Constituent Assembly: Composition, Ideologies, and Influence

INTRODUCTION

  • India gained independence on August 15, 1947, necessitating a new constitution.

  • The Constituent Assembly was established to frame this constitution, as stated in the Indian Independence Act, 1947.

  • Until the new constitution was framed, India was governed by the Government of India Act, 1935.

HISTORICAL BACKGROUND OF THE CONSTITUENT ASSEMBLY

  • Montagu Declaration, 1917: The British government aimed to introduce self-governing institutions in India.

  • Government of India Act, 1919: Enacted to implement the promise of self-governance, but it failed to meet Indian expectations.

  • Indian support during World War I: Indians expected self-rule after the war, but the British government's approach became stricter.

Demand for Constituent Assembly

  • 1922: Mahatma Gandhi advocated for Indian representatives to decide the country's future and self-rule according to Indian wishes.

  • Swaraj Party: Supported the demand for a Constituent Assembly.

  • Lord Birkenhead's statement: Criticized Indian people's ability to draft a workable constitution.

  • Nehru Report, 1928: An all-party committee under Pandit Motilal Nehru framed a constitution, but it was rejected by the British government and the Muslim League.

  • Lahore Session of Congress, 1929: Declared 'Swaraj' or complete independence as the goal, with January 26 to be celebrated as Independence Day annually.

  • Round Table Conferences (1930-1933): Held in England, leading to a white paper in 1933, which was rejected by the Indian National Congress.

  • 1934: Communist leader Sh. M.N. Roy first proposed the idea of a Constituent Assembly for India.

  • 1936: Indian National Congress reiterated the demand for a Constituent Assembly at its Faizpur session.

  • 1938-1940: Congress regularly raised this demand in its annual sessions. The Congress stated, "The Congress stands for a genuine democratic state in India where political power has been transferred to the people as a whole and the government is under the effective control, such a state can only come into existence through a Constituent Assembly elected by adult suffrage and having the power to determine finally the Constitution of India."

Acceptance of the Demand for Constituent Assembly

  • 1939: The Second World War began, and the British government sought Indian support.

  • August Offer: Lord Linlithgow proposed a constitution-making body after the war, marking the first British acceptance of the demand for a Constituent Assembly.

  • Rejection of the August Offer: The Congress and the Muslim League rejected the offer as it did not meet their expectations.

  • Cripps Mission, 1942: Visited India but was rejected by the Indians.

  • Wavell Plan, 1945: Presented to the Indians.

  • Cabinet Mission Plan, 1946: Led to the establishment of the Constituent Assembly in accordance with its proposals.

COMPOSITION OF THE CONSTITUENT ASSEMBLY ACCORDING TO CABINET MISSION PLAN

  • 389 members: 296 from British India provinces and 93 from princely states.

  • British India representation: 292 from eleven Governors' Provinces and four from Chief Commissioners' Provinces.

  • Representation basis: One representative for every 10 lakh population.

  • Seat division: Among various classes based on population proportion.

Voters Categories:

  • General Seats: 210 seats for voters other than Muslim and Sikh.

  • Sikh Seats: 04 seats for Sikh voters only.

  • Muslim Seats: 78 seats for Muslim voters only.

Governors' Provinces Groups:

  • Group A Provinces: Six Hindu majority provinces (Madras, Bombay, United Provinces, Central Provinces, Bihar, Orissa).

  • Group B Provinces: Three Muslim majority provinces (Punjab, North-West Frontier Province, Sindh, Baluchistan).

  • Group C Provinces: Two provinces with north-eastern Muslim majority population (Bengal, Assam).

