The members of the Constituent Assembly were elected on the basis of universal franchise.

The Provincial Legislatures elected on the basis of Provincial elections held in 1945-46, chose the representatives to the Constituent Assembly.

The Congress swept the general seats in the provincial elections, and the Muslim League captured most of the reserved Muslim seats

In the winter of 1946-47, as the Assembly deliberated, the British were still in India. An interim administration headed by Jawaharlal Nehru was in place, but it could only operate under the directions of the Viceroy and the British Government in London.