Making of the constitution

 Indian Constitution is more an outcome of its geography

Geographical Conditions of India

↓
History
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Socio, Economic &Political conditions
↓
Content of the Constitution

 In 1930's there was a demand by Indian nationalists for Separate Constitution for
India
M. N. Roy (Pioneer of Communist movement)
(Advocate of Radical democratism)

 In 1935, The Indian National Congress, for the first time officially demanded
a constituent assembly, to frame The Constitution of India
 In 1938-Jawaharlal Nehru demanded Constituent assembly elected on the
basis of adult franchise.
 In 1940, through “August offer" British consented for separate Constitution for
India. In 1942, Sir Stafford Cripps mission announced, after world war – II,
Constituent assembly, But Muslim League reject it.
 In 1946, Cabinet mission came down to India, which consisted of
• Sir Stafford Crips
• Lord Pethick Lawrence
• A V Alexander
 It recommended for constitute of constituent assembly to Draft the Constitution.
Composition
Total Strength - 389
British India - 296 (292 – (11 Provinces (Governor) and (4 – Chief Commissions Provinces)

Princely States - 93
11 Provinces

1. Madras 2. Bengal 3. Bombay 4. U. P 5. Central Province 6. Sindh

7. NWFP 8. Bihar 9. Odisha 10. Assam 11. Punjab

4 Chief Commissioners Provinces

1. Delhi 2. Ajmer – Merwara 3. Coorg 4. British Baluchistan

 One Seat way to be allotted for every million (10 lakh) population
Representation ((Religious)

389

Muslims Sikhs General (All Except Muslims Sikhs)

 The representatives of Each Community were to be elected by members of that

community in the provincial legislative assembly and voting way to be by single
transferable vote.

Ballot paper
a) - 2
b) - 1
c) - 4
d) - 3
 Ex: Magic no: 51
a – 40% b – 35% d – 20% C – 5%
* No one go magic no, so now count 2nd preference votes

D - Candidate voters add to other A, B, C Candidates.

 The representatives of the Princely States were to be nominated by the heads of
the Princely states.
 Constituent assembly was to be a partly elected and partly nominated body.
The Elections to the Constituent Assembly were held in July-August 1946.
• INC - 208 Seats
• M.L - 73
• Other - 15
 Princely states not participated in elections

Note:

Cabinet mission arrived in India on March 24, 1946

Published its plan on May 16, 1946

 The assembly comprised representatives of all sections of the Indian Society -

Hindus, Muslims, Sikhs, Parsis, Anglo - Indians, Indian-Christians, SC’s, ST’s
including women of all these solutions.
 The assembly included all important personalities of India at that time, with the
exception of Mahatma Gandhi and MA Jinnah
 1st meeting of the Constituent assembly was held on December 9,1946.
• Muslim league boycotted.
• only 211 members attended.

 Dr Sachchidanand Sinha, was elected of the temporary president of the

assembly (French practice).
 Dr Rajendra Prasad - was elected as the permanent president of the assembly.
 H. C Mukherjee
V T Krishnamachari Vice presidents of the Constituent Assembly

 Sir B.N. Rau was appointed as the Constitutional advisor to the assembly.

 Dec 13, 1946 - objective resolution moved by Nehru

Jan 22, 1947 - Resolution adopted

 After independence, Constituent Assembly Composition

299

229 70
British India Princely states

 Two separate functions were assigned to the assembly

1. Making of constitution for Free India
2. Enacting of ordinary laws

Thus, the assembly became the 1st parliament of free India (Dominion legislature)

• Assembly met as Constituent body – Chaired by D r. Rajendra Prasad

• Assembly met as Legislature body – Chaired by G V Mavalankar

Other functions

• It adopted nation flag on July 22, 1947

• It ratified the India’s Membership of the commonwealth May, 1949
• Adopted National anthem on Jan 24, 1950
• Adopted national song on Jan 24, 1950
• It elected Dr Rajendra Prasad as the 1st President of India on Jan 24, 1950

• Adopted national emblem on Jan 26, 1950 (By govt of India)

 Framing of Constitution was completed by Nov 26, 1949 (A preamble, 395 articles, 8
schedules)
  2 Years, 11 Months 18 days (11 sessions)
 Rs. 64 lakhs
 about 60 Countries
 final session of the constituent assembly – January 24, 1950

Committees of the Constituent Assembly

The constituent assembly appointed a no. of committees to deal with different tasks of
constitution making.

