Chapter 2 · Topic 2.1 · Prelims + Mains1 of 3

Constituent Assembly: Demand, composition and working

Key points

  • Idea: M.N. Roy (1934); Congress demand 1935; Nehru 1938; August Offer 1940 accepts;
  • 389 seats: 296 British India (292 + 4) + 93 princely states; one per million; provinces elected
  • 1946 results: Congress 208, League 73, others 15. After Partition: 299.
  • First sitting 9 Dec 1946 (Sinha, temporary President); Prasad elected 11 Dec; Vice-Presidents
  • Objectives Resolution: moved 13 Dec 1946, adopted 22 Jan 1947 → Preamble. After 1947:

Prelims box: facts and traps

FeatureCabinet Mission scheme (1946)
Total strength389: 296 for British India (292 from the Governors' provinces, 4 from the Chief Commissioners' provinces) and 93 for the princely states
Basis of seatsRoughly one seat per million population
CommunitiesEach province's seats split among Muslims, Sikhs and General in proportion to their population
ProvincesMembers of each community elected by that community's members in the Provincial Legislative Assembly, by proportional representation through the single transferable vote
Princely statesRepresentatives nominated by the heads of the states.
  • effect of 1947 The Assembly first met on 9 December 1946, with 211 members present; the Muslim League boycotted it.
  • 1940 August Offer The British Government accepted the demand in principle. 1942 Cripps proposals An elected constitution-making body after the war; rejected by the Muslim League, which wanted two assemblies.
  • The Constituent Assembly was constituted in November 1946 under the scheme of the Cabinet Mission Plan, announced in May 1946.
  • Trap: “The Indian National Congress first officially demanded a Constituent Assembly in 1946” is wrong. The Congress first officially demanded a Constituent Assembly in 1935.
  • Trap: “The Muslim League attended the first meeting of the Constituent Assembly” is wrong. The Muslim League boycotted the meeting, insisting on a separate State of Pakistan; so only 211 members attended.
On this page (3 sections)
  1. The demand for a Constituent Assembly
  2. Composition: how members were chosen
  3. Working: first sitting, Objectives Resolution and the

The demand for a Constituent Assembly

A constituent assembly is a body elected to write a constitution. For Indians the idea carried a political point: the constitution should be made by Indians, not handed down by the British Parliament as every Act from 1773 to 1935 had been.

1934M.N. RoyFirst put forward the idea of a Constituent Assembly for India.
1935Congress demandThe Indian National Congress officially demanded a Constituent Assembly to frame the Constitution.
1938Nehru’s formulaJawaharlal Nehru: the constitution of free India must be framed, without outside interference, by an assembly elected on adult franchise.
1940August OfferThe British Government accepted the demand in principle.
1942Cripps proposalsAn elected constitution-making body after the war; rejected by the Muslim League, which wanted two assemblies.
1946Cabinet MissionRejected two assemblies, and set out the scheme under which the Assembly was actually formed.

→ Historical Background The Cripps and Cabinet Mission proposals in detail.

Composition: how members were chosen

FeatureCabinet Mission scheme (1946)
Total strength389: 296 for British India (292 from the Governors’ provinces, 4 from the Chief Commissioners’ provinces) and 93 for the princely states
Basis of seatsRoughly one seat per million population
CommunitiesEach province’s seats split among Muslims, Sikhs and General in proportion to their population
ProvincesMembers of each community elected by that community’s members in the Provincial Legislative Assembly, by proportional representation through the single transferable vote
Princely statesRepresentatives nominated by the heads of the states

So the Members of the Constituent Assembly from the Provinces were elected by the Provincial Legislative Assemblies, not directly by the people, and not nominated by parties. The Assembly was therefore partly elected and partly nominated, and its elected members were chosen indirectly by legislators who had themselves been elected on a limited franchise.

