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The National Assembly, also referred to as the Constituent Assembly, is a body that is formed to draft a constitution. The Constituent Assembly of India, for example, was formed in 1946 and played a crucial role in drafting the Indian Constitution. The Assembly engaged in comprehensive debates on federalism, fundamental rights, and governance, shaping the document’s core principles. The Constitution was adopted on November 26, 1949, and enforced on January 26, 1950, marking India’s shift to a sovereign republic. Similarly, the Constituent Assembly of South Africa, also known as the Constitutional Court or Constitutional Assembly (CA), drafted the country's constitution in the 1990s. The final constitution was adopted on May 8, 1996, and was signed into law on December 10, 1996.
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What You'll Learn
The Constituent Assembly of India
The Constituent Assembly was formed in 1946, with 296 members from British India and 93 members from 20 independent Indian states elected. The Assembly was led by prominent figures like Jawaharlal Nehru, Dr B. R. Ambedkar, and Sardar Vallabhbhai Patel. It engaged in comprehensive debates on federalism, fundamental rights, and governance, shaping the document's core principles. The Assembly was dominated by the Congress Party, which also dominated the provincial assemblies, and was criticised for its alleged Hindu dominance.
The constitution was drafted by 299 delegates from different castes, regions, religions, and genders. They sat over 114 days spread across three years, discussing the contents and laws to be included. The drafting committee, chaired by B. R. Ambedkar, presented a detailed draft constitution that was published for public discussion. Amendments were proposed and enacted, and the constitution was adopted on 26 November 1949. It was enforced on 26 January 1950, with the Constituent Assembly serving as the provisional parliament until the first general elections in 1951-52.
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The Indian Constitution
The Constituent Assembly was formed in 1946 by the British Cabinet Mission Plan, which also outlined the Assembly's functioning and composition. The Assembly first convened on December 9, 1946, and had 11 sessions over a period of 165-166 days. The drafting of the Constitution took place at two levels: committees and plenary. The committees, which were made up of smaller groups of Assembly members, prepared draft articles, reports, and notes on specific parts of the Constitution. These reports were then discussed by the Assembly in full strength, and amendments were proposed, debated, and adopted or rejected through majority votes.
The Draft Constitution was presented to the Constituent Assembly on November 4, 1948, by B.R. Ambedkar, the Chairman of the Drafting Committee. The Draft Constitution was then published and circulated among the public, and the comments and suggestions received were scrutinized by a Special Committee. The Drafting Committee took these inputs into account and held further discussions before resubmitting the Draft Constitution with a set of amendments on October 26, 1948. The Constituent Assembly then engaged in a clause-by-clause discussion of every Article in the Draft Constitution, with the most significant and extensive debates occurring during this period.
The Constitution of India was finally adopted by the Constituent Assembly on November 26, 1949, and came into force on January 26, 1950. The Constitution established India as a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government. It symbolized India's shift to a sovereign republic and introduced a parliamentary democracy built on the principles of justice, liberty, and equality.
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The Assembly's core principles
The Constituent Assembly of India was formed in 1946 and played a crucial role in drafting the Indian Constitution. The Assembly's core principles were shaped by comprehensive debates on federalism, fundamental rights, and governance. The Constitution, which came into effect on 26 January 1950, symbolised India's transition to a sovereign republic. Here are some of the Assembly's core principles:
Equality, Liberty, and Justice
The Assembly aimed to foster equality, justice, and freedom of thought, expression, belief, faith, and association for all Indian citizens. It sought to protect the rights of minorities and backward sections of society, ensuring that all individuals had equal opportunities and protections under the law.
Diversity and Social Fabric
The Assembly recognised India's diverse cultural, social, and political landscape. With representatives from different castes, regions, religions, and genders, the Assembly sought to create a constitution that reflected the nation's social fabric and ensured fair representation for all Indians.
Parliamentary Democracy
The Assembly laid the groundwork for a parliamentary democracy, establishing the norms and principles that would govern India's political framework. It advocated for a system where power was distributed between the central government and the states, fostering both unity and autonomy.
Self-Determination
The Assembly's efforts were driven by the aspiration for self-determination and a desire to end British colonial rule. It sought to empower Indians to draft their constitution and shape their future independently, free from the imposition of British-imposed constitutional frameworks.
