EDITORIALS & ARTICLES

Constituent Assembly of India

As a pioneer in post-colonial nation-building, the Constituent Assembly played a crucial role in drafting the Indian Constitution, shaping the destiny of the world''s largest democracy.

Comprising 389 members with diverse backgrounds, the Constituent Assembly consisted of leaders from various social, political, and religious spectrums. Their tireless efforts and visionary outlook transformed India''s colonial past into a future rooted in equality, justice, and fundamental rights.

With a delicate balance of compromise and conviction, the Constituent Assembly crafted a constitution that reflected the aspirations and values of an independent India. By emphasizing secularism, equality, and democratic principles, this remarkable document established a framework for a progressive and inclusive nation.

Join us as we explore the fascinating journey of the Constituent Assembly, tracing its origins, challenges, and triumphs. Discover the enduring legacy that continues to shape India''s identity and inspire democratic movements around the globe.

Genesis

India''s struggle for independence from British colonial rule was marked by a strong desire for self-governance and the establishment of a democratic system. As the country moved closer to achieving independence, the need for a constituent assembly to draft a constitution became apparent. The idea of a Constituent Assembly was first proposed in the 1930s and gained momentum during the Quit India Movement in 1942.

The Indian National Congress, under the leadership of Mahatma Gandhi and Jawaharlal Nehru, demanded the formation of a Constituent Assembly to ensure that the new constitution represented the will of the people. The British government finally agreed to this demand in the Cabinet Mission Plan of 1946. The Constituent Assembly of India was established on December 9, 1946, with the objective of drafting the country''s constitution.

The creation of the Constituent Assembly was a significant milestone in India''s journey towards independence and democracy. It represented a shift from being a colony to becoming a sovereign nation with the power to determine its own destiny. The Assembly provided a platform for diverse voices and perspectives, ensuring that the constitution would be a product of collective wisdom and consensus.

Composition

The Constituent Assembly comprised members who were partly elected and partly nominated. The elected members were indirectly elected by members of the provincial legislative Assembly, who were elected on the limited franchise. 

Total Strength of the Constituent Assembly (389)

British India (296)

Princely states (93)

Note: Members of the Muslim League who were originally from Pakistani territory withdrew from the Indian Constituent Assembly. As a result, strength decreased from 296 to 229.

Note: The strength of the princely kingdoms decreased from 93 to 70 when members of the Muslim League withdrew from the Indian Constituent Assembly. 

  • From 11 governors’ provinces. (292)
  • From the four Chief Commissioners’ provinces, one from each. (4)

 

  • Seats allocated to each British province were divided among three principal communities- Muslims, Sikhs, and General, in proportion to their population.
  • The representatives of each community were elected by members of that community in the provincial legislative Assembly, and voting was Proportional Representation through Single Transferable Vote.
  • Representatives of Princely states were to be nominated by their respective heads.

The Assembly was designed to be representative of the diverse social, cultural, and religious fabric of India.

The members of the Constituent Assembly included eminent leaders, intellectuals, and representatives from various political parties. Some of the notable figures who were part of the Assembly were Jawaharlal Nehru, B.R. Ambedkar, Sardar Vallabhbhai Patel, Rajendra Prasad, Abul Kalam Azad, and Sarojini Naidu. These leaders brought with them a wealth of knowledge and experience, ensuring that the constitution would be a comprehensive and inclusive document.

 The diversity of the Constituent Assembly was not limited to its members'' political affiliations. It also included representation from different religious groups, women, scheduled castes, scheduled tribes, and other marginalized communities. This commitment to inclusivity and representation was a testament to the Assembly''s commitment to creating a constitution that would protect the rights and interests of all citizens.

Important Committees of Constituent Assembly

Committees of the Constituent Assembly

The Constituent Assembly, at various points during the Constitution-making process, appointed several committees on different aspects of the Constitution to conduct preliminary research and deliberations within smaller groups. 

Constituent Assembly Organizational Committee

The Organizational Committee of the Constituent Assembly was established to ensure the smooth functioning of the Constitution-making process. Each committee, with a distinct purpose, addressed areas such as rules, finances, state negotiations, procedural matters, and more, contributing to the efficient drafting of India’s Constitution.

