Making of the Constitution
Historical underpinnings of the Constitution for UPSC: British-era Acts from 1773 to 1947 and the Constituent Assembly's composition, committees and timeline.
SyllabusGS II · Indian Constitution — historical underpinnings, evolution, features, significant provisions and basic structure
Prerequisites: Constitutional Framework — overview · Towards Independence and Partition
The Hook: Seventy-Five Years in the Same Hall
On 26 November 2024, the 75th anniversary of the adoption of the Constitution was marked at a function in the Central Hall of Samvidhan Sadan — the old Parliament building, in the very hall where the Constituent Assembly had debated the text. Since 2015, the Government of India has observed 26 November every year as Constitution Day (Samvidhan Divas).
The anniversary invites the questions UPSC keeps asking: how did a colonial administrative framework turn into a democratic constitution, and how far did the Assembly that wrote it truly represent India?
The Core Concept
The Constitution did not start on a blank page. Much of its structural and administrative framework came from British-era legislation, especially the Government of India Act, 1935. What the Constituent Assembly added was the democratic soul: universal adult franchise, Fundamental Rights, a republic, and an independent judiciary with the power of review.
Part 1 — British-era Acts: the historical underpinnings
Company rule (1773–1858)
| Act | Key changes |
|---|---|
| Regulating Act, 1773 | First step by the British Parliament to control the East India Company; Governor of Bengal became Governor-General of Bengal (Warren Hastings first); a Supreme Court at Calcutta was established (1774) |
| Pitt’s India Act, 1784 | Separated the Company’s commercial and political functions; created the Board of Control — a system of “double government” |
| Charter Act, 1833 | Governor-General of Bengal became Governor-General of India (Lord William Bentinck first); final step towards centralisation; ended the Company’s commercial activities |
| Charter Act, 1853 | Separated the legislative and executive functions of the Governor-General’s Council; introduced open competition for the civil services |
Crown rule (1858–1947)
| Act | Key changes |
|---|---|
| Government of India Act, 1858 | Power passed from the Company to the Crown; Governor-General also styled Viceroy (Lord Canning first); office of Secretary of State for India with a Council of India |
| Indian Councils Act, 1861 | Indians nominated as non-official members of legislative councils; legislative powers restored to Bombay and Madras (decentralisation began); legal recognition to the portfolio system; Viceroy empowered to issue ordinances |
| Indian Councils Act, 1892 | Indirect (recommendation-based) element in nominations; councils could discuss the budget and ask questions |
| Indian Councils Act, 1909 (Morley–Minto Reforms) | Separate electorates for Muslims; an Indian (Satyendra Prasad Sinha) joined the Viceroy’s Executive Council; supplementary questions allowed |
| Government of India Act, 1919 (Montagu–Chelmsford Reforms) | Dyarchy in the provinces (reserved and transferred subjects); bicameralism and direct elections at the Centre; separate electorates extended to Sikhs, Indian Christians, Anglo-Indians and Europeans; provincial budgets separated from the central budget; provided for a Public Service Commission (set up in 1926) |
| Government of India Act, 1935 | Proposed an All-India Federation of provinces and princely states (never came into being); three lists of subjects; abolished dyarchy in the provinces (provincial autonomy) and proposed dyarchy at the Centre (never implemented); bicameralism in six of eleven provinces; a Federal Court (set up in 1937); provided for the Reserve Bank of India and Public Service Commissions |
| Indian Independence Act, 1947 | Ended British rule from 15 August 1947; created two dominions; empowered each Constituent Assembly to frame and adopt any constitution and to repeal any British law, including the Act itself |
Part 2 — The demand for a Constituent Assembly
graph TD
A[1934: M.N. Roy first puts forward the idea] --> B[1935: INC officially demands a Constituent Assembly]
B --> C[1940: August Offer - British accept the demand in principle]
C --> D[1942: Cripps Mission proposals]
D --> E[1946: Cabinet Mission Plan sets the scheme]
E --> F[July-August 1946: Elections to the Assembly]
F --> G[9 December 1946: First meeting]Part 3 — Composition under the Cabinet Mission Plan
| Feature | Detail |
|---|---|
| Total strength | 389 — 296 for British India (292 from Governors’ provinces + 4 from Chief Commissioners’ provinces) and 93 for princely states |
| Basis of allocation | Roughly one seat per million population; seats divided among three communities — Muslims, Sikhs and General — in proportion to population |
| Mode of election | Indirect — members from British India elected by members of the provincial legislative assemblies by proportional representation (single transferable vote); princely-state members to be nominated by the rulers |
| 1946 results (British India seats) | Indian National Congress 208, Muslim League 73, smaller groups and independents 15 |
| After Partition | Members from areas going to Pakistan withdrew; strength fell to 299 |
The Assembly was a partly elected and partly nominated body, elected on a limited franchise (the provincial assemblies themselves had been elected on a restricted franchise under the 1935 Act).
