Making of the Constitution
- In 1934, for the first time, M.N. Roy has put forward the idea of Constituent Assembly he is a pioneer of communist movement in India.
- In 1935, for the first time, INC has officially demanded a constituent assembly to frame the ©.
- In 1940, “August Offer”, finally the Britishers have accepted this demand.
- In 1942, crips mission to India with a draft proposal of the Biritsh government on the framing of an independent © after the WWII.
- But was rejected by Muslim league who wanted the partition of India, & two separate constituent assemblies.
- Finally, a cabinet Mission’s to India’s scheme put forth about constituent assembly has more or less satisfied the Muslim league.
- Composition of the Constituent Assembly:-
- November 1946, Constituent Assembly Constituent under cabinet Mission Plan Scheme.
- Total strength of the constituent Assembly –389.
- Each Province & princely state were to be allotted seats to their respective population.
- In each British province, the seats are allocated among the (3) principal communities Muslims, Sikhs & general in proportion to their population.
- Communal representation “and method of proportional rep. By means of single transferable vote is followed in election of ref. Of each community.
- The representatives of princely states are nominated by the heads of the princely states.
- It comprised of representatives of all sections of Indian Society. Hindu,
- Parsis Ind Christians,
- Anglo Indians
- SC & ST’s
Including women of all these sections.
- Except Gandhi & M. A. Jinnal constituent assembly included all imp personalities of India.
- Working of the © Assembly.
- December 9, 1946, held its first meeting.
- Muslim league boycotted, demanding for partition.
- Dr. Sachchidanand Sinha, the oldest memb, was elected as temporary President of © assembly following the French practise.
- Dec 11, 1946 – Dr. Rajendra Prasad as President
- H. C. Mukerjee as Vice President were elected to the © assembly & Sir B. N. Rau was appointed © advisor to the assembly.
- December 13, 1946, Pandit Nehru moved the historic “Objectives Resolv.” In the assembly.
- It was adopted by the Assembly on January 22, 1947.
- Its modified version forms the preamble of our ©..
- Rep. Of princely states gradually joined © assembly.
- Muslim league from the Indian dominion also joined the © assembly.
- I I Act 1947 had made following three changes in the position of the assembly.
- © Assembly made a fully sovereign body.
It could frame any ©.
It can abrogate or alter any law made by the (B) Parl. In rel. to India.
- © Assembly not only works for the framing of the © but also acts as a legislative body i.e. it enacts ordinary laws. Hence © assembly is the first parl. Of free India. Two tasks to be performed on separate days.
Dr. Rajendra Prasad – If Assembly is met as © body.
G. V. Mayalankar – If Assembly met as legislative body.
These 2 FC’s continued till November 26, 1949.
3) Total strength of the © assembly has come down to 299 from 389 since muslim league members withdraw.
The other fC’s of the © assembly are –
- Ratified the Indias membership of the commonwealth in May 1949.
- Adopted the national flag on July 22, 1947.
- Adopted the National on three & National song on January 24 1950.
- Elected Dr. Rajendra Prasad as the fist President of India.
- Over 2 years 11 months & 18 days, there were 11 sessions.
- 60 countries ©’s have been gone through
- 104 days for the consideration of the draft ©.
- $$Word$$ esp. on making the © 64 lakh.
- © assembly’s final session on Jan 24, 1950 formed after Gen. Elect. On 1951-52 it continued as provisional parl.
- Committees of the © assembly:-
Total 22 committees appointed by © assembly.
10 Committees of the © assembly:-
- Steering Committee – Dr. K. M. Mounghi.
- Rules of Procedure Com – Dr. Rajendra Prasad
12 Committees on substantive affairs.
- Drafting Committee – Dr. B. R. Ambedkar.
- Committee for Negotiating with States – Dr. Rajendra Prasad
- Union © Committee – Jawahar lal Nehru
- Provincial © Committee – Sardar Patel
- Special committee to Examine the Draft © – Sir Alladi Krishnaswamy Iyer.
- Union powers committee – Jawahar Lal Nehru
- Committee on FR’s & Minorities – Sardar Patel.
- Drafting Committee:
- Most imp. Committee.
- Set up on Aug 29, 1947
- To prepare a draft of the new ©.
- (7) members.
- Dr. B. R. Ambedkar (Chairman)
- N. Gopalaswamy Ayyangar.
- Alladi Krishnaswamy Ayyar.
- Dr. K. M. Meenshi (Replace d. L . Mitter)
- Syed Mohammead Saadullah.
- N. Madhava Rau.
- T. T. Krishna machari (reported D P Khaitan)
- on its 3rd draft, i.e.
- After Three readings of the draft ©.
© was adopted on November 26, 1949 & “Date of commencement” of the © is Jan 26, 1950.
- It had Preamble
- 395 Articles
- 8 Schedules
- Preamble was enacted, after entire © was enacted.
- Dr. B. R. Ambedkar (then law minister)
- “Father of the © of India”
- “Chief Architect of the © of India” &
- “Modern Manu”
- Enforcement of the ©:-
- So we provisions such as citizenship. Elections, provisional parliament, temporary & transitional prov., & short title contained in various articles of the © came into force on November 26, 1949.
- Remaining Provisions came into force an January 26 1950 – “Date of Commencement”.
- Jan 26 – Historical importance because on January 26, 1930, “Purna Swaraj” day was celebrated.
- Following the resolve of
- Lahore session (Dec 1929) of the 1 NC.
- GOI Act 1935 & II Act, 1947 are repealed.
Abolition of Privy council jurisdiction Act continued (1949).
- Criticism of the © Assembly:-
- Not a Representative body:
Member not directing electedon the basis of universal adult franchise.
- Not a sovereign body:
- Time Consuming:-
- Took long time whereas American © took only Four months.
- Dominated by congress:-
- Lawyer-Politican Domination:-
- Other sections were not sufficiently dominated.
- Main reason for the bulkiness & complicated language of the constitution.
- Dominated by Hindus.