AG Pathshaala : 2. MAKING OF THE CONSTITUTION

Demand for a Constituent Assembly

1. Initial Idea (1934)

First proposed by M. N. Roy (pioneer of communist movement in India).

2. Indian National Congress Demand (1935)

INC officially demanded a Constituent Assembly to frame India’s Constitution.

3. Jawaharlal Nehru’s Declaration (1938)

On behalf of INC, declared that:

Constitution of free India must be framed without outside interference.
Should be based on adult franchise.

4. British Government’s Response

August Offer (1940): Demand accepted in principle.
Cripps Mission (1942):

Proposal for an independent Constitution after World War II.
Rejected by Muslim League, which demanded:

Partition of India into two autonomous states.
Two separate Constituent Assemblies.

5. Cabinet Mission Plan

Sent to India after Cripps failure.
Rejected idea of two Constituent Assemblies.
Proposed a scheme for single Constituent Assembly (more or less acceptable to Muslim League).

Composition of the Constituent Assembly

Background

Constituted in November 1946 under the Cabinet Mission Plan.
Total strength: 389 members

296 seats – British India
93 seats – Princely States

Key Features of the Scheme

Distribution of Seats

British India (296 seats):

292 from 11 Governors’ Provinces
4 from 4 Chief Commissioners’ Provinces (1 each).

Princely States (93 seats): seats allotted but not filled initially.

Basis of Allocation

Seats allotted in proportion to population (≈ 1 seat per 1 million people).

Community-wise Division (for British provinces)

Muslims, Sikhs, and General (others).
Proportionate to their population.

Method of Election

Representatives of each community elected by members of their own community in the Provincial Legislative Assembly.
System: Proportional Representation by Single Transferable Vote.

Princely States’ Representation

Members were to be nominated by rulers of princely states.

Nature of the Assembly

Partly elected, partly nominated.
Indirect elections: members chosen by Provincial Assemblies (which were themselves elected on limited franchise).

Elections (July–August 1946)

Congress: 208 seats
Muslim League: 73 seats
Others & Independents: 15 seats
Princely States: 93 seats (remained vacant initially).

Representation in the Assembly

Though not based on adult franchise, the Assembly was socially broad-based:

Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Indian Christians, SCs, STs, women.

Included almost all major leaders of the time (except Mahatma Gandhi).

Working of the Constituent Assembly

First Meeting

Date: 9 December 1946
Boycott: Muslim League boycotted, demanded separate Pakistan.
Attendance: Only 211 members present.
Temporary President: Dr. Sachchidanand Sinha (oldest member, following French practice).
Permanent President: Dr. Rajendra Prasad.
Vice-Presidents: H.C. Mukherjee & V.T. Krishnamachari.

Objectives Resolution

Moved by: Jawaharlal Nehru on 13 December 1946.
Adopted: 22 January 1947 (unanimously).
Key Provisions:

India to be an Independent Sovereign Republic.
Union of British India, princely states, and other willing territories.
States to be autonomous units with residuary powers.
Sovereignty derived from the people.
Guarantees: Justice (social, economic, political), Equality, Liberty (thought, expression, faith, worship, association, action).
Safeguards for minorities, backward & tribal areas, depressed classes.
Integrity and sovereignty of Republic (land, sea, air).
India’s rightful place in world peace and human welfare.

Significance: Became the basis of the Constitution → modified version is the Preamble.

Changes by the Independence Act (1947)

Assembly became fully sovereign – could frame any Constitution, alter/abrogate British laws.
Became legislative body also – dual functions:

Constitution-making (chaired by Dr. Rajendra Prasad).
Law-making (chaired by G.V. Mavlankar).
Functioned as Dominion Legislature until Nov 26, 1949.

Muslim League withdrawal – members from Pakistan areas withdrew.

Strength reduced from 389 → 299.
Provinces: 296 → 229.
Princely states: 93 → 70.

Other Important Functions

Ratified India’s membership of the Commonwealth (May 1949).
Adopted National Flag – 22 July 1947.
Adopted National Anthem – 24 January 1950.
Adopted National Song – 24 January 1950.
Elected Dr. Rajendra Prasad as First President of India – 24 January 1950.

Duration & Sessions

Total Sessions: 11 sessions over 2 years, 11 months, 18 days.
Draft Constitution considered for: 114 days.
Sources referred: Around 60 Constitutions of other countries.
Expenditure: ₹64 lakh.
Final Session: 24 January 1950.
Continued as Provisional Parliament (26 Jan 1950 – first elections 1951–52).

Committees of the Constituent Assembly

The Constituent Assembly appointed several committees to deal with various tasks of constitution-making.