Committee

Chairperson

Rules of procedure committee

Rajendra Prasad

Steering committee

Rajendra Prasad

Staff and finance committee

Rajendra Prasad

Credentials committee

A. K. Ayyar

Order of Business committee

K. M. Munshi

States (negotiating) committee

J. L.Nehru

Flag committee

Rajendra Prasad

Committee on functions of Constituent Assembly

G. V. Mavlankar

Constituent Assembly Principal Committees and their sub-committees

Other than the Organizational Committee, the Constituent Assembly also formed several Principal Committees to address key aspects of the Indian Constitution. Following are the principal committees and their sub-committees formed during this period.

Committee

Chairperson

Advisory committee onfundamental rights, minorities, Tribal areas and excluded areas

Sardar Patel

Union powers committee

J. L. Nehru

Union Constitution committee

J. L. Nehru

Provincial Constitution committee

Sardar Patel

Drafting committee

Dr. B. R. Ambedkar

Constituent Assembly Other Sectoral Committees

In addition to the organizational and principal committees, the Constituent Assembly established several Sectoral Committees to address various issues related to the nation’s governance, which are as follows.

Committee

Chairperson

Ad-hoc committee on citizenship

S. Varadachariar

Committee on chief commissioner’s provinces

N. Gopalaswami Ayyangar

Experts committee on Financial Provisions of Constitution 

N. R. Sarkar

Sub-committee on minority safeguards for West Bengal and East Punjab

Sardar Patel

Role

The Constituent Assembly had the monumental task of drafting a constitution that would lay the foundation for the newly independent India. Its primary responsibility was to frame a constitution that would define the structure of the government, establish the fundamental rights of citizens, and outline the powers and responsibilities of various branches of the government.

In addition to drafting the constitution, the Constituent Assembly also had the responsibility of ensuring that the transition from colonial rule to independent governance was smooth and seamless. It had to address various challenges, including the integration of princely states, the protection of minority rights, and the establishment of a democratic framework that would safeguard individual liberties.

The Assembly also had to navigate complex issues such as the division of powers between the center and the states, the creation of a federal structure, and the establishment of a judiciary that could guarantee the rule of law. These responsibilities required extensive deliberations, debates, and negotiations among the members of the Assembly.

Key debates and discussions

The debates and discussions in the Constituent Assembly were marked by a rich diversity of opinions and perspectives. Various issues, such as the form of government, the rights of minorities, the reservation of seats for women, and the protection of fundamental rights, were extensively debated by the members.

One of the key debates in the Assembly centered around the form of government - whether India should adopt a parliamentary system or a presidential system. Advocates of the parliamentary system argued that it would ensure greater accountability and representation, while proponents of the presidential system believed it would provide stability and prevent the concentration of power.

Another major point of contention was the reservation of seats for women in the legislature. Many members of the Assembly recognized the need for affirmative action to ensure gender equality and representation. However, there were differing opinions on the extent of reservation and the method of its implementation.

The Assembly also grappled with the question of protecting the rights of minorities. The partition of India had resulted in the displacement and marginalization of millions of people, leading to concerns about communal tensions and the need for safeguards. The debates on minority rights were shaped by the vision of a secular and inclusive India, with members striving to strike a balance between protecting minority rights and ensuring the unity and integrity of the nation.

 Drafting

The drafting of the Indian Constitution was a complex and meticulous process. A drafting committee, chaired by Dr. B.R. Ambedkar, was formed to prepare a draft constitution based on the discussions and deliberations in the Assembly. The committee, consisting of seven members, worked tirelessly to synthesize the diverse viewpoints and create a cohesive document.

The drafting committee drew inspiration from various sources, including the constitutions of different countries, the Government of India Act of 1935, and the fundamental rights enshrined in the Universal Declaration of Human Rights. It also incorporated the principles of justice, equality, and secularism that were central to India''s vision of a democratic society.

The draft constitution went through several rounds of revisions and refinements, with the members of the Assembly scrutinizing each provision and debating its merits. The Committee''s work was guided by the principles of social justice, individual liberties, and the promotion of the common good.

