Constituent Assembly (1946) is part of Modern History of India. Below are notes on 10 sub-topics, followed by practice MCQs from State PSC and UPSC papers (coming soon).
Adoption of National Symbols (Flag, Anthem, Song)
- National Flag:
- Design adopted by Constituent Assembly on July 22, 1947.
- Ad-hoc Committee on National Flag was chaired by Dr. Rajendra Prasad.
- National Anthem ('Jana-gana-mana'):
- Composed by Rabindranath Tagore (originally in Bengali).
- Adopted by Constituent Assembly in its Hindi version on January 24, 1950.
- National Song ('Vande Mataram'):
- Composed by Bankimchandra Chatterji (originally in Bengali).
- Adopted by Constituent Assembly on January 24, 1950.
- National Calendar:
- Based on the Saka era.
- Adopted on March 22, 1957.
- Its 1st Chaitra falls on March 22 (normally) and March 21 (in a leap year).
Background and Demand for a Constituent Assembly
- 1934: Idea of Constituent Assembly (CA) first put forward by M. N. Roy.
- 1935: Indian National Congress (INC) officially demanded a CA.
- 1938: J. L. Nehru declared that the CA must be elected on the basis of adult franchise, without outside interference.
- 1940: August Offer: British government accepted in principle the demand for a CA.
- 1942: Cripps Mission: Proposed a CA to be formed after WWII; rejected by Muslim League (demanded two separate CA).
- 1946: Cabinet Mission Plan:
- Provided for the formation of the CA for undivided India.
- Rejected the idea of two separate Constituent Assemblies.
- Members indirectly elected by Provincial Legislative Assemblies.
- Total strength: 389 members (292 from British Indian provinces, 93 from princely states, 4 from Chief Commissioners' provinces).
- Seats allocated in proportion to population (roughly 1 seat per million population).
- CA Elections (July-August 1946):
- INC won 208 seats.
- Muslim League won 73 seats.
- Others (Independents etc.) won 15 seats.
- Muslim League boycotted the CA, pressing for a separate state of Pakistan.
- Critique of CA: Somnath Lahiri (a Communist member) warned that the CA was "British made" and "working the British plan as the British should like it to be worked out."
Cabinet Mission Plan's proposals for the CA
- Constituent Assembly (CA) was set up under the Cabinet Mission Plan (1946).
- CA was constituted in November 1946.
- Total strength: 389 members.
- Distribution of seats: 292 from British Indian provinces, 93 from Princely States, 4 from Chief Commissioners' Provinces.
- Basis of representation: Seats allotted in proportion to population (approx. 1 seat per million).
- Method of election for British Indian provinces: Indirectly elected by members of Provincial Legislative Assemblies using proportional representation (single transferable vote).
- Method of selection for Princely States: Nominated by the heads of the Princely States.
- Seats for British Indian provinces were allocated among General, Muslim, and Sikh communities.
Composition and Election to the Constituent Assembly
- Constituent Assembly (CA) formed under Cabinet Mission Plan, 1946.
- Total strength: 389 members (292 British Indian Provinces, 93 Princely States, 4 Chief Commissioner's Provinces).
- Election method: Indirectly elected by members of Provincial Legislative Assemblies (formed 1937).
- Representation: Allocated seats in proportion to population (approx. 1 seat per million).
- Seats in each province distributed among three principal communities: General, Muslim, and Sikh.
- Voting method: Proportional representation by means of single transferable vote.
- Election results (July-Aug 1946): Congress won 208 seats, Muslim League 73 seats, Independents/Others 15 seats.
- Princely States' representatives were to be nominated, but they initially abstained.
- Muslim League initially boycotted the CA, demanding a separate Constituent Assembly for Pakistan.
- Socialist Party called for dissolution of the Constituent Assembly and its re-election by adult suffrage.
- Dr. B.R. Ambedkar: Initially elected from undivided Bengal; post-partition, re-elected from Bombay Presidency (Poona constituency).
