Constituent Assembly of India

Gnanadhare Academy - Polity Notes Summary

• These notes cover the historical background of the Indian Constitution, key acts, schedules, and aspects of governance.

Constitutional Historical Background

• The British arrived in India in 1600 as traders under the East India Company, with exclusive trading rights granted by Queen Elizabeth I.
• In 1765, the Company gained Diwani Rights (revenue & civil justice) over Bengal, Bihar, and Orissa.
• In 1857, following the Sepoy Mutiny, direct governance of India was assumed by the British Crown, lasting until India's independence.
• The need for a constitution arose with independence, with M.N. Roy first proposing a constituent assembly in 1934.
• A constituent assembly was formed in 1946, and the constitution came into being on January 26, 1950.

1773 Regulating Act

• The Governor of Bengal became Governor-General of Bengal.
• The Act established a court of directors for governance of the East India Company.
• Courts were required to report on revenue, civil, and military matters in India.
• The Act provided an executive council for the Governor-General.
• The Supreme Court was established in Calcutta in 1774.
• Madras and Bombay governors became subordinate to the Governor-General of Bengal.

1784 - Pitt’s India Act

• It was created to correct defects from the 1773 act; Amending Act of 1781, known as the Act of Settlement.
• Commercial and political functions were differentiated.
• The Court of Directors managed commercial affairs; a new body, the Board of Control, managed political affairs, establishing a dual government system.
• The Board of Control was empowered to oversee all civil, military, and revenue operations of British possessions.
• The company’s territories were first termed "British possessions in India".
• The British government was given supreme control over the Company’s administration.

1813 - Charter Act

• This Act abolished the East India Company’s monopoly in trade, except for trade with China and trade in tea.
• It marked the era of "promotional of education in India".
• Rupees 100,000 were allocated for promoting education in India for the first time.

1833 Act

• It abolished the East India Company’s monopoly on all commercial matters, including trade in tea and trade with China.
• The era is termed "completely free trade in India".
• A law member was appointed to the Governor-General's executive council.
• A commission was appointed for codification of laws in India.
• William Benthic served as the first Governor-General of India.

1853 Chartered Act

• It provided for a separate legislative council consisting of 6 members.
• Introduced an open competitive system for civil service requirements (in India).
• The Governor-General was divested of local charges in Bengal.

1858 - Government of India Act (Queen’s Proclamation)

• The dual system of the Court of Directors and the Board of Control was abolished.
• The East India Company was abolished.
• A new office was created, included as a member of the British cabinet, and accountable to British parliament.
• Lord Atanely became the first Secretary of State for India.
• The Governor-General was renamed Viceroy, with Lord Caning becoming the first Viceroy.
• The British prime minister announced during Queen’s Proclamation, “Lord Palmerston”.

1861 - India’s Council Act

• For the first time, association of Indians in the Viceroy’s legislative council was provided.
• First 3 Indians were Raja of Banaras, Maharaja of Patiala, and Sir Dinakar Rao.
• Initiated the restoration of legislative process to Bombay and Madras presidencies.
• Introduced the portfolio system.
• The Governor (Viceroy) was given the power to issue ordinances.

1892 Indian Council Act

• It introduces indirect elections for Indians in the Viceroy legislative and provisional councils.
• Viceroys gained power to allow legislative council members to discuss and question the budget.

1909 - Morley-Minto Reforms

• Morley served as the Secretary of State.
• Separate electorates were provided.
• The separate electorates are seen as the genesis of the two-nation theory in India.
• It increased the number of members in the Viceroy’s legislative council to 60.
• The British retained a majority in the central legislative council but allowed provisional legislative councils to have Indian majorities.
• Allows Indians’ association in the Viceroy executive council for the first time.
• Satyendra Prasad Sinha became the first Indian in the Viceroy’s executive council.
• Introduces a system of direct elections.
• Lord Rippon was the father of local self-governance.

