1. Demand for a Constituent Assembly

  • Origin of Demand: First proposed by M.N. Roy in 1934. In 1935, the Indian National Congress (INC) formally demanded it, emphasizing the need for a Constitution framed by Indians themselves.
  • Key Milestones:
    • 1938: Jawaharlal Nehru declares the Assembly should be based on adult franchise.
    • 1940: British accept the idea with the “August Offer”.
    • 1942: Cripps Proposals suggesting post-war independence framework were rejected by the Muslim League, demanding a separate assembly for Muslim-majority areas.

2. Composition of the Constituent Assembly

  • Formation: Constituted in 1946 under the Cabinet Mission Plan with 389 members (296 from British India and 93 from princely states).
  • Representation: Members were elected indirectly by provincial assemblies, with seats allocated based on population, ensuring proportional representation of Muslims, Sikhs, and general communities.
  • Elections and Participation: The INC secured 208 seats, the Muslim League 73, with remaining seats for independent and smaller groups. The princely states initially abstained, filling seats gradually.

3. Functioning of the Constituent Assembly

  • First Meeting: Held on December 9, 1946, with Dr. Sachchidananda Sinha as temporary chairman; Dr. Rajendra Prasad was later elected as permanent chairman.
  • Objectives Resolution: Introduced by Nehru in December 1946, it laid down the principles for an independent, sovereign, and democratic republic, ensuring justice, equality, and freedom for all citizens.
  • Legislative Powers: The Assembly assumed full sovereignty post-1947 Independence Act, functioning as both a constitutional and legislative body until India’s first Parliament in 1951-52.

4. Committees in the Constituent Assembly

  • Major Committees:
    • Drafting Committee: Led by Dr. B.R. Ambedkar, responsible for drafting the Constitution.
    • Union Powers & Constitution Committees: Led by Nehru, these defined the powers and structure of the central government.
    • Provincial Constitution Committee: Headed by Sardar Patel, it focused on state governance.
  • Minor Committees: Covered aspects like finance, procedural rules, and the national flag. Each committee contributed to specific sections of the Constitution.

5. Drafting and Finalization of the Constitution

  • Drafting Process: The Drafting Committee prepared the first draft in February 1948, followed by a period for public review and a second draft published in October 1948.
  • Amendments and Approval: Assembly members proposed over 7,600 amendments, with extensive clause-by-clause discussion. The final draft was adopted on November 26, 1949.
  • Preamble and Structure: The Constitution’s Preamble embodies the ideals from the Objectives Resolution, declaring India a sovereign, socialist, secular, and democratic republic.

6. Enactment and Enforcement of the Constitution

  • Enactment Date: The Constitution was signed on November 26, 1949, and selected provisions took effect immediately.
  • Republic Day: January 26, 1950, was chosen for full implementation to honor the 1930 declaration of “Purna Swaraj” (complete independence).
  • Content: Initially comprised of a Preamble, 395 Articles, and 8 Schedules, establishing the framework for India’s governance.

7. Criticism and Challenges

  • Representation Issues: Critics argued the Assembly was not fully representative, as it was indirectly elected and largely dominated by the INC.
  • Time Consumption: Critics noted the Assembly’s long deliberation (nearly 3 years), contrasting it with the shorter time taken for the American and other Constitutions.
  • Dominance by Certain Groups: Some argued the Assembly was heavily influenced by lawyers, politicians, and predominantly Hindu members, which critics felt led to complex language and a lengthy document.

8. Legacy and Key Facts

  • Symbol: The elephant was chosen as the Assembly’s symbol.
  • Artistic Contribution: The Constitution’s calligraphy was crafted by Prem Behari Narain Raizada, with decoration by artists from Shantiniketan.
  • National Recognition: November 26 is celebrated as Constitution Day in India, commemorating its adoption and the values it enshrines.

