Making of the Indian Constitution

Making of the Indian Constitution

• India achieved independence from British rule through a largely peaceful National Liberation Movement.
• The National Liberation Movement began in the late 19th century and evolved into a mass movement in the 20th century under Mahatma Gandhi's leadership.
• It was a response to socio-economic exploitation by the British and the rise of nationalism.
• The British initially came to India as traders but gradually became rulers, exploiting the country's resources.
• Resistance against British rule started in the late 18th century, culminating in the First War of Independence in 1857.
• The failure of the 1857 war led to a united national freedom struggle, with the Indian National Congress formed in 1885 to lead the movement.
• The goal was to secure independence and make India a sovereign, self-governing democratic country.

Congress and the Demand for Freedom

• From 1885, the Congress organized and led the national liberation movement.
• By the 20th century, it became a strong, peaceful, and non-violent movement under Mahatma Gandhi.
• August 15, 1947, marked the birth of India as a sovereign republic, but also the partition and creation of Pakistan.

Constituent Assembly: Historical Backdrop

• The Constituent Assembly of India came into existence in December 1946, before India's independence.
• After World War II, the British government sent the Cabinet Mission to assess Indian independence and constitutional reforms.
• The Cabinet Mission recommended establishing a Constituent Assembly to create a constitution, acknowledging the people's demand for self-rule.

The Demand for a Constituent Assembly

• Indians demanded the right to create their own constitution and a Constituent Assembly of elected representatives.
• The hope for Swaraj (self-rule) emerged in the 20th century.
• The Indian National Congress passed the 'Swaraj' resolution in 1905.
• Until August 1917, the British denied Indians the right to a responsible government.
• The Montague Declaration of August 1917 recognized responsible government as the final goal.
• This concession resulted from pressure from World War I, Congress-Muslim League unity (Lucknow Pact), and reconciliation between moderate and extremist Congress groups in 1916.
• Despite accepting the goal, the British ignored the constituent assembly demand for three decades.

History of the Demand

• As early as December 1918, the Indian National Congress passed a resolution demanding self-determination for India.
• It stated that Indians should have the right to express themselves through chosen representatives and have their own constitution.
• In 1922, Gandhiji asserted India's right to self-determination and independence if desired.
• In 1922, moderate members of the Central Legislature advocated for a national convention to secure Swaraj in internal administration.
• In 1924, the Swarajists called for a round table conference to plan the Constitution of India.
• Motilal Nehru moved a resolution on February 8, 1924, demanding a representative round table conference to recommend the scheme of a constitution of India.
• In May 1927, Motilal Nehru called on the Congress Working Committee to frame a constitution for India.
• In 1928, M.N. Roy raised the demand for the organization of a Constituent Assembly of India.
• The Motilal Nehru Report in 1928 presented a draft for the Constitution of India, advocating Dominion Status with a responsible government.
• Jawaharlal Nehru clarified that the political solution could only come when the Indian people could settle their own constitution in a popularly elected constituent assembly.
• In its Faizpur Session (1936), the Congress declared that it stood for a genuine democratic state in India through adult suffrage.
• The Provincial Governments constituted under the Act of 1935 passed a resolution supporting the demand for a Constituent Assembly.
• In 1938, Pt. Nehru declared that the Constitution of Free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of Universal Adult Franchise.
• In 1939, the Congress Working Committee resolution stated that recognizing India's independence and the right to frame its constitution through a constituent assembly was essential to remove imperialism from Britain's policy.
• At its Ramgarh Session (March 1940), the Congress reiterated that only the people of India could properly shape their own constitution through an elected representative assembly.
• In August 1940, Viceroy Lord Linlithgo declared in his August Offer: "After the war, a Constituent Assembly shall be established in India."
• The offer was rejected as unrealistic.

Acceptance of the Demand in 1945

• Only after the end of World War II, the British Labour Government agreed to create a Constituent Assembly for India.
• The Cabinet Mission (1945) formally accepted the demand.
• The Cabinet Mission Plan stated a Constituent Assembly would be established for preparing the constitution. It would consist of 389 seats
• 292 seats for British Indian Provinces
• 4 seats for Chief Commissioner Provinces.
• 93 seats were for Indian Princely States.
• Out of the 292 seats, 210 were General electorate seats, 78 for Muslim electorate seats, and 4 for Sikh electorate seats.

Composition and Election

• Elections were held in all British Indian Provinces in December 1945-January 1946 to elect members of Provincial Legislative Assemblies.
• The members of the Provincial Legislative Assemblies elected the members of the Constituent Assembly in July 1946.
• In this election, out of 210 General seats, the Congress captured 199 seats, and out of 78 Muslim seats, the Muslim League got 73 seats.
• The Indian National Congress had the support of around 211 members of the Constituent Assembly.
• Composition of Constituents Assembly:
• June 1946: 389 member seats
• August 1947 - January 1950: 299 seats
  • Congress : 208 seats
  • All India Muslim Leagues: 73 seats
  • Other parties and Independents: 15 seats
  • Princely States: 93 seats.

