Criticism of the Constituent Assembly

Criticism of the Constituent Assembly refers to the set of objections raised — by historians, political commentators, and even some of its own members — against the body that drafted India's Constitution between 1946 and 1949. The criticisms range from doubts about how representative the Assembly actually was to the charge that the document it produced was not original but assembled from provisions borrowed from other countries and from the colonial-era Government of India Act, 1935.

How the Constituent Assembly Was Formed

The Constituent Assembly was set up in November 1946 under the scheme proposed by the Cabinet Mission, with a sanctioned strength of 389 members.

Within the 296 seats for British India, representation was further divided among the Muslim, Sikh, and General communities on a proportional basis. Elections to these seats were held in July–August 1946:

The 93 seats reserved for the princely states stayed vacant because the states chose to stay away from this round of elections — a fact later cited whenever the Assembly's representative character is questioned.

The Assembly held its first sitting on 9 December 1946, with Dr Sachchidananda Sinha serving as Provisional President before Dr Rajendra Prasad took over. After the transfer of power, it reassembled on 14 August 1947 as a fully sovereign Constituent Assembly for the Dominion of India, with membership recast to 299 — elected from the provinces and appointed from the states — by 31 October 1947.

Timeline to Adoption

The Constitution as adopted contained a Preamble, 395 Articles, and 8 Schedules. Of the Assembly's members, only 284 were actually present to sign the document on 26 November 1949. The Preamble itself was formally enacted only after the rest of the Constitution had already been passed — a sequencing sometimes noted when the Assembly's working method is discussed.

Grounds on Which the Constituent Assembly Has Been Criticised

A "borrowed" or unoriginal Constitution

The most frequently repeated criticism is that the Constitution framed by the Assembly was not an original document but a compilation of features drawn from constitutions of other countries, with critics dismissing it as an unoriginal patchwork rather than a genuinely Indian creation.

Continuity with the Government of India Act, 1935

A closely linked criticism is that the new Constitution was, in substance, a continuation of the colonial Government of India Act, 1935, with many of its provisions carried over almost unchanged. P.R. Deshmukh, himself a member of the Constituent Assembly, put this bluntly during the debates, remarking that the Constitution was "essentially the Government of India Act of 1935 with only adult franchise added."

How representative was the Assembly?

Because the 93 seats meant for the princely states initially went unfilled — the states having stayed out of the July–August 1946 elections — and because the elected seats were filled through provincial legislatures rather than through direct adult-franchise voting, questions have also been raised about how fully the Assembly represented the country as a whole when it began its work.

Dr B.R. Ambedkar's Response

Dr B.R. Ambedkar, who chaired the Drafting Committee, directly answered the "borrowed provisions" charge on the floor of the Constituent Assembly. Responding to the accusation that the Draft Constitution had reproduced much of the Government of India Act, 1935, he said he made "no apologies," arguing that borrowing "involves no plagiarism" since nobody holds "patent rights" over the fundamental ideas of constitutional government. His position was that adapting provisions already tested elsewhere reflected practical constitution-making, not a lack of original thought.

UPSC Relevance

Prelims

• Composition and seat allocation of the Constituent Assembly (389 total: 296 British India + 93 princely states)
• Key dates: first sitting (9 December 1946), Drafting Committee formed (29 August 1947), Constitution adopted (26 November 1949)
• Provisional President: Dr Sachchidananda Sinha; permanent President: Dr Rajendra Prasad
• Chairman of the Drafting Committee: Dr B.R. Ambedkar

Mains

• Examine the criticism that the Indian Constitution is a "borrowed" document. Is this criticism justified? (GS II)
• Discuss how representative the Constituent Assembly was of India's social and political diversity at the time of its formation. (GS I / GS II)
• Analyse Ambedkar's defence of borrowing constitutional provisions from other countries and from the Government of India Act, 1935.

FAQ

Q1. What is the main criticism of the Constituent Assembly? The most common criticism is that the Constitution it produced was not original but borrowed heavily from other countries' constitutions and from the Government of India Act, 1935.

Q2. Who criticised the Constitution for being close to the Government of India Act, 1935? P.R. Deshmukh, a member of the Constituent Assembly, said the Constitution was essentially the 1935 Act with adult franchise added.

Q3. How did Dr B.R. Ambedkar respond to the "borrowed Constitution" criticism? Ambedkar said he made no apology for borrowing, stating that nobody holds "patent rights" over the fundamental ideas of constitutional government and that borrowing does not amount to plagiarism.

Q4. Was the Constituent Assembly directly elected by the people? No. Its members were elected by the provincial legislative assemblies and, for the princely states, nominated — not chosen through direct adult-franchise elections of the whole population.

Q5. Did all the Assembly's members sign the final Constitution? No. Of its total strength, only 284 members were present to sign the Constitution on 26 November 1949.

Quick Revision

• Constituent Assembly formed: November 1946, under the Cabinet Mission Plan
• Total strength: 389 (296 British India + 93 princely states)
• First sitting: 9 December 1946; Provisional President: Dr Sachchidananda Sinha
• Reassembled as a sovereign body: 14 August 1947; recast to 299 members by 31 October 1947
• Drafting Committee formed: 29 August 1947, chaired by Dr B.R. Ambedkar
• Draft Constitution published: February 1948; Constitution adopted: 26 November 1949
• Key criticisms: "borrowed Constitution," continuity with the Government of India Act 1935, representativeness of composition
• Ambedkar's defence: borrowing is not plagiarism; no one holds a patent on constitutional ideas

Sources

• The Constitution of India — https://legislative.gov.in/constitution-of-india/
• Ministry of Law and Justice, Government of India — https://legislative.gov.in/

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
• The Constitution of India — Bare Act — the official text.

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