Part 4 — Working of the Assembly: the timeline
| Date | Event |
|---|---|
| 9 December 1946 | First meeting; Dr Sachchidananda Sinha as temporary President (the oldest member); the Muslim League boycotted |
| 11 December 1946 | Dr Rajendra Prasad elected President; H.C. Mukherjee and V.T. Krishnamachari later served as Vice-Presidents; Sir B.N. Rau was the constitutional adviser |
| 13 December 1946 | Objectives Resolution moved by Jawaharlal Nehru |
| 22 January 1947 | Objectives Resolution adopted — its ideas later shaped the Preamble |
| 22 July 1947 | National Flag adopted |
| 29 August 1947 | Drafting Committee set up under Dr B.R. Ambedkar |
| February 1948 | Draft Constitution published for public comment |
| 26 November 1949 | Constitution adopted; some provisions (citizenship, elections, provisional Parliament, temporary and transitional provisions, short title) came into force at once — they are listed in Article 394 |
| 24 January 1950 | Final session; National Anthem and National Song adopted; Dr Rajendra Prasad elected first President of India |
| 26 January 1950 | Constitution commenced — the date chosen because the Purna Swaraj pledge had been taken on 26 January 1930 |
The Assembly took 2 years, 11 months and 18 days across 11 sessions. After the Indian Independence Act, 1947, it was also the first legislature of free India; when it sat as a legislature it was chaired by G.V. Mavalankar. The Assembly’s seal carried an elephant.
Original text: a Preamble, 395 Articles in 22 Parts, and 8 Schedules.
Part 5 — Committees of the Assembly
| Committee | Chairman |
|---|---|
| Union Powers Committee | Jawaharlal Nehru |
| Union Constitution Committee | Jawaharlal Nehru |
| States Committee (negotiating with the princely States) | Jawaharlal Nehru |
| Provincial Constitution Committee | Sardar Vallabhbhai Patel |
| Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas | Sardar Vallabhbhai Patel |
| — Fundamental Rights Sub-Committee | J.B. Kripalani |
| — Minorities Sub-Committee | H.C. Mukherjee |
| Rules of Procedure Committee | Dr Rajendra Prasad |
| Steering Committee | Dr Rajendra Prasad |
| Drafting Committee | Dr B.R. Ambedkar |
The Drafting Committee (seven members): Dr B.R. Ambedkar (Chairman), N. Gopalaswamy Ayyangar, Alladi Krishnaswamy Ayyar, Dr K.M. Munshi, Syed Mohammad Saadullah, N. Madhava Rau (who replaced B.L. Mitter) and T.T. Krishnamachari (who replaced D.P. Khaitan after his death in 1948).
Memory Anchors
Mnemonic for the British Acts in order: “Red Parrots Can Chatter; Green Crows Call Crows; Geese Go Indoors” → Regulating 1773 · Pitt’s 1784 · Charter 1833 · Charter 1853 · GoI 1858 · Councils 1861 · Councils 1892 · Councils 1909 · GoI 1919 · GoI 1935 · Independence 1947
Which Act did what — one-word tags:
| Act | Tag |
|---|---|
| 1909 | Communal (separate) electorate |
| 1919 | Dyarchy in provinces |
| 1935 | Provincial autonomy and federation |
| 1947 | Sovereignty |
Committees: “Nehru took the Union and the States; Patel took the Provinces and the Rights; Prasad kept the Rules and Steered.”
One-line Mains hook: Dr Ambedkar, 25 November 1949 — on 26 January 1950 India was “going to enter into a life of contradictions”: political equality alongside social and economic inequality.
For Prelims
- Constituent Assembly scheme: Cabinet Mission Plan, 1946; total strength 389, reduced to 299 after Partition.
- Members were indirectly elected by provincial assemblies — not directly by the people.
- Temporary President: Sachchidananda Sinha; permanent President: Rajendra Prasad; constitutional adviser: B.N. Rau.
- Objectives Resolution: moved 13 December 1946, adopted 22 January 1947.
- Drafting Committee: 29 August 1947, seven members, chaired by Ambedkar.
- Adopted 26 November 1949; commenced 26 January 1950.
- Dyarchy in provinces — 1919 Act; dyarchy at the Centre was proposed by the 1935 Act but never implemented.
- Separate electorate for Muslims — 1909 Act.