Seat Distribution Among Provinces:

  • Group A:

    • Bombay: General Seats - 19, Muslim Seats - 2, Total Seats - 21

    • Madras: General Seats - 45, Muslim Seats - 4, Total Seats - 49

    • The U.P.: General Seats - 47, Muslim Seats - 8, Total Seats - 55

    • Bihar: General Seats - 31, Muslim Seats - 5, Total Seats - 36

    • Orissa: General Seats - 9, Muslim Seats - 0, Total Seats - 9

    • The C.P.: General Seats - 16, Muslim Seats - 1, Total Seats - 17

    • Total: General Seats - 167, Muslim Seats - 20, Total Seats - 187

  • Group B:

    • The Panjab: General Seats - 8, Muslim Seats - 16, Sikh Seats - 4, Total Seats - 28

    • North Western Frontier Province: General Seats - 3, Muslim Seats - 0, Sikh Seats - 0, Total Seats - 3

    • Sindh: General Seats - 1, Muslim Seats - 3, Sikh Seats - 0, Total Seats - 4

    • Total: General Seats - 12, Muslim Seats - 19, Sikh Seats - 4, Total Seats - 35

  • Group C:

    • Bengal: General Seats - 27, Muslim Seats - 33, Total Seats - 60

    • Assam: General Seats - 7, Muslim Seats - 3, Total Seats - 10

    • Total: General Seats - 34, Muslim Seats - 36, Total Seats - 70

  • Summary:

    • Total General Seats = 167 + 9 + 34 = 210

    • Total Muslim Seats = 20 + 22 + 36 = 78

    • Total Sikh Seats = 4

    • Total Seats of the Governors' Provinces of British India = 292

    • Total Seats of the Chief Commissioners' Provinces = 04

    • Total Seats of Princely States = 93

    • Total Seats = 389

Election Details:

  • Election Method: Members from British India provinces were elected by provincial legislatures on a communal basis.

  • Proportional Representation: Single Transferable Vote System was used.

  • Voters: Muslim representatives were elected by Muslim voters, Sikh representatives by Sikh voters, and General Seats by all other voters.

  • Minority Rights: The Constituent Assembly was to ensure the protection of minority rights, subject to approval by the British Government.

  • Princely States: Representation was based on population, with the mode of election to be decided through negotiations.

  • Chief Commissioner's Provinces: Delhi, Ajmer-Marwar, Coorg, and British Baluchistan were represented by one member each.

  • Regrouping: Elected members would meet in New Delhi and regroup themselves according to the groups of provinces to draft constitutions for their respective groups.

  • Federation: After drafting constitutions, members would meet again to draft the constitution for the proposed federation.

  • Treaty: A treaty regarding the transfer of power would be concluded between the Constituent Assembly and the British Government.

METHOD OF ELECTION OF THE MEMBERS OF CONSTITUENT ASSEMBLY

Representatives of Provinces of British India:

  • Elected by members of provincial legislative assemblies.

  • Communal basis through single transferable vote system of proportional representation.

  • Muslim representatives elected by Muslim voters, Sikh representatives by Sikh voters.

  • General Seats elected by all other voters except Muslim and Sikh voters.

Representatives of the Princely States:

  • Representation based on population.

  • Method of election not specified initially.

  • Committee formed to negotiate with rulers of Princely States.

  • Rulers of Princely States given authority to nominate representatives.

ELECTIONS FOR THE CONSTITUENT ASSEMBLY

  • Elections held in July 1946.

  • Congress won 208 seats out of 210 general seats.

  • Muslim League won 73 seats out of 78 seats reserved for Muslims.

  • 15 seats won by independent candidates or other political parties.

Number of Seats Won by Various Political Parties in the Elections to the Constituent Assembly, July-August, 1946

  • Congress: 208 seats

  • Muslim League: 73 seats

  • Unionist Party: 1 seat

  • Unionist Muslims: 1 seat

  • Unionist Scheduled Castes: 1 seat

  • Krishak-Praja Party: 1 seat

  • Scheduled Castes Federation: 1 seat

  • Sikhs (Non-Congress): 1 seat

  • Communist Party: 1 seat

  • Independents: 8 seats

  • Total Seats: 296

  • 93 seats allotted to Princely States not filled initially.

  • Congress Party got a clear majority.

Status of the Constituent Assembly

Before Independence (Before August 15, 1947):

  • Non-sovereign body.

  • Formed as per Cabinet Mission Plan.

  • Could only assign Defence, Foreign Affairs, Currency, and Communication to the central government.

  • Not authorized to frame separate constitutions for provinces.

  • Constitution drafted required approval from British Parliament.

After Independence (After August 15, 1947):

  • Became fully sovereign body.

  • Could frame any constitution for independent India.

