The Constituent Assembly

2.1 Formation and Composition

The Constituent Assembly was envisaged in the Cripps Mission (1942) and constituted under the Cabinet Mission Plan (1946). Elections to the Assembly were held in July 1946 through provincial legislative assemblies (indirect election).

Key structural facts:

• Total members (undivided India): 389 (292 from British provinces + 93 from princely states + 4 from chief commissioners' provinces)
• After Partition (1947): Reduced to 299 members
• Communal composition: Hindus ~69%, Muslims ~21%, Sikhs and others ~10%
• Dr. Rajendra Prasad: President of the Constituent Assembly
• Sir Alladi Krishnaswami Ayyar and K.M. Munshi: Principal legal drafters
• B.N. Rau: Constitutional Adviser who prepared the initial constitutional draft

2.2 Committees of the Constituent Assembly

The Assembly worked through multiple committees:

Committee	Chairman	Function
Drafting Committee	Dr. B.R. Ambedkar	Scrutinised and drafted the final constitution text
Union Powers Committee	Jawaharlal Nehru	Distribution of powers between union and states
Union Constitution Committee	Jawaharlal Nehru	Federal structure of the union
Provincial Constitution Committee	Sardar Vallabhbhai Patel	States' constitutions
Advisory Committee on FR	Sardar Patel	Fundamental Rights and minorities
Steering Committee	Dr. Rajendra Prasad	Overall coordination

2.3 Sources of the Indian Constitution

The Indian Constitution drew inspiration from multiple sources:

Source	Borrowed Features
Government of India Act 1935	Federal structure, Governor's office, emergency provisions, Public Service Commissions
British Constitution	Parliamentary system, rule of law, single citizenship, Cabinet system, writs
US Constitution	Fundamental Rights, judicial review, independence of judiciary, preamble concept
Irish Constitution	Directive Principles of State Policy, nomination of Rajya Sabha members
Canadian Constitution	Quasi-federal structure, Residual powers with Centre
Australian Constitution	Concurrent List, freedom of trade, joint sitting of Parliament
USSR Constitution (1936)	Fundamental Duties, socialist ideals in DPSPs
Weimar Constitution (Germany)	Emergency provisions, suspension of fundamental rights during emergency
South African Constitution	Amendment procedure for some provisions

2.4 Drafting Process

The Drafting Committee presented the draft Constitution on 4 November 1948. It was debated over 11 sessions spanning 2 years, 11 months, and 18 days, with the Assembly holding 166 days of deliberations.

Key drafting statistics:

• 2,473 amendments were proposed; 284 were actually incorporated
• On adoption, the Constitution had 395 Articles, 8 Schedules

Dr. Ambedkar's concluding speech (25 November 1949) warned that constitutional morality was not natural — it had to be cultivated.

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