Making of the Indian Constitution Tnpsc samacheer notes

Demand for a Constituent Assembly

• 1934: The idea of a Constituent Assembly for India was put forward for the first time by M.N. Roy, a pioneer of the communist movement in India.
• 1935: The Indian National Congress (INC) officially demanded a Constituent Assembly to frame the Constitution of India for the first time.
• 1938: Jawaharlal Nehru, on behalf of the INC, declared that “the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise”.
• 1940: The demand was accepted in principle by the British Government in what is known as the “August Offer”.
• 1942: Sir Stafford Cripps, a member of the British cabinet, came to India with a draft proposal on framing an independent Constitution to be adopted after World War II.
  • The Cripps Proposals were rejected by the Muslim League, which wanted India divided into two autonomous states with two separate Constituent Assemblies.
• 1946: A Cabinet Mission (consisting of Lord Pethick Lawrence, Sir Stafford Cripps, and A.V. Alexander) arrived in India on March 24, 1946, and published its plan on May 16, 1946.
  • It rejected the idea of two Constituent Assemblies but put forward a scheme that more or less satisfied the Muslim League.

Composition of the Constituent Assembly

• The Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan.
• Total Strength: 389 seats.
  • British India: 296 seats.
    • 292 members drawn from the 11 governors’ provinces (Madras, Bombay, UP, Bihar, Central Provinces, Orissa, Punjab, NWFP, Sindh, Bengal, and Assam).
    • 4 members drawn from the 4 chief commissioners’ provinces (Delhi, Ajmer-Merwara, Coorg, and British Baluchistan), one from each.
  • Princely States: 93 seats.
• Seat Allocation Principles:
  • Seats were allotted to each province and princely state (or group of states) in proportion to their respective population—roughly one seat for every million population.
  • British province seats were divided among three principal communities: Muslims, Sikhs, and General (all except Muslims and Sikhs), in proportion to their population.
• Method of Election and Nomination:
  • Representatives of each community were elected by members of that community in the provincial legislative assembly using the method of proportional representation by means of single transferable vote.
  • Representatives of princely states were nominated by the heads of the princely states.
  • The Constituent Assembly was thus a partly elected and partly nominated body, indirectly elected by provincial assemblies who were themselves elected on a limited franchise under the Government of India Act of 1935 (based on tax, property, and education).
• Election Results (July–August 1946) for 296 British Indian seats:
  • Congress: 208
  • Muslim League: 73
  • Unionist Party: 1
  • Unionist Muslims: 1
  • Unionist Scheduled Castes: 1
  • Krishak-Praja Party: 1
  • Scheduled Castes Federation: 1
  • Sikhs (Non-Congress): 1
  • Communist Party: 1
  • Independents: 8
  • Total: 296
• Community-wise Representation (1946):
  • Hindus: 163
  • Muslims: 80
  • Scheduled Castes: 31
  • Indian Christians: 6
  • Backward Tribes: 6
  • Sikhs: 4
  • Anglo-Indians: 3
  • Parsees: 3
  • Total: 296
• The 93 seats allotted to princely states were not filled initially as they decided to stay away.
• The Assembly included representatives of all sections (Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Indian Christians, SCs, STs, and women of all these sections) and all important personalities of India at the time, with the exception of Mahatma Gandhi.

Working of the Constituent Assembly

• First Meeting: December 9, 1946.
  • Boycotted by the Muslim League, which insisted on a separate state of Pakistan.
  • Attended by only 211 members.
  • Dr. Sachchidanand Sinha, the oldest member, was elected temporary President following French practice.
• Office Bearers:
  • Dr. Rajendra Prasad was elected President of the Assembly.
  • Two Vice-Presidents were elected: H.C. Mukherjee and V.T. Krishnamachari.

Objectives Resolution

• Moved by Jawaharlal Nehru on December 13, 1946.
• Unanimously adopted by the Assembly on January 22, 1947.
• Its modified version forms the Preamble of the present Constitution.
• Key declarations of the Resolution:
  1. Firm and solemn resolve to proclaim India as an Independent Sovereign Republic and draw up a Constitution for her future governance.
  2. Territories of British India, Indian States, and other willing parts/territories shall form a Union.
  3. These territories shall be autonomous units with residuary powers, exercising all governmental and administrative powers except those assigned to or inherent in the Union.
  4. All power and authority of Sovereign Independent India, its constituent parts, and organs of government are derived from the people.
  5. Guaranteed and secured to all people of India: justice (social, economic, political); equality of status, opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association, and action (subject to law and public morality).
  6. Adequate safeguards for minorities, backward and tribal areas, and depressed and other backward classes.
  7. Maintenance of the integrity of the territory and sovereign rights on land, sea, and air according to justice and the law of civilized nations.
  8. Attainment of India’s rightful and honoured place in the world to contribute to world peace and human welfare.

