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Topic 01 — Historical Background & Demand for Constituent Assembly

Topic 01 of 6 · Chapter 01 · Indian Polity

Historical Background & Demand for Constituent Assembly

Why India needed its own Constitution, the long struggle for self-governance, and how the demand for a Constituent Assembly evolved.

1. Why India Needed Its Own Constitution

Before independence, India was governed by British-enacted laws — the Government of India Acts of 1919 and 1935 being the most significant. These laws served British colonial interests, not the aspirations of the Indian people.

💡 Key Idea: A Constitution is the supreme law of a country. It defines the structure of government, the rights of citizens, and the relationship between the state and the individual. India needed one that reflected its own values, diversity, and democratic aspirations.

The Government of India Act, 1935 — though the longest act ever passed by the British Parliament — was essentially a federal scheme imposed from outside. Indian leaders unanimously rejected it as a permanent framework for a free India.

⭐ Exam Fact: The Government of India Act, 1935 served as the interim constitution of India from August 15, 1947 until January 26, 1950, when the Indian Constitution came into force.

2. Early Demands for a Constituent Assembly

M.N. Roy’s Proposal (1934)

Manabendra Nath Roy (M.N. Roy) was the first person to put forward the idea of a Constituent Assembly for India in 1934.

Indian National Congress Demand (1935)

The INC officially demanded a Constituent Assembly for the first time in 1935.

Nehru’s Statement (1938)

In 1938, Jawaharlal Nehru formally declared that the Constitution of free India must be framed by a Constituent Assembly elected on the basis of adult franchise.

August Offer (1940)

The British Government, through the August Offer of 1940, for the first time implicitly accepted the principle that Indians should frame their own Constitution.

✅ Remember: M.N. Roy (1934) → INC demand (1935) → Nehru’s declaration (1938) → August Offer (1940) → Cripps Mission (1942) → Cabinet Mission (1946)

Cripps Mission (1942)

Sir Stafford Cripps came to India in 1942 with proposals for a Constituent Assembly after the war. Congress rejected it because:

  • It gave provinces the right to opt out of the Indian Union
  • It gave the Viceroy overriding powers
  • Gandhi called it a “post-dated cheque on a crashing bank”

3. Key Events & Milestones (Timeline)

1934
M.N. Roy first proposed the idea of a Constituent Assembly.
1935
INC officially demanded a Constituent Assembly for the first time.
1938
Nehru declared Constitution must be framed by Constituent Assembly on adult franchise.
1940
August Offer — British implicitly accepted the principle.
1942
Cripps Mission — Rejected by Congress. Gandhi: “post-dated cheque on a crashing bank.”
1946
Cabinet Mission Plan — Constituent Assembly formed. Elections held July–August 1946.
Dec 9, 1946
First meeting held. Dr. Sachchidananda Sinha — temporary President.
Dec 11, 1946
Dr. Rajendra Prasad elected permanent President. B.N. Rau appointed Constitutional Adviser.
Dec 13, 1946
Objective Resolution moved by Jawaharlal Nehru.
Aug 29, 1947
Drafting Committee constituted under Dr. B.R. Ambedkar.
Nov 26, 1949
Constitution adopted — Constitution Day / Samvidhan Divas.
Jan 26, 1950
Constitution came into force — Republic Day.

4. Cabinet Mission Plan, 1946

The Cabinet Mission was sent to India in March 1946. It consisted of three British Cabinet Ministers:

MemberPortfolio
Lord Pethick-LawrenceSecretary of State for India (Leader)
Sir Stafford CrippsPresident of the Board of Trade
A.V. AlexanderFirst Lord of the Admiralty

Key Provisions

  • Rejected the demand for a separate Pakistan
  • Proposed a three-tier federal structure
  • Provided for formation of a Constituent Assembly
  • Total strength: 389 members (296 British India + 93 Princely States)
  • Seats allocated — roughly 1 seat per 10 lakh population
⭐ After Partition: Strength reduced to 299 members when Pakistan’s representatives left.

5. First Meeting of the Constituent Assembly

DetailFact
First MeetingDecember 9, 1946
Temporary PresidentDr. Sachchidananda Sinha (eldest member)
Permanent PresidentDr. Rajendra Prasad (elected Dec 11, 1946)
Vice-PresidentsH.C. Mukherjee & V.T. Krishnamachari
Constitutional AdviserSir B.N. Rau
Muslim LeagueBoycotted the first meeting
Total Sessions11 sessions
Total Sittings166 days
Time Taken2 years, 11 months, 18 days
Cost of Framing₹64 lakh (approx.)
📌 Note: The Muslim League boycotted the first meeting, demanding a separate Constituent Assembly for Pakistan. After partition (August 1947), Muslim League members left the Assembly.

6. Key Points for Exam

🔑 Must-Remember Facts

  • M.N. Roy first proposed the idea in 1934
  • INC officially demanded in 1935
  • Nehru’s formal declaration — 1938
  • Cabinet Mission — 1946; Members: Pethick-Lawrence, Cripps, Alexander
  • Original strength: 389; After partition: 299
  • First meeting: December 9, 1946
  • Temporary President: Dr. Sachchidananda Sinha
  • Permanent President: Dr. Rajendra Prasad
  • Constitutional Adviser: Sir B.N. Rau
  • Constitution adopted: November 26, 1949 (Constitution Day)
  • Constitution enforced: January 26, 1950 (Republic Day)
  • Time taken: 2 years, 11 months, 18 days
  • Total sittings: 166 days · Cost: ₹64 lakh
  • Gandhi on Cripps: “post-dated cheque on a crashing bank”