Simone Lawson
The Constituent Assembly of India, formed in 1946, played a crucial role in drafting the Indian Constitution. The Assembly, consisting of indirectly elected representatives, met for the first time in New Delhi on 9 December 1946, and its last session was held on 24 January 1950. The Constituent Assembly was established to draft a constitution for India, ensuring it reflected the nation's diverse cultural, social, and political fabric.
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What You'll Learn
The Constituent Assembly's first meeting
The Constituent Assembly of India met for the first time on 9 December 1946 in New Delhi. The Assembly was formed to draft a constitution for India, which at the time included the now-separate countries of Pakistan and Bangladesh. The Assembly was a partly elected and partly nominated body, with members elected by the Provincial assemblies of British India following the Provincial Assembly elections held in 1946. It was also nominated by princely states.
The Assembly's initial 389 members included representatives from the provinces, princely states, and chief commissioner provinces. However, due to the boycott by the Muslim League, the actual attendance at the first meeting was lower. The Congress Party dominated the Assembly with 208 seats, while the Muslim League had won 73. Despite the boycott, 28 out of 73 Muslim League members eventually joined India's Constituent Assembly. The Assembly also included members from other parties, such as the Scheduled Caste Federation, the Unionist Party, and the Communist Party of India.
The first meeting of the Constituent Assembly was a pivotal moment in India's history, as it set in motion the process of drafting the country's constitution. The Assembly played a crucial role in shaping the core principles of the constitution, ensuring it reflected the nation's diverse cultural, social, and political fabric. Led by prominent figures, the Assembly engaged in comprehensive debates on federalism, fundamental rights, and governance, ultimately drafting a constitution that symbolised India's shift to a sovereign republic.
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The role of women
The Constituent Assembly of India, formed in 1946, played a crucial role in drafting the Indian Constitution. The Assembly, led by prominent figures like Jawaharlal Nehru, Dr B.R. Ambedkar, and Sardar Vallabhbhai Patel, engaged in comprehensive debates on federalism, fundamental rights, and governance, shaping the document's core principles. The Constitution was adopted on 26 November 1949 and enforced on 26 January 1950, marking India's shift to a sovereign republic.
The Constituent Assembly, consisting of 389 indirectly elected representatives, included 15 women members, who actively participated in shaping the Constitution. These women, referred to as the "Founding Mothers" of the Indian Republic, brought a feminist perspective to the drafting process, advocating for equality, freedom, and human rights. They formed a distinct group, sharing a constitutional vision of justice and seeking to ensure that the new Constitution provided equal rights and opportunities for women in all spheres.
The female members of the Constituent Assembly initially included Begum Aizaz Rasul, Begum Jahanara Shahnawaz, Begum Shaista Suhrawardy Ikramullah, Ammu Swaminathan, Dakshayani Velayaudhan, G. Durgabai, Sucheta Kripalani, Vijayalakshmi Pandit, Purnima Banerji, Kamala Chaudhri, Sarojini Naidu, Hansa Mehta, Rajkumari Amrit Kaur, Leela Roy, and Malati Choudhury. Renuka Ray and Annie Mascarene were later elected, bringing the total number of female members to 17 by 1948.
These women brought a unique perspective to the Assembly, building on their strengths and advocating for women's rights. They were conscious of the differential treatment given to their contributions and adapted their strategies accordingly. For example, they wrote letters to influential male members to have their proposals considered and given due weight. This collaboration and engagement with male members of the Assembly was a crucial aspect of their feminist strategy.
The women members of the Constituent Assembly also had a keen understanding of the issues at hand and the potential implications of different approaches. For example, Dakshayani Velayudhan argued for the right to work for women but recognised the unsuitability of granting women night shifts due to the potential for indirect discrimination and harassment. This substantive equality approach is evident in the robust protections argued for under procedural fairness, now reflected in Articles 21 and 22 of the Indian Constitution.
The contributions of these women to the drafting of the Indian Constitution have often been overlooked, but their role was significant in shaping the country's future and ensuring that the principles of equality, liberty, and justice were enshrined in the document.
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The Muslim League boycott
The Constituent Assembly of India was formed in 1946 under the Cabinet Mission Plan. It was established to draft a constitution for India, including the now-separate countries of Pakistan and Bangladesh. The Assembly was an indirectly elected body that played a crucial role in drafting the Indian Constitution, reflecting the nation's diverse cultural, social, and political fabric. It was led by prominent figures like Jawaharlal Nehru, Dr B.R. Ambedkar, and Sardar Vallabhbhai Patel. The Constituent Assembly of India held its first sitting in New Delhi on 9 December 1946 and its final session on 24 January 1950.
The Muslim League's boycott was based on their opposition to the convening of the Assembly. They believed that the Assembly did not adequately represent the interests of the Muslim community in India. The League felt that the Assembly was not a true representative body of the Indian population and that it was created by British proposals, with its sessions held only with British permission. The League's concerns were shared by some members of the Assembly, who questioned whether the Assembly could convene and make decisions in their absence.
Despite the Muslim League's boycott, 28 of its 73 members ended up joining India's Constituent Assembly. The Assembly included a diverse range of ideologies and opinions, with Muslims and Sikhs receiving special representation as minorities. The boycott by the Muslim League highlighted the complexities and challenges faced during the constitution-making process in India, but it did not deter the Assembly from fulfilling its role in drafting the Indian Constitution.
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The August Offer
On 8 August 1940, the Viceroy of India, Lord Linlithgow, announced a set of proposals that came to be known as the "August Offer". This offer was made in Simla, early in the Battle of Britain, and was an attempt to resolve the Congress-Raj stalemate over popular control of India's defence. Linlithgow prefaced his proposal by reiterating that the differences in ideologies between the All-India Muslim League and the Indian National Congress must be bridged before any significant constitutional settlement was made.
Significant modifications were made to the August Offer in 1942 during the Cripps Mission, which was sent to India by the British government after