Law and You > Constitutional Law > The Constituent Assembly of India: A Comprehensive Overview

The Constituent Assembly of India was a pivotal body in the creation of the Indian Constitution, which laid the foundation for the world’s largest democracy. A body of fundamental rules and regulations according to which a country is organized and governed, is called a constitution. In constitution the structure and organization of government, its powers and functions are given. Besides this, the rights and duties of the people are also mentioned. The first constitution of the world is a document called Magna Carta (means Great Charter) was signed by King John of England on 15 June 1215. This was the first written documents regarding the structure and organization of government, its powers, and functions. Many democracies all over the world have based their constitutions on the guidelines of Magna Carta.

Historical Context

Before independence, India was under British colonial rule, and the demand for constitutional reforms and self-governance had been growing. Various rounds of negotiations, including the Simon Commission, the Round Table Conferences, and the Government of India Acts (1935), provided limited concessions but did not fully address the aspirations of Indian leaders and the masses. The idea of a constituent assembly was first proposed in 1934 by M.N. Roy. 

The Indian independence movement, spearheaded by leaders like Mahatma Gandhi, Jawaharlal Nehru, and Sardar Vallabhbhai Patel, emphasized the need for a self-governing India with a constitution that reflected the country’s diverse and democratic aspirations. The demand for a constituent assembly became a central theme of the freedom struggle, culminating in the adoption of the resolution for a Constituent Assembly in the 1942 Quit India Resolution.

Formation of the Constituent Assembly

• Cripps Mission and the August Offer: In 1942, Sir Stafford Cripps proposed a plan for Indian self-government, which included the formation of a constituent assembly. However, the Cripps Mission’s proposals were initially rejected by Indian leaders, who sought more substantial guarantees for full self-governance and independence.
• The Cabinet Mission Plan (1946): The Cabinet Mission Plan of 1946 marked a significant step towards the formation of the Constituent Assembly. The mission, led by British officials, proposed a federal structure with a Constituent Assembly to draft the Constitution. The plan included provisions for the election of members to the Assembly through provincial elections and the representation of princely states. There was no role played by the Muslim League in the constituent assembly as it had boycotted this meeting citing its demand for partition.
• Election: The elections to the Constituent Assembly were held in 1946, with representatives elected by provincial legislative assemblies. The members of this assembly were elected indirectly, i.e., by the members of the provincial assemblies by the method of a single transferable vote of proportional representation.
• Composition: The Assembly consisted of 389 members, including representatives from British India and princely states. The final composition saw 299 members from British India and 70 from princely states. Dr. Sachchidananda Sinha was the first temporary chairman of the Constituent Assembly. Later, Dr. Rajendra Prasad was elected as the President and its Vice President was Harendra Coomar Mookerjee. BN Rau was the constitutional advisor.

Chairmanship and Committees:

The Constituent Assembly elected Dr. Rajendra Prasad as its President, and Dr. B.R. Ambedkar was appointed as the Chairman of the Drafting Committee. The Assembly was organized into several committees to handle various aspects of the Constitution, including the Drafting Committee, the Advisory Committee on Fundamental Rights, and the Committee on the States.

Important Committees of Constituent Assembly and Their Chairmen:

• Committee on the Rules of Procedure: Rajendra Prasad
• Steering Committee: Rajendra Prasad
• Finance and Staff Committee: Rajendra Prasad
• Credential Committee: Alladi Krishnaswami Ayyar
• House Committee: B. Pattabhi Sitaramayya
• Order of Business Committee:   K.M. Munsi
• Ad hoc Committee on the National Flag:   Rajendra Prasad
• Committee on the Functions of the Constituent Assembly:  G.V. Mavalankar
• States Committee: Jawaharlal Nehru
• Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas: Vallabhbhai Patel
•  Minorities Sub-Committee:  H.C. Mookherjee
• Fundamental Rights Sub Committee: J.B. Kripalani
• 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
• Union Powers Committee:  Jawaharlal Nehru
• Union Constitution Committee:  Jawaharlal Nehru
• Drafting Committee: B.R. Ambedkar

Role of Key Figures

• Dr. B.R. Ambedkar: Known as the principal architect of the Indian Constitution, Ambedkar’s leadership in the Drafting Committee was instrumental in shaping the Constitution. His expertise in law and his commitment to social justice were reflected in the Constitution’s provisions.
• Jawaharlal Nehru: As a leading figure in the freedom struggle and the first Prime Minister of India, Nehru’s vision of a modern, democratic India influenced many aspects of the Constitution, particularly in terms of governance and socio-economic policies.
• Sardar Vallabhbhai Patel: Patel’s efforts in integrating princely states into the Indian Union and his contributions to the Assembly were crucial in shaping the federal structure of the Constitution.