9. Committees and Key Contributions in Detail

  • Union Powers Committee:
    • Headed by Jawaharlal Nehru, this committee determined the scope and powers of the Union government, emphasizing a strong central government to maintain unity and cohesion across the newly independent India.
  • Union Constitution Committee:
    • Also chaired by Jawaharlal Nehru, this committee focused on the structural organization of the central government, proposing a parliamentary system based on the British model, which would later become the cornerstone of India’s democratic structure.
  • Provincial Constitution Committee:
    • Led by Sardar Patel, this committee’s task was to draft the governance structure for the states and provinces, balancing federal principles with a strong center. Patel’s leadership ensured a coherent federal framework while accommodating India’s diversity.
  • Drafting Committee:
    • Chaired by Dr. B.R. Ambedkar, this seven-member committee was the most crucial, as it drafted the text of the Constitution. Ambedkar’s profound expertise in law and social issues guided the Constitution’s core principles, such as equality, justice, and individual rights. The committee meticulously incorporated input from other committees and the public, refining the draft to create a comprehensive document.
  • Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas:
    • This committee, headed by Sardar Patel, addressed vital social issues:
      • Fundamental Rights: A sub-committee led by J.B. Kripalani ensured that citizens’ rights were enshrined in the Constitution, securing social, economic, and political justice.
      • Minorities and Tribal Areas: Subcommittees chaired by figures like H.C. Mukherjee and Gopinath Bardoloi worked to safeguard minority rights and protect tribal regions from exploitation.
  • Other Committees:
    • The Rules of Procedure Committee, Finance and Staff Committee, and the House Committee (chaired by Dr. Rajendra Prasad) helped manage administrative aspects of the Assembly, ensuring smooth and efficient operations.

10. Final Draft and Enactment

  • The Final Reading:
    • On November 26, 1949, Dr. Ambedkar presented the finalized Constitution draft to the Assembly. After a comprehensive discussion, the Assembly approved the document with minor amendments. This day became known as Constitution Day, honoring the Assembly’s monumental achievement.
  • Structure and Key Features:
    • The Constitution, as adopted, contained:
      • Preamble: A declaration of India’s core values, such as justice, liberty, equality, and fraternity.
      • Articles and Schedules: The document included 395 Articles and 8 Schedules covering governance structures, rights, judiciary, and the division of powers between the Union and states.
    • Influences and Sources: The Constitution drew inspiration from various global constitutions (e.g., fundamental rights from the U.S. Constitution, parliamentary system from the U.K., and directive principles from Ireland) to suit India’s needs.

11. Criticism and Response to the Assembly’s Work

  • Limited Franchise and Representation:
    • Critics argued that the Assembly was indirectly elected and therefore not fully representative. However, members emphasized that the Assembly represented all key societal sections and that a direct election would have been logistically challenging in post-colonial India.
  • Time and Resource Allocation:
    • The Assembly’s nearly three-year deliberation and ₹64 lakh expenditure were points of contention. Despite criticism, members stressed the need for careful planning and extensive discussions to build a robust democratic framework.
  • Congress Influence:
    • The INC’s majority presence led some critics to describe the Assembly as a “Congress-dominated” body. However, supporters argued that Congress had broad national support, and thus, its influence reflected popular will at the time.
  • Language and Complexity:
    • The Constitution’s length and complexity were criticized as overly legalistic. Dr. Ambedkar and other framers defended the document, explaining that India’s diverse social and political landscape required detailed provisions to protect minority rights and regional interests.

12. Legacy and Impact

  • Constitution Day and Public Recognition:
    • In 2015, November 26 was officially designated as Constitution Day to honor the Assembly’s work and promote awareness of constitutional values.
  • Preamble and National Symbols:
    • The Preamble, reflecting the objectives of the Assembly, became a guiding principle. The Assembly adopted national symbols like the flag, anthem, and song, strengthening India’s identity as a sovereign republic.
  • Constitutional Significance:
    • The Indian Constitution is recognized as one of the most comprehensive and detailed in the world. Its framework has supported India’s stability and growth as a democracy for over 70 years, adapting to social and political changes through amendments.
  • Role of Key Figures:
    • Leaders like Dr. B.R. Ambedkar, Jawaharlal Nehru, Sardar Patel, and Dr. Rajendra Prasad are remembered as architects of the Constitution, each contributing expertise to balance unity with diversity and justice with governance efficiency.