The Constituent Assembly of India was the body responsible for drafting the Constitution of India. It played a crucial role in shaping the political, legal, and social framework of independent India. The Assembly’s work led to the adoption of Constitution on January 26, 1950, marking the birth of Republic of India.
Background and Formation
Idea of a Constituent Assembly: The idea of a Constituent Assembly was first proposed by M. N. Roy in 1934 and later endorsed by the Indian National Congress in 1935. The demand for a Constituent Assembly became a key part of Indian freedom struggle.
Cabinet Mission Plan, 1946: The British government, under pressure from growing independence movement, sent Cabinet Mission to India in 1946. The mission proposed formation of a Constituent Assembly to draft a new constitution. The plan was accepted by both Congress and Muslim League, though the latter eventually demanded a separate nation of Pakistan.
Elections and Composition: The elections to Constituent Assembly were held in July 1946. The Assembly consisted of 389 members, with 296 seats allocated to British Indian provinces and 93 to princely states. The members were elected by provincial legislative assemblies through a single transferable vote system.
Representation: The Assembly was composed of members from various backgrounds, including freedom fighters, lawyers, scholars, and social reformers. Notable members included Dr. B. R. Ambedkar, Jawaharlal Nehru, Sardar Vallabhbhai Patel, Maulana Abul Kalam Azad, and Sarojini Naidu. The Muslim League initially participated but later boycotted the Assembly, demanding a separate state of Pakistan.
Key Phases of the Constituent Assembly
First Meeting (December 9, 1946): The Constituent Assembly held its first meeting on December 9, 1946, with Dr. Sachidananda Sinha serving as temporary chairman. On December 11, 1946, Dr. Rajendra Prasad was elected as permanent chairman of the Assembly.
Objective Resolution (December 13, 1946): Jawaharlal Nehru moved the Objective Resolution, which outlined guiding principles of Constitution, including justice, equality, liberty, and fraternity. This resolution was adopted on January 22, 1947, and later became Preamble of the Constitution.
Impact of Partition (August 15, 1947): The partition of India and creation of Pakistan led to the withdrawal of Muslim League members from the Assembly. This reduced the number of seats and led to reorganization of the Assembly. The princely states, which had the option to join either India or Pakistan, mostly chose to join India, and their representatives became members of the Assembly.
Drafting Committee (August 29, 1947): The Drafting Committee, chaired by Dr. B. R. Ambedkar, was formed to prepare the draft constitution. Other members included Alladi Krishnaswami Ayyar, K. M. Munshi, Mohammad Saadullah, B. L. Mitter, and D. P. Khaitan. Dr. Ambedkar, as the chairman, played a pivotal role in drafting the Constitution.
Draft Constitution (February 1948): The Draft Constitution was prepared and presented to the Assembly by Dr. Ambedkar in February 1948. The draft was debated and discussed extensively over next two years, with members making several amendments and suggestions.
Adoption of the Constitution (November 26, 1949): After nearly three years of deliberations, the Constituent Assembly adopted the Constitution of India on November 26, 1949. The day is now celebrated as Constitution Day. The Constitution was signed by 284 members of the Assembly.
Enforcement of the Constitution (January 26, 1950): The Constitution of India came into effect on January 26, 1950, a day chosen to commemorate the Purna Swaraj declaration of 1930. Dr. Rajendra Prasad became the first President of India, and India was declared a sovereign, democratic republic.
Key Features of the Indian Constitution
Preamble: The Preamble outlines the fundamental values and principles of the Constitution, including justice, liberty, equality, and fraternity. It also declares India as a sovereign, socialist, secular, and democratic republic.
Federal Structure: The Constitution establishes a federal system with a clear division of powers between the central government and the states. However, it also includes features of a unitary system, giving the central government significant authority in certain areas.
Fundamental Rights: The Constitution guarantees fundamental rights to all citizens, including the right to equality, freedom, protection from exploitation, freedom of religion, cultural and educational rights, and the right to constitutional remedies.
Directive Principles of State Policy: The Directive Principles, inspired by the Irish Constitution, are guidelines for state to promote social and economic welfare. Though not legally enforceable, they are fundamental in the governance of the country.
Parliamentary System: The Constitution adopts a parliamentary system of government, with the President as the head of state and the Prime Minister as the head of government. The Parliament consists of two houses: Lok Sabha (House of the People) and Rajya Sabha (Council of States).
Independent Judiciary: The Constitution establishes an independent judiciary, with Supreme Court at the apex, followed by High Courts and subordinate courts. The judiciary has power of judicial review to ensure the constitutionality of laws.
Amendment Process: The Constitution provides for its amendment, allowing it to adapt to changing needs and circumstances. The amendment process is detailed in Article 368, and amendments require a special majority in Parliament.
Legacy of the Constituent Assembly
Inclusive and Democratic: The Constituent Assembly's debates and discussions were marked by a spirit of inclusiveness, with members representing diverse ideologies, religions, and regions. The Assembly's work was a testament to democratic values and the principle of consensus.
Vision for Modern India: The Constitution drafted by the Constituent Assembly laid the foundation for a modern, democratic, and inclusive India. It reflected the aspirations of the Indian people for justice, equality, and freedom.
Enduring Document: The Indian Constitution, with its emphasis on fundamental rights, social justice, and democratic governance, has remained a robust and enduring document. It has guided India's development and progress for over seven decades.
Conclusion
The Constituent Assembly of India played a pivotal role in shaping the future of independent India. Its members, through their dedication and vision, crafted a Constitution that has stood the test of time and continues to guide the nation. The Assembly's work was a remarkable achievement in the history of democratic governance and has left a lasting legacy for generations to come.
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