim
members of the league stayed away. And only 4 congress Muslim members attended the
session. The same condition happened in 2nd and 3rd session in which the league still did not
join. So in short it was the clear cut boycott of Muslim league from constituent assembly.

CONCLUSION:

The work of making of the constitution was ardons and tremendons. The Constitution makers
had before them heaps of difficult problem which required solution. They had to prepare a
Constitution for 400 million people. There were scores of communities speaking different
languages, professing different faiths, practicing different customs, following different
traditions and impleasing different cultures and religion. The questions of backward class was
also a big problem. So the makers had to provide for the integrity of the country in the
foresence of a foreign state within the very compound of India. Pt. Jawaharlal Nehru
therefore said, “if we cannot solve this problem, all our paper constitution will become
useless and purposeless.” But the makers prove themselves good and form a constitution
fulfilling all demands, satisfying everyone and most important a mile stone in Indian history.