Overview of the Indian Constitution
The Indian Constitution is codified, written in a single document, and enacted by a single body.
Came into effect on 26 January 1950.
It is characterized by a blend of rigidity and flexibility.
The Constituent Assembly debated and finalized the Constitution from December 1946 to January 1950.
Influenced by consensus developed through the freedom struggle which transformed Indian society and politics.
Length: 395 articles and 8 schedules outlining the architecture of the new state.
Historical Context
Key Milestones in the Making of the Indian Constitution
1928: Draft prepared by Motilal Nehru and eight Congress members.
1931: Resolution on the idea of a constitution for independent India during the Karachi Session of the Indian National Congress.
Key values withdrawn: Universal adult franchise, right to freedom and equality, rights of minorities.
1934: M.N. Roy proposes the idea of a constituent assembly, emphasizing that India should have a democratic government chosen by its own people, laying the groundwork for future constitutional efforts.
1935: The Government of India Act becomes law, which included provisions for a central government but was criticized for lacking a truly democratic framework. The Indian National Congress supports the demand for a constituent assembly, indicating a shift towards a more assertive approach for self-governance.
1938: Jawaharlal Nehru, a prominent leader in the Congress party, insists that the constituent assembly must consist solely of Indians without British members, reinforcing the goal of complete independence and self-determination.
1940: The British government agrees to the demand for a constituent assembly during the August Offer, suggesting a recognition of the inevitability of Indian self-rule amidst growing nationalist sentiments.
1942: The Cripps Mission proposes constitutional reforms and states that the formation of the assembly will happen post-World War II. This indicates the British government's attempt to placate Indian leaders while managing the war situation.
1946: The Cabinet Mission arrives in India, leading to the establishment of the constituent assembly. It is a crucial step toward decolonization and establishes a framework for the transition to self-government.
Timeline of Events
1934: M.N. Roy proposes idea of a constituent assembly for the Constitution.
1935: Indian National Congress supports demand for a constituent assembly.
1938: Jawaharlal Nehru indicates that the assembly should consist solely of Indians.
1940: British government accepts demand for the constituent assembly in the August Offer.
1942: Cripps Mission states that formation of the assembly will occur post-World War II (1939-1945).
1946: The Cabinet Mission forms the constituent assembly.
Composition of the Constituent Assembly
Total seats: 389 (296 from British India, 93 from Princely States).
Majority seats held by Congress: 208.
First meeting: 9th December 1946 with 211 members.
First President of Assembly: Dr. Sachidanand Sinha.
Permanent President: Dr. Rajendra Prasad.
Vice President: H. C. Mukherjee.
Constitutional Advisor: B. N. Rao.
Objective Resolution
Presented: By Jawaharlal Nehru on 13th December 1946.
Passed: 22nd July 1947.
Lays the philosophical foundation of the Constitution.
Major Developments Post-Formation
3rd June 1947: Mountbatten plans for two constituent assemblies, leading to a reduction of seats to 299.
26 November 1949: Constitution adopted.
Demand for a Constituent Assembly
Annie Besant (1922): Called for a conference to draft a constitution.
Indian Commonwealth Bill (1925): Presented to British Parliament.
Motilal Nehru Report (1928): First major attempt for a constitution.
Round Table Conferences (1930-1932): Discuss constitutional reforms.
Acceptance and Adoption of the Constitution
Proportional representation for elections; one seat for every 10 lakh people.
Work of the Assembly: Drafting and passing of the Constitution took place from December 1946 to November 1949.
Criticism of the Constituent Assembly
Considered non-representative as it was not directly elected.
Labeled non-sovereign since established by British government proposal.
Criticized for being time-consuming and for perceived Congress and Hindu dominance.
Changes Post-Independence Act
The assembly became sovereign, capable of amending laws made by British Parliament.
It functioned as both a constitution-making body and a legislative parliament.
Key functions included adopting the national flag and national anthem.
Features of Objective Resolution
Guided the assembly to achieve:
Economic stability.
Political security.
Unity of the nation.
Proclaiming India as a sovereign democratic republic.
Ensuring federal governance and justice, equality, freedom.
Protecting rights of backward communities.
Maintaining territorial integrity and sovereignty.
Promoting world peace.
Enactment and Enforcement of the Constitution
Motion on Draft Constitution approved on 26 November 1949.
Effective Date: 26 January 1950, except for certain provisions which took effect from 26 November 1949.
The Indian Independence Act of 1947 and the Government of India Act of 1935 were repealed.
Women in the Constituent Assembly
Women played significant roles, making important contributions to the Constitution's formation.
Rajkumari Amrit Kaur: First woman cabinet minister, contributed to health policies.
Ammu Swaminathan: Supported the foundation of Fundamental Rights and Directive Principles.
Leela Ray: Advocated for women's empowerment.
Dakshayani Velayudan: Actively opposed separate electorates for Harijans.
G. Durgabai: Addressed issues of judicial appointments and legal protections for minors.
Begum Aizaz Rasul: Advocated for stable ministries and rights of minorities.
Hansa Mehta: Stressed on social justice for women.
Conclusion
The efforts of notable personalities in the Constituent Assembly significantly contributed to India's sovereignty, democracy, and freedom.
The Constitution remains a vital document ensuring rights and duties for the citizens of India.