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  • Key values withdrawn: Universal adult franchise, right to freedom and equality, rights of minorities.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.