Untitled Notes

M.N. Roy's Proposal (1934)
  - M.N. Roy, founder of the Communist Party of India, proposed the need for a Constituent Assembly.
  - He insisted on creating a "non-partisan, impartial, representative, autonomous body" that would weigh social responsibility.
  - This body was to create a document leading India towards rational self-determination.
1935 Congress Manifesto
- The demand for a Constituent Assembly became part of the Indian National Congress manifesto as the push for full independence grew.
The August Offer (1940)
- Lord Linlithgow proposed this offer, which allowed for a future Constituent Assembly if Indians cooperated with Britain's war efforts.
- The Congress rejected the offer as it was deemed insufficient and a tactic to silence protests.
Cabinet Mission (1946)
- A mission led by Stafford Cripps aimed to negotiate Independence and the relationship between the Congress and the Muslim League.
- The Cabinet Mission Plan led to the first elections for the Constituent Assembly in India.

Composition of the Assembly
  - The Constituent Assembly aimed for broad representation, elected by provincial assemblies.
  - Final Assembly Composition:
    - 292 provincial representatives
    - 93 nominees from princely states
    - 4 representatives from chief commissioner provinces
Political Dynamics
- Congress won 208 provincial representative seats while the Muslim League secured 73 seats.
- The Muslim League claimed this distribution would result in an unequal Constitution, hindering agreement.
Independence and Partition (1947)
  - On June 3, 1947, the Cabinet Mission Plan was scrapped.
  - The India Independence Act was announced, leading to the recognition of Pakistan's separate statehood.
  - A separate Constituent Assembly was formed for Pakistan, with fresh elections held in affected areas.
First Meeting of the Constituent Assembly (December 31, 1947)
- 299 delegates representing various religions, castes, and regions convened.
- Dr. Rajendra Prasad was elected President, HC Mookherjee as Vice President, and Dr. B.R. Ambedkar as the Chair of the Drafting Committee, with BN Rau serving as constitutional advisor.

Main Objectives
  - Proclaim India as an independent sovereign republic and draft a constitution for governance.
  - Create a union of states, granting them autonomous rights while defining certain powers for the Union.
  - Ensure all state organs derive power from the people (legislative, judiciary, executive).
  - Guarantee social, economic, and political justice, equality of opportunity and before the law.
  - Uphold freedom of thought, expression, belief, worship, association, and action, subject to law and morality.
  - Provide safeguards for minorities, backward tribes, and classes to maintain territorial integrity.

Draft Constitution Presentation (November 4, 1948)
- Dr. B.R. Ambedkar presented the draft to the Constituent Assembly for debate and discussion.
- The period from November 15, 1948, to October 17, 1949, involved detailed scrutiny and clause-by-clause amendment votes.
Constitution's Discussion on Freedom of Speech (December 1948 & October 1949)
  - The assembly debated Draft Article 13 concerning the right to freedom of speech and expression.
  - The original draft stated:
    - "There shall be liberty for the exercise of the following rights subject to public order and morality or to the existence of grave emergency… whereby the security of the Union or the Unit is threatened… (a) The right of every citizen to freedom of speech and expression…"
    - This provision included the potential for laws to punish seditious, obscene, blasphemous, slanderous, libelous, or defamatory publications.
  - This proposal faced substantial resistance within the assembly.

Critiques of Draft Article 13
  - Somnath Lahiri, Communist Party member, argued that "grave emergency" was vague and subject to interpretation.
    - He queried why freedom of the press was not explicitly guaranteed.
    - Suggested replacing "security of the Union" with "defence of the Union".
  - Bhopinder Singh Mann accused the Drafting Committee of perpetuating older orders, fearing misuse of power to suppress assemblies and imprison without trial.
  - Sardar Hukum Singh felt the Supreme Court lacked sufficient power, with excessive powers given to the legislature.
  - Thakur Dass Bharagava recommended adding "reasonable" before restrictions to ensure clarity.

Support for Draft Article 13
  - K. Hanumanthiya argued that the legislature served as the better forum for regulating fundamental rights, as they are representatives of the people.
  - Brajeshwar Prasad added that trust in the state was important, asserting that current leaders would not harm the populace.
  - Prof. N.G. Ranga stated that restrictions were necessary to prevent totalitarianism from utilizing freedom of speech to undermine democracy.

Dr. Ambedkar's Defense
  - In response to critics, Ambedkar invoked Gitlow v. New York, emphasizing:
    - "It is a fundamental principle… that the freedom of speech and of the press… does not confer an absolute right… or an unrestricted and unbridled license…"
    - Argued that unfettered freedom could lead to criminal abuses, thus justifying certain legal restrictions.

Final Version of Freedom of Expression
  - Article 19 (1) details rights concerning freedom of speech, assembly, association, and movement:
    - (1) All citizens shall have the right:
      - (a) to freedom of speech and expression;
      - (b) to assemble peaceably and without arms;
      - (c) to form associations or unions;
      - (d) to move freely throughout the territory of India;
      - (e) to reside and settle in any part of the territory of India;
      - (g) to practice any profession or carry on any occupation, trade or business.
Limitations Imposed by Article 19
  - Article 19 (2) states that rights under (1) may be subject to laws that impose reasonable restrictions in the interests of:
    - Sovereignty and integrity of India,
    - Security of the State,
    - Friendly relations with foreign States,
    - Public order,
    - Decency or morality,
    - Contempt of court,
    - Defamation,
    - Incitement to an offence.