Making of the Indian Constitution

Elaboration

Idea of a Constituent Assembly: First suggested by M.N. Roy (1934); the Congress demanded it formally in 1935; the British accepted it in principle in the August Offer (1940).
Cripps Mission (1942): Offered a Constituent Assembly after the war; rejected by Congress and the League.
Cabinet Mission (1946): Members: Pethick-Lawrence, Stafford Cripps, A.V. Alexander. It proposed a three-tier federation (Groups A, B, C) and a Constituent Assembly elected by provincial legislatures. Elections held in July–August 1946; Congress won 208 of 296 seats, Muslim League 73.
Working period: 9 Dec 1946 to 26 Nov 1949 = 2 years, 11 months, 18 days.
Adoption and enforcement: Adopted on 26 Nov 1949 ( articles on citizenship, elections, provisional Parliament, temporary provisions came into force immediately). Rest enforced 26 Jan 1950 (Purna Swaraj Day, chosen because of the 1930 Lahore resolution).
Size at adoption: 395 Articles, 22 Parts, 8 Schedules. Today approx. 470 Articles, 25 Parts, 12 Schedules.
Debates: Over 2 years of deliberation, about 114 days of sittings on the draft (commonly cited figure).

Key points to remember

The Constituent Assembly was not elected by universal adult franchise.
Constitution adopted 26 Nov 1949 = now Constitution Day (Samvidhan Divas).
Enforcement date linked to Purna Swaraj, 26 Jan 1930.
Cabinet Mission Plan 1946 is the real basis of the Assembly.

PYQ / MCQ

1. Who first proposed a Constituent Assembly for India?

(a) Nehru
(b) M.N. Roy
(c) Gandhi
(d) Jinnah

Answer: (b)

2. The Constituent Assembly was formed under the scheme of:
(a) Cripps Mission
(b) Cabinet Mission
(c) Wavell Plan
(d) Mountbatten Plan

Answer: (b)

3. Which provisions came into force on 26 Nov 1949?

(a) Fundamental Rights
(b) Citizenship, elections, provisional Parliament
(c) DPSP
(d) Emergency

Answer: (b)