  • Could alter or abrogate any law enacted by British Parliament for India.

Role as Central Legislature:

  • Became central legislature of the country.

  • Enacted laws for administration alongside framing the constitution.

  • Functioned as legislature until new Parliament constituted in 1952.

Impact of Partition:

  • Muslim League members from areas in Pakistan withdrew.

  • Total members reduced from 389 to 299.

Composition of the Constituent Assembly After Independence

  • Muslim League members from Pakistan areas withdrew.

  • Representatives of Princely States gradually joined.

  • Mountbatten Plan acceptance led to increased participation from Princely States.

  • Members of Muslim League from areas included in India also joined.

Number of Members from the Provinces of British India

  • Madras: 49

  • Bombay: 21

  • West Bengal: 19

  • The United Provinces: 55

  • East Punjab: 12

  • Bihar: 36

  • The Central Provinces and Berar: 17

  • Assam: 08

  • Orrisa: 09

  • Delhi: 01

  • Ajmer-Marwar: 01

  • Coorg: 01

  • Total: 229

Number of Members From Indian States (Princely States)

  • 70

Total Number of Members of the Constituent Assembly

  • 299

Minority Representation in the Constituent Assembly

  • Cabinet Mission Plan lacked specific provisions for minority representation.

  • Congress made sincere efforts to include minorities like Parsees, Anglo-Indians, Indian Christians, Scheduled Castes, Scheduled Tribes and Women.

  • Minorities won 88 seats out of 229 (approx. 38%).

  • Distinguished scholars like Alladi Krishnaswamy Ayyar, N. Gopalaswamy Ayyangar, Dr. B.R. Ambedkar, H.N. Kunzru, K. Santhanam, Dr. Sachchidananda Sinha, Dr. K.M. Munshi, Pt. Jawarlal Nehru, Dr. Rajendra Prasad etc. were included.

  • Congress ensured representation for all sections of the population.

Sections of Society Without Representation in the Constituent Assembly

  • Communist Party, Socialist Party, and Hindu Maha Sabha lacked representatives.

  • Some followers of socialistic ideology and leaders of Hindu Maha Sabha became members through Congress Party tickets.

  • No formal representatives of small farmers, landless farmers, industrial workers, laborers and other weaker sections of the Society.

MAKING OF THE CONSTITUTION OR WORKING OF THE CONSTITUENT ASSEMBLY

First Meeting of the Constituent Assembly

  • Held on December 9, 1946.

  • Presided over by Dr. Sachchidananda Sinha (oldest member).

  • On December 11, 1946, Dr. Rajendra Prasad elected as permanent President.

  • Sh. H.C. Mukherjee and Sh. V.T. Krishnamachari elected as Vice-Presidents.

  • Muslim League boycotted the first meeting, attended by only 211 members.

Introduction of Objectives Resolution

  • Moved by Pt. Jawaharlal Nehru on December 13, 1946.

  • Laid down objectives and fundamentals of the new constitution.

  • Unanimously adopted on January 22, 1947.

Objectives Resolution

  • Declared India as an Independent Sovereign Republic.

  • Defined territories comprising British India, Indian States, and other parts willing to join as a Union.

  • Guaranteed justice, equality, and freedom to all people.

  • Safeguards for minorities, backward and tribal areas, and depressed classes.

  • Maintained the integrity of the Republic and its sovereign rights.

  • Called for promotion of world peace and the welfare of mankind.

  • Modified version became the Preamble of the Indian Constitution.

Committees of the Constituent Assembly

  • Appointed several committees to deal with different aspects of the constitution.

  • Eight major committees and many minor committees.

