FIRST MODULE - B1

 

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 with 389 members under Cabinet Mission Plan.
  • 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.

Drafting and Enforcement of the Constitution

  • Dr. Ambedkar's Drafting Committee prepared two drafts.
  • 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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Drafting Committee of the Indian Constitution

The Drafting Committee was a crucial group responsible for creating India's Constitution. Formed on August 29, 1947, it was led by Dr. B.R. Ambedkar, a renowned legal expert.

Members of the Drafting Committee:

  • Dr. B.R. Ambedkar (Chairman)
  • Alladi Krishnaswamy Iyer
  • N. Gopalaswami Ayyangar
  • K.M. Munshi
  • Mohammad Saadulla
  • B.L. Mitter (later replaced by N. Madhav Rau)
  • D.P. Khaitan

This committee played a vital role in analyzing the initial draft, incorporating public suggestions, ensuring legal soundness, and balancing diverse interests to create India's constitution, which was adopted on November 26, 1949.


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The Preamble to the Indian Constitution

Source of the Constitution

  • We, the People of India: This foundational phrase emphasizes that the constitution derives its authority from the people of India, signifying popular sovereignty.

Nature of the Indian State

  • Sovereign, Socialist, Secular, Democratic Republic: This phrase encapsulates the fundamental character of the Indian state.
    • Sovereign: India is an independent nation with the authority to govern itself without external interference.
    • Socialist: The state aims to reduce economic inequalities and ensure social justice. (Added through the 42nd Amendment)
    • Secular: The state respects all religions equally and maintains neutrality. (Added through the 42nd Amendment)
    • Democratic: Power rests with the people, who elect their representatives.
    • Republic: The head of state (President) is elected, not hereditary.

Objectives of the Indian State

  • Justice, Liberty, Equality, Fraternity: These are the core objectives of the Indian state.
    • Justice: Ensuring equality, liberty, and dignity for all citizens.
    • Liberty: Guaranteeing freedom of thought, expression, belief, faith, and worship.
    • Equality: Providing equal opportunities and status to all individuals.
    • Fraternity: Fostering unity and brotherhood among the people of India.

Date of Adoption

  • November 26, 1949: The Constitution was formally adopted on this date.

Important Amendment

  • 42nd Amendment: This amendment significantly altered the Preamble by introducing the terms "socialist" and "secular" and changing "unity of the nation" to "unity and integrity of the nation." These changes reflected the evolving political and social landscape of India.

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Features of the Indian Constitution

Length and Nature

  • The Indian Constitution is the world's longest written constitution.
  • It is a detailed document covering various aspects of governance.

Preamble

  • It's the soul of the constitution.
  • Outlines India as a Sovereign, Socialist, Secular, Democratic Republic.
  • Emphasizes justice, liberty, equality, and fraternity.

Federalism

  • Power is shared between the central government and states.
  • Both levels have their own powers and responsibilities.

Parliamentary System

  • The government is chosen by the people through elected representatives.
  • The executive (government) is responsible to the legislature (parliament).

Separation of Powers

  • The constitution divides power into three branches:
    • Legislature (makes laws)
    • Executive (implements laws)
    • Judiciary (interprets laws)

Fundamental Rights

  • These are basic freedoms guaranteed to citizens.
  • Include rights like freedom of speech, religion, and equality.

Directive Principles of State Policy

  • Guidelines for the government to follow for the welfare of the people.
  • Aim to create a just society.

Secularism

  • India is a secular state, respecting all religions equally.
  • There is no official state religion.

Universal Adult Franchise

  • Every adult citizen has the right to vote.

Independent Judiciary

  • The judiciary is free from the influence of the government.
  • Ensures fair and impartial justice.

Emergency Provisions

  • Special powers can be given to the government in times of crisis under article 352,356,360
  • Three types of emergency are National , State and Financial.

Amendment Process

  • The constitution can be changed through amendment under article 368.

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