Constituent Assembly and Constitution of India Notes

Constituent Assembly of India

Key Members

  • Dr. B. R. Ambedkar
  • Jawaharlal Nehru
  • Sardar Vallabhbhai Patel
  • Dr. Rajendra Prasad
  • Maulana Abul Kalam Azad
  • K. M. Munshi
  • Alladi Krishnaswamy Iyer
  • N. Gopalaswami Ayyangar

Functions

  • Framing the Constitution of India to ensure equal rights and opportunities for all citizens.
  • Adopting the National Flag on July 22, 1947.
  • Enacting laws.
  • Approving India's membership in the British Commonwealth in May 1949.
  • Electing Dr. Rajendra Prasad as the first President of India on January 24, 1950.
  • Adopting the National Anthem and National Song on January 24, 1950.

Dr. B.R. Ambedkar

  • Popularly known as Babasaheb Ambedkar.
  • An Indian lawyer, economist, politician, and social reformer.
  • Inspired the Dalit-Buddhist movement.
  • Battled against social prejudice against untouchables.
  • Independent India's first Law and Justice Minister.
  • Main architect of India's Constitution.
  • Earned doctorates in Economics from Columbia University and the London School of Economics.
  • Established a reputation as a scholar in Law, Economics, and Political Science.
  • Participated in campaigns and negotiations for India's independence.
  • Published journals and demanded political rights and social freedom for Dalits.
  • Contributed to the foundation of the state of India.
  • Received the Bharat Ratna in 1990, India's highest civilian award.

Constituent Assembly Formation

  • Formed in November 1946 under the Cabinet Mission Plan (1946).
  • A partly elected and partly nominated body.
  • Convened for the first time on December 9, 1946, to draft and formulate the Constitution of India.
  • The Constitution was seen as essential for implementing self-determination.
  • Served as the provisional Parliament from January 26, 1950, until the first general elections in 1951-52.
  • Total members: 389
    • 292 represented the provinces.
    • 93 represented the princely states.
    • 4 were from the chief commissioner provinces: Delhi, British Baluchistan, Coorg, and Ajmer-Merwara.
  • First met on December 9, 1946, and reassembled on August 14, 1947, as a sovereign body.
  • A separate constituent assembly of Pakistan was framed on June 3, 1947, due to the partition.
  • New elections were held for West Punjab and East Bengal.
    • West Punjab became part of Pakistan.
    • East Bengal became Bangladesh.

Reorganization of the Constituent Assembly

  • After reorganization, the Constituent Assembly of India had 389 members:

    • Provincial delegates: 292 members representing the provinces
    • Princely states: 93 members representing the princely states
    • Chief Commissioner provinces: 4 members representing Delhi, Ajmer-Merwara, Coorg, and British Baluchistan

  • Delegates sat for 2 years, 11 months, and 18 days to discuss the Constitution.

  • The Constituent Assembly had 11 sessions.

  • The committee was chaired by B. R. Ambedkar.

Drafting Committee Members

  • Seven members drafted the Indian Constitution:
    • B. R. Ambedkar
    • Alladi Krishnaswami Ayyar
    • N. Gopalaswami
    • K. M. Munshi
    • Mohammad Saadulla
    • B. L. Mitter
    • D. P. Khaitan
  • B. R. Ambedkar was elected as the Chairman of the Drafting Committee on August 30, 1947.
  • By the end of October 1947, the Drafting Committee scrutinized the text submitted by the Constitutional Advisor, B. N. Rau.
  • It was amended and sent to the president of the Constituent Assembly.

Obstacles and the Cabinet Mission Plan

  • The Mission had to deal with a major obstacle: fundamental differences between the Indian National Congress and the Muslim League.
    • The Muslim League wanted the Muslim majority provinces of India to constitute a separate sovereign state of Pakistan.
    • The Congress wanted a united India.
  • The Mission attempted to facilitate an agreement at the Shimla Conference but failed.
  • The Mission proposed the Cabinet Mission Plan.
    • Rejected the demand for a separate state of Pakistan.
    • Called for an Indian Union consisting of British provinces and the Princely States.
    • Proposed a unique federal set-up with the concept of grouping/sections; provinces and princely states were free to form groups under the Union, having a legislature and executive, enjoying significant autonomy.
  • The Plan was initially accepted by both parties but the Congress Party soon rejected the 'grouping' part, specifically opposing the grouping of provinces on the basis of religion.
  • The Muslim League was not open to changing any part of the Plan, leading to a breakdown of consensus.
  • Further attempts at reconciliation failed.
  • The proceedings of the Constituent Assembly began and an interim government with Jawaharlal Nehru as the Prime Minister was set up.
  • The Muslim League refused to be part of both and initiated 'Direct Action Day,' triggering large-scale violence across the country.
  • The British government replaced Lord Wavell with Lord Mountbatten to find new solutions.
  • The Cabinet Mission's plan failed because of the distrust between the Indian National Congress and the Muslim League.

Cabinet Mission

  • Sent to India on March 24, 1946, to discuss the transfer of power from the British government to the