1919 Government of India Act (Montagu-Chelmsford Reforms)

• Introduces direct elections in the provinces.
• Subjects were divided into two lists: reserved and transferred, to be administered differently.
• Reserved subjects were headed by the British and not responsible to the legislative council.
• Transfered lists were responsible to the legislative council.
• Introduced Bicameralism.
• Separate electorates intended for Sikhs, Anglo-Indians, Christians, and Europeans in India.
• Creates a high commission for India in London.
• Parliament granted voting rights to women.
• Provided for the establishment of a public service commission and central public service commission was established in 1926.
• Separates the provincial budget from the central budget for the first time.

1935 - Government of India Act

• Plans the creation of an all-India federation consisted of 11 British provinces and princely states.
• This could not be achieved to the princely states not approving.
• The act abolished directly in the provinces and provided provincial autonomy.
• Introduces the process are divided between courts and its units or princely states
• introduced bicameralism in 6 out of 11 provinces: Bengal, Bombay, Madras, Bihar, and Assam.
• Provided commercial representation and separate electorates for depressed classes (SCs) and women.
• Provides establishments of not only federal but also provincial public service commissions.
• Creates Reserve Bank of India.
• Establishes the federal court, set up in 1937 in Delhi, which later turned into the Supreme Court in Jan 28 1950.

Features of the Indian Constitution: Parts and Articles

• Part 1: Union and its Territories (Articles 1-4)
• Part 2: Citizenship (Articles 5-11)
• Part 3: Fundamental Rights (Articles 12-35)
• Part 4: Directive Principles of State Policy (Articles 36-51)
• Part 4A: Fundamental Duties (Article 51A)
• Part 5: Union Government (Articles 52-151)
• Part 6: State Government (Articles 152-237)
• Part 8: Union Territories (Articles 239-242)
• Part 9: Panchayats (Article 243-243O)
• Part 9A: Municipalities (Article 243P-243ZG)
• Part 10: Scheduled and Tribal Areas (Article 244-244A)
• Part 11: Relations between Union and States (Articles 245-260)
• Part 12: Finance, Property, and Contracts (Articles 261-300A)
• Part 13: Trade, Commerce and Intercourse within the territory of India (Articles 301-307)
• Part 14: Services Under the Union and States (Articles 308-323)
• Part 14A: Tribunals (Articles 323A-323B)
• Part 15: Elections (Articles 324-329A)
• Part 16: Special provisions for SC/ST/OBC/Anglo Indians (Articles 330-342)
• Part 17: Official Languages (Articles 343-351)
• Part 18: Emergency Provisions (Articles 352-360)
• Part 19: Miscellaneous (Articles 361-367)
• Part 20: Temporary, Transitional and Special Provisions (Article 368)
• Part 22: Short Title, Commencement and Text of Hindi Language (Articles 392-395)

Schedules of the Indian Constitution

• Schedule 1: Names and territorial extent of 29 states and 7 union territories. [Note: This information might be outdated depending on current geopolitical shifts.]
• Schedule 2: Salaries and allowances of president, speaker, chairman of Rajya Sabha, governors, supreme court and high court judges, and CA (Controller and Auditor General of India).
• Schedule 3: Forms of oath for president, union and state ministers, MLAs, MPs, judges.
• Schedule 4: Number of seats allotted to states in Rajya Sabha.
• Schedule 5: Administration and control of scheduled areas and tribes "except" Assam, Meghalaya, Tripura, Mizoram.
• Schedule 6: Administration of tribal areas in states of Assam, Meghalaya, Tripura, Mizoram.
• Schedule 7: Division of powers.
• Schedule 8: Languages, including additions made by the 21st Amendment in 1967 (Konkani, Manipuri, Nepali) and Bodo, Dogri, Maithili, and Santhali..
• Schedule 9: Added by the 1st Amendment act of 1957, deals in land reforms, and its acts "cannot" be questioned by any court.
• Schedule 10: Anti-defection law, added by the 52nd Amendment Act of 1985, deals in disqualification of members during defection.
• Schedule 11: Includes panchayaths, added by the 73rd amendment Act 1992, consists of 29 subjects.
• Schedule 12: Added by the 74th amendment Act 1992, consists of 18 subjects.

