Constituent Assembly

 

Lecture 5 

Constituent Assembly

1925- Birkenhead Challenge

1927- INC madras session

Boycott of Simon commission and setting up All Parties Conference

1928- First all parties conference under chairmanship of M. A. Ansari at Delhi

Setup committee to frame Constitution

1928- All parties conference(APC) under chairmanship of Motilal Nehru at Lucknow

Nehru report was presented at APC Lucknow session

1941- first Non-Party Conference(NPC) under Tej Bahadur Sapru to look political interest of individuals and minorities overlooked by political parties of that time. 

1944- Sapru committee was formed by NPC

1945- Sapru report with following guidelines

• Protection of minorities
• Fundamental rights(Justiciable) 
• DPSP(Non-justiciable) 

Constituent Assembly Demand 

1934-  M. N. Roy put the idea of constituent assembly for first time.  

1935- INC demanded formation of constituent assembly to frame Constitution

1938- Jawaharlal Nehru demanded to frame the Constitution of free India by a constituent assembly (members elected on the basis of adult frenchise) without interference from outsiders. 

1940- August offer, British Government accepted the demand of forming constituent assembly. 

1942- Stafford Cripps(Cabinet member, Cripps Mission) came to India with a draft proposal of framing an independent Constitution to be adapted after WW2. 

The proposal was rejected by Muslim League as there was no provision for two states and two constituent assembly. 

16 May 1946- Cabinet mission(Patrick Lawrence, Stafford Cripps and A. V. Alexander) 

Rejected the idea of two constituent assembly, but the composition of constituent assembly was more or less satisfied the Muslim League. 

Constituent Assembly Composition

Nov 1946- Constituent Assembly was formed(as per cabinet mission plan) 

Streangth- 389 seats= 296(British India) + 93(Princely States) 

296(British India) → 292(Governor Provinces) + 4(Chief Commissioner Provinces) 

Indirect Electction(296 seats) → British India territory

Nomination by rulers(93 seats) → Princely states

Allocation of seat to province and Princely states based on population(1 seat → 1000000). For British provinces seats were divided among Muslim, Sikh and General. 

Election was based on community representative i.e. Muslim leader would be elected by Muslim voters only. And voting method was proportional representative by means of single transferable vote. 

Election Result(296)- INC(208), Muslim League(73), others(15) 

Nomination(93)- Princely states showed no interest in constituent assembly

Although the assembly has representative from all section of Indian society- Hindu, Muslim, Sikh, Christian, Parsi, Anglo-Indians, SC, ST and women, The constituent assembly was majorly dominate by one party INC. 

First Meeting- 9 Dec, 1946(Boycotted by Muslim league), Last Meeting- 24 Jan 1950

First meeting was attended by 211 members only as Muslim league members didn't participated in it.

President- 

Dr. Sachchidanand Sinha(temporary non-elected president, oldest member of Assembly) 

Dr. Rajendra Prasad(Elected president of Constituent Assembly) 

As legislative body it was presided by G. V. Mavalankar(Speaker of legislative body) 

Vice President(2 Vice president) 

H. C. Mukherjee

V. T. Krishnamachari

Constitutional Advisor- B. N. Rau,    Secretary- H. V. R. Iyengar

Muslim League which won only 73 seats, boycotted the constituent assembly with demand for separate state. This resulted in deterioration of political situation in India and Hindu-Muslim riots began. To avoid the riot, Mountbatten introduced 3 June plan which resulted in Indian Independence act 1947(separate nation for Inda and Pakistan). 

Aug 1947- separate Constituent Assembly of Pakistan

This resulted in reorganizing number of seats in Constituent Assembly(India) to 299.