Major Debates and Discussions:

Sessions of the Constituent Assembly:

On 9 th December 1946, the Constituent Assembly sat for the first time. In the span of 2 years 11 months and 17 days, it completed its task of framing the Indian Constitution. During this period the Constituent Assembly had 11 sessions and sat for a total of 166 days.

• First Session: 9-23 December 1946
• Second Session: 20-25 January 1947
• Third Session: 28 April – 2 May 1947
• Fourth Session: 14-31 July 1947
• Fifth Session: 14-30 August 1947
• Sixth Session: 27 January 1948
• Seventh Session: 4 November 1948 – 8 January 1949
• Eighth Session: 16 May – 16 June 1949
• Ninth Session: 30 July – 18 September 1949
• Tenth Session: 6-17 October 1949
• Eleventh Session: 14-26 November 1949, on 26^th November 1949, the constitution of India was passed.
• The Assembly met once again on 24 January 1950, when the members appended their signatures to the Constitution of India

A major chunk of deliberations of the Constituent Assembly was on the Draft Constitution(s) prepared by the Drafting Committee. Members of the Constituent Assembly proposed amendments which had to be submitted in advance to the Chairman, and these were debated at length. At the end of a debate around an Article of the Draft Constitution, the Constituent Assembly either adopted or rejected amendments. It took decisions through a majority vote.

Drafting the Constitution

The drafting of the Constitution was a meticulous process that involved extensive debates and discussions. Key issues debated included:

• Federal Structure: The balance of power between the central government and states was a major topic of debate. The Assembly ultimately adopted a federal structure with a strong central government, reflecting the need for unity and stability in a diverse country.
• Fundamental Rights: The inclusion and scope of Fundamental Rights were thoroughly discussed, resulting in a comprehensive list of rights designed to protect individual freedoms and promote social justice.
• Directive Principles of State Policy: The Directive Principles were included to guide state policy towards achieving socio-economic justice. These principles, while not justiciable, set forth goals for the state to achieve in the interest of the public welfare.

Reconciliation of Interests

The Assembly had to reconcile diverse and often conflicting interests, including those of different religious communities, linguistic groups, and regional interests. Compromises were made to accommodate these diverse perspectives, ensuring broad acceptance of the final draft.

Objective Resolution:

On 13 December 1946, Jawaharlal Nehru moved the ‘Objective Resolution’. Objective Resolution enshrined the aspirations and values of the constitution-makers. Under this, the people of India were guaranteed social, economic and political justice, equality and fundamental freedoms. This resolution was unanimously adopted on 22 January 1947 and the Preamble to the Constitution is based on it.

Adoption and Enactment

• Adoption of the Constitution: The final draft of the Constitution was adopted on November 26, 1949, after extensive deliberations and amendments. This day is celebrated as Constitution Day in India. The Constitution came into effect on January 26, 1950, marking the establishment of the Republic of India. The final document had 22 Parts, 395 Articles and 8 Schedules.
• Significance of January 26: January 26 was chosen as the date for the Constitution to come into effect to honour the declaration of Purna Swaraj (complete independence) made by the Indian National Congress on January 26, 1930.

Impact and Legacy

• Establishment of a Democratic Framework: The Constitution established India as a sovereign, socialist, secular, and democratic republic. It laid the groundwork for a robust parliamentary system, an independent judiciary, and a federal structure that accommodates India’s diversity.
• Protection of Rights and Justice: The inclusion of Fundamental Rights and Directive Principles ensured a framework for the protection of individual liberties and the promotion of social and economic justice. The judiciary’s role in interpreting and upholding these rights has been pivotal in advancing the Constitution’s promises.
• Adaptability and Evolution: The Constitution’s ability to adapt through amendments and judicial interpretations has allowed it to remain relevant in addressing new challenges and evolving societal needs. This adaptability is a testament to the foresight and flexibility built into the document by the Constituent Assembly.

Criticism to Constituent Assembly:

The Constituent Assembly of India, despite its significant contributions to the formation of the Indian Constitution, has faced various criticisms. These critiques address aspects of its composition, processes, decisions, and the broader implications of its work.

Lack of Broad Representation

• Limited Scope: Critics argue that the Constituent Assembly did not adequately represent all sections of Indian society. Although it included representatives from diverse regions and communities, some felt that certain groups, particularly marginalized communities and smaller political entities, were underrepresented.
• Exclusion of Certain Groups: The Constituent Assembly did not include representatives from the princely states until the latter stages of its formation. While princely states were eventually represented, their late inclusion may have affected the comprehensiveness of the debate and decision-making process.