A. Major Committees

  1. Union Powers Committee - Pt. Jawaharlal Nehru

  2. Union Constitution Committee - Pt. 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 (Except those in Assam) Sub-Committee - A.V. Thakkar

    • North-West Frontier Tribal Areas Sub-Committee (became part of Pakistan and was not functional)

  6. Rules of Procedure Committee - Dr. Rajendra Prasad

  7. States Committee (Committee for Negotiating with States) - Pt. Jawaharlal Nehru

  8. Steering Committee - Dr. Rajendra Prasad

B. Minor Committees

  1. Finance and Staff Committee - Dr. Rajendra Prasad

  2. Credentials Committee - Alladi Krishnaswamy 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 a member of Constituent Assembly)

  8. Committee on Chief Commissioners' Provinces - B. Pattabhi Sitaramayya

  9. Expert Committee on the Financial Provisions of the Union Constitution - Nalini Ranjan Sarkar (Not a member of the Constituent Assembly)

  10. Linguistic Provinces Commission - S.K. Dar (Not a member of the Constituent Assembly)

  11. Special Committee to Examine the Draft Constitution - Pt. Jawaharlal Nehru

  12. Press Gallery Committee - Usha Nath Sen

  13. Ad-hoc Committee on Citizenship - S. Varadachari (Not a member of the Constituent Assembly)

Appointment of Drafting Committee

  • Most important committee constituted on August 29, 1947.

  • Entrusted with preparing a draft of the new Constitution.

Members:

  1. Dr. B.R. Ambedkar (Chairman)

  2. Sh. N. Gopalaswamy Ayyangar

  3. Sh. Alladi Krishnaswamy Ayyar

  4. Dr. K.M. Munshi

  5. Syed Mohammad Saadullah

  6. Sh. N. Madhava Rau (replaced Mr. B.L. Mitter)

  7. Sh. T. T. Krishnamachari (replaced Sh. D.P. Khaitan)

Advisors:

  • Sh. B.N. Rao: Constitutional advisor who visited several countries to analyze their political systems.

  • Mr. S.N. Mukerjee: Chief draftsman of the constitution.

Adoption of National Flag of India

  • Tricolour or 'Tiranga' adopted on July 22, 1947.

  • Designed by Pingali Venkayya.

  • Horizontal tricolour with saffron (top), white (middle), and green (bottom).

  • Width-length ratio: 2:3.

  • Ashok Chakra in navy blue with 24 spokes on the white band, representing the "wheel of law of dharma" and signifying constant movement and progress.

Enactment of the Constitution

  • First draft published in February 1948.

  • Placed in the public domain for eight months for views and amendments.

  • Second draft published in October 1948.

  • Drafting Committee held sitting for 141 days to finalize the draft.

  • November 4, 1948: Dr. B. R. Ambedkar presented the final draft for first reading.

  • General discussion held until November 9, 1948.

  • Second reading took place between November 15, 1948, and October 17, 1949 (clause-by-clause discussion).

  • 7653 amendments proposed, 2473 actually discussed.

  • Third reading started on November 14, 1949.

  • Motion passed on November 26, 1949, with 284 members signing the constitution.

Enforcement of the Constitution

  • Adopted on November 26, 1949, and included a Preamble, 395 Articles, and 8 Schedules.

  • Some provisions came into force on November 26, 1949.

  • Major part enforced on January 26, 1950, celebrated as Republic Day.

  • January 26 chosen to commemorate the Puran Swaraj day in 1930.

  • India became a Sovereign Democratic Republic.

CRITICAL EVALUATION OF THE CONSTITUENT ASSEMBLY OF INDIA

Criticisms:

1. Constituent Assembly was Not A Sovereign Body:

  • Formed according to the Cabinet Mission Plan.

  • Functioned within terms specified under the plan.

  • Held sessions with British Government permission.

  • However, limitations ceased after August 15, 1947.

2. Defective Composition:

  • Members not directly elected by the people of India.

  • Members of provincial legislatures elected on limited franchise.

  • Members of Princely States nominated rather than elected.

  • Argued not truly representative of the people.

  • Granville Austin called it "India in microcosm"

3. Dominance of Congress:

  • More than 80% of seats held by the Indian National Congress.

  • Lack of members from Communist Party or Socialist Party.

  • "The Constituent Assembly was a one party body in an essentially one party country. The Assembly was the Congress and the Congress was India," - Granville Austin.

  • Congress led the freedom struggle and ensured representation for all sections of society.

4. Dominance of Lawyers:

  • Dominated by lawyers like Jawaharlal Nehru, Rajendra Prasad and B.R. Ambedkar.

  • Lack of representation for other sections of society.

  • Led to a bulky and complicated constitution, known as "Lawyers' Paradise".