For Mains
- Dimensions: continuity with the 1935 Act vs democratic rupture; representativeness of an indirectly elected Assembly; role of consensus in a Congress-dominated body; the Assembly’s handling of minorities, princely States and Partition.
- Keywords: constitutional continuity, indirect election, consensus and accommodation, Objectives Resolution, transformative constitution.
- Value-addition: Constituent Assembly debates were public and minuted; the Draft was published for comment in 1948; historian Granville Austin emphasised the Assembly’s reliance on consensus and accommodation; Ambedkar’s “life of contradictions” speech of 25 November 1949.
Common Traps
In the News
- November 2024 — 75th anniversary of the adoption of the Constitution commemorated in the Central Hall of Samvidhan Sadan.
Practice
Prelims
With reference to the Constituent Assembly of India, consider the following statements:
- Its members were directly elected by the people on the basis of universal adult franchise.
- Its scheme of composition was based on the Cabinet Mission Plan of 1946.
- Dr B.R. Ambedkar was the President of the Constituent Assembly.
Which of the statements given above is/are correct?
Solution
Statement 1 is incorrect — members were indirectly elected by the provincial legislative assemblies. Statement 2 is correct — the Cabinet Mission Plan (1946) laid down the 389-member scheme. Statement 3 is incorrect — Dr Rajendra Prasad was the President; Ambedkar chaired the Drafting Committee.
Answer: B
Which of the following Acts provided for the establishment of a Federal Court in India?
Solution
The Government of India Act, 1935 provided for a Federal Court, which was set up in 1937. The 1909 Act introduced separate electorates for Muslims; the 1919 Act introduced provincial dyarchy; the 1947 Act ended British rule.
Answer: C
Match the committees of the Constituent Assembly with their chairmen:
| Committee | Chairman |
|---|---|
| A. Union Powers Committee | 1. Rajendra Prasad |
| B. Provincial Constitution Committee | 2. Jawaharlal Nehru |
| C. Rules of Procedure Committee | 3. Vallabhbhai Patel |
| D. Drafting Committee | 4. B.R. Ambedkar |
Select the correct answer using the code given below.
Solution
Union Powers — Nehru (A-2); Provincial Constitution — Patel (B-3); Rules of Procedure — Rajendra Prasad (C-1); Drafting — Ambedkar (D-4). Option C swaps Prasad and Ambedkar; option B swaps Nehru and Patel.
Answer: A
Mains
The Constituent Assembly was not directly elected, yet the Constitution it produced enjoys deep legitimacy. Examine.
Solution
Introduction: The Constituent Assembly was formed under the Cabinet Mission Plan (1946); its British-India members were indirectly elected by provincial assemblies chosen on a limited franchise.
Body:
- Criticisms: not directly elected; dominated by the Congress; heavy presence of lawyers; princely-state members nominated.
- Sources of legitimacy:
- Diversity of membership across regions, religions, castes and ideologies; women members participated.
- Open, recorded debates; the Draft was published in 1948 for public comment.
- Consensus-seeking procedure rather than majority imposition.
- Outcome: universal adult franchise from the first election, Fundamental Rights, safeguards for minorities and SCs/STs.
- Subsequent endorsement through regular elections and the judiciary’s basic-structure doctrine.
Conclusion: Legitimacy flowed less from the mode of election than from the inclusive process and the democratic content of the document — and from seven decades of working it.
Quick Revision
| Point | One-liner |
|---|---|
| First Governor-General of India | Lord William Bentinck (Charter Act, 1833) |
| Separate electorate | 1909 (Muslims); extended in 1919 |
| Provincial dyarchy | 1919 Act |
| Provincial autonomy, Federal Court | 1935 Act |
| Cabinet Mission | 1946 — Assembly of 389 |
| First meeting | 9 December 1946 (Sinha temporary President) |
| Objectives Resolution | Moved 13 Dec 1946; adopted 22 Jan 1947 |
| Drafting Committee | 29 Aug 1947; Ambedkar; seven members |
| Adopted / commenced | 26 Nov 1949 / 26 Jan 1950 |
| Original text | 395 Articles, 22 Parts, 8 Schedules |
Key Takeaways
- The Constitution’s administrative frame is largely inherited from the Government of India Act, 1935.
- The Constituent Assembly was indirectly elected under the Cabinet Mission Plan, but worked through open debate and consensus.
- Know the dates — 9 Dec 1946, 22 Jan 1947, 29 Aug 1947, 26 Nov 1949, 24 Jan 1950, 26 Jan 1950 — and who chaired which committee.
Related Topics
- Preamble and Salient Features
- Constitutional Framework — quick revision
- Constitutional Framework — practice questions
- British Expansion and Administration
- Comparison with Other Constitutions