UPSC Exam

Constituent Assembly

Riyasat IAS Mentorship Team 4 min read

Composition of the Constituent Assembly

  • The Constituent Assembly was constituted under the Cabinet Mission Plan, 1946 to frame the Constitution of independent India.
  • Members were indirectly elected by the Provincial Legislative Assemblies through the Single Transferable Vote (STV) under the system of Proportional Representation (PR).
  • Representatives of the Princely States were nominated by their respective rulers.
  • Initially, the Assembly consisted of 389 members:
  • British Indian Provinces – 292
  • Chief Commissioners' Provinces – 4
  • Princely States – 93
  • After the Partition of India, the strength of the Assembly was reduced to 299 members:
  • Provinces – 229
  • Princely States – 70
  • Seats were allocated broadly on the basis of one seat for every 10 lakh population, ensuring proportional representation.
  • The Assembly represented various communities, including Hindus, Muslims, Sikhs, Scheduled Castes, Anglo-Indians, Indian Christians, Parsis, Tribal communities, and Women.
  • Dr. Sachchidananda Sinha served as the Temporary Chairman of the Assembly.
  • Dr. Rajendra prasad was elected as the Permanent President on 11 December 1946.
  • H.C. Mukherjee was elected as the Vice-President of the Constituent Assembly.
  • Sir B.N. Rau was appointed as the Constitutional Adviser and prepared the initial draft of the Constitution.
  • The Drafting Committee, headed by Dr. B.R. Ambedkar, was constituted on 29 August 1947 to prepare the Draft Constitution.

Working of the Constituent Assembly

  • The first meeting of the Constituent Assembly was held on 9 December 1946 in New Delhi.
  • The Muslim League boycotted the first session, demanding a separate Constituent Assembly for Pakistan.
  • Dr. Sachchidananda Sinha presided over the inaugural session as the Temporary Chairman.
  • On 11 December 1946, Dr. Rajendra prasad was unanimously elected as the Permanent President.
  • Jawaharlal nehru moved the Objectives Resolution on 13 December 1946, which was adopted on 22 January 1947.
  • After Independence, the Constituent Assembly became a sovereign legislative body, exercising both constitution-making and legislative functions.
  • The Drafting Committee was constituted on 29 August 1947 under the chairmanship of Dr. B.R. Ambedkar.
  • The first Draft Constitution was published in February 1948, inviting suggestions from the public.
  • The Constituent Assembly held 11 sessions over a period of 2 years, 11 months, and 18 days.
  • It met for 165 sitting days, out of which 114 days were devoted to discussing the Draft Constitution.
  • A total of 7,635 amendments were proposed, of which 2,473 amendments were actually moved and discussed.
  • The Constitution was adopted on 26 November 1949, signed on 24 January 1950, and came into force on 26 January 1950.

Objectives Resolution

§ The Objectives Resolution was moved by Jawaharlal nehru on 13 December 1946.

§ It was adopted on 22 January 1947 after extensive debate in the Constituent Assembly.

§ It laid down the philosophical and ideological foundation of the Indian Constitution.

§ Stated that all powers and authority would derive from the people of India, establishing the principle of Sovereignty.

§ Guaranteed Justice (social, economic, and political), Liberty, Equality, and Fraternity to all citizens.

§ Promised adequate safeguards for Minorities, Backward Classes, Tribal Areas, and Depressed Classes.

Committees of the Constituent Assembly

  • The Constituent Assembly established 22 major committees and several sub-committees to examine different aspects of the Constitution.
  • These committees enabled specialized deliberation, ensuring efficient drafting of constitutional provisions.
  • Drafting Committee – Chairman: Dr. B.R. Ambedkar; responsible for preparing the Draft Constitution. The seven members of the committee were:

o Dr. B.R. Ambedkar – Chairman

o N. Gopalaswami Ayyangar – Member

o Alladi Krishnaswami Ayyar – Member

o K.M. Munshi – Member

o Syed Mohammad Saadulla – Member

o B.L. Mitter – Member (Resigned due to ill health; replaced by N. Madhava Rau)

o D.P. Khaitan – Member (Died in 1948; replaced by T.T. Krishnamachari)

§ Union Constitution Committee – Chairman: Jawaharlal Nehru; dealt with the constitutional structure of the Union.

§ Union Powers Committee – Chairman: Jawaharlal Nehru; determined the distribution of powers between the Union and Provinces.

§ Provincial Constitution Committee – Chairman: Sardar Vallabhbhai Patel; framed provisions relating to Provincial Governments.

§ Advisory Committee on Fundamental Rights, Minorities, and Tribal Areas – Chairman: Sardar Vallabhbhai patel, recommended provisions relating to fundamental rights and safeguards for minorities and tribal areas.

§ Rules of Procedure Committee – Chairman: Dr. Rajendra prasad; framed the rules governing Assembly proceedings.

§ Steering Committee – Chairman: Dr. Rajendra prasad; coordinated and scheduled the business of the Assembly.

§ Other important committees included the States Committee, Finance and Staff Committee, House Committee, Flag Committee, Supreme Court Committee, Credential Committee, and Order of Business Committee.

Criticism of the constituent assembly

  • The constituent assembly was not directly elected by the people on the basis of universal adult franchise.
  • Representation of women, labourers, peasants and economically weaker sections was comparatively low.
  • Members from the Princely States were nominated rather than elected, raising concerns about democratic representation.
  • The Constitution was criticized as a "Bag of Borrowings" because many provisions were adopted from foreign constitutions.

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