Making of the Constitution

POLITY for Civil services

October 8, 2024October 8, 2024 deepanalysis

Making of the constitution

 

1. Background of Constituent Assembly
2. Composition of Constituent Assembly
   1. Was constituent assembly representative of all sections?
3. Working of Constituent Assembly
4. Functions of Constituent Assembly
5. Committees of Constituent Assembly
   1. Major committees
   2. Minor committees
   3. Drafting committee
6. Enactment of the constitution
7. Enforcement of the constitution
8. Experts committee of congress
9. Criticism of Constituent Assembly
10. Miscellaneous facts

Constituent Assembly

 

 

Background:

• 1934: N. Roy, a pioneer of the communist movement in India, first proposes the idea of a Constituent Assembly for India.
• 1935: The Indian National Congress (INC) officially demands a Constituent Assembly to frame the Constitution of India.
• 1938: Jawaharlal Nehru, on behalf of the INC, declares that the Constitution of free India must be framed by a Constituent Assembly elected on the basis of adult franchise, without outside interference.
• 1940: The British Government accepts the demand for a Constituent Assembly in principle through the ‘August Offer’.
• 1942: Sir Stafford Cripps, a member of the British Cabinet, presents a draft proposal for an independent Constitution to be adopted after World War II. The Cripps Proposals are rejected by the Muslim League, which demands the division of India into two autonomous states with separate Constituent Assemblies.
• Cabinet Mission: Sent to India after the rejection of the Cripps Proposals. The Cabinet Mission rejects the idea of two Constituent Assemblies and proposes a scheme for a single Constituent Assembly, which more or less satisfied the Muslim League.

 

 

Composition:

The Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan.

• The Constituent Assembly had a total strength of 389 members: 296 from British India and 93 from princely states.
• British India’s 296 seats included 292 from eleven governors’ provinces and four from four Chief Commissioners’ provinces, one from each.
• Seats were allocated based on population, with roughly one seat per million people.
• British province seats were divided among Muslims, Sikhs, and the General category (all others) proportionally.
• Community representatives were elected by members of their community in provincial legislative assemblies using proportional representation and single transferable vote.
• Representatives from princely states were nominated by the heads of those states.

 

 

Was constituent assembly representative of all sections?

• The Constituent Assembly was a partly elected and partly nominated body. Its members were indirectly elected by provincial assembly members, who were themselves elected on a limited franchise.
• Elections for the 296 seats in British Indian Provinces were held in July-August 1946.
  • Indian National Congress: 208 seats
  • Muslim League: 73 seats
  • Small groups and independents: 15 seats
• The 93 seats for princely states remained unfilled as they chose to stay away.
• The Constituent Assembly was not directly elected by the people on an adult franchise basis.
• The Assembly included representatives from all sections of Indian society: Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Indian Christians, SCs, STs, and women from all these groups.
• Women participation: Fifteen female members, all freedom fighters, were part of the Constituent Assembly. These women played active roles in the Presidential panel and various sub-committees. Among them were prominent figures such as Rajkumari Amrit Kaur, Sarojini Naidu, Sucheta Kripalani, Vijaya Lakshmi Pandit, and Durgabai Deshmukh.
• Notable exception: Mahatma Gandhi was not a member of the Assembly.

 

 

Working:

• The Constituent Assembly’s first meeting was on December 9, 1946.
• The Muslim League boycotted the meeting, demanding a separate state of Pakistan.
• Only 211 members attended the first meeting.
• Sachchidananda Sinha, the oldest member, was elected as the temporary President, following the French practice.
• Rajendra Prasad was later elected as the President of the Assembly.
• C. Mukherjee and V.T. Krishnamachari were elected as Vice-Presidents, giving the Assembly two Vice-Presidents.
• The Constituent Assembly convened for a total of 11 sessions spanning two years, 11 months, and 18 days.
• During this time, the Constitution-makers extensively studied the constitutions of approximately 60 countries.
• The Draft Constitution was deliberated upon for 114 days.
• The total expenditure for the Constitution-making process amounted to ₹64 lakh.
• On January 24, 1950, the Constituent Assembly held its final session.
• Instead of disbanding, it continued as the provisional parliament of India from January 26, 1950, until the formation of the new Parliament after the first general elections in 1951–52.