Asked by UPSCUPSC Prelims 2013 · GS Paper I · Q9

With reference to Indian History, the Members of the Constituent Assembly from the Provinces were

  1. directly elected by the people of those Provinces
  2. nominated by the Indian National Congress and the Muslim League
  3. elected by the Provincial Legislative Assemblies
  4. selected by the Government for their expertise in constitutional matters
Show answer

Answer: (c) · UPSC official key

Elections for the 296 British Indian seats were held in July–August 1946. The Congress won 208, the Muslim League 73, and small groups and independents the remaining 15. The princely states stayed away at first. Though not elected on adult franchise, the Assembly had members from every major community, including women and the Scheduled Castes.

i PRELIMS TRAP Not directly elected; not elected on adult franchise; not wholly nominated. The correct phrase is ‘indirectly elected by the Provincial Legislative Assemblies (provinces) + nominated (princely states)’.

Working: first sitting, Objectives Resolution and the

effect of 1947 The Assembly first met on 9 December 1946, with 211 members present; the Muslim League boycotted it. Following French practice, the oldest member, Dr. Sachchidananda Sinha, was elected the temporary President. On 11 December 1946 Dr. Rajendra Prasad was elected President. So the provisional president of the Assembly was Sinha, option (d) of the 2024 question.

Asked by UPSCUPSC Prelims 2024 · GS Paper I · Q61

Who was the Provisional President of the Constituent Assembly before Dr. Rajendra Prasad took over ?

  1. C. Rajagopalachari
  2. Dr. B.R. Ambedkar
  3. T.T. Krishnamachari
  4. Dr. Sachchidananda Sinha
Show answer

Answer: (d) · UPSC official key

H.C. Mukherjee and V.T. Krishnamachari were elected Vice-Presidents. On 13 December 1946 Nehru moved the Objectives Resolution, which set out the philosophy of the Constitution: an independent sovereign republic; all power derived from the people; justice, equality and freedoms for all; safeguards for minorities, backward and tribal areas and depressed classes. The Assembly adopted it on 22 January 1947. Its modified form became the Preamble.

Change made by the Indian Effect on the Assembly Independence Act, 1947

Fully sovereignFree to frame any constitution and to change any British law in India
Also a legislatureIt became the first legislature of free India. As the Constituent body it was chaired by Rajendra Prasad; as the legislature, by G.V. Mavalankar
StrengthMembers from the areas that went to Pakistan withdrew; the strength fell from 389 to 299 (229 provinces, 70 princely states)

It did other work too: it ratified India’s membership of the Commonwealth (May 1949), adopted the national flag (22 July 1947), adopted the national anthem and national song (24 January 1950) and elected Rajendra Prasad the first President of India (24 January 1950).

→ Preamble How the Objectives Resolution became the Preamble.

Mains box: analysis and answer points

  • The Assembly was therefore partly elected and partly nominated, and its elected members were chosen indirectly by legislators who had themselves been elected on a limited franchise.
  • A constituent assembly is a body elected to write a constitution.
  • For Indians the idea carried a political point: the constitution should be made by Indians, not handed down by the British Parliament as every Act from 1773 to 1935 had been.
  • Likely next angle: A chronology question: Roy, Congress demand, August Offer, Cripps, Cabinet Mission

Practice

Practice MCQs (8)

Q1 · Battle IAS practice

Consider the following statements:
1. The first meeting of the Constituent Assembly was held on 9 December 1946.
2. The Muslim League attended the first meeting of the Constituent Assembly.
Which of the statements given above is/are correct?

Answer (a) & explanation

Statement 1 is correct: the Constituent Assembly held its first meeting on 9 December 1946. Statement 2 is incorrect: the Muslim League boycotted the meeting, insisting on a separate State of Pakistan; so only 211 members attended. The League's members never took part in the Assembly as a body, and after partition the members from areas that went to Pakistan formed a separate Constituent Assembly there. The Indian Assembly went on to elect its permanent President on 11 December 1946.