Constituent Assembly Timeline

9 Dec 1946- First Meeting, Sachchidanand Sinha(temporary President) 

11 Dec 1946- Rajaendra Prasad(President) + 2 Vice President + B. N. Rau(Legal Advisor) 

13 Dec 1946- Objective resolution by Jawaharlal Nehru

22 Jan 1947- Objective resolution unanimously adopted

3 June 1947- Mountbatten Plan(reorganisation of seat in Constituent Assembly, Princely states nominated their representative) 

22 July 1947- National Flag adopted

15 Aug 1947- Independence of India

29 Aug 1947- Drafting Committee(Chairman- B. R. Ambedkar) 

17 Nov 1947- G. V. Mavalankar got elected as speaker of Constituent assembly(Legislature) 

May 1949- membership of Commonwealth Nations

26 Nov 1949- Constitution of India was adopted(2 years, 11 months and 18 Days- 11 session) 

24 Jan 1950- Last meeting of Constituent Assembly, adopted national anthem and national song, elected Rajendra Prasad as first President of republic India.(12th session) 

26 Jan 1950- Constitution of India came into force

28 Jan 1950- Supreme Court of India was established

Constituent Assembly Objective Resolution

13 Dec 1946- Jawahar Lal Nehru moved the objective resolution in constituent assembly. 

22 Jan 1947- resolution was adopted unanimously. 

• Nature of India- Independent, Sovereign and Republic(India Independence act 1947- India as an Independent, Sovereign state and appointment of Governor General by British Crown) 
• Territory of India as Union- Current territory(British Provinces+ Princely states) + Future territory(like Goa) 

With aim of territorial integrity in Land, Air and Sea region. 

• Territorial extent of Individual territory- Constituent Assembly Or future Constitution
• Power Division- Division of power between union and territory(residuary power with territory) 
• Power Source- The authority and power of the government will be derived from its people
• Justice- Social, Economical, Political

Equality- Status and opportunity, Before Law

Freedom- Thought, Expression, Believe, Faith, Worship, etc. 

Additional safeguard for minorities and oppressed classes

• Peace loving Nation- India as a rising nation and champion of peace. 

Objective Resolution(Evolved version) → Preamble of Indian Constitution

Constituent Assembly Committee

Many committees were formed at different times to look the different aspect of Constitution making. Some committees were asked to decide the content of Constitution and other committees were involved in ancillary work(Like monitoring work culture of constituent assembly). 

Drafting Committee- Constituent Assembly appointed 7 members Drafting Committee on 29 Aug 1947 to scrutinize the draft version of Constitution prepared by Constitutional Adviser(B.N Rau). 

1. Alladi Krishnaswami Ayyar
2. B.L. Mitter(Replaced by N. M. Rau because of health issues) 
3. B.R. Ambedkar(Chairman elected on the first meeting- 30 Aug 1947) 
4. D.P. Khaitan(died in 1948 and was replaced by TT Krishnamachari) 
5. K.M Munshi
6. Mohammad Saadulla
7. N. Gopalaswami

The Drafting Committee submitted the new Draft Constitution to Rajendra Prasad(President of constituent assembly) on 21 Feb 1948(submitted new draft within 6 months). And after debate in constituent assembly, drafting committee published another draft on Oct 1948.

Constituent Assembly Constitution Enforcement

4 Nov 1948- B. R. Ambedkar(Father of Indian Constitution) introduced the final draft in constituent assembly

4 Nov 1948 to 9 Nov 1948- first reading

15 Nov 1948 to 17 Oct 1949- second reading(clause by clause) 

14 Nov 1949 to 26 Nov 1949- third reading

26 Nov 1949- Draft Constitution get passed with signature of assembly members(Including President), date of adoption of Constitution(Preamble + 395 Articles + 8 Schedules). Although Preamble and Constitution were adopted on same day, Constitution was enacted before Preamble. 

26 Jan 1950- Date of Commencement, Republic Day

On this day full Constitution including preamble came into force(26 Nov 1949- only small portion/few articles was in force- citizenship, election). 

The date 26 Jan was selected to commemorate the Purna Swarajya declaration of 1930(based on Lahore resolution 1929) 

Constituent Assembly Criticism

Formation

• Non-Sovereign Body- Constituent assembly was formed under British Government and the sessions were conducted on the permission of British Government

Composition

• Non-Representative Body- Indirect election with limited frenchise
• One Party Constitution- Constituent assembly was dominated by one party name Congress. 

G. Austin- Assembly was the Congress and the congress was India. 

• Hindu Domination- Constituent assembly was dominated by Hindu. 

Viscount Simon(British Parliamentarian)- Constituent assembly is a body of Hindu. 

Working

• Time Taking- It takes almost 3 years to complete the Constitution. 