Dominance of Elite Groups

• Elite Bias: The Assembly has been criticized for being dominated by elite and upper-caste groups, which some argue led to the prioritization of their perspectives and interests. Critics suggest that this dominance may have resulted in insufficient attention to the needs and aspirations of lower-caste groups and poorer sections of society.

Lack of Public Participation

• Limited Public Involvement: The Constituent Assembly was a representative body, but its members were primarily drawn from existing political structures and did not directly involve the general public in the drafting process. This has led to criticisms regarding the democratic legitimacy of the Assembly’s decisions and the extent to which they reflected the popular will.

Controversial Compromises

• Compromises on Federalism: The Assembly’s decisions on federalism have been criticized for not fully addressing regional aspirations and autonomy. Critics argue that the strong central government structure may have marginalized regional interests and created tensions between the central and state governments.
• Social and Economic Issues: Some decisions, particularly those related to socio-economic policies and affirmative action, have faced criticism for either not going far enough or for being too ambitious. The balance between safeguarding individual rights and promoting social justice has been a contentious issue.

Impact of British Colonial Legacy

• Colonial Influences: The legacy of British colonial rule had a significant impact on the drafting of the Constitution. Critics argue that some aspects of the Constitution retained colonial-era administrative and legal frameworks, which may not have fully aligned with the needs and values of an independent India.

Political Pressures and Negotiations

• Political Dealings: The Constituent Assembly operated in a complex political environment, influenced by ongoing negotiations with the British government and internal political pressures. Critics argue that these factors may have affected the Assembly’s ability to make decisions purely based on democratic ideals and long-term national interests.

Inadequate Addressing of Social Inequalities

• Social Justice Issues: Despite its efforts, the Constituent Assembly has been criticized for not fully addressing deep-seated social inequalities. Some critics argue that the provisions for affirmative action and social justice were either insufficient or inadequately implemented, leaving many marginalized communities without the desired level of empowerment.

Gender Representation

• Gender Imbalance: The Constituent Assembly had a very limited number of female members, which has been criticized as a reflection of the broader gender imbalances of the time. This lack of female representation may have impacted the inclusion of gender-specific issues and perspectives in the Constitution.

Constitution as a Static Document

• Initial Rigidity: At the time of its drafting, the Indian Constitution was seen by some as a static document that might not adapt quickly to changing circumstances. Although the Constitution has evolved through amendments and judicial interpretations, critics argue that certain provisions were initially rigid and needed more flexibility.

Impact on Federal Relations

• Centralization vs. Decentralization: The centralization of power has been a point of contention, with some arguing that the Constitution did not do enough to address regional autonomy and the diverse needs of different states. This has led to ongoing debates about the balance of power between the central and state governments.

Ideological Biases

• Secularism and Religion: The secular nature of the Indian Constitution, while progressive, has faced criticism from various ideological perspectives. Some argue that the secular framework does not adequately address the complexities of religious diversity and minority rights in India.
• Socialism vs. Capitalism: The socialist elements of the Constitution have been debated, with some arguing that the emphasis on state control and social welfare conflicted with the principles of free-market capitalism, potentially stifling economic growth and innovation.

Chronology of Some Important Events

Year/Date	Event
1942	Cripps Mission
1946	Cabinet Mission
1946	Constituent Assembly (CA) Elections
9th December 1946	First sitting of CA at Delhi
22nd July 1947	National Flag adopted
29th August 1947	Drafting Committee set up
May 1949	Membership of Common Wealth ratified
26th November 1949	Constitution of India passed
24th January 1950	Members appended their signatures
24th January 1950	National Song and National Anthem adopted
24th January 1950	Dr. Rajendra Prasad elected as the first President
26th January 1950	Constitution came into force
26th January 1950	India is declared as Sovereign Democratic Republic

Conclusion

The Constituent Assembly of India played a foundational role in shaping the Indian Constitution, reflecting a careful blend of global influences and indigenous values. Its members’ diverse expertise, extensive debates, and commitment to democratic principles resulted in a Constitution that has guided India through decades of change and growth. As a living document, the Constitution continues to evolve, reflecting the dynamic nature of Indian society and its enduring commitment to justice, equality, and democracy. The legacy of the Constituent Assembly is evident in the Constitution’s continued relevance and its role in shaping India’s democratic identity.

The Constituent Assembly of India, while instrumental in framing a Constitution that has guided the world’s largest democracy, has faced various criticisms regarding its composition, decision-making processes, and the adequacy of its provisions. These critiques highlight the challenges of drafting a comprehensive and inclusive Constitution in a diverse and rapidly changing society. Despite these criticisms, the ability of the Indian Constitution to evolve through amendments and judicial interpretations has allowed it to address many of the issues raised, demonstrating its resilience and adaptability in meeting the needs of a dynamic democracy.

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