Constituent Assembly – UPSC Post-Independence Notes

The idea of a Constituent Assembly was initially proposed by M.N. Roy. In 1935, the Indian National Congress (INC) formally called for the establishment of a Constituent Assembly to draft a constitution for India. In 1938, Jawaharlal Nehru made a resounding statement emphasizing the need for a constitution: “The constitution of free India must be framed, without outside interference, by a constituent assembly elected based on adult franchise.”

The demand for a Constituent Assembly was eventually accepted by the British through their ‘August Offer’ in 1940. Subsequently, a Constituent Assembly was established under the provisions of the Cabinet Mission plan. This marked a significant step towards the creation of an independent and self-governing India.

The Constituent Assembly of India was constituted in 1946. Here are some important aspects related to its composition:

1. Total Strength: The Constituent Assembly had a total of 389 members.
2. Distribution of Seats:
   • 296 seats were allocated for British India.
   • 93 seats were allotted to princely states.
3. Allocation within British India:
   • Out of the 296 seats for British India, 292 were divided among eleven governor’s provinces, and four were designated for the Chief Commissioner’s provinces.
4. Population-Based Allocation:
   • Seats were allocated based on the population of each province.
5. Representation for Communities:
   • Seats within British India were further allocated to the three principal communities: Muslims, Sikhs, and General.
6. Method of Election:
   • Representatives of each community were elected by members of that community in the provincial legislative assembly.
   • The voting was conducted using the method of proportional representation through a single transferrable vote.
7. Representation from the Princely States:
   • Representatives from princely states were nominated by the heads of those states.
8. Observations on Composition:
   • The composition was a blend of elected and nominated members.
   • The election process was indirect, as provincial assemblies (which were elected on a limited franchise) were responsible for electing the members of the Constituent Assembly.
   • Despite being an indirect election, the Constituent Assembly included representatives from all sections of the society.

This composition was designed to ensure a diverse and representative body that could collectively draft the constitution for independent India.

Working of the Constituent Assembly:

1. Inaugural Meeting:
   • The first meeting was convened on December 9, 1946.
2. Muslim League Absence:
   • The Muslim League did not participate in the initial meeting.
3. Temporary President:
   • Dr. Sachchidanand Sinha presided over the first meeting as the temporary president.
4. Election of Leadership:
   • Following subsequent elections, Dr Rajendra Prasad was elected as the President of the Assembly, and H.C. Mukherjee became the Vice-President.
5. Constitutional Advisor:
   • Sir B.N. Rau was appointed as the constitutional advisor to the assembly.
6. Incorporation of Muslim League:
   • After the approval of the Mountbatten Plan, members of the Muslim League who were part of Indian territory participated in the proceedings.
7. Participation of Princely States:
   • Members of princely states, who had initially abstained, later joined the proceedings.
8. Duration of the Assembly:
   • The Constituent Assembly conducted its proceedings for two years, eleven months, and eighteen days.
9. Final Session:
   • The last session of the Constituent Assembly was held on January 24, 1950.

During this period, the Constituent Assembly undertook the monumental task of drafting and adopting the Constitution of India, which would eventually become the supreme law of the land upon India’s transition to a republic on January 26, 1950.

The Objectives Resolution was a crucial document in the process of framing India’s constitution. Here are some key points:

• Initiation by Nehru: Jawaharlal Nehru introduced the Objectives Resolution in December 1946.
• Fundamental Philosophy:
  • It served to establish the fundamental principles and philosophy that would guide the constitutional framework of free India.
• Key Objectives:
  • The resolution outlined several key objectives:
    • Establishment of India as a republic.
    • Assurance of social, political, and economic democracy for all citizens.
    • Provision of Fundamental Rights.
    • Protection of the rights of minorities and disadvantaged classes.
• Temporary Legislature:
  • The Constituent Assembly, at this early stage, functioned as the provisional legislature until the formation of a new one.
• Significant Actions:
  • The provisional legislature (Constituent Assembly) undertook several important decisions:
    • Ratification of India’s membership in the Commonwealth.
    • Adoption of the national flag.
    • Selection of the national anthem.
    • Adoption of the national song.
    • Election of Dr Rajendra Prasad as the first President of India.

The Objectives Resolution laid down the foundational principles that guided the framers of the Indian Constitution. It articulated the vision for an inclusive, democratic, and rights-based India.

The Committees of the Constituent Assembly played a pivotal role in the process of framing India’s constitution. Here are some of the major committees and their respective chairpersons:

1. Union Powers Committee:
   • Chairperson: Jawaharlal Nehru
2. Union Constitution Committee:
   • Chairperson: Jawaharlal Nehru
3. Provincial Constitution Committee:
   • Chairperson: Sardar Patel
4. Drafting Committee:
   • Chairperson: Dr. B.R. Ambedkar
5. Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas:
   • Chairperson: Sardar Patel
   • Sub-Committees:
     • Fundamental Rights Sub-Committee: J.B. Kripalani
     • Minorities Sub-Committee: H.C. Mukherjee
     • North-East Frontier Tribal Areas and Assam Excluded and Partially Excluded Areas Sub-Committee: Gopinath Bardoloi
     • Excluded and Partially Excluded Areas Sub-Committee: A.V. Thakkar
6. Rules of Procedure Committee:
   • Chairperson: Dr. Rajendra Prasad
7. States Committee for Negotiating with States:
   • Chairperson: Jawaharlal Nehru
8. Steering Committee:
   • Chairperson: Dr. Rajendra Prasad

These committees were instrumental in deliberating, drafting, and finalizing various aspects of the constitution. They addressed matters related to union and provincial powers, fundamental rights, minorities, tribal and excluded areas, rules and procedures, and negotiations with states. The members of these committees worked tirelessly to ensure that the constitution reflected the aspirations and values of a newly independent India.