8 Major Committees
Several Minor Committees

Major Committees and Chairmen

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, Tribal and Excluded Areas – Sardar Patel

Sub-Committees:

Fundamental Rights – J.B. Kripalani
Minorities – H.C. Mukherjee
North-East Frontier Tribal Areas & Assam Excluded Areas – Gopinath Bardoloi
Excluded Areas (other than Assam) – A.V. Thakkar
North-West Frontier Tribal Areas – (Sub-Committee)

Rules of Procedure Committee – Dr. Rajendra Prasad
States Committee (Negotiating with States) – Jawaharlal Nehru
Steering Committee – Dr. Rajendra Prasad

Minor Committees and Chairmen

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 National Flag – Dr. Rajendra Prasad
Committee on Functions of Constituent Assembly – G.V. Mavalankar
Ad-hoc Committee on Supreme Court – S. Varadachari (Non-Member)
Committee on Chief Commissioners’ Provinces – B. Pattabhi Sitaramayya
Expert Committee on Financial Provisions – Nalini Ranjan Sarkar (Non-Member)
Linguistic Provinces Commission – S.K. Dar (Non-Member)
Special Committee to Examine Draft Constitution – Jawaharlal Nehru
Press Gallery Committee – Usha Nath Sen
Ad-hoc Committee on Citizenship – S. Varadachari

Drafting Committee (Most Important)

Set up: 29 August 1947
Task: Prepare the draft of the new Constitution
Chairman: Dr. B.R. Ambedkar
Members (7):

Dr. B.R. Ambedkar (Chairman)
N. Gopalaswamy Ayyangar
Alladi Krishnaswamy Ayyar
Dr. K.M. Munshi
Syed Mohammad Saadullah
N. Madhava Rau (replaced B.L. Mitter – resigned due to ill health)
T.T. Krishnamachari (replaced D.P. Khaitan – died in 1948)

Work of the Drafting Committee

First Draft: Published in February 1948
Public Debate Period: 8 months for suggestions/amendments
Second Draft: Published in October 1948
Time Taken: < 6 months to finalize draft
Total Sittings: 141 days

Enactment of the Constitution

1. Introduction of Final Draft

Date: November 4, 1948
By: Dr. B. R. Ambedkar
Stage: First reading (general discussion for 5 days till November 9, 1948).

2. Second Reading (Clause-by-Clause Consideration)

Started: November 15, 1948
Ended: October 17, 1949
Amendments:

Proposed: 7,653
Discussed: 2,473

3. Third Reading

Started: November 14, 1949
Motion: Dr. Ambedkar moved – “the Constitution as settled by the Assembly be passed”.
Adoption: November 26, 1949

Motion declared passed.
Members & President signed.
Out of 299 members, 284 were present and signed.
Date mentioned in the Preamble – adoption, enactment, and giving of the Constitution to the people of India.

4. Features of Adopted Constitution (Nov 26, 1949)

Contained:

Preamble
395 Articles
8 Schedules

Note: Preamble enacted after the Constitution was enacted.

5. Role of Dr. B. R. Ambedkar

Then Law Minister; piloted the Draft Constitution.
Played a prominent role in deliberations.
Known for logical, forceful, and persuasive arguments.
Titles:

Father of the Constitution of India
Chief Architect of the Constitution
Modern Manu
Leader of Scheduled Castes
Renowned writer & constitutional expert

Enforcement of the Constitution

1. Partial Enforcement (26 November 1949)

Certain provisions came into force immediately:

Citizenship (Arts. 5–9)
Oath of President (Art. 60)
Elections (Art. 324)
Definitions & Interpretations (Arts. 366–367)
Provisional Parliament & Transitional Provisions (Arts. 379, 380, 388, 391, 392)
Short Title (Art. 393)

2. Full Enforcement (26 January 1950)

Remaining provisions (major part of Constitution) enforced.
This day is the “Date of Commencement” under the Constitution.
Celebrated as Republic Day.

3. Historical Importance of 26 January

Chosen to honour Purna Swaraj Day (1930).
Purna Swaraj was declared by the Lahore Session of INC (Dec 1929), and celebrated on 26 January 1930.

4. Repeal of Earlier Laws

Indian Independence Act, 1947 repealed.
Government of India Act, 1935 repealed (with all its amendments/supplements).
Exception: Abolition of Privy Council Jurisdiction Act, 1949 continued.

Notes and References

Cabinet Mission (1946)

Members: Lord Pethick Lawrence, Sir Stafford Cripps, A.V. Alexander.
Arrived in India: 24 March 1946.
Published its plan: 16 May 1946.

British Indian Provinces (Elected Representation)

Madras, Bombay, United Provinces, Bihar, Central Provinces, Orissa, Punjab, NWFP, Sindh, Bengal, Assam.

Chief Commissioner’s Provinces

Delhi, Ajmer–Merwara, Coorg, British Baluchistan.

Franchise under Government of India Act, 1935

Limited franchise based on tax, property, and education.

Princely States (Representative States)

Baroda, Bikaner, Jaipur, Patiala, Rewa, Udaipur.

Dominion Legislature (Post-Independence)

Constituent Assembly first met as Dominion Legislature on 17 November 1947.
G.V. Mavlankar elected as Speaker.

Partition and Separate Constituent Assembly for Pakistan

Provinces included: West Punjab, East Bengal, NWFP, Sindh, Baluchistan, Sylhet District of Assam.
Separate Constituent Assembly of Pakistan set up.

Provisional Parliament (1947–1952)

Ceased to exist: 17 April 1952.
First elected Parliament (Lok Sabha & Rajya Sabha) began: May 1952.

8a. Political Consequence of 3 June 1947 Statement

Referendum led to NWFP & Baluchistan becoming part of Pakistan.
Tribal areas in this region became Pakistan’s concern.
Sub-Committee on Tribal Areas not required for Indian Constituent Assembly.
Members: Khan Abdul Ghaffar Khan, Khan Abdul Samad Khan, Mehr Chand Khanna (Chairman unknown).