CONSTITUENT ASSEMBLY

We all know about the Constitution and Constituent assembly. We all are aware that the makers of the constitution faced many difficulties. But do you know the Constituent assembly also faced many difficulties in its formation. So here I would be sharing some points about formation of the Constituent assembly and its challenges.

JOURNEY OF THE CONSTITUENT ASSEMBLY

The first view of the Constituent Assembly is in ‘Swarajya Bill’ which was released by Bal Gangadhar Tilak in 1895.

 In 1922, Mr. Gandhi also said in his weekly magazine ‘Harijan’ that “The constitution of Indians will be according to their will”.  The credit of its popularity goes to J.L.Nehru.  Simon Commission came to India in 1927, in their report they disqualified Indians for making their own Constitution. In that response, Nehru prepared the Nehru report in 1928 called as the mini constitution made by any Indian for the first time.  In 1934, M.N.Roy also forwarded that idea.

In 1938, Nehru told in Lucknow conference that “India is an independent country and its constitution should be framed by the constituent assembly”.

 The demand of constituent assembly by Indians was accepted for the first time by the British Government in August proposal (1940) in this proposal government said that “Indians will make the constitution themselves”.

  Then Cripps mission came to India in 1942 under the chairmanship of Stafford Cripps. But his plan was refused by the Muslim league because their demand was that India should be divided into two parts and separated Constituent Assembly should be formed for both of them.

 At last Cabinet mission arrived in India (Delhi) on 24 march 1946 and its report released on 16 may 1946. Finally constituent assembly was formed according to their report.

CABINET MISSION

REPORT OF CABINET MISSION

·        Total Number of members in Assembly  -       389

                                            

                                               British India  -        296

                                                                                  +  

                                         Princely States -            93

                                                                                   +                            

                     Chief Commissioner Areas   -           4

 

·         One Representative on 10 Lakh population.

·        Three communities voting in assembly –

1.      General

2.      Muslim

3.      Sikh

 

IMPORTANT NOTE

·        Election was held on July 1946.

·        Result –

       Congress won total seat              208

                                                                  +       

 Muslim League won total seat          73

                                                                   + 

                                  Non party               8

                                                                   +

                                       Others -              7

 

Election held for total members         296  

 

·        The Muslim league had lost this election so they didn’t participate in it.

·        First meeting was held on 9 December 1946.

·        President of first meeting was Dr. Rajendra Prasad and temporary president was Sachidanand Sinha.

·        B.N.Rao was appointed as legal advisor.

·        Drafting committee was formed on 29 august 1947 with their seven members and president was Dr. B.R.Ambedkar.

·        Total sessions and meetings of the Constituent Assembly were eleven and one forty one.

·        Last session was held on 26 January 1950.

·        17 Committees were formed to make the Constitution. Some important Committees of the Constituent Assembly and their Chairman=

 

1.     Union power Committee –                 j.L.Nehru

2.     Union Constitution Committee-        j.L.Nehru

3.     Advisory Committee-                           V.B. Patel

4.     Fundamental right sub Committee - J.B. Kriplani

5.     Provincial Constitution Committee – V.B.Patel

6.     Drafting Committee-                             B.R.Ambedkar

·        To frame Constitution, Assembly took two years eleven month and eighteen days.

·        Constitution came into force after three reading.

·        284 members signed the Constitution.

·        The estimated cost of the Constitution was 6.3 Crore.

·        Some important part was applied on 26 November 1949 which is celebrated as a Constitution day of India.

·        Final Constitution came into force on 26 January 1950.

·        Father of the Constitution is Dr. B.R.Ambedkar.

·        Our constitution was not effected in J&K, this only State had its own constitution but on 5 August 2019, the home minister Amit Shah introduced  the “Jammu and Kashmir Reorganization Bill, 2019” in Rajya Sabha to cover J&K into two separate Union Territories namely –

1.     J&K

2.     Ladakh

  And this bill was passed by majority in both houses. The two union territories came into existence on 31 October 2019, which is the birthday of Sardar Patel who united all the Princely States in independent India. Article 370 & 35A also removed by the Government. J&k is not a separate State now.