Constituent Assembly of India: The Creators of the Indian Constitution

 

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Constituent assembly is a set up with a purpose to draft a constitution to the Independent India. 

British have passed and Indian independence Act in the British parliament and by the time it gets approval and turn into act. They intimated the Indians to prepare their own constitution because very soon they were ready to grant independence to India.

Constitution assembly was not elected on the universal adult franchise principal but with limited voting and therefore the constituent assembly of India was elected after the assembly was set up with 389 members which included 93 from princely states and 296 from British India. 

After the partition, some of the members went to Pakistan which reduced the number of members to 299. Drafting chairman of the committee was Dr Babasaheb Ambedkar where as B.N. Rau was the constitutional advisor. 

The first temporary chairman of the constituent assembly was Dr Sachchidananda Sinha, later Dr Rajendra Prasad was elected as the President of the assembly and Harendra Coomar Mookerjee as the vice president of the constituent assembly of India

It took around 2 years 11 months and 18 days to draft the entire constitution of India on 26th November 1949 the parliament agreed and the constitution was provided to India for the future generation this day is also known as Samvidhan Diwas.

It was adopted on 26 November 1949 but the constitution of India came into force from 26 January 1950 hands on 26 January we all celebrate republic day as a mark of the day when the constitution came into effect. Constitution was the necessity of India to govern the country in a civilized and organized way.

Background:

In the year 1934 the idea of constituent assembly which was proposed by M.N Roy and therefore an official demand was raised up which was taken up by the Congress party in 1935. In the year 1946, under the Cabinet Mission Plan elections were held for the formation of the assembly.

The members were elected indirectly by the Provincial Legislative Assembly. The main purpose of the formation was to write a constitution for India.

There were various reasons for consideration of the constitution which was deliberated because of the drafting of the constitution by the constituent committee. 

In 1946 on 9th December the first meeting of the constituent assembly took place at New Delhi. Thereafter, the total number of  11 meetings were held by the constituent assembly.

The last session was held between 14 to 26 November 1949 before the first draft presentation. Jawaharlal Nehru on 13 December 1946 moved the objective resolution. 

In the Objective Resolution was concerned with the philosophy and principle and the guidelines lines for framing the constitution which later took the form of preamble of the constitution of India.

The objective resolution majorly consists of the people of India where it guarantees the people's equality integrity and justice and political, justice, equality and fundamental rights as well as social and economical rights. 

This resolution stated that the constituent assembly declares as a firm and solemn resolved to proclaim India as Independent Sovereign Republic.

The final document of the constitution had 22 parts 395 articles and 8 schedules. The draft of the constitution was published in January 1948 and the citizens of India were asked for their feedback and inputs within eight months after which the constitution came into force on 26 January 1950.

On 24th January 1950 the constitution of India was signed by 284 members at parliament in New Delhi e which was also known as constitutional hall.

Committee of Constituent Assembly:

Drafting committee was under Dr Babasaheb Ambedkar while under Jawaharlal Nehru the union in constitution committee and union power committee as well as the State committee. 

Dr Rajendra Prasad looked after a steering and the rules of procedures committee while Sardar Vallabhbhai Patel was the chairman of provisional constitution committee.

From the above committee the most important committee he was the drafting committee under the chairmanship of Dr Babasaheb Ambedkar he was considered as the first ministry lawyer of India.

Criticism:

The constitution of India was criticized on various grounds such as it was stated that people of India but it adopted by only few individuals. On the other hand it declared at Sovereign body but it was the proposal by the British rulers and its composition was determined by Indians.

It was also criticize for the time taken for drafting the constitution and dominated by the Congress and lawyers and only one community that is Hindu.

The constituent assembly of India helped in building the constitution of India which became provisional parliament of India as well as assisting in building the Indian political system and to run a civilized and organized nation.

Written by: Rakhi Sharma

Edited by: Gourav Chowdhury

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