Making of the Constitution

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Demanding for Constitution Assembly

  • M. N. Roy (1934) - Idea of a Constituent Assembly.
  • 1935 - Indian National Congress (INC), for the first time, officially demanded a Constituent Assembly.
  • 1938 - Jawaharlal Nehru, on behalf the INC, "the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise".
  • ‘August Offer’ of 1940.
Cripps Mission - 1942
  • 1942 - Sir Stafford Cripps, a Member of the Cabinet, came to India with a draft proposal of the British Government on the framing of an independent Constitution to be adopted after the World War II.
  • When Japan joined with Axis powers and enters its foot in the Eastern India and in Andaman, Churchill decided for the unanimous decision on Indian polity and sent Cripps for the negotiation.
  • The constitution should give India Dominion status- “Which Gandhiji declared a posted dated cheque”
  • The draft declaration consists of recommending an elected body charged with the task of framing the new constitution for India.
  • Provision to be made for participation of Indian states in the constitution making body.
  • The constitution making body would be elected by the members of the lower house of the Provincial legislatures by the system of proportional representation.
  • Both parties INC as well as Muslim League did not accept it, and INC announced for the Quit India movement in 1942.
  • Followed by it, to bring consensus among two parties to accept the proposal of British parliament British parliament arranged for a Shimla Conference (1945) held by the then Governor general of India it also got failed.
Cabinet Mission plan:
  • As another initiative it sent Cabinet Mission Plan as a delegation of three cabinet members along with Cripps to get consensus. The Mission gave on way forward to establish a Constituent assembly in December 1946 for an undivided India but Muslim League did not attend the constituent assembly and went for another constituent assembly.
  • The British replaced Wavell by Mountbatten as a viceroy in order to expediate the preparation for the transfer of power
  • According to the Mountbatten plan Partition was accepted and, on the 26 July 1947, he announced for setting up of separate constituent assembly for Pakistan and approved in British parliament on June 3, 1947
Composition of the Constitution Assembly
  • Each province and princely state (or group of states in case of small states) allotted seats with respective population. Roughly, one seat was to be allotted for every million populations.
  • Seat allocation - Muslims, Sikhs and General.
  • Voting: Single transferable vote
Constitution Assembly
  • C.A. constituted in Nov 1946 under CMP. (Cabinet Mission Plan).
  • First meeting on December 9, 1946. The title of the first debate was "Election of Temporary Chairman" (Muslim League bycotted)
  • Request Acharya J. B. Kripalani, Dr. Sachchidananda Sinha take chair as temporary Chairman.
  • Later, Dr. Rajendra Prasad – President, H.C. Mukherjee and V.T. Krishnamachari - Vice-Presidents.
  • December 13, 1946, Jawaharlal Nehru moved Objective Resolution. It is unanimously adopted by the Assembly on January 22, 1947.
  • Preamble is modified version of Objective Resolution.
  • Mahatma Gandhi was not part of C.A.
Function performed
  • Ratified the India’s membership of the Commonwealth in May 1949.
  • National flag on July 22, 1947.
  • National anthem on January 24, 1950
  • National song on January 24, 1950
  • Dr. Rajendra Prasad as the first President of India on January 24, 1950
  • Draft constitution – 114 days, expenditure of 64 lakh.
Major Committees
  • Union Powers Committee - Jawaharlal Nehru
  • Union Constitution Committee -Jawaharlal Nehru
  • Provincial Constitution Committee -Sardar Patel
  • Drafting Committee - Dr. B.R. Ambedkar
  • Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas - Sardar Patel. This committee had the following five sub-committees:
  • 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 (other than those in Assam) Sub-Committee - A.V. Thakkar
  • North-West Frontier Tribal Areas Sub –Committee
  • Rules of Procedure Committee - Dr. Rajendra Prasad
  • States Committee (Committee for Negotiating with States) - Jawaharlal Nehru
  • Steering Committee - Dr. Rajendra Prasad
Minor Committees
  • Finance and Staff Committee - Dr. Rajendra Prasad
  • Credentials Committee - Alladi Krishnaswami Ayyar
  • House Committee - B. Pattabhi Sitaramayya
  • Order of Business Committee - Dr. K.M. Munshi
  • Ad-hoc Committee on the National Flag - Dr. Rajendra Prasad
  • Committee on the Functions of the Constituent Assembly - G.V. Mavalankar
  • Ad-hoc Committee on the Supreme Court - S. Varadachari (Not an Assembly Member)
  • Committee on Chief Commissioners’ Provinces - B. Pattabhi Sitaramayya
  • Expert Committee on the Financial Provisions of the Union Constitution -Nalini Ranjan Sarkar (Not an Assembly Member)
  • Linguistic Provinces Commission - S.K. Dar (Not an Assembly Member)
  • Special Committee to Examine the Draft Constitution - Jawaharlal Nehru
  • Press Gallery Committee - Usha Nath Sen
  • Ad-hoc Committee on Citizenship - S. Varadachari (Not an Assembly Member)
Drafting Committee
  • August 29, 1947 - task of preparing a draft of the new Constitution.
  • Members
    • Dr. B.R. Ambedkar (Chairman)
    • N. Gopalaswamy Ayyangar
    • Alladi Krishnaswamy Ayyar
    • Dr. K.M. Munshi
    • Syed Mohammad Saadullah
    • N. Madhava Rau (He replaced B.L. Mitter who resigned due to ill-health)
    • T.T. Krishnamachari (He replaced D.P. Khaitan who died in 1948)
  • First Draft - February, 1948, Second Draft - October, 1948, Final draft - November 4, 1948.
The Constitution
Enactment
  • First reading - November 4, 1948.
  • Second November 15, 1948.
  • Third November 14, 1949.
  • Passed on November 26, 1949. (Preamble enacted)
Enforcement
  • Some provision already enforced article 5,6,7,8….. came force on November 26,1949.
  • Major part on January 26, 1950 - ‘date of commencement’ (day in 1930 that Purna Swaraj day).
  • The Abolition of Privy Council Jurisdiction Act (1949) continued.
Experts Committee of the Congress
  • July 8, 1946, INC appoint the committee for purpose of preparing material for the Constituent Assembly, Jawaharlal Nehru (Chairman).
  • First at New Delhi from July 20 to 22, 1946 and second at Bombay from August 15 to 17, 1946
Hindi text of the Constitution
  • 58th Constitutional Amendment Act of 1987 insert Article 394-A in part XXII.
  • Translation of the Constitution in Hindi language. Every amendment translated to Hindi.
Criticism of Constitution
  • Not a representative body
  • Not a constitution body.
  • Time consuming.
  • Dominated by congress.
  • Lawyer-Politician Domination.
  • Dominated by Hindus.
Facts
  • Elephant adopted as C.A. symbol.
  • Sir B.N. Rau was Constitutional Adviserto C.A.
  • H.V.R. Iyengar was Secretary to C.A.
  • S.N. Mukherjee was chief draftsman of constitution in C.A.
  • Prem Behari Raizada was the calligrapher of the Constitution.
  • Nand Lal Bose & B.R. Sinha decorated & beautified the Constitution.
  • Hindi version calligraphy done by Vasant Krishan Vaidya & illuminated by Nand Lal Bose.

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