4 ANMAC aad = cn = ee Pee MAKING OF THE CONSTITUTION The Constituent Assembly(1946-49) completed the historic task of drafting the Constitution for Independent India 11 sessions Longest written Constitution in the world 395 Articles in 22 Parts § 12 Schedules 1 65 Days of discussion 299 “Members involved Provides 6 fundamental rights to citizensFormation of Constituent Assembly of India Aconstituent assembly is a body or assembly of popularly elected representatives which is assembled for the purpose of drafting or adopting a constitution. + An idea for a Constituent Assembly was first proposed in 1934 by the communist leader M. N. Roy, + It was adopted by the Indian National Congress in 1935. + In 1939, €. Rajagopalachari proposed that the Constituent Assembly be elected through universal adult franchise. ‘+ The INC demanded the creation of a Constituent Assembly to frame the Constitution in 1935. + In 1940, the British accepted this demand under the August Offer. + The demand rem: 1ed unfulfilled following the rejection of the Cripps’ Mission in 1942. + The 1946 Cabinet Mission Plan accepted this demand and a Constituent Assembly was founded on 6 December 1946. + Itreassembled on 14 August 1947 as a sovereign body and became the first parliament in independent India.Making of Indian Constitution: Demand for Constituent Assembly * Annie Besant's general assembly in 1922 agreed to call a conference to draft a constitution. * The Bri ‘most important constitutional reforms. Parliament was presented with the Indian Commonwealth Bill of 1925. One of Indi ‘+ The Motilal Nehru report, which was considered the first major attempt toward a full-fledged constitution, was published in 1928. ‘+ Between 1930 and 1932, three round tables on constitutional reform were convened. The first round table conference took place in 1930. + In.1934, the idea of the constituent assembly was put forward by MN. Roy. + In.1935, Indian National Congress demanded a constituent assembly to frame the constitution. + In.1938, Jawaharlal Nehru declared that the constituent assembly must con: of elected members ‘on the basis of a universal adult franchise. + In.1940, the demand was accepted by the British government. This was termed the August offer. ‘+ In 1942, Sir Standford Cripps proposed forming Independent nations for Hindus and Muslims. This was referred to.as the Cripps mission. + In 1946, a constituent assembly was formed on the basis of the cabinetComposition of the Constituent Assembly © The Constituent Assembly consisted of 389 members of whom (i) 292 were representatives of the Provinces. (ii) 93 represented the Princely States. (iii) Four were from the Chief Commissioner provinces of Delhi, Ajmer-Merwara, Coorg, and British Baluchistan. © The members of the Constituent Assembly were elected by the provincial assemblies by a single, transferable-vote system of proportional representation.The Assembly was not elected on the basis of universal adult suffrage, and Muslims and Sikhs received special representation as minorities. Following the elections, Congress secured 208 seats; the Muslim League won 73 and the Independents 15. However, the Muslim League and nominees from the Princely States refused to cooperate in the Constituent Assembly. After Partition in 1947, the representatives of the areas incorporated into Pakistan ceased to be members of the Constituent Assembly of India. ‘The membership of the Constituent Assembly was 299 after the reorganization, and it met on 34 December 1947. The Interim Government of India was formed on 2 September 1946 from the newly elected Constituent Assembly. ‘These delegates sat over 114 days and discussed what the constitution should contain and what laws should be included.Working of Constituent Assembly * Sachidananda Sinha was elected the temporary president of the first meeting of the Constituent Assembly. * The first President of the assembly was Dr. Rajendra Prasad and the first Vice- President was Harendra Coomar Mukherjee. * B.N Rau was appointed as the constitutional adviser to the assembly. Jawaharlal Nehru presented the Objective Resolution* There were 8 major and 13 minor committees that were constituted. * The Drafting Committee was one of the most important committees and it consisted of B.R Ambedkar and 7 other members. Important Committees Chairman Drafting Committee B.R Ambedkar House Committee B. Pattabhi Sitaramayya Finance and Staff Committee Rajendra Prasad Order of Business Committee KM Munshi Credential Committee ‘Alladi Krishnaswami Alyer Rajendra Prasad Jawaharlal Nehru Committee on Rules of Procedure Rajendra Prasad ‘Union Powers Committee Jawaharlal Nehru ‘Union Constitution Committee “Jawaharlal Nehru ‘Committee on the Functions of the CA | G.V Malvankar Language Committee ‘Moturi Satyanarayana ‘Advisory Committee on Fundamental Vallabhbhai Patel Rights, Minorities, Tribal and Excluded Affairs Provincial Committee Vallabhihai Patel ‘National Flag Committee Rajendra prasadThe Drafting Committee members Members of the Drafting Committee B.R Ambedkar, K.M Munshi, Alladi krishnaswami Ayer, Mohammad Saadulla, B.L. Mitter and D.P. Khaitan. N. Madhav Rau and T.1 Krishnamachari were (added later).* The Constituent Assembly had a total of 11 sessions over 2 years, 11 months, and 18 days. + The total expenditure for the whole process was Rs. 64 lakhs. + Subsequent to the Independence of India Act, the Constituent Assembly got divided into 2 organs: (i) Legislative Body under GV Maviankar (ii) Constituent Body under Rajendra PrasadSources of the Indian Constitution * A lot of the salient features of the Indian Constitution were actually borrowed from earlier legislation of foreign constitutions. * Constitutions of 60 nations were consulted as a result. USA Fundamental Rights, Preamble Judicial Review Independence of Judiciary Vice President Impeachment of President Removal of SC and HC judges.Parliamentary government, Rule of Law, Single Ci Bicameralism, izenship, Legislative Speaker Prerogative writs, parliamentary privileges, legi ca lative procedure, net system. Govt. of India Act, 1935 Federal Scheme, Governor, Judi ary, Public Service Commission, Emergency provisions, Administrative details.Canada * Federation with Strong Centre | he | * Residuary powers with Centre = Appointment of Governors by Centre * Advisory Jurisdiction of SC Weimar * Suspension of Fundamental Rights Germany during emergency Ireland + Directive Principles of State Policy + Method of election of President + Nomination of members to Rajya SabhaFrance * Republic + Ideals of liberty, equality and fraternity in the Preamble Soviet Union * Fundamental Duties ° Ideals of justice (social, economic and pol cal) in the Preamble. Japan + Procedure established by LawSouth Africa Election of members of Rajya Sabha Procedure for amendment in the Constitution Australia = Concurrent List Joint sitting of the two Houses of Parliament Freedom of Trade, Commerce and Intercourse.6 December 1946: Formation of the Constituent Assembly 9 December 1946: First meeting of the Assembly. First Speech by J.B Kripalani 11 December 1946: Appointment of permanent President, Vice President, and Constitutional Advisor 13 December 1946: Jawaharlal Nehru presents the Objective Resolution before the Assembly 22 January 1947: Objective Resolution unanimously adopted. 22 July 1947: National Flag adopted. 15 August 1947: Indian independence and partition. 29 August 1947: Drafting Committee constituted with B.R Ambedkar as its Chairman. 26 November 1949: Constitution of India passed and adopted by the Constituent Assembly. 24 January 1950: Last meeting of the Constituent Assembly. The National Anthem adopted. 26 January 1950: Constitution of India comes into force.Objective Resolution * On 43th Dec 1946, an Objective resolution was given by Jawaharlal Nehru which laid the philosophical structure of the constitution. © Jawaharlal Nehru encapsulated the aspirations and values for framing the Constitution of India. * [twas adopted on 22nd July 1947. * Itisthe basis of the present Preamble of the Indian Constitution,