After extensive deliberations and amendments, the final draft of the constitution was submitted to the Assembly on November 26, 1949. The adoption of the constitution marked a historic moment in India''s history, as it symbolized the culmination of years of struggle and the beginning of a new era of governance and democracy.

Making of the Indian Constitution Timeline

The Indian Constitution was made by the Constituent Assembly, which came into existence as per the provisions of the Cabinet Mission of May 1946. Its task was to formulate a Constitution for facilitating the appropriate transfer of sovereign power from British authorities to Indian hands. 

  • 9 December 1946: The Constituent Assembly sat for the first time.
  • 11 December 1946:Rajendra Prasad as President, Harendra Coomar Mookerjee and V.T. Krishnamachari as the Vice Presidents were elected, and B. N. Rau as Constitutional legal advisor was appointed.
  • 13 December 1946:  Jawaharlal Nehru introduced the famous "Objective Resolution" in the Assembly, which laid down the philosophy of the Constitution of India.
    • It is geared toward fostering economic and political security in India through a written Constitution and declaring India a Sovereign, Democratic Republic.
    • It fostered the formulation of a federal with the even-handed distribution of powers between the Centre and the states.
    • It strives to secure equality, justice, and freedom of thought, expression, belief, faith, association, and associated action for each subject of the country.
    • It is geared toward providing necessary protection to the minority and backward section of society.
    • It strives to secure the integrity of the territory of the Indian republic and follow the law of any civilized nation to secure rights on land, sea, and air.
  • 22 January 1947: The Resolution was unanimously adopted by the Assembly. 
  • July 1947- Indian Independence act, 1947: The Act made the following changes in the position of the Constituent Assembly:
  • The Assembly was given complete autonomy and the power to draft any Constitution it chose. 
  • The Act gave the Assembly the authority to annul or amend any law passed by the British Parliament regarding India.
  • The Assembly was also given legislative authority. As a result, the Assembly was elected as India''s first free Parliament (Dominion Legislature). Dr. Rajendra Prasad presided over meetings of the Assembly as the Constituent body, and G.V. Mavlankar presided over those of the Assembly as the Legislative body.
  • July - October 1947: Preparation of the first draft by the Constitutional advisor, Constitutional Advisor started putting together the first draft of the Constitution by aligning the reports already discussed and adopted.
  • 22 July 1947: The Constituent Assembly adopted the National flag.
  • October 1947- February 1948: Deliberations in Drafting Committee and resultant draft Constitution, Drafting committee produced the draft Constitution by February 21, 1948,which contained 315 Articles and 8 Schedules. 
  • 4 November 1948 - 9 November 1948 (First reading): Drafting committee published the draft Constitution of India in February 1948. The draft was introduced in the Assembly in November 1948. 
  • 15 November 1948 – 17 October 1949 (Second reading): Clause-by-clause draft discussion was conducted in the Assembly.
  • May 1949: The Constituent Assembly accepted and approved India''s membership of the British Commonwealth
  • 14 November 1949 - 26 November 1949 (Third reading): The Assembly finished the third reading.
  • 26 November 1949: The Constituent Assembly passed and adopted the Constitution of India. 
  • 24 January 1950: The Constituent Assembly elected Dr. Rajendra Prasad as the first President of India and, adopted the National anthem and National song

Contributions of prominent members of the Constituent Assembly

The Constituent Assembly of India was graced by the presence of several prominent members who played a crucial role in shaping the country''s constitution. Each member brought their unique perspectives and expertise, contributing to the richness and comprehensiveness of the final document.

Jawaharlal Nehru, the first Prime Minister of India, was instrumental in shaping the vision and principles of the constitution. His commitment to secularism, social justice, and democracy guided the Assembly''s deliberations and influenced the final outcome.

Dr. B.R. Ambedkar, the principal architect of the constitution, played a pivotal role in drafting the document and ensuring the inclusion of provisions that would protect the rights and interests of marginalized communities. He championed the cause of social justice and fought for the abolition of untouchability, leading to the inclusion of affirmative action measures in the constitution.

Sardar Vallabhbhai Patel, known as the "Iron Man of India," played a crucial role in the integration of princely states and the consolidation of the nation. His leadership and diplomacy were instrumental in ensuring the unity and integrity of India, which found reflection in the constitution.

