THE JOURNEY OF THE CONSTITUENT ASSEMBLY
The Cabinet Mission has among other things recommended for formation of Constituent Assembly for framing of Indian Constitution. Constituent Assembly which was envisaged by Cabinet Mission and Constituent Assembly which finally drafted constitution was very different due to partition of British India in India and Pakistan.
CONSTITUENT ASSEMBLY AS ENVISAGED BY CABINET COMMISSION
Constituent Assembly as envisaged under Cabinet Mission was as under:
- Members of the Constituent Assembly were to be elected indirectly by members of Provincial Assemblies. The Cabinet Mission had opined that an ideal Constituent Assembly should have been constituted on the basis of universal adult suffrage, but same would have caused delay in transfer of power as such members of Provincial Assemblies were to elect members of Constituent Assembly for provinces. At that time there existed 11 provinces i.e. Assam, Bengal, Bihar, Bombay, Central Provinces, Madras, North West Frontier Provinces, Orissa, Punjab, Sind and United Provinces. During January 1946, elections had been conducted in these provinces. Congress, Muslim League and other Political Parties had participated in the elections. Congress made govt in Assam, Bihar, Bombay, Central Provinces, Madras, NWFP, Orissa and United Provinces. Muslim League made govt in Bengal and Sind. A Coalition Govt. consisting of Congress, Unionist Party and Akalis were formed in Punjab. It is pertinent to mention the elections for these provinces have not taken place on the basis of universal adult suffrage but rather only around 5 % of voters were eligible to vote in these elections.
- These members of Legislative Provinces were to elect the members of the Constituent Assembly on the basis of single transferrable vote. One representative of Constituent Assembly represented around one million population.
- Provinces were to allotted seats in proportion to its population. These seats were to divided among communities. Communities recogonised were General, Muslims and Sikhs. Representatives of specific community were to be elected by members belonging to that community.
- Provinces were grouped in three groups i.e. Group A, Group B and Group C. Group A was to consist of Madras, Bombay, United Provinces, Bihar, Central Provinces and Orissa. Group B was to consist of Punjab, North West Frontier Province and Sind. Group C was to consist of Bengal Assam.
- The Cabinet Mission recommended 389 members as total strength of Constituent Assembly. 296 representatives were to represent British Indian Provinces and 93 representatives were to represent Princely States.
- Princely states were to be represented by negotiating committee.
- A preliminary meeting was to be held wherein a chairman was to be elected and advisory committee on rights of citizens, minorities and tribals and excluded areas was to be set up.
- Provincial representatives had to divide themselves in three groups and to decide whether any group constitution will be set up for those provinces.
- Representatives of the provinces and princely states were to reunite for drafting union constitution.
- After coming into existence of constitutional arrangements it would have been open for any province to come out of any group
- Advisory committee on rights of citizens, minorities and tribals and excluded areas has to report to Union Constituent Assembly upon list of fundamental rights, clauses for protecting minorities, a scheme for administration of tribal and excluded areas
- A treaty was to be negotiated between the Union Constituent Assembly and the United Kingdom to provide for certain matters arising out of the transfer of power
THE CHALLENGES BEFORE CONSTITUENT ASSEMBLY
The journey of Constituent assembly was full of challenges.
The Issue of Muslim League
There were huge differences between Congress and Muslim League. Congress was of the view that Constituent Assembly was a sovereign body on the other hand Muslim League was of the view that Constituent Assembly was not sovereign body and subject of limitations put by Cabinet Commission. Congress thought that grouping mentioned in the Cabinet Mission is optional on the other hand Muslim League thought that grouping mentioned in the Cabinet Mission was compulsory.
Muslim League did not participate in the Constituent Assembly due to differences between Congress and Muslim League.
The Issue of Princely States
The other major challenge was on the part of Princely States. The Cabinet Commission has recommended for constitution of Negotiating Committee for representation of princely states in Constituent Assembly. Princely States were not cooperating and participating in the Constituent Assembly.
IMPACT OF PARTITION
The adamancy of Muslim League finally led to Partition of British India and two new nations i.e India and Pakistan were born vide Independence Act, 1947. The Partition of the Country has great impact on the Constituent Assembly.
Members belonging elected from area consisting of Pakistan ceased to be members of Constituent Assembly and accordingly there was reduction in members to 229 from 296.
Constituent Assembly continued to function despite partition. After partition the Constituent Assembly no longer had limitations put by Cabinet Commission and attained sovereignty in real sense.
After Partition, most of Princely states also merged with the Union and as such issue of princely states was also resolved.
EVENTS OF CONSTITUENT ASSEMBLY
The Govt. issued press note on 20th November, 1946 by which the first session of the Constituent Assembly was convened on 9th December, 1946.
The First Session was attended by 210 members only. Muslim League has not joined Constituent Assembly. There was no representative of Princely States also. Being the eldest member, Sh. Sachidanand Sinha was elected as acting President of the Constituent Assembly. Later Sh. Rajendra Prasad was elected as Permanent President of the Constituent Assembly
Constituent Assembly took 2 years 11 months 18 days to draft the Constitution. The Constituent Assembly met in 11 sessions.
The Objective Resolutions was moved by Jawaharlal Nehru on December 13, 1946 and adopted on January 22, 1947 in the absence of representative of Muslim League and princely states. Objective Resolutions have reflections in the Preamble of the Constitution.
Sir. B. N Rau was appointed as Constitution Advisor.
Committee Stage
The Constituent Assembly appointed various committees and subcommittees for recommendations for framing of Constitution.
Union Power Committee | Jawahar Lal Nehru |
Union Constitution Committee | Jawahar Lal Nehru |
States Committee | Jawahar Lal Nehru |
Steering Committee | Rajendra Prasad |
Rules of Procedure Committee | Rajendra Prasad |
Provincial Constitution Committee | Sardar Vallabhbhai Patel |
Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas | Sardar Vallabhbhai Patel |
Provincial Constitution Committee | Sardar Vallabhbhai Patel |
Draft Constitution
On the basis of reports of various committees and deliberations of Constituent Assembly, draft constitution was prepared by Constitution Advisor B N Rau. Drafting Committee has been set up on 29th August, 1947 under chairmanship of Dr. B. R, Ambedkar. Draft Constitution was submitted to the drafting committee headed by Sh. B R Ambedkar.
The Drafting Committee after scrutinizing the draft constitution submitted the first draft of the constitution to the President on 21st February, 1948.
First Drat was circulated in Public and after amendments the Drafting Committee resubmitted the draft on 26th October, 1948.
Debates on Draft Constitution
The draft constitution was submitted to the Constituent Assembly on 4th November, 1948. The draft constitution opened up for discussion in Constituent Assembly. After three reading of the draft constitution and extensive deliberation, the Constitution was adopted on 28th November, 1949. Constitution was enforced on 26th January, 1950.
________________________________________
Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.