Lesson 1 of 10 · Indian Polity and Constitution

Making of the Constitution: Constituent Assembly, Committees and Sources

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From demand to Assembly

The idea of a Constituent Assembly for India was first put forward by M.N. Roy in 1934, and the Congress formally demanded a Constituent Assembly in 1935. The British accepted it in principle in the August Offer of 1940, but the Assembly was finally formed under the Cabinet Mission Plan of 1946. It was to have 389 members: 296 from British India and 93 from the princely states, roughly one seat for every ten lakh people. Members from the provinces were elected indirectly by the provincial legislative assemblies through proportional representation by single transferable vote. In the elections of July-August 1946 the Congress won 208 seats and the Muslim League 73.

Sessions and timeline

The Assembly first met on 9 December 1946 with 211 members present, as the Muslim League boycotted it. Dr Sachchidananda Sinha, the oldest member, was temporary President, and on 11 December 1946 Dr Rajendra Prasad was elected permanent President; H.C. Mukherjee served as Vice-President and B.N. Rau as Constitutional Adviser. Jawaharlal Nehru moved the Objectives Resolution on 13 December 1946, and it was adopted on 22 January 1947. The Indian Independence Act 1947 made the Assembly fully sovereign and also the first Parliament of free India, which G.V. Mavalankar chaired when it sat as a legislature. After partition its strength fell to 299. It adopted the National Flag on 22 July 1947, and on 24 January 1950 it adopted the National Anthem and National Song and elected Dr Rajendra Prasad as the first President.

Drafting the text

The Drafting Committee, set up on 29 August 1947, was chaired by Dr B.R. Ambedkar. Its other six members were N. Gopalaswamy Ayyangar, Alladi Krishnaswamy Ayyar, K.M. Munshi, Syed Mohammad Saadullah, N. Madhava Rau (who replaced B.L. Mitter) and T.T. Krishnamachari (who replaced D.P. Khaitan after his death in 1948). The first draft was published in February 1948, and after three readings the Constitution was adopted on 26 November 1949; 284 members signed it on 24 January 1950. In 11 sessions the Assembly took nearly three years: 2 years, 11 months and 18 days in most exam books, which count both the first and the last day (17 days otherwise), and it spent 114 days on the draft. Ambedkar is called the father of the Indian Constitution, and Prem Behari Narain Raizada hand-wrote its original English text.

Other key committees and chairs

Jawaharlal Nehru chaired the Union Powers Committee, the Union Constitution Committee and the States Committee for negotiating with the princely states. Sardar Vallabhbhai Patel chaired the Provincial Constitution Committee and the Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas; under it, J.B. Kripalani headed the Fundamental Rights Sub-Committee and H.C. Mukherjee the Minorities Sub-Committee. Dr Rajendra Prasad chaired the Rules of Procedure Committee, the Steering Committee and the ad hoc committee on the National Flag, and K.M. Munshi the Order of Business Committee.

Commencement

A few provisions, such as those on citizenship and elections, came into force on 26 November 1949 itself, a date observed since 2015 as Constitution Day. The rest commenced on 26 January 1950, chosen because on that day in 1930 the Congress had celebrated Purna Swaraj Day. Article 395 repealed the Indian Independence Act 1947 and the Government of India Act 1935.

Sources by country

The largest single source was the Government of India Act 1935: the federal scheme, the office of Governor, the judiciary, public service commissions and emergency provisions. Britain gave parliamentary government, the rule of law, single citizenship, the cabinet system, prerogative writs and bicameralism. The USA gave Fundamental Rights, judicial review, independence of the judiciary, impeachment of the President, removal of judges and the post of Vice-President. Ireland gave the Directive Principles, the method of electing the President and nomination to the Rajya Sabha. Canada gave a federation with a strong Centre, residuary powers with the Centre, appointment of Governors by the Centre and the Supreme Court's advisory jurisdiction. Australia gave the Concurrent List, freedom of trade and commerce and the joint sitting. Weimar Germany gave suspension of Fundamental Rights during an emergency, the former USSR Fundamental Duties, France the republic and the ideals of liberty, equality and fraternity, South Africa the amendment procedure, and Japan procedure established by law.

Parts and Schedules

The original Constitution had a Preamble, 395 Articles in 22 Parts and 8 Schedules. New articles are inserted with letters (21A, 51A, 243A), so the last article is still numbered 395; Parts too have been added and deleted, and after the 97th Amendment (2011) there were 25 Parts. Four Schedules were added: the Ninth (First Amendment, 1951, laws shielded from challenge), the Tenth (52nd Amendment, 1985, anti-defection), the Eleventh (73rd Amendment, 1992, panchayats) and the Twelfth (74th Amendment, 1992, municipalities). The First Schedule lists states and union territories, the Second the emoluments of high office-holders, the Third the forms of oaths, the Fourth the allocation of Rajya Sabha seats, the Fifth and Sixth the administration of Scheduled Areas and tribal areas (the Sixth for Assam, Meghalaya, Tripura and Mizoram), the Seventh the three Lists and the Eighth the languages.

Key facts

  • Constituent Assembly under the Cabinet Mission Plan 1946: 389 seats (296 for British India, 93 for princely states); strength reduced to 299 after partition.
  • First meeting 9 December 1946 with 211 members and temporary President Sachchidananda Sinha; Rajendra Prasad elected permanent President on 11 December 1946.
  • Objectives Resolution: moved by Nehru on 13 December 1946, adopted on 22 January 1947; it became the basis of the Preamble.
  • Drafting Committee: set up 29 August 1947, seven members, chaired by B.R. Ambedkar; B.N. Rau was the Constitutional Adviser to the Assembly.
  • Committee chairs: Nehru - Union Powers, Union Constitution and States Committees; Patel - Provincial Constitution and Advisory Committees; Rajendra Prasad - Rules of Procedure and Steering Committees.
  • Adopted 26 November 1949 (Constitution Day since 2015); signed by 284 members on 24 January 1950; in force 26 January 1950; 11 sessions in all.
  • Borrowed: USA - Fundamental Rights, judicial review; Ireland - Directive Principles; Canada - residuary powers with the Centre; Australia - Concurrent List; Weimar Germany - suspension of rights in emergency; South Africa - amendment procedure.
  • Schedules added later: Ninth (1951, First Amendment), Tenth (1985, anti-defection), Eleventh (1992, panchayats, 29 subjects), Twelfth (1992, municipalities, 18 subjects).
  • As a legislature (the Dominion Parliament) the Assembly was chaired by G.V. Mavalankar; it adopted the National Flag on 22 July 1947.
  • Key Parts: III Fundamental Rights, IV Directive Principles, IVA Fundamental Duties, V the Union, VI the States, IX Panchayats, IXA Municipalities, XVIII Emergency, XX Amendment (Article 368).

Quick revision

Idea: M.N. Roy 1934; Cabinet Mission 1946, 389 seats; first met 9 Dec 1946; Rajendra Prasad President; Objectives Resolution 13 Dec 1946; Drafting Committee 29 Aug 1947 under Ambedkar; 11 sessions; adopted 26 Nov 1949, in force 26 Jan 1950; originally 395 Articles, 22 Parts, 8 Schedules; GoI Act 1935 largest source; Fundamental Rights USA, Directive Principles Ireland, Concurrent List Australia, residuary powers Canada.

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