Q2 · Battle IAS practice

The idea of a Constituent Assembly for India was first put forward in 1934 by

Answer (a) & explanation

The idea of a Constituent Assembly for India was first put forward in 1934 by M. N. Roy, a pioneer of the communist movement in India. The Indian National Congress took it up as an official demand in 1935. In 1938, Jawaharlal Nehru declared that the constitution of free India must be framed by a Constituent Assembly elected on the basis of adult franchise, without outside interference. The British accepted the demand in principle only in the August Offer of 1940.

Q3 · Battle IAS practice

Following the French practice of letting the oldest member preside, who was elected the temporary President of the Constituent Assembly at its first meeting?

Answer (b) & explanation

At its first meeting on 9 December 1946, the Assembly elected Sachchidananda Sinha, its oldest member, as temporary President, following the French practice of letting the senior-most member preside at an inaugural sitting. On 11 December 1946, Rajendra Prasad was elected the permanent President. H. C. Mukherjee and V. T. Krishnamachari later served as Vice-Presidents, and B. N. Rau was the Assembly's constitutional adviser, who prepared the first draft of the Constitution.

Q4 · Battle IAS practice

With reference to the demand for a Constituent Assembly, consider the following statements:
1. The Indian National Congress first officially demanded a Constituent Assembly in 1946.
2. The British Government accepted the demand in principle in the August Offer of 1940.
Which of the statements given above is/are correct?

Answer (b) & explanation

Statement 2 is correct: in the August Offer of 1940, the British Government accepted in principle that framing India's constitution was primarily the responsibility of Indians, after the war. The Cripps Proposals of 1942 offered a constitution-making body but were rejected. Statement 1 is incorrect: the Congress first officially demanded a Constituent Assembly in 1935. The year 1946 is when the Assembly was actually constituted under the Cabinet Mission Plan.

Q5 · Battle IAS practice

Consider the following statements:
1. The total strength of the Constituent Assembly under the Cabinet Mission scheme was 299.
2. The representatives of each community from a province were elected by the members of all communities in that provincial assembly voting together.
Which of the statements given above is/are correct?

Answer (d) & explanation

Both statements are incorrect. Under the Cabinet Mission scheme, the Assembly was to have 389 members: 296 from British India and 93 from the princely States. The strength fell to 299 only after the partition of 1947, when members from areas that went to Pakistan left. On the method of election, each province's seats were divided among three communities, General, Muslim and Sikh, and the representatives of each community were elected only by the members of that community in the provincial assembly, by proportional representation through the single transferable vote.

Q6 · Battle IAS practice

The Constituent Assembly of India was constituted in November 1946 under the scheme formulated by the

Answer (c) & explanation

The Constituent Assembly was constituted in November 1946 under the scheme of the Cabinet Mission Plan, announced in May 1946. The Plan fixed the total strength, the allotment of seats to provinces and princely States, and the method of election by provincial assemblies. The Cripps Proposals (1942) had offered an elected constitution-making body after the war but were rejected. The Wavell Plan failed at the Simla Conference of 1945, and the Mountbatten Plan of June 1947 dealt with partition.

Q7 · Battle IAS practice

Which one of the following statements about the Constituent Assembly as constituted in 1946 is NOT correct?

Answer (d) & explanation

Option (d) is the incorrect statement. The representatives of the princely States were to be nominated by the heads of the States, the rulers, not elected by their people. So the Assembly was a partly elected and partly nominated body. Its provincial members were indirectly elected by the provincial legislative assemblies, and those assemblies had been chosen on a limited franchise. Critics later used these points to argue that the Assembly was not fully representative, though its members came from most sections of society.

Q8 · Battle IAS practice

Consider the following statements about the Constituent Assembly as planned in 1946:
1. 296 seats were allotted to British India.
2. 93 seats were allotted to the princely States.
3. Seats were reserved for women in every province.
4. Seats in each province were divided only between Hindus and Muslims.
How many of the statements given above are correct?

