The Hindu Editorial Analysis- 26th November 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

What was the composition of the Constituent Assembly?

• The Constituent Assembly was made up of members who were chosen in two ways: some were elected and others were nominated.
• The elected members were not directly chosen by the people. Instead, they were selected by members of the provincial legislative Assembly.
• Members of the provincial legislative Assembly were elected through a system that had a limited franchise, meaning only certain people could vote.

What were the developments during the making of the Indian Constitution?

• The Indian Constitution was created by the Constituent Assembly, which was formed according to the rules set by the Cabinet Mission of May 1946.
• The Assembly's main job was to draft a Constitution that would help in transferring sovereign power from the British to the people of India.
• 9 December 1946: The Constituent Assembly held its first meeting.
• 11 December 1946: 
  • Rajendra Prasad was elected as President.
  • Harendra Coomar Mookerjee and V.T. Krishnamachari were chosen as Vice Presidents.
  • B. N. Rau was appointed as the legal advisor for the Constitution.
• 13 December 1946: Jawaharlal Nehru presented the important "Objective Resolution" to the Assembly, which outlined the guiding principles of the Indian Constitution.
• The resolution aimed to: 
  • Ensure economic and political security in India through a written Constitution.
  • Declare India as a Sovereign and Democratic Republic.
  • Create a federal system with a fair distribution of powers between the central government and the states.
  • Promote equality, justice, and freedom of thought, expression, belief, faith, and association for all citizens.
  • Provide necessary protection for minorities and backward sections of society.
  • Ensure the integrity of India’s territory and uphold the laws of civilized nations regarding rights on land, sea, and air.
• 22 January 1947: The Assembly unanimously adopted the Objective Resolution.

July 1947- Indian Independence Act, 1947:The Act made the following changes in the position of the Constituent Assembly: 

• The Assembly was granted full independence and the ability to create any Constitution it wanted.
• The Act allowed the Assembly to cancel or change any law made by the British Parliament concerning India.
• The Assembly was also given the power to make laws, becoming India's first free Parliament, known as the Dominion Legislature.
• Dr. Rajendra Prasad led the Assembly meetings as the Constituent body, while G.V. Mavlankar led the meetings as the Legislative body.
• July to October 1947: The Constitutional advisor began creating the first draft of the Constitution by gathering and organizing the reports that had already been discussed and accepted.
• 22 July 1947: The Constituent Assembly approved the National flag.
• October 1947 to February 1948: The Drafting Committee worked on the Constitution, producing a draft that included 315 Articles and 8 Schedules by February 21, 1948.
• 4 to 9 November 1948: The Drafting Committee released the draft Constitution of India, which was presented in the Assembly in November 1948.
• 15 November 1948 to 17 October 1949: The Assembly held discussions on the draft clause by clause.
• May 1949: The Constituent Assembly accepted and approved India's membership in the British Commonwealth.
• 14 to 26 November 1949: The Assembly completed the third reading of the Constitution.
• 26 November 1949: The Constituent Assembly officially adopted the Constitution of India.
• 24 January 1950: The Constituent Assembly elected Dr. Rajendra Prasad as the first President of India and adopted the National anthem and National song.

When did the Constitution come into force?

• According to the Constitution, it officially began on January 1950, when it was fully put into effect. 
• This date was chosen to honor the announcement of 'Poorna Swaraj' made by J.L. Nehru during a Congress meeting in Lahore in 1929. 
• Some parts of the Constitution, found in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, and 393, which discuss topics like citizenship, elections, a temporary parliament, along with temporary laws and short titles, started to be effective on November 26, 1949. 
• The rest of the Constitution came into effect on January 26, 1950, marking the full enforcement of the document. 
• This day is celebrated as Republic Day. 

What were the various committees of the Constituent Assembly?

• The Constituent Assembly formed different committees at various stages of creating the Constitution. 
• These committees were responsible for looking into specific parts of the Constitution. 
• Their role was to do preliminary research and hold discussions in smaller groups. 
• This approach allowed for more focused and detailed examination of the Constitution's aspects. 

Organizational Committee

Principal Committees and their sub-committees

Other Sectoral Committees

What are the criticisms of the Constituent Assembly?

• Not a representative body: The members were not chosen through direct elections based on universal adult suffrage.
• Not a sovereign body: It was formed based on British proposals, and its meetings were held with permission from the British Government.
• Time-consuming: It took an excessively long time to draft the Constitution; for example, the American Constitution was completed in just four months.
• Dominated by Congress: Granville Austin noted that the Constituent Assembly was essentially a one-party body in a country that was also predominantly one-party. In other words, the Assembly was the Congress, and the Congress represented India.
• Lawyer-politician domination: Experts argue that lawyers and politicians had a major influence over the Constituent Assembly, which did not reflect the views of other groups in society.
• Dominated by Hindus: Winston Churchill remarked that the Constituent Assembly mainly represented "only one major community in India."
• Despite these criticisms: It can be said that our founding parliament consisted of some of the most talented individuals in India, who played a crucial role in making the Indian Constitution one of the most reliable and wise among all national constitutions.