Changes Introduced by the Indian Independence Act of 1947

• On April 28, 1947, representatives of six princely states (Baroda, Bikaner, Jaipur, Patiala, Rewa, and Udaipur) joined the Assembly. After the Mountbatten Plan of June 3, 1947, most other princely state representatives and Muslim League members from the Indian Dominion took their seats.
• The Act introduced three structural changes:
  1. Fully Sovereign Body: The Assembly could frame any Constitution it pleased and could abrogate or alter any law made by the British Parliament in relation to India.
  2. Legislative Body (Dual Role): Two separate functions were assigned to be performed on separate days:
     • Making of the Constitution (chaired by Dr. Rajendra Prasad).
     • Enacting ordinary laws as the Dominion Legislature / first Parliament of free India (chaired by G.V. Mavlankar; first met as Dominion Legislature on November 17, 1947).
     • These dual roles continued until November 26, 1949.
  3. Reduction in Strength: Following the withdrawal of Muslim League members representing areas included in Pakistan, total Assembly strength dropped from 389 to 299.
     • Indian Provinces strength reduced from 296 to 229.
     • Princely States strength reduced from 93 to 70.

Statewise Membership of the Assembly (as on December 31, 1947 – Total 299)

• Provinces (229 members):
  • Madras: 49
  • Bombay: 21
  • West Bengal: 19
  • United Provinces: 55
  • East Punjab: 12
  • Bihar: 36
  • C.P. and Berar: 17
  • Assam: 8
  • Orissa: 9
  • Delhi: 1
  • Ajmer-Merwara: 1
  • Coorg: 1
• Indian States / Princely States (70 members):
  • Alwar: 1
  • Baroda: 3
  • Bhopal: 1
  • Bikaner: 1
  • Cochin: 1
  • Gwalior: 4
  • Indore: 1
  • Jaipur: 3
  • Jodhpur: 2
  • Kolhapur: 1
  • Kotah: 1
  • Mayurbhanj: 1
  • Mysore: 7
  • Patiala: 2
  • Rewa: 2
  • Travancore: 6
  • Udaipur: 2
  • Sikkim and Cooch Behar Group: 1
  • Tripura, Manipur and Khasi States Group: 1
  • U.P. States Group: 1
  • Eastern Rajputana States Group: 3
  • Central India States Group (including Bundelkhand and Malwa): 3
  • Western India States Group: 4
  • Gujarat States Group: 2
  • Deccan and Madras States Group: 2
  • Punjab States Group: 3
  • Eastern States Group I: 4
  • Eastern States Group II: 3
  • Residuary States Group: 4

Other Functions Performed by the Assembly

• Ratified India’s membership of the Commonwealth in May 1949.
• Adopted the National Flag on July 22, 1947.
• Adopted the National Anthem on January 24, 1950.
• Adopted the National Song on January 24, 1950.
• Elected Dr. Rajendra Prasad as the first President of India on January 24, 1950.

Timeline, Sessions, and Duration

• Total time taken: 2 years, 11 months, and 18 days.
• Held 11 sessions:
  • First Session: 9–23 December, 1946
  • Second Session: 20–25 January, 1947
  • Third Session: 28 April–2 May, 1947
  • Fourth Session: 14–31 July, 1947
  • Fifth Session: 14–30 August, 1947
  • Sixth Session: 27 January, 1948
  • Seventh Session: 4 November, 1948–8 January, 1949
  • Eighth Session: 16 May–16 June, 1949
  • Ninth Session: 30 July–18 September, 1949
  • Tenth Session: 6–17 October, 1949
  • Eleventh Session: 14–26 November, 1949
• The Assembly met once again on January 24, 1950, when members appended their signatures.
• The Draft Constitution was considered for 114 days.
• Constitution-makers reviewed constitutions of about 60 countries.
• Total expenditure incurred: ₹64 lakh.
• Continued as the Provisional Parliament from January 26, 1950, until the first elected Parliament with two Houses came into being in May 1952 (Provisional Parliament ceased on April 17, 1952).