Answer (b) & explanation

Only two statements are correct. Of the 389 seats under the Cabinet Mission scheme, 296 were allotted to British India (292 from the eleven Governors' provinces and 4 from the Chief Commissioners' provinces) and 93 to the princely States. Statement 3 is incorrect: there was no reservation for women, though about fifteen women did become members. Statement 4 is incorrect: provincial seats were divided among three communities, General, Muslim and Sikh, the last only in Punjab.

0 / 0 correct

Prelims PYQs on this topic (2)

UPSC Prelims 2024 · GS Paper I

Who was the Provisional President of the Constituent Assembly before Dr. Rajendra Prasad took over ?

Answer (d) & explanation

Dr. Sachchidananda Sinha was the Provisional President (d). At the first sitting of the Constituent Assembly on 9 December 1946, the oldest member, Dr. Sachchidananda Sinha, was made temporary President, following the French practice. Dr. Rajendra Prasad was elected permanent President on 11 December 1946. Option (a) is wrong: C. Rajagopalachari was not its President. Option (b) is wrong: Dr. B.R. Ambedkar chaired the Drafting Committee. Option (c) is wrong: T.T. Krishnamachari was a member of that committee.

Notice other key roles: H.C. Mukherjee was Vice-President, B.N. Rau the Constitutional Adviser, and Nehru moved the Objectives Resolution on 13 December 1946. The Constitution was adopted on 26 November 1949.

Trap

famous names from the Assembly. Each had a different role, so tie the name to the post.

Answer as per the official UPSC answer key.

Open this question's page →

UPSC Prelims 2023 · GS Paper I

Consider the following statements in respect of the Constitution Day :

Statement-I :

  • The Constitution Day is celebrated on 26th November every year to promote constitutional values among citizens.

Statement-II :

  • On 26th November, 1949, the Constituent Assembly of India set up a Drafting Committee under the Chairmanship of Dr. B. R. Ambedkar to prepare a Draft Constitution of India.

Which one of the following is correct in respect of the above statements?

Answer (c) & explanation

Statement I is correct but Statement II is wrong (c). Statement I is right: Constitution Day, or Samvidhan Divas, has been observed on 26 November since 2015 to promote constitutional values. That is the day in 1949 when the Constituent Assembly adopted the Constitution. Statement II is wrong: the Drafting Committee under Dr B.R. Ambedkar was set up much earlier, on 29 August 1947. The statement has the right person but the wrong event.

Notice the dates: the Constitution came into force on 26 January 1950, chosen because the Congress had declared Purna Swaraj on 26 January 1930. Some provisions, such as citizenship and elections, took effect on 26 November 1949 itself. 2025 marked 75 years of adoption.

Trap

26 November is real, so the date feels safe. Ask what happened on it.

Answer as per the official UPSC answer key.

Open this question's page →

Write an answer

In 150 words, explain the significance of Constituent Assembly with one recent example.

Flashcards (11)

Who first put forward the idea of a

Constituent Assembly for India? M.N. Roy (1934).

Which offer first accepted the demand in

principle? The August Offer, 1940.

Total strength of the Assembly under the

Cabinet Mission plan? 389 (296 British India + 93 princely states).

How were members from the provinces

chosen? Elected by the Provincial Legislative Assemblies (single transferable vote).

How were members from the princely

states chosen? Nominated by the heads of the states.

Seats won by the Congress in the 1946

elections to the Assembly? 208 of 296.

When did the Assembly first meet?

9 December 1946.

Who was the provisional (temporary)

President of the Assembly? Dr. Sachchidananda Sinha.

Who moved the Objectives Resolution, and

when? Nehru, 13 December 1946 (adopted 22 January 1947).

Who chaired the Assembly when it met as

the legislature? G.V. Mavalankar.

Strength of the Assembly after Partition?

299.

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