 

 

Objective Resolution On December 13, 1946, Jawaharlal Nehru moved the historic ‘Objectives Resolution’ in the Assembly, laying down the fundamentals and philosophy of the constitutional structure. It stated following points: ·         The Constituent Assembly commits to declaring India an Independent Sovereign Republic and drafting its future governance constitution. ·         British India, Indian States, and other willing territories unite to form an independent and sovereign India. ·         Territories, whether with current or amended boundaries, retain autonomy, and exercise all governmental powers except those expressly assigned to the Union. ·         Power and authority in independent India derived from the people. ·         All citizens are guaranteed justice, social, economic, and political, along with equality of opportunity and before the law. ·         Freedom of thought, expression, belief, faith, worship, vocation, association, and action is upheld, within the bounds of law and public morality. ·         Adequate safeguards are provided for minorities, backward and tribal areas, and disadvantaged classes. ·         The Republic maintains territorial integrity and sovereign rights on land, sea, and air in accordance with justice and international law. ·         India takes its rightful place in the global community, contributing willingly to world peace and human welfare. ·         Significance: –          The Objective Resolution was unanimously adopted by the Assembly on January 22, 1947. –          It influenced the eventual shaping of the constitution through all its subsequent stages. –          Its modified version forms the Preamble of the present Constitution.

 

 

Functions:

Apart from crafting the Constitution and passing ordinary laws, the Constituent Assembly also fulfilled these roles:

• It ratified the India’s membership of the Commonwealth in May 1949.
• It adopted the national flag on July 22, 1947.
• It adopted the national anthem on January 24, 1950.
• It adopted the national song on January 24, 1950.
• It elected Dr. Rajendra Prasad as the first President of India on January 24, 1950.

 

 

Committees of Constituent Assembly

Major Committees:

• Union Powers Committee – Jawaharlal Nehru
• Union Constitution Committee -Jawaharlal Nehru
• Provincial Constitution Committee -Sardar Patel
• Drafting Committee – Dr. B.R. Ambedkar
• Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas – Sardar Patel. This committee had the following five sub-committees:
  • Fundamental Rights Sub-Committee – J.B. Kripalani
  • Minorities Sub-Committee – H.C. Mukherjee
  • North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee -Gopinath Bardoloi
  • Excluded and Partially Excluded Areas (other than those in Assam) Sub-Committee – A.V. Thakkar
  • North-West Frontier Tribal Areas Sub-Committee
• Rules of Procedure Committee – Dr. Rajendra Prasad
• States Committee (Committee for Negotiating with States) – Jawaharlal Nehru
• Steering Committee – Dr. Rajendra Prasad

 

Minor Committees:

• Finance and Staff Committee – Dr. Rajendra Prasad
• Credentials Committee – Alladi Krishnaswami Ayyar
• House Committee – B. Pattabhi Sitaramayya
• Order of Business Committee – Dr. K.M. Munshi
• Ad-hoc Committee on the National Flag – Dr. Rajendra Prasad
• Committee on the Functions of the Constituent Assembly – G.V. Mavalankar
• Ad-hoc Committee on the Supreme Court – S. Varadachari (Not an Assembly Member)
• Committee on Chief Commissioners’ Provinces – B. Pattabhi Sitaramayya
• Expert Committee on the Financial Provisions of the Union Constitution -Nalini Ranjan Sarkar (Not an Assembly Member)
• Linguistic Provinces Commission – S.K. Dar (Not an Assembly Member)
• Special Committee to Examine the Draft Constitution – Jawaharlal Nehru
• Press Gallery Committee – Usha Nath Sen
• Ad-hoc Committee on Citizenship – S. Varadachari (Not an Assembly Member)

 

Drafting Committee:

• The Drafting Committee, formed on August 29, 1947, was pivotal among all the committees of the Constituent Assembly.
• It was tasked with the crucial responsibility of preparing the initial draft of the new Constitution of India.
• The committee comprised seven members, with Dr. B.R. Ambedkar serving as the Chairman.
• Other members included N. Gopalaswamy Ayyangar, Alladi Krishnaswamy Ayyar, Dr. K.M. Munshi, Syed Mohammad Saadullah, N. Madhava Rau (who replaced B.L. Mitter due to ill-health), and T.T. Krishnamachari (who replaced D.P. Khaitan after his demise in 1948).
• The Drafting Committee, after considering proposals from various committees, prepared the first draft of the Constitution, which was published in February 1948.
• A period of eight months was allocated for public discussion and the submission of amendments to the draft.
• Taking into account public feedback, criticisms, and suggestions, the Drafting Committee prepared a second draft, which was published in October 1948.
• It completed its task in less than six months, convening for a total of 141 days.