Nasiruddin Ahmed(Assembly Member)- Drafting committee is drifting committee

Constituent Assembly Counter Criticism

Formation- Although the assembly was formed under British Government and session were held under their permission, the Constitutional content was chosen independently(free from British influence). 

The assembly was not authorised to repeal any act passes by British Parliament, but the assembly repealed GoI Act 1935 and act of 47.

Composition- Although the assembly was dominated by Congress, the congress party had representative from different section of society- Hindu, Muslim, Christian etc. 

So assembly had representative from different section of society, but dominated by Hindu(India is Hindu majority country). Upto some extent it lacked representative of low income group(limited frenchise) 

Time Consuming- The assembly took almost 3 years to finalised the Constitution, but it worked extensively to safeguard the intrest of all sections of society by considering cultural, religious, geographical and other diversities. Also it was framed so carefully that it is relevant even in present era(framed to cater future need also) 

Constituent Assembly Facts

Seal of Constituent Assembly- Elephant

Calligrapher

English- Prem Bihari Narain Raizada

Hindi- Vasant Krishna Vaidya

Decorations

Hindi & English- Nand Lal Bose

English(Preamble)- Beohar Rammanohar Sinha

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Constituent Autochthony

Autochthony(Greek word)- springing from the land(home grown, rooted in native soil) 

Political science defines constitutional autochthony as the process of asserting constitutional nationalism from external power. In other words it is power shift from external political entity to native organization. 

constitutional autochthony- autonomy with rules derived from native tradition

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B. R. Ambedkar

He was the leader of oppressed class and in Pre-Independence India, he served as member of Bombay Legislative Council, Bombay legislative Assembly, Viceroy Executive Council(Labour Minister) and Constituent Assembly of India. 

As a member of Constituent Assembly, he was elected as the Chairman of Drafting committee and also known by 

Maker and conscience keeper of modern India, Father of the Indian Constitution, Chief Architect of Indian Constitution, Modern Manu. 

In independent India, he served as 1st minister of Law and Justice and later as Rajya Sabha member from Bombay region. 

He advocated to shun the non constitutional means of grievance redressal and to avoid hero worship in politics. He tried to address social and economical equality. 

As there is possibilities to easily violate the Constitution without violating it's core values, so he put emphasis on inculcating constitutional morality. 

In 1920, he began the publication of the weekly Mooknayak

Mook Nayak(1920), Bahishkrit Bharat(1927), Samta (Equality, 1928), Janata (The People, 1930), and Prabuddha Bharat (Enlightened India, 1956).

Constitutional vs Social Morality

Constitutional Morality- 

being faithful to constitutional values. 

To follow the sprit and soul of morality enlisted in constitution. It is administrative cooperation to resolve conflicting interests of different people. 

Constitutional morality for Ambedkar was a prerequisite to maintaining a system of democracy in a country.

Preamble, Part III(Fundamental Rights), Part IV(Directive Principles of State policy) and Part IV A(Fundamental Duty)

Constitutional Morality is not a natural sentiment. It has to be cultivated.- B. R. Ambedkar

Social Morality- According to Ambedkar, social morality was built through interaction and such interaction was based on the mutual recognition of human beings.

 

Democracy vs Religion

In Ambedkar's view, democracy was born from religion, without which associated living was impossible.

So instead of removing aspects of religion completely, he attempts to reconstruct a new version of democracy that accepts the democratic aspects of religions like Buddhism.

Ambedkar Circuit

Ambedkar circuit/Panchteerth(Proposed- 2016, Finalised-2022) was launched under Swadesh Darshan Scheme(Ministry of Tourism and Culture). It covers important places associated with the life of B. R. Ambedkar. 

1. Birth(1891)- Mhow(M.P.) 
2. Education(1916-1917)- Bar course at Gray's Inn + London School of Economics(UK) 
3. Embracing Buddhism(1956)- Nagpur(Maharashtra) 
4. Death(1956)- Delhi
5. Cremation ceremony(1956)- Mumbai(Maharashtra) 

Activists were demanding to include Mahad(Maharashtra) to Ambedkar circuit as it is associated with Mahad Satyagraha. 

Kolhapur(Maharashtra, 1920)- Chatrapati Shahuji Maharaj(Bhosle dynasty), Maharaja of Kolhapur, declared Dr Ambedkar the true leader of the oppressed classes in India.

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