5. No Representation - Small Farmers and Labourers:

  • Lack of representation for small farmers and labourers.

  • Critics argue the Indian Constitution does not contain the right to work or social security.

  • Counterargument: Constitution includes Directive Principles of State Policy and Fundamental Rights.

6. Important Decisions Made Outside the Constituent Assembly:

  • Major decisions were made in the informal meetings and working committee meetings of the Indian National Congress.

  • Presented before the Constituent Assembly for ultimate approval.

7. Communal Representation:

  • Created on basis of communal representation.

  • Muslims and Sikhs given separate representation.

  • Questions on its democratic character.

8. Dominated by Hindus:

  • 94.6% members were Hindus.

  • Lack of adequate representation for other communities.

  • Perceived as 'a body of Hindus' by Lord Viscount Simon and representing 'only one major community in India' by Winston Churchill.

9. No Opposition:

  • Lack of strong opposition due to Muslim League's partition-related departure.

  • Absence of Communist Party or Socialist Party representatives.

10. Time Consuming:

  • Took nearly 3 years to frame the Constitution, seen as too long by critics.

  • American Constitution completed in only 4 months.

Conclusion:

  • Despite weaknesses, Constitution Assembly made a wonderful contribution to the creation of one of the greatest constitutions in the world.

INFLUENCE OF INDIAN NATIONAL MOVEMENT ON CONSTITUENT ASSEMBLY

1. Impact of Government of India Act, 1935:

  • Influenced the Constituent Assembly and framing of Indian constitution.

  • Act administration due to the administration of India being run in accordance with it's own provisions

  • Contained the influence of basic principles.

  • Government of India Act, 1935 proposed the creation of a federation in India.

  • Act of 1935 led to the Division of subjects in three lists i.e. the Union List, the State List and the Concurrent List.

  • Union government has been made quite strong under the present constitution.

  • Emergency Provisions are similar to those of the Government of India Act, 1935.

  • Establishment of Supreme Court which has been empowered to adjudicate disputes between the Union Government and the states of the Indian Union mirroring the Federal Court established under the Government of India Act, 1935.

  • Many apex administrative bodies, like Reserve Bank of India and Union Public Service Commission exist even today.

2. Ideological Background:

  • Based on specific principles of liberalism, nationalism, secularism and socialism.

  • Mainly led by the urban people belonging to upper middle class.

  • There were following four categories of nationalist leaders :-

    • The leaders who were influenced by the ideologies of Liberalism, Nationalism, Secularism and Democratic Socialism; like Pt. Jawaharlal Nehru.

    • The leaders who supported the ideology of stable and strong government like Sardar Vallabh Bhai Patel.

    • The leaders who supported the ideology of Mahatma Gandhi and wanted to enshrine the principles of Gandhism in the present constitution.

    • The leaders who, under all circumstances, gave precedence to the law and constitution.

3. Influence of the Social Objectives of the Indian National Movement:

  • There was a need to achive social equality and stop the discrimination caused by caste, color, race and religion.

  • Needed protection to the minority, under privledged, and other backward classes.

  • Very strong protection to social justice made into the present constitution.

4. Influence of the Economic Objectives of Indian National Movement:

  • Under the influence of the economic objectives of national movement.

  • Certain members of the Constituent Assembly like Pt. Jawaharlal Nehru, believed in socialistic pattern of society.

  • Economic policies adopted by the Congress during the course of the National Movement, influenced the present Constitution.

  • Sardar Valabhai wanted the abolition of Zamindari System.

  • Welfare of masses due to decentralisation, small scale and cottage industries were promoted.
    -To promote economic equality, through the 44th Constitutional Amendment 1979, the right to property was excluded from the Fundamental Rights.

5. Influence of the International Objectives of the Indian National Movement:

  • The international events influenced international objectives like to oppose colonialism, to condemn racialism, to promote international peace and condemn war.

  • There were events like Pt. Jawaharlal Nehru participating in the anti-imperialism in 1927.

  • Indian State promotes international peace and security, opposes imperialism,colonialism and apartheid.

Conclusion:

  • The Indian National Movement had widely influenced the Constituent Assembly and the framing of the constitution of independent India, which is now fully committed for the objectives of the Indian National Movement.