 

 

Enactment of the Constitution:

• Introduction of Final Draft:
  • B.R. Ambedkar introduced the final draft of the Constitution on November 4, 1948.
  • The Assembly held a general discussion on the draft for five days, ending on November 9, 1948.
• Second Reading:
  • The clause-by-clause consideration began on November 15, 1948, and concluded on October 17, 1949.
  • A total of 7,653 amendments were proposed, with 2,473 amendments discussed.
• Third Reading:
  • The third reading commenced on November 14, 1949.
  • B.R. Ambedkar moved the motion to pass the Constitution, which was adopted on November 26, 1949.
  • 284 out of 299 Assembly members were present and signed the Constitution.
• Adoption and Content:
• The date November 26, 1949, is mentioned in the Preamble as the adoption, enactment, and giving of the Constitution by the people of India.
• The adopted Constitution contained a Preamble, 395 Articles, and 8 Schedules.
• The Preamble was enacted after the entire Constitution was completed.
• B.R. Ambedkar’s Role:
  • As the then Law Minister, Dr. B.R. Ambedkar piloted the Draft Constitution in the Assembly.
  • He was known for his logical, forceful, and persuasive arguments during the deliberations.
  • Recognized as the ‘Father of the Constitution of India’, he was a brilliant writer, constitutional expert, and an undisputed leader of the Scheduled Castes.
  • He is also referred to as the ‘chief architect of the Constitution of India’ and the ‘Modern Manu’.

 

 

 

Enforcement of the Constitution:

• Immediate Provisions (Effective November 26, 1949):
• Some provisions related to citizenship, elections, provisional parliament, temporary and transitional provisions, and short title came into force.
• Articles involved: 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, and 393.
• Major Provisions (Effective January 26, 1950):
  • The remaining provisions of the Constitution came into force.
  • January 26 is recognized as the ‘date of its commencement’ and celebrated as Republic Day.
• Significance of January 26:
  • Chosen due to its historical significance as Purna Swaraj Day, celebrated on January 26, 1930, following the Lahore Session (December 1929) of the INC.
• Repeal of Previous Acts:
  • With the commencement of the Constitution, the Indian Independence Act of 1947 and the Government of India Act of 1935, along with all amendments, were repealed.
  • The Abolition of Privy Council Jurisdiction Act (1949) was continued.

 

 

Experts committee of the congress

• Formation of Experts Committee:
• On July 8, 1946, while elections to the Constituent Assembly were ongoing, the Congress Party appointed an Experts Committee to prepare material for the Assembly.
• Members included:
  • Jawaharlal Nehru (Chairman)
  • Asaf Ali
  • M. Munshi
  • Gopalaswami Ayyangar
  • T. Shah
  • R. Gadgil
  • Humayun Kabir
  • Santhanam
• Krishna Kripalani was later co-opted as a member and convener upon the Chairman’s proposal.
• Committee Meetings:
• First sitting: New Delhi from July 20 to 22, 1946.
• Second sitting: Bombay from August 15 to 17, 1946.
• Tasks and Discussions:
• Preparation of several notes by committee members.
• Discussions on the procedure for the Constituent Assembly, appointment of various committees, and drafting a resolution on the objectives of the constitution for the first session of the Constituent Assembly.
• Impact and Observations:
• Granville Austin noted that the Congress Experts Committee significantly influenced the creation of India’s Constitution.
• The committee made general suggestions within the Cabinet Mission Scheme framework, addressing autonomous areas, powers of provincial governments and the Centre, princely states, and the amending power.
• The committee also drafted a resolution resembling the Objectives Resolution.

 

 

 

Criticism:

• Not a representative body: Critics argue that the Constituent Assembly lacked direct representation, contending that its members were not elected by the Indian population through universal adult franchise.
• Not a sovereign body: Critics contend that the Constituent Assembly was not a sovereign body since it was established by British Government proposals and conducted its sessions with British Government permission.
• Time consuming: Critics argue that the Constituent Assembly took an excessively long time to draft the Constitution, pointing out that the framers of the American Constitution completed their work in just four months. In this context, Naziruddin Ahmed, a member of the Constituent Assembly, mockingly referred to the Drafting Committee as the “Drifting Committee” to express his disdain.
• Dominated by congress: Critics charged that the Constituent Assembly was dominated by the Congress party, with Granville Austin noting that it functioned as a one-party body in a predominantly one-party country.
• Lawyer-Politician domination: They also argued that the Assembly was dominated by lawyers and politicians, resulting in insufficient representation of other societal sections, leading to the Constitution’s complexity and bulkiness.
• Dominated by Hindus: Some critics claimed that the Assembly was Hindu-dominated, citing Lord Viscount Simon and Winston Churchill’s observations that it primarily represented one major community in India.

 

 

Miscellaneous facts:

• The symbol (seal) of the Constituent Assembly – Elephant
• The constitutional advisor (Legal advisor) to the Constituent Assembly – Sir B.N. Rau
• The Secretary to the Constituent Assembly – V.R. Iyengar
• The chief draftsman of the constitution in the Constituent Assembly – N. Mukerjee
• The calligrapher of the Indian Constitution – Prem Behari Narain Raizada
  • The original constitution was handwritten by him in a flowing italic style.
• The original version was beautified and decorated by artists from Shantiniketan including Nand Lal Bose and Beohar Rammanohar Sinha.
• The calligraphy of the Hindi version of the original constitution was done by Vasant Krishan Vaidya and elegantly decorated and illuminated by Nand Lal Bose.