- K.C. Neogy: Member of the Constituent Assembly.
- Sir Tej Bahadur Sapru: President, All India Liberal Federation.
- P.C. Joshi: General Secretary, Communist Party of India.
Enactment of the Constitution
- Constitution of India adopted by Constituent Assembly on 26 November, 1949.
- Last meeting of the Constituent Assembly was held on 24 January, 1950.
- The handwritten copy of the Constitution was decorated by Nandalal Bose.
Initial Sessions and Boycott by the Muslim League
- Constituent Assembly first met on December 9, 1946.
- Initial session attended by 211 members.
- Muslim League boycotted the Constituent Assembly, refusing to accept the Cabinet Mission Plan's framework and demanding a separate state of Pakistan.
- Dr. Sachchidananda Sinha, as the oldest member, was elected as the Provisional President of the Constituent Assembly, following French practice.
- Dr. Rajendra Prasad was subsequently elected as the Permanent President on December 11, 1946.
- H.C. Mukherjee and V.T. Krishnamachari were elected as the two Vice-Presidents.
Key Debates and Decisions (e.g., Fundamental Rights, Federalism)
- Linguistic Reorganization of States:
- Post-1947, national leadership (incl. Gandhi, Nehru, Patel) grew cautious about linguistic reorganization due to national unity concerns, contrasting pre-independence Congress stand.
- S.K. Dhar Commission (June 1948, appointed by Constituent Assembly President): Formed to examine linguistic reorganization, recommended against it on administrative grounds.
- JVP Committee (Dec 1948, Congressappointed: Nehru, Patel, Pattabhi Sitaramayya): Also opposed linguistic reorganization for the time being.
- The Constituent Assembly did not recommend incorporating linguistic reorganization into the Constitution.
- B. R. Ambedkar's "Life of Contradictions" Quote:
- Attributed to B. R. Ambedkar from his speech in the Constituent Assembly on November 25, 1949.
- Quote: "On the 26th January, 1950, we are going to enter a life of contradictions. In politics we will have equality and in social and economic life we will have inequality."
- Abolition of Privy Council Jurisdiction:
- The `Abolition of Privy Council Jurisdiction Act, 1949` abolished the appellate jurisdiction of the Privy Council.
- This Act was passed during the 8th session of the Constituent Assembly.
- It came into effect on August 10, 1949.
Key Personalities and their contributions
- Dr. Rajendra Prasad: Elected permanent President of the Constituent Assembly on December 11, 1946. His cremation ground is Mahaprayan Ghat, Patna.
- Dr. Sachchidananda Sinha: Appointed interim President of the Constituent Assembly on December 9, 1946.
- Jawaharlal Nehru: First Prime Minister of India. Moved the 'Objectives Resolution' in the Constituent Assembly on December 13, 1946. He did not preside over the Constituent Assembly and was not the Congress President in 1947 (J.B. Kripalani was).
- Jaipal Singh Munda: Member of the Constituent Assembly. Founded the Adivasi Maha Sabha. Captained the first Indian national hockey team (1928 Olympics). Campaigned for a separate state of Jharkhand.
- Smt. Hansa Mehta: Member of the Constituent Assembly. First Indian to join the UN Human Rights Commission (constituted in 1946).
- Mahatma Gandhi: Stated: "The Constituent Assembly alone can produce a Constitution indigenous to the country and truly and fully representing the will of the people."
Objective Resolution and its implications
- The Objective Resolution was moved by Pandit Jawaharlal Nehru.
- It was introduced in the Constituent Assembly on December 13, 1946.
- It was presented during the Third Session of the Constituent Assembly.
- The Resolution laid down the fundamental principles and philosophy that would guide the making of the Indian Constitution.
- The Constituent Assembly unanimously adopted the Objective Resolution on January 22, 1947.
- The Preamble to the Indian Constitution is based on the Objective Resolution.
Women's role in the Constituent Assembly
- There were 15 women members in the Constituent Assembly.