The list of some of the minor committees that played important roles in the workings of the Constituent Assembly. Here they are for reference:

1. Committee on the Functions of the Constituent Assembly:
   • Chairman: G.V. Mavalankar
2. Order of Business Committee:
   • Chairman: Dr. K.M. Munshi
3. House Committee:
   • Chairman: B. Pattabhi Sitaramayya
4. Ad-hoc Committee on the National Flag:
   • Chairman: Dr. Rajendra Prasad
5. Special Committee to Examine the Draft Constitution:
   • Chairman: Alladi Krishnaswami Ayyar

These committees, though referred to as “minor,” played crucial roles in addressing various aspects related to the drafting and adoption of the Indian Constitution. Their efforts were integral to the overall functioning of the Constituent Assembly.

The Drafting Committee was one of the most crucial committees of the Constituent Assembly, responsible for preparing the draft of the Constitution of India. Here is some additional information about the Drafting Committee:

• Chairperson: Dr. B.R. Ambedkar
• Members:
  1. N. Gopalaswamy Ayyangar
  2. Alladi Krishnaswamy Ayyar
  3. Dr. K.M. Munshi
  4. Syed Mohammad Saadullah
  5. N. Madhava Rau (Replaced B.L. Mitter, who resigned due to ill health)
  6. T.T. Krishnamachari (Replaced D.P. Khaitan, who passed away in 1948)

The Drafting Committee played a pivotal role in crafting the Indian Constitution. Dr. B.R. Ambedkar, as the chairman, made significant contributions to the drafting process. The committee published the first draft of the constitution in February 1948, followed by the second draft in October 1948, which incorporated changes suggested by the public. The draft constitution was a result of meticulous deliberation and reflected the values and aspirations of the newly independent India.

The enactment and enforcement of the Indian Constitution are significant milestones in India’s history. Here are the key details:

1. Introduction of Final Draft:
   • The final draft of the Indian Constitution was introduced in the Constituent Assembly in 1948.
2. Adoption and Enactment:
   • After multiple readings, discussions, and revisions, the Constituent Assembly formally adopted and enacted the Constitution of India on November 26, 1949.
3. Commencement of Provisions:
   • While some provisions of the Constitution came into force on November 26, 1949, the majority of its provisions were brought into effect on January 26, 1950.
4. Republic Day:
   • January 26th is celebrated as Republic Day in India. This date was chosen to mark the commencement of the Constitution, paying homage to the “Purna Swaraj” (Complete Independence) declaration made on January 26, 1930, during the Indian independence movement.

Republic Day is a significant national holiday in India, celebrated with grand parades, cultural events, and the hoisting of the national flag at the Red Fort in New Delhi. It symbolizes the birth of the Indian Republic and the adoption of the Constitution, which established India as a sovereign, socialist, secular, and democratic nation.

Criticism of the Constituent Assembly:

1. Lack of Direct Election:
   • Critics argue that members were not directly elected, which may lead to questions about its representativeness.
2. Non-Sovereign Establishment:
   • Some contend that the Constituent Assembly was not a sovereign body as it was established based on British orders.
3. Time-Consuming Process:
   • The constitution-making process was criticized for being lengthy and time-consuming.
4. Congress Dominance:
   • It was perceived that the Constituent Assembly was predominantly dominated by the Congress party.
5. Lawyer-Politician Dominance:
   • Critics pointed out the dominance of lawyer-politicians within the assembly.
6. Hindu Dominance:
   • There was a perception that the assembly was predominantly dominated by Hindus.

Counterpoints:

1. Diverse Representation:
   • While not directly elected, the Constituent Assembly was inclusive, representing various sections of Indian society.
2. Reasonable Duration:
   • Given the complexity and diversity of India, the time taken for constitution-making was deemed reasonable.
3. Secular Provisions:
   • The presence of secular provisions in the constitution indicates that it didn’t favour any particular religion.

The Constituent Assembly’s efforts led to the framing of a comprehensive and inclusive constitution that laid the foundation for India’s democratic republic. Its members worked diligently to address the diverse needs and aspirations of the Indian population.

FAQs

Q: What is a Constituent Assembly?

A: A Constituent Assembly is a body of representatives elected or appointed for the purpose of drafting or adopting a constitution. It is tasked with creating the fundamental law of a country or state, typically following a major political change or transition.

Q: How are members of a Constituent Assembly chosen?

A: Members of a Constituent Assembly can be chosen through various methods, including direct election, appointment by existing government bodies, or selection through specific criteria such as expertise or representation of diverse societal groups. The method often depends on the political context and historical precedents of the country in question.

Q: What is the role of a Constituent Assembly in the political process?

A: The primary role of a Constituent Assembly is to draft a new constitution or amend an existing one. This involves deliberating on fundamental principles of governance, such as the structure of government, the division of powers, the protection of rights, and mechanisms for democratic representation. Additionally, Constituent Assemblies may serve as forums for reconciliation and consensus-building among diverse political, social, and ethnic groups.

Q: How long does a Constituent Assembly typically operate?

A: The duration of a Constituent Assembly’s operation varies depending on the complexity of the constitution being drafted, the political dynamics within the assembly, and external factors such as societal unrest or international pressures. Some assemblies complete their tasks in a matter of months, while others may extend for several years, especially in cases where there are significant disagreements or challenges in reaching consensus.

Q: What happens after a Constituent Assembly completes its work?

A: Once a Constituent Assembly finalizes the draft constitution, it is typically subject to approval through a referendum or legislative vote. If approved, the new constitution comes into effect, establishing the legal framework for governance. In some cases, the Constituent Assembly may transition into a legislative body or be dissolved, depending on the provisions outlined in the new constitution or the political agreements reached during the drafting process.

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