Economic and Political Security
The Assembly worked towards fostering economic and political security through a written constitution. It aimed to secure the integrity of Indian territory and assert its rights on land, sea, and air, ensuring India's sovereignty and independence in global affairs.
These core principles guided the Constituent Assembly in drafting the Indian Constitution, shaping the country's future governance and development as a democratic republic.
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The Assembly's committees
The Constituent Assembly of India was formed in 1946 and played a crucial role in drafting the Indian Constitution. The Assembly was led by prominent figures like Jawaharlal Nehru, Dr. B.R. Ambedkar, and Sardar Vallabhbhai Patel.
After the first session of the Constituent Assembly, several committees were established to examine and report on various aspects of the Constitution. These committees played a crucial role in shaping the Constitution and ensuring that it reflected the nation's diverse cultural, social, and political fabric.
One of the key committees was the Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas. This committee focused on protecting the fundamental rights of all citizens, especially those from minority and tribal communities. It also addressed issues related to excluded and underserved areas of the country.
Another important committee was the Union Powers Committee, which examined the division of powers between the central government and the states. This committee played a crucial role in fostering a federal structure with a balanced distribution of powers, ensuring that the central government and states had clearly defined roles and responsibilities.
Additionally, the Union Constitution Committee and the Provincial Constitution Committee worked closely together to ensure that the Constitution applied equally to all parts of the country. They addressed issues such as the structure of government, the roles of various institutions, and the protection of citizens' rights at both the national and regional levels.
These committees submitted their reports to the Constituent Assembly between April and August 1947. The Assembly discussed the recommendations and concluded its deliberations on 30 August 1947. The input from these committees helped shape the core principles of the Constitution and ensure that it upheld the values of justice, liberty, equality, and diversity.
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The finalisation and adoption of the Constitution
The Constituent Assembly of India was formed in 1946 and played a crucial role in drafting the Indian Constitution. It was a partly elected and partly nominated body, with 296 members from British India (undivided) and 93 members from 20 independent Indian states elected. The Assembly was led by prominent figures like Jawaharlal Nehru, Dr B.R. Ambedkar, and Sardar Vallabhbhai Patel.
The Assembly engaged in comprehensive debates on federalism, fundamental rights, and governance, shaping the document’s core principles. The drafting committee, chaired by B.R. Ambedkar, presented a detailed draft constitution that was published for public discussion. The draft constitution was discussed, and amendments were proposed and enacted. The constitution aimed to foster economic and political security in India, declaring India a sovereign, democratic republic. It also fostered the formulation of a federal government with an even-handed distribution of powers between the Centre and the states.
After the first session of the Constituent Assembly, several committees were established to examine and report on various aspects of the Constitution, including the Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas. These committees submitted their reports to the Constituent Assembly between April and August 1947. The Assembly discussed the general principles outlined in the recommendations, with deliberations concluding on 30 August 1947.
The Draft Constitution was presented to the Constituent Assembly on 4 November 1948, by B.R. Ambedkar. This version included a list of suggested amendments that emerged from the scrutiny of comments received from stakeholders and the general public. The Constituent Assembly engaged in a clause-by-clause discussion of every Article in the Draft Constitution, with the most significant and extensive debates occurring during this period, lasting until 17 October 1949.
The Constitution was finally adopted on 26 November 1949 and enforced on 26 January 1950, marking India’s shift to a sovereign republic. The Constituent Assembly then served as the provisional Parliament from 26 January 1950, until the first general elections in 1951-52 established the new Parliament.
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Frequently asked questions
The Constituent Assembly of India was formed in 1946 and played a crucial role in drafting the Indian Constitution. The final draft of the Indian Constitution was completed on 26 November 1949 and was enforced on 26 January 1950.
The Constituent Assembly was an institution specifically conceived to design or amend a constitution. It was a partly elected and partly nominated body that framed the Constitution of India. The Assembly engaged in comprehensive debates on federalism, fundamental rights, and governance, shaping the document's core principles.
Bhimrao Ramji Ambedkar, also known as B.R. Ambedkar, chaired the drafting committee of the Constituent Assembly. He presented the draft constitution to the Constituent Assembly on 4 November 1948.
The Constituent Assembly of India had 299 members from British India (undivided) and 93 members from 20 independent Indian states. The members were elected by provincial assemblies and represented different castes, regions, religions, and genders.
The French National Assembly completed its draft of the constitution in 1789.