Other members, such as Rajendra Prasad, Abul Kalam Azad, and Sarojini Naidu, also made significant contributions to the drafting process. Their commitment to democratic values, human rights, and social equality helped shape the constitution into a progressive and inclusive document.

 Adoption and implementation of the Constitution of India

After the final draft of the constitution was presented to the Assembly, it underwent a thorough examination and discussion. Every article and provision was debated, amended, and voted upon, ensuring that it received the broadest consensus possible. On January 26, 1950, the constitution was adopted, and India officially became a republic.

The adoption of the constitution was a momentous occasion, symbolizing the culmination of years of struggle and the dawn of a new era. It marked the transition from a British colony to an independent nation governed by its own laws and principles.

The constitution not only established the structure of the government but also enshrined the fundamental rights and freedoms of the citizens. It provided a framework for the protection of individual liberties, the promotion of social justice, and the establishment of a welfare state.

The implementation of the constitution posed its own set of challenges. The newly independent India had to grapple with issues such as poverty, illiteracy, and social inequality. However, the constitution provided the necessary tools and mechanisms to address these challenges and create a more just and equitable society.

When did the Constitution come into force?

As per the provisions in the Constitution, it formally commenced on January 1950, bringing it into force in its entirety. This date was chosen to commemorate the declaration of ‘Poorna Swaraj’ by J.L. Nehru at an annual session of the Congress in Lahore in 1929. 

  • Some of the Constitution''s provisions, included in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, and 393, relating to citizenship, elections, a provisional parliament, temporary and transitional laws, and short titles, came into effect on November 26, 1949.
  • The remaining provisions of the Constitution took effect on January 26, 1950, and the entire Constitution was enforced. This day is celebrated as Republic Day

 Impact and legacy of the Constituent Assembly

The Constituent Assembly of India left an indelible impact on the country''s history and identity. Its commitment to democracy, secularism, and social justice laid the foundation for a progressive and inclusive nation.

The constitution, crafted by the Assembly, has stood the test of time and continues to serve as a guiding light for the nation. It has provided a framework for governance, protected fundamental rights, and ensured the independence and integrity of the judiciary.

The legacy of the Constituent Assembly extends beyond India''s borders. Its emphasis on democracy, human rights, and social justice has inspired democratic movements around the world. The Indian constitution has served as a model for many nations striving to establish democratic institutions and protect the rights of their citizens.

Criticism of Constituent Assembly

Several scholars and Constitutional experts have criticized the Constituent Assembly on various grounds. These are as follows: 

  • Not a representative Body: Its members were not directly elected based on the universal adult franchise.
  • Not a Sovereign Body: It was created by the British proposals, and its sessions were held with the permission of the British Government.
  • Time-Consuming: It took an unduly long time to frame the Constitution, on the other hand the American Constitution was formed in 4 months. 
  • Dominated by CongressGranville Austin commented that “The Constituent Assembly was one party body in an essentially one-party country. The Assembly was the Congress, and the Congress was India".
  • Lawyer-Politician Domination: Scholars maintain that they dominated the Constituent Assembly and are not representative of other sections. 
  • Dominated by HindusWinston Churchill commented that the Constituent Assembly represents "Only one major community in India".

Despite these criticisms, we may assert that our founding parliament was a collection of India''s finest, who helped make the Indian Constitution the most dependable and wisest among all national Constitutions.

Conclusion

The Constituent Assembly of India played a pivotal role in shaping the destiny of the nation. Its tireless efforts, visionary outlook, and commitment to democratic principles transformed India''s colonial past into a future rooted in equality, justice, and fundamental rights.

Through extensive debates, discussions, and compromises, the Assembly crafted a constitution that reflected the aspirations and values of an independent India. The constitution has provided a framework for governance, protected individual liberties, and ensured social justice.

The impact and legacy of the Constituent Assembly continue to shape India''s identity and inspire democratic movements worldwide. Its commitment to democracy, secularism, and social justice remains a beacon of hope and a testament to the power of collective wisdom and consensus. The Constituent Assembly will forever be remembered as the architect of India''s democratic framework, a legacy that generations to come will cherish and uphold.







POSTED ON 09-12-2024 BY ADMIN
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