Framing of Indian Constitution

How the Constituent Assembly was formed, how it worked from 1946 to 1949, and when the Constitution began

In one minute

The Constitution was framed by a Constituent Assembly. Its members were chosen under the Cabinet Mission Plan of 1946. The Assembly first met on 9 December 1946, adopted the Constitution on 26 November 1949, and held its last session on 24 January 1950.

Exams ask for the dates, the numbers, the Objectives Resolution and the committees. In real life the story explains why the Preamble begins "We, the people of India".

Exam focus

Frequency: Rarely asked
Usually asked as: Short answer (4 to 6 marks)

Legal provision

Preamble: "IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION."
Article 394: Articles 5 to 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 came into force at once. The rest came into force on 26 January 1950.
Article 394A: the Hindi translation is signed by members of the Constituent Assembly.
Article 395: the Indian Independence Act, 1947 and the Government of India Act, 1935 are repealed.

Meaning and definition

The framing of the Constitution is the process by which the Constituent Assembly drafted, debated and adopted the Constitution between December 1946 and January 1950. It is the Indian people, through their representatives, giving themselves the fundamental law. It was not a law imposed by Britain.

From demand to ConstitutionHow to read this: read the boxes from left to right on a wide screen, or from top to bottom on a phone. Green marks adoption.

1934 and 1935M.N. Roy proposes a Constituent Assembly; Congress demands one.
1946Cabinet Mission Plan provides the scheme.
9 Dec 1946The Assembly meets for the first time.
22 Jan 1947The Objectives Resolution is adopted.
29 Aug 1947The Drafting Committee is set up.
26 Nov 1949The Constitution is adopted.
26 Jan 1950The Constitution commences.

Detailed explanation

Step 1: the demand

M.N. Roy first proposed a Constituent Assembly in 1934, and the Indian National Congress formally demanded one in 1935. Britain accepted the principle of Indians framing their own constitution in the August Offer of 1940 and in the Cripps Mission of 1942. The Cabinet Mission of 1946 gave the actual scheme.

Step 2: how members were chosen

Under the Cabinet Mission Plan, members from the provinces were chosen by the provincial legislative assemblies, not by direct vote. Each province was given one seat for about every ten lakh people. Seats were shared among the General, Muslim and Sikh communities in proportion to their numbers. The Indian States were to send their own representatives.

The Assembly was meant to have 389 members: 296 from British India and 93 from the Indian States. After the partition in August 1947, the members from the areas that became Pakistan left. The strength became 299. The Muslim League stayed away from the Assembly at the start.

Example. A member from Madras was elected by the members of the Madras provincial assembly. A voter in Guntur never voted for him directly. The assembly itself had been elected on the limited franchise of the 1935 Act.

Step 3: the first sittings

The Assembly met on 9 December 1946 in New Delhi. Dr Sachchidananda Sinha, the oldest member, presided at first. Dr Rajendra Prasad was elected President on 11 December 1946. On 13 December 1946, Jawaharlal Nehru moved the Objectives Resolution, which set out the aims of the future Constitution: a sovereign republic, justice, equality and freedom, and safeguards for minorities. The Assembly adopted it on 22 January 1947. Its language shaped the Preamble.

Step 4: committees and the draft

The Assembly did the detailed work through committees, such as the Union Powers Committee, the Union Constitution Committee and the Provincial Constitution Committee. Sir B.N. Rau, the Constitutional Adviser, prepared a draft. The Assembly set up the Drafting Committee on 29 August 1947. It revised the draft and sent it to the Assembly's President in February 1948. The draft was published for public comment.

Step 5: debate and adoption

The draft was introduced in the Assembly on 4 November 1948. The Assembly then discussed it clause by clause. Members proposed more than 7,000 amendments, and more than 2,000 of them were discussed. The Assembly took 2 years, 11 months and 18 days. It adopted the Constitution on 26 November 1949. The Assembly held its last session on 24 January 1950. Under Article 394 the main body commenced on 26 January 1950.

The date 26 January had a special meaning. The Indian National Congress had marked it as Independence Day in 1930.

Don't confuse: adoption, enactment and commencement

Term	Date	Meaning
Adoption and enactment	26 November 1949	The Assembly finally passed the text; some Articles came into force at once (Article 394)
Last session	24 January 1950	The Assembly met for the last time
Commencement	26 January 1950	The remaining provisions came into force

Inside the concept. The citizenship Articles 5 to 9 came into force at once, on 26 November 1949.

Just outside it. The Fundamental Rights in Part III came into force only on 26 January 1950. No one could claim them in December 1949.

Common mistakes

Saying the Assembly was directly elected by all adults. Provincial assemblies chose its members.
Giving 389 as the strength that framed the final text. After partition it was 299.
Saying the Constitution began on 26 November 1949.
Mixing the Objectives Resolution (moved 13 December 1946, adopted 22 January 1947) with the Preamble.

Apply it

Problem

A student writes: "The Constitution came into force on 26 November 1949, so the Fundamental Rights could be enforced from that day." Is this correct?

Issue. When did the Fundamental Rights begin?

Rule. Article 394 brought only some Articles into force at once. The remaining provisions came into force on 26 January 1950.

Application. Part III is not among the Articles listed in Article 394.

Conclusion. The statement is wrong. The Fundamental Rights could be enforced only from 26 January 1950.

Leading case laws

Kesavananda Bharati v. State of Kerala (1973)
Facts. A religious head challenged Kerala land reform Acts. The case grew into a challenge to the 24th, 25th and 29th Amendments.

Principle. Thirteen Judges wrote eleven opinions. Several of them set out the Objectives Resolution and the Assembly's discussion of the Preamble to read the Constitution.

Why it matters. It shows how courts use the framing history to interpret the text.

How to write this answer in the exam

5-mark answer

The demand and the Cabinet Mission Plan.
Strength: 389, then 299 after partition.
First meeting on 9 December 1946 and the Objectives Resolution.
Adoption on 26 November 1949 and commencement on 26 January 1950.

10-mark answer

Meaning and the demand for an Assembly.
Cabinet Mission scheme and composition.
First sittings and officers.
Objectives Resolution.
Committees and the Drafting Committee.
Debate, adoption and commencement.
Assessment: how representative the Assembly was.

Key points to remember

Demand: M.N. Roy (1934), Congress (1935).
Strength: 389 planned (296 plus 93); 299 after partition.
First sitting: 9 December 1946. President: Rajendra Prasad (11 December 1946).
Objectives Resolution: moved on 13 December 1946, adopted on 22 January 1947.
Adopted 26 November 1949; commenced 26 January 1950.
Time taken: 2 years, 11 months and 18 days.

Quick self-test

1. How were the members of the Constituent Assembly chosen?

Under the Cabinet Mission Plan, the provincial legislative assemblies elected them indirectly, with about one seat for every ten lakh people. The Indian States sent their own representatives.

2. When was the Objectives Resolution moved and adopted?

Moved by Jawaharlal Nehru on 13 December 1946 and adopted on 22 January 1947.

3. When did the Fundamental Rights begin to apply?

On 26 January 1950, when the remaining provisions came into force under Article 394.