Boycott by the Muslim League

• The election results unnerved the Muslim League.
• It withdrew support from the Cabinet Mission Plan
• It resolved to resort to direct action for achieving Pakistan as a separate state.
• The League decided to boycott the Constituent Assembly
• It celebrated August 16, 1946, as Direct Action Day to demand a separate State of Pakistan.

First Meeting

• The Constituent Assembly held its first meeting on December 9, 1946
• Dr. Sachidanand Sinha was the temporary chairman.
• Due to the Muslim League's boycott, only 211 members attended.
• On December 11, the Assembly elected Dr. Rajendra Prasad as its permanent President .
• Sh. V.T. Krishnamachari and Sh. H.C. Mookherjee were elected as the two Vice-Presidents.

Legal Status

• Before Independence of India: The Constituent Assembly was not a real sovereign body and was organised based on the Cabinet Mission Plan and its powers were derived from the sovereign authority of British Parliament.
• Sardar Patel and Pt. Jawaharlal Nehru believed it was a sovereign body.
• The Assembly resolved that "The Assembly could not be dissolved except by its own resolution assented to by at least 2/3rd of the total number of members of the Assembly. Once constituted it could not be dissolved even by Britain."
• Position after Independence of India on 15th August 1947: The Constituent Assembly became legally and constitutionally a fully sovereign body, and it remained so till the inauguration of the Constitution of India.
• It acted in a dual capacity as a Constituent Assembly and as the legislature of India.
• Legislative powers in India which the British Parliament used to exercise, now came to the Constituent Assembly which would also act as the Central legislature of India for making all necessary laws.

Framing the Constitution

• The major task for the Constituent Assembly was to make a Constitution for India.
• Pt. Jawaharlal Nehru introduced the Objectives Resolution, describing it as a solemn pledge, providing guiding principles and philosophy.

Objective Resolution

• To adopt a direction in framing the constitution, the objectives, values and the ideological principles determined the approach of Constitution-making.
• 13th December 1946, Pt. Jawaharlal Nehru introduced an Objectives Resolution in the constituent assembly.
• 22 January, 1947, the Constituent Assembly passed the Objectives Resolution laying down the ideological foundations and values of the Indian Constitution.
• The Objectives Resolution declared:
  • India as an Independent Sovereign Republic.
  • The territories comprising British India, the Indian States and territories willing to join the make Union .
  • Autonomous units with residuary powers and exercise all powers of governance (with powers assigned to the Union).
  • All power/authority of the Sovereign Independent India derives from the people.
  • Justice, liberty and equality would be guaranteed to all people of India.
  • Adequate safeguards provided for minorities, backward and tribal areas.
  • India makes contributions tot he welfare of manking.

Evaluation of the Merit Objectives Resolution

• Aimed to make India a Sovereign, Independent, Republic to secure rights and freedom for citizens.
• It declared the resolve to make India a democratic union + self-governance.
• Also, all power derives from the people.
• The Objective Resolution defined the aims in the constitution.

Working of the Constituent Assembly after Indian Independence

• August 15th, 1947, India became Independent.
• The Constituent Assembly of India got a sovereign status
• Accessed body Indian princely states made the body more representative
• Formed as an all powerful sovereign assembly for people of India

Constitution of Various Committees

• The Constituent assembly created committees to systematic review, report and make reports.
• Committees on procedure:
  • Rules of Procedures Committee
  • Finance and Staff Committee
  • Credential committee
  • Steering Committee
• Committees on substantive matters:
  • Union Powers Committee
  • Union Constitution Committee
  • Provincial Constitution Committee
• In all, 22 committees

The Drafting Committee: Chairman and Members

• Drafting Committe played a good role to making to constitution.
• Made 29th August 1947 - Dr. B.R. Ambedkar as Chairman
• Members included legal experts such as B.L. Mitter, N. Gopalaswami Ayyangar, Alladi Krishnaswami Ayyar, and K.M. Munshi.

Drafting Passage

• Drafting Committee submitted first draft on 21st Feb 1948 = was circulated around the lawyers and judge.
• A second draft got made
• First debate on the draft was on 4th to 9th November 1949.
• There was held 7635 amendments.
• 26th November 1949, constitution was finally adopted and enacted with the president signing.
• Great Event with great significane

Last meeting of the Constituent Assembly

• Final session = 24th January, 1950.
• Elected Dr.Rajendra Prasad as 1st president.
• In total was a 2 year, 11 month and 18 day task.
• 11 plenary sessions were held with 114 days of Discussion.
• Took 6,396,273 in expense.

Preamble of the Constitution of India

• The Preamble defines Indian nature of State.
• KM Munshi stated as the political horoscopes of constitution.
• "Jewel set" Pt Thakul Da
• "We the people"

Main Aspects

• We the people of the India
• Soveregin States
• Justice
• Equality
• Liberty
• Fraterinity
• Enacted 26th day of Nov 1949
• Socialist secular added later.

Sallient Features

• lays down the objective
• sovereignty of people.

Authority

• the supremem law of the land
• source is derived from people themselves
• Popular Sovereignty

Nature of Indian State

• The Preamble defines India as a state
• Sovereign
• Socialist
• Republic
• Democratic states

Indian as Soverein

• Preamble states it
• not controlled by foriegn powers.

Democratic Values

• Justice
• Equality and fraternity
• Liberty