Making of the Constitution

• 1934: The idea of the constituent assembly was introduced by M.N. Roy.
• M.N Roy was a radical democrat and a pioneer in the communist party.
• 1935: The Indian National Congress (INC) officially demanded a constituent assembly to frame the Indian Constitution.
• Jawaharlal Nehru, representing INC declared that free India must form it's constitution without outside interference.
• 1940: The British government accepted this demand but the "August offer" was rejected.
• 1942: Stafford Cripps made draft proposal about adopting Indian constitutions, only be subjected by the Muslim league, which wanted 2 constituent assemblies for the divided India.
• A cabinet mission was sent to India, which rejected 2 constituent assemblies and rather suggested 1 assembly which more or less satisfied the Muslim league.

Composition of Constituent Assembly

• Constituent assembly was formed in November 1946 under the cabinet mission plan.
• The total strength was 389, with 296 seats for British India and 93 for princely states.
• 292 members for British India were to be drawn from the Governors provinces and 4 from Chief commission province with 1 each.
• Seats were allocated proportionate to population (roughly 1 seat per 1 million people).
• Seats in British provinces were allocated among Muslim, Sikh, and general categories.
• Community members elected their representatives via provincial legislative assemblies.
• Princely state representatives were nominated by the heads of these states.
• Elections for 296 seats held in July-August 1946; INC won 208, Muslim League won 73, and 15 by others.
• 93 seats remained unallotted due to the decision of princely states to stay away from the CA(Constituent Assembly).
• Although, the assembly was diverse enough the CA(Constituent Assembly) contained representatives from all over Indian society.
• Key figures such as M. Gandhi and M.A. Jinnah, were notably absent.

Working of the Constituent Assembly

• It helds its first meeting on Dec 9 1946, which was attended only by 211 members, since Muslim league insisted in a separate Pakistan.
• Dr. Sachidanand Sinha was elected as the temporary president of the CA following the French practice.
• Dr. Rajendra Prasad and H.C Mukherjee were elected as the president and vice president of assembly respectively and B.N Ram advisor to the CA were elected on Dec 11 1946

Objective Resolution

• Jawaharlal Nehru moved the historic objective resolution on Dec 13 1946, laying down the fundamental and philosophy of constitutional structure.
• The resolution was adapted on Jan 22 1947 and influence the eventual shaping of the constitution, through all its subsequent stages and its modifiied version formed the preamble to the present constittution.

Changes After Indian Independence Act of 1947

• Princely states’ representatives who were previously staying away from the CA, gradually joined it.
• The representatives of most of the other princely states took their seats in the assembly.
• The members of the Muslim league from the Indian divisions also entered the assembly.
• The assembly was made a fully savergine body, which could frame any constitution it pleased, and also became a legislative body.
• The CA was chaired by Dr. Rajendra Prasad and as a legislative body, it was chaired by G.V Mavlankar.
• These tasks constituted till Nov 26 1949 when making constitution was completed

Other Functions of the Constituent Assembly

• Adopted the national flag on July 22, 1947.
• Adopted the national anthem on Jan 24, 1950.
• Adopted the national song on Jan 24, 1950.
• Elected Dr. Rajendra Prasad as the first president of India on Jan. 24, 1950.
• Held 11 sessions over 2 years, 11 months, and 18 days.
• The Constitution makers analysed draft constitutions from 60 countries and were considered for 114 days.
• Total expenditure incurred on making the constitution was rupees 64 lakh.
• The CA held its final session on Jan 24, 1950, it end, and continued as provisional parliament of India from Jan 26, 1950 till the new parliament general elections of 1951-52.

