Making of the Indian Constitution
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Working of the Constituent Assembly:
First Meeting:
- Held on December 9, 1946.
- Dr. Sachchidananda Sinha, the oldest member, was elected as temporary Chairman.
Permanent Chairman:
- On December 11, 1946, Dr. Rajendra Prasad was elected as the permanent Chairman (President).
Vice-President:
- On January 25, 1947, H.C. Mukherjee was elected as the Vice-President.
Second Vice-President:
- On July 16, 1947, V. T. Krishnamachari was elected as the second Vice-President.
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Objectives Resolution:
Introduction:
- Moved by Jawaharlal Nehru on December 13, 1946.
Purpose:
- Laid down the fundamentals and philosophy of the constitutional structure.
Adoption:
- Unanimously adopted on January 22, 1947.
Impact:
- Influenced the Constitution and forms the basis of the Preamble of the present Constitution.
Key Points:
Independent - Sovereign - Republic:
- Declared the intent to proclaim India as an Independent - Sovereign - Republic and draft a Constitution for future governance.
Union of Territories:
- Stated that British India, Indian States, and other willing territories shall form a Union.
Autonomous Units:
- Territories would retain status as autonomous units with residuary powers, except those assigned to the Union.
People’s Authority:
- Sovereignty and government authority derived from the people.
Guaranteed Rights:
- Ensured justice, equality, and freedoms (thought, expression, belief, etc.) for all citizens.
Safeguards for Minorities:
- Provided safeguards for minorities, backward areas, and depressed classes.
Territorial Integrity:
- Maintained the integrity and sovereign rights of the Republic.
World Peace Contribution:
- Aspired for India to contribute to world peace and human welfare.
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Changes by the Indian Independence Act, 1947:
Key Changes:
Sovereign Authority:
- The Assembly was made a fully sovereign body.
- Empowered to frame any Constitution and alter or abrogate any British law related to India.
Dual Function:
- The Assembly became both a Constituent and a Legislative body.
- Functioned as the Constitution-framing body under Dr. Rajendra Prasad.
- Acted as the legislative body under G.V. Mavlankar.
- This dual role continued until November 26, 1949, when the Constitution was completed.
Revised Membership:
- Muslim League members from areas included in Pakistan withdrew.
- Total Assembly strength reduced from 389 to 299.
- Indian provinces' representation was reduced from 296 to 229.
- Princely states' representation was reduced from 93 to 70.
Significance:
- These changes were crucial in transforming the Constituent Assembly into the first Parliament of free India, tasked with both creating the Constitution and enacting ordinary laws.
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Important Functions Performed by the Constituent Assembly:
Ratified Commonwealth Membership:
- Confirmed India's membership of the Commonwealth in May 1949.
Adopted National Symbols:
- National Flag: Adopted on July 22, 1947.
- National Anthem: Adopted on January 24, 1950.
- National Song: Adopted on January 24, 1950.
Election of the First President:
- Elected Dr. Rajendra Prasad was the first President of India on January 24, 1950.
Significance:
- These functions were pivotal in establishing the national identity and governance structure of independent India.
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Summary of the Constituent Assembly Sessions and Functions:
Sessions and Duration:
- The Constituent Assembly had 11 sessions over 2 years, 11 months, and 18 days.
- The Draft Constitution was considered for 114 days.
Comparative Study:
- The Constitution-makers studied the Constitutions of about 60 countries.
Expenditure:
- The total cost for making the Constitution was 64 lakh.
Final Session and Provisional Parliament:
- The final session of the Constituent Assembly was held on January 24, 1950.
- The Assembly continued as the provisional parliament of India from January 26, 1950, until the first general elections in 1951-52.
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Drafting Committee of the Constituent Assembly:
Formation and Role:
- The Drafting Committee was set up on August 29, 1947, and was tasked with preparing a draft of the new Constitution.
Members:
- Dr. B.R. Ambedkar (Chairman)
- N. Gopalaswamy Ayyangar
- Alladi Krishnaswamy Ayyar
- Dr. K.M. Munshi
- Syed Mohammad Saadullah
- N. Madhava Rau (replaced B.L. Mitter)
- T.T. Krishnamachari (replaced D.P. Khaitan)
Draft Preparation:
- The first draft of the Constitution was published in February 1948, incorporating proposals from various committees.
- The public had eight months to discuss and suggest amendments.
- A second draft, considering public feedback, was published in October 1948.
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Important Facts about the Indian Constitution:
Final Draft:
- Dr. B.R. Ambedkar introduced the final draft of the Constitution in the Assembly on November 4, 1948.
Adoption and Content:
- The Constitution was adopted on November 26, 1949, containing a Preamble, 395 Articles, and 8 Schedules.
Constitution Day:
- November 26 is celebrated as "Constitution Day" (Samvidhan Divas) to promote constitutional values among citizens. This was decided by the Government of India on November 19, 2015.
Enforcement of Certain Provisions:
- Provisions related to citizenship, elections, provisional parliament, temporary and transitional provisions, and short title (Articles 5-9, 60, 324, 366-367, 379-380, 388, 391-393) came into force on November 26, 1949.
Date of Commencement:
- January 26 was chosen for the commencement of the Constitution to honor the Purna Swaraj Day celebrated on January 26, 1930, following the Lahore Session (December 1929) of the INC.
Symbols and Appointments:
- The elephant was adopted as the symbol (seal) of the Constituent Assembly.
- Sir B.N. Rau was the constitutional advisor to the Constituent Assembly.
- H.V.R. Iyengar served as the Secretary to the Constituent Assembly.
- S.N. Mukherjee was the chief draftsman of the Constitution.
Artistic Contributions:
- Prem Behari Narain Raizada was the calligrapher of the Indian Constitution, handwriting it in a flowing italic style.
- Artists from Shantiniketan, including Nand Lal Bose and Beohar Rammanohar Sinha, beautified and decorated the original Constitution.
- Beohar Rammanohar Sinha specifically illuminated and ornamented the original Preamble.
- The Hindi version's calligraphy was done by Vasant Krishan Vaidya and decorated by Nand Lal Bose.
Reference: Indian Polity by M Laxmikanth
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