Committees of the Constituent Assembly

Major Committees (8) and Chairmen

1. Union Powers Committee: Jawaharlal Nehru
2. Union Constitution Committee: Jawaharlal Nehru
3. Provincial Constitution Committee: Sardar Patel
4. Drafting Committee: Dr. B.R. Ambedkar
5. Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas: Sardar Patel
   • 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: Members included Khan Abdul Ghaffar Khan, Khan Abdul Samad Khan, and Mehr Chand Khanna (did not function due to NWFP and Baluchistan joining Pakistan; chairman information not found).
6. Rules of Procedure Committee: Dr. Rajendra Prasad
7. States Committee (Committee for Negotiating with States): Jawaharlal Nehru
8. Steering Committee: Dr. Rajendra Prasad

Minor Committees and Chairmen

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

Drafting Committee

• Set up on August 29, 1947; entrusted with preparing the draft of the new Constitution.
• Consisted of 7 members:
  1. Dr. B.R. Ambedkar (Chairman)
  2. N. Gopalaswamy Ayyangar
  3. Alladi Krishnaswamy Ayyar
  4. Dr. K.M. Munshi
  5. Syed Mohammad Saadullah
  6. N. Madhava Rau (replaced B.L. Mitter, who resigned due to ill-health)
  7. T.T. Krishnamachari (replaced D.P. Khaitan, who died in 1948)
• First draft published in February 1948 (public given 8 months to discuss and propose amendments).
• Second draft published in October 1948.
• Sat for only 141 days and took less than 6 months to prepare its draft.

Enactment of the Constitution

• Readings:
  • First Reading: November 4, 1948 – November 9, 1948 (general discussion for 5 days after introduction by Dr. Ambedkar).
  • Second Reading (clause-by-clause consideration): November 15, 1948 – October 17, 1949.
    • Amendments proposed: 7,653.
    • Amendments actually discussed: 2,473.
  • Third Reading: Started November 14, 1949.
• Adoption:
  • Dr. Ambedkar moved the motion: “the Constitution as settled by the Assembly be passed”.
  • Motion declared passed on November 26, 1949.
  • Signed by the President and 284 members present out of 299.
  • Contained a Preamble, 395 Articles, and 8 Schedules.
  • The Preamble was enacted after the entire Constitution was already enacted.
• Role of Dr. B.R. Ambedkar: Law Minister who piloted the Draft Constitution; recognized as the “Father of the Constitution of India”, “chief architect of the Constitution of India”, and “Modern Manu”.

Enforcement of the Constitution

• Provisions enacted on November 26, 1949: Articles relating to citizenship, elections, provisional parliament, temporary and transitional provisions, and short title—namely Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, and 393.
• Provisions enacted on January 26, 1950: The remaining major part came into force on this date, celebrated as Republic Day and referred to as the “date of its commencement”.
  • January 26 was specifically chosen because of its historical significance: Purna Swaraj day was celebrated on this date in 1930 following the Lahore Session resolution (December 1929) of the INC.
• Repeals: With commencement, the Indian Independence Act of 1947 and the Government of India Act of 1935 (along with all amending/supplementing enactments) were repealed.
  • The Abolition of Privy Council Jurisdiction Act (1949) was continued.

Criticisms of the Constituent Assembly

1. Not a Representative Body: Members were not directly elected by the people of India on universal adult franchise.
2. Not a Sovereign Body: Created by proposals of the British Government and held its sessions with British permission.
3. Time Consuming: Framers took nearly 3 years compared to the American Constitution framers who took only 4 months.
   • Assembly member Naziruddin Ahmed coined the contemptuous term “Drifting Committee” for the Drafting Committee.
4. Dominated by Congress: Granville Austin remarked: “The Constituent Assembly was a one-party body in an essentially one-party country. The Assembly was the Congress and the Congress was India”.
5. Lawyer-Politician Domination: Dominated by lawyers and politicians while other sections were underrepresented, resulting in bulkiness and complicated legal language.
6. Dominated by Hindus: Lord Viscount Simon called it “a body of Hindus”, and Winston Churchill commented that it represented “only one major community in India”.

Important Facts

• Symbol (Seal): Elephant was adopted as the symbol (seal) of the Constituent Assembly.
• Constitutional Advisor (Legal Advisor): Sir B.N. Rau.
• Secretary to the Assembly: H.V.R. Iyengar.
• Chief Draftsman of the Constitution: S.N. Mukerjee.
• Calligrapher of English Text: Prem Behari Narain Raizada (handwrote the original constitution in a flowing italic style).
• Decoration & Illumination (English Text): Beautified by Shantiniketan artists including Nand Lal Bose and Beohar Rammanohar Sinha.
  • Preamble Page: Illuminated, beautified, and ornamented specifically by Beohar Rammanohar Sinha.
• Calligrapher of Hindi Version: Vasant Krishan Vaidya.
• Decoration of Hindi Version: Elegantly decorated and illuminated by Nand Lal Bose.