Salient Features of the Constitution

• the lengthiest written constitution in the world.
• The structural part of constitutional from government of India act 1935, philosophical part (FR & DPSP derive inspiration from French and Ireland)
• Political part have been largely derived from British constitution.
• Other provisions are drawn from Canada, Australia, Germany, USSR, France SA, Japan

Blend of Rigidity and Flexibility

• A rigid constitution needs a special procedure for its amendment, like the American system.
• A flexible constitution enables amendments in the same manner as ordinary laws, like the British constitution.
• Indian constitution is neither rigid nor flexible but a synthesis and both provides for

Federal System with Unitary Bias

• Federation implies dual government, division of power, supremacy, and bicameralism.
• Every unitary/non-federal feature is a strong center, single constitution, single citizenship, integrated judiciary, and bicameralisation.
• It uses the term federation has now where been used in the IC article/ describes India as a union of states

Parliamentary Form of Government

• the it has opted for the British parliamentary system with a responsible government and cabinet government
• Nominal and real power are separated, a party rules with the majority and responsible ministers are held responsible by the parliament

Synthesis of Parliamentary Sovereignty and Federal Supremacy

• • parliamentary have the power to amend while the judiciary can declare laws unconstitutional

Integrated and Independent Judiciary

• The guarantor of fundamental rights to citizen and guardian of the constitution.
• There is a separation of judiciary from executive prohibition on discussion conduct of judges in legislatures

Fundamental Rights

• Political democracy of individuals. They are justifiable in nature. is enforceable by the court when violate them
• However, fundamental rights are not absolute and there are the reasonable restrictions that can be suspended during national emergency except article 20 & 21

Directive Principles of State Policy

• DPSP means the social and economic democracy. They are established for a welfare state to India.
• Original constitution did not provide for the fundamental rights of the citizens they were added during the operation of internal emergency

Secular

• the const is a secular nation, but does not uphold any particular religion as official

Universal Adult Franchise

• universal adult franchise as a basis to loksabha and state legislature assembly who has attained 18 years

single citizen

• this allow only one citizenship, despite the constitutional provision, the constitutional; makes to build united and integrated Indian never been realized

Independence of Bodies

• several independence of Bodies Election commission, C&AG

Emergency provision

• maintain sovereignty and inegrity
• 3 types of emergencies: National, State, and financial for stability

3 Tier GOV

• created with CAA 73rd and 74th, create local gov

The Preamble

• It is American and constitutional; it contains the summary or essence of the constitution
• N.A Palkhivala called preamble preamble as "identity card"
• It is moved by Pandit Nehru and Adopted by constituent assembly. it new word, socialistic and secular

Source

constitution derives its authority from Indian people

Nature

declares India to be a sovereign, socialist, secular, democratic and republic

Objectives

• justices liberty, equality and fraternity as the adjective
• it stipulated nov 26, 1949 as the date

1. SOVERIGN

• India implies there is no dependency nor domination

2. SOCIALIST

• Indian holds faith to both public and private sectors

3. SECULAR

• was added in the 42 act of 1976. embodies the all religion in the

4. DEMOCRATIC

• of democracy is with representative democracy, its, IC provides representative

5. REPUBLIC:-

• preamble indicates that india has a elected head called the president, the elections are indirectly for 5 years

6. JUSTICE:-

• is the preamble embraces 3 district forms, social, economic and political and face

7. LIBERTY:-

• ideals of liberty, have been taken from from the French revolution in restriants

8. EQUALITY:-

• secure to all citizens of India equality of states and embrace 3 dimension of equality

9. FRATERNITY:-

• the single citizenship system promoting, promote harmony

Significance of preable

• Constituent assembly the preamble is the "horoscope of one sovereign democratic republice”

PREAMBLE AS PART OF THE CONSTITUTION:-

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AMENDIBILITY OF PREAMBLE :

Keshavananda Bharathi (1973). Preamble article 368 cannot be and Supreme to and and article

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