Eight major & other were Minor Committees

Major Committees (8)

1. Union powers committee
2. Union constitution committee
3. States committee NEHRU

4. Provincial constitution

5. Advisory on fundamental rights and Minorities sardar patel

6. Steering committee

7. Rules of procedure Dr Rajendra prasad

8. Drafting committee Dr B R Ambedkar

Minor Committees

• House Committee
 • Committee on chief Commissioner & Province - Pattabhi
Sitaramayya
Drafting Committee

Among all the committees of the constituent assembly, the most important committee
was The Drafting Committee, setup on August 29,1947.

Preparing a draft of the New Constitution.

1. Dr B. R. Ambedkar (Chairman)
2. Gopala Krishnaswamy Ayyangar
3. Alladi Krishnaswamy Ayyar
4. K. M. Munshi
5. Mohammad Saadullah
6. B.L Mitter (Madhava rau)
7. Khaitan (T.T.Krishnamachari)

Total members – 9
At a time 7
1st draft – Feb, 1948 8 Months
2nd draft – Oct, 1948

Final Draft – Nov 4, 1948

 The Drafting committee took less than 6 months to prepare its draft (141 days )
 The motion on Draft Constitution was declared as passed on November 26, 1949

 The Constitution as adopted on Nov 26, 1949 contained a preamble, 395

articles, 8 schedules.
 284 members present & signed on Constitution

 Father of the Constitution of India

 Chief architect of the Constitution of India Dr B. R. Ambedkar
 “Modern Manu”
Enforcement of the Constitution

• Citizenship
• Elections
• Provisional Parliament
↓
Came into force on
November 26, 1949.

 The major part of the Constitution came into force on January 26,
1950 I e Date of its commencement & celebrated as Republic day

 Abolish 1935 GOI act and Indian independence act 1947

after commencement of the Constitution

 Abolition of privy council (London) Jurisdiction act (1949).

Privy Council (London) --- Indian courts Judgements appeal in

Expert committee (INC) Jawaharlal Nehru

Criticism of the Constituent Assembly

• Not a representative body (No universal adult)

• Not a Sovereign body
• Time consuming (2year 11 month 18 days)
(USA – 4 months)
Naziruddin Ahmad, member of constituent assembly commented as “Drifting
Committee” dominated by congress
Constituent assembly was the congress and the congress was India – Granville
Austin (USA)
• Lawyer – politician domination
• Dominated by Hindus

Important Facts

• Elephant was adopted the symbol (Seal) of the constituent

assembly
• Sir B. N. Rau was appointed as the Constitutional Advisor (legal
advisor) to the Constitution in the constituent assembly.
• H. V. R. Iyengar was the Secretary of the Constituent assembly.
• S. N. Mukerjee was the Chief draftsman of the Constitution in
the constituent assembly (Draftsman – Sentence preparation)
• Calligrapher – Prem Behari Narain Raizada – Italic style
• Beautified & Decorated by Nand Lal Bose and Ram Manohar
Sinha (Shanti Niketan)
• Hindi Version – Vasant Krishan
Vaidya
• Hindi decorated – Nand Lal Bose

Hindi text of the Constitution

• 58th Constitutional amendment Act, 1987

• Article 394(A), Part XXII

Note:
 Constituent assembly disbanded on January 25, 1950

 Tryst with destiny – historical speech given by the Jawaharlal Nehru on august
14th (mid night), 1947.