The Making of Indian Constitution: Constituent Assembly

The Historical Background: Evolution of Constitutional Government in India: –

After long 300 years of foreign rule India got independence from British Empire. The Britishers had come to India in 1600 A.D. as traders in the form of “East India Company”. They have exclusive right of trading in India under a character granted by Queen Elizabeth. In 1765, the company obtained the “diwani” of Bengal, Bihar, Orissa and after 1858, the company transfer the power “to rule to the crown” directly. This rule was continued till 1947.

After 15th Aug,1947 India became free from the colonial rule of Britishers and started its own governance. It started the making of its constitutional establishing constitutional government in India. The government which runs in accordance with the principles of constitution is called constitutional government. The constitution is the product of constituent Assembly. Thus, evolution of constitutional Government refers to the evolution of constitution or constituent Assembly.

The constitution of a country is the fundamental law which defines the relationship between the three organs of government, on the one hand and relationship between citizen and government on the other hand. It is fundamental in the sense that no other law or executive order of the land cannot supersede the constitution. The Indian constitution is the product of constituent Assembly.

Demand for Constituent Assembly: –

The national movement advanced as a popular movement the demand for a Constituent Assembly or the right of Indians for frame their own constitution was asserted, in 1922. Mahatma Gandhi demanded that Indians must enjoy the right to decide about their destiny. In 1924, Pandit Motilal Nehru demanded that a round table conference should be called to frame a constitution for India. In 1934, Swaraj Party and in 1936 at the Tezpur Session, the INC demanding a Constituent Assembly.

In 1942, Sir Stafford Crips gave a proposal that after the war, Indians demand for constituent Assembly should be accepted on 15th march, 1946, Atlee declared in house of commons India should be frame their constitution. Cabinet Mission plan proposed for the formation of Constituent Assembly.

Formation/Composition of Constituent Assembly: –

It was under the provision of the cabinet mission plan that the constituent assembly came into existence. It should be noted that constituent assembly was not a popularly elected body. Its members were elected by the members of provisional legislative council in accordance with the total number of seats allotted to each province. The election was held under the provision of government of India, act 1935. The election for the constituent assembly was held in July 1946.

Whole India was divided into three categories:

1. British India or provincial states
2. Princely state
3. Chief Commission Area

The British provinces were divided into 3 categories. The number of representatives and the provinces were grouped as per the classification. After classifying provinces, seats were also classified as Generals, Muslims, Sikhs etc.

Allotment of States in the Constituent Assembly: –

Provinces of British India:

Out of total 389 seats of constituent assembly 292 seats were allotted to provincial assemblies, 93 were nominated from princely state and remaining 4 members were nominated from chief commissioner area out of 292 elected members congress party won 208, Muslim league won more but 7 seats were reserved. The provincial seats were reserved. The provincial seats were reserved only for two section Sikhs & Muslims.

Working of Constituent Assembly: –

The constituent assembly hold its first meeting on 9th Dec 1946. The Muslim League opposed it and insisted on the demand for making a separate Muslim state. The first meeting was attained by only 211 members. Dr. Sachidananda Sinha, the oldest member was elected as the temporary president of the assembly. Later on, Dr. Rajendra Prasad and H.C. Mukherjee were elected as the president & vice-president of the assembly. Sir B.N. Rao works as the advisor.

The assembly was working in 6 stages:

1. In first stage various types of committees were formed. The total number of committees were 22. Among the 22 committees 10 for procedural matters and 12 for substantive matters. (Among all the committee’s drafting committee was playing an important role. It formulates the draft constitution).
2. In 2nd stage all the committees prepared and presented the reports on the basic issues assigned to them.
3. The constitutional advisor framed the initial draft on the basis of the reports submits by the committees.
4. In the 4th stage, the drafting committee refined the draft constitution.
5. In the 5th stage the draft constitution was discussed and proposed the amendments.
6. Lastly, the constitution is adopted and enacted.

Criticism of the Constituent Assembly: –

The critics have criticized the constituent assembly on various grounds. These are as follows:

1. Not a Representative Body: –

As the members are not directly elected by the Citizens of India, the assembly was criticized as not a pure representative body.

2. Not a Sovereign body: –

The critics criticize the sovereignty of the house as it was created by the proposed and permission of British Government.

3. Time Consuming: –

The constituent assembly was criticize as a time consuming house.

4. Dominated by Congress: –

The constituent assembly was a congress dominating house.

5. Hindu Domination: –

The constituent assembly was a Hindu Dominated house. Through Muslim League opposed & boycott it, but there was no representation of many other groups.

Despite all these criticisms, the constitution of India was started its working from 26th Jan,1950. After the working of the constitution general election was held and the first constitutional government was establish Pandit Jawaharlal Nehru was elected as the first Prime-Minister of India.

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