CONSTITUENT ASSEMBLY

The Constituent Assembly

Demand for a Constituent Assembly

  • The idea of a Constituent Assembly was first proposed by M.N. Roy.
  • The Indian National Congress formally demanded a Constituent Assembly in 1935.
  • Jawaharlal Nehru emphasized a Constituent Assembly elected by adult suffrage without external interference.
  • The British accepted this demand in the August Offer of 1940.

Composition of the Constituent Assembly

  • Formed in 1946 under cabinet mission plan with 389 members.
  • 296 members from British India, 93 from princely states.
  • Members from British India were elected indirectly by provincial assemblies.
  • Princely state representatives were nominated by their rulers.
  • A mix of elected and nominated members.

Working of the Constituent Assembly

  • First meeting in December 1946 without Muslim League.
  • Dr. Rajendra Prasad became President.
  • Sir B.N. Rau was the constitutional advisor.
  • Muslim League joined later due to the Mountbatten Plan.
  • Held 11 sessions over two years.
  • Adopted the national flag, anthem, and elected Dr. Rajendra Prasad as India's first President.

Objectives Resolution

  • Introduced by Jawaharlal Nehru in December 1946.
  • Outlined the fundamental principles and philosophy of the future Indian constitution.
  • Declared India as a republic.
  • Enshrined social, political, and economic democracy.
  • Guaranteed fundamental rights to all citizens.
  • Safeguarded the rights of minorities and backward classes.
  • Essentially, it served as a blueprint for the Constitution, outlining its core values and aspirations.

Committees of the Constituent Assembly

Major Committees

  • Union Powers Committee: Chaired by Jawaharlal Nehru.
  • Union Constitution Committee: Chaired by Jawaharlal Nehru.
  • Provincial Constitution Committee: Chaired by Sardar Patel.
  • Drafting Committee: Chaired by Dr. B.R. Ambedkar.
  • Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas: Chaired by Sardar Patel.
    • Sub-committees included:
      • Fundamental Rights Sub-committee: Chaired by J.B. Kripalani.
      • Minorities Sub-committee: Chaired by H.C. Mukherjee.
      • North-East Frontier Tribal Areas and Assam excluded and partially excluded areas sub-committee:Chaired by Gopinath Bardoloi.
      • Excluded and partially excluded areas sub-committee: Chaired by A.V. Thakkar.
  • Rules Committee: Chaired by Dr. Rajendra Prasad.
  • States Committee for Negotiating with States: Chaired by Jawaharlal Nehru.
  • Steering Committee: Chaired by Dr. Rajendra Prasad.

Minor Committees

  • Committee on the Functions of the Constituent Assembly: Chaired by G.V. Mavalankar.
  • Order of Business Committee: Chaired by Dr. K.M. Munshi.
  • House Committee: Chaired by B. Pattabhi Sitaramayya.
  • Ad-hoc Committee on the National Flag: Chaired by Dr. Rajendra Prasad.
  • Special Committee to Examine the Draft Constitution: Chaired by Alladi Krishnaswami Ayyar.

 Enforcement of the Constitution

  • The Constitution was adopted on November 26, 1949, and enforced on January 26, 1950 (Republic Day).

Criticisms of the Constituent Assembly

  • Some criticized its indirect election, non-sovereign nature, and long process.
  • Dominance of Congress and lawyers was also questioned.
  • However, the Constitution's secular and inclusive nature counter these criticisms.


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