Chapter 2 of M. Laxmikanth’s
Indian Polity (8th Edition, 2025) focuses on the Making of the Constitution, chronicling the demand for and formation of the Constituent Assembly.
I. Demand for a Constituent Assembly
- M.N. Roy: First proposed the idea of a Constituent Assembly for India in 1934.
- Indian National Congress (INC): Officially demanded a Constituent Assembly for the first time in 1935.
- August Offer (1940): The British government accepted the demand in principle for the first time.
- Cabinet Mission Plan (1946): The Assembly was eventually constituted in November 1946 based on this plan.
II. Composition of the Constituent Assembly
- Total Strength: Initially set at 389 members (296 from British India and 93 from Princely States).
- Seat Allocation: Seats were allotted in proportion to the population (roughly one seat for every million people).
- Nature of Body: It was a partly elected and partly nominated body. Members from British provinces were indirectly elected by provincial assemblies, while Princely State representatives were nominated by their heads.
- Post-Partition: After the Muslim League withdrew, the total strength fell to 299.
III. Working of the Constituent Assembly
- First Meeting: Held on December 9, 1946; Dr. Sachchidananda Sinha was the temporary President.
- President: Dr. Rajendra Prasad was later elected as the permanent President.
- Objective Resolution: Moved by Jawaharlal Nehru on December 13, 1946, it outlined the fundamental philosophy of the constitutional structure.
- Time Taken: The Assembly took 2 years, 11 months, and 18 days to complete the Constitution.
IV. Committees and Enactment
- Drafting Committee: Chaired by Dr. B.R. Ambedkar, who is known as the “Father of the Constitution of India”.
- Adoption: The Constitution was adopted on November 26, 1949, containing a Preamble, 395 Articles, and 8 Schedules.
- Commencement: While some provisions (citizenship, elections) came into force immediately, the majority took effect on January 26, 1950.
V. Important Facts
- Dual Function: The Assembly served both as a constituent body (chaired by Dr. Rajendra Prasad) and as a legislative body for ordinary laws (chaired by G.V. Mavlankar).
- Seal: The Elephant was adopted as the symbol (seal) of the Constituent Assembly.
- Constitutional Adviser: Sir B.N. Rau was appointed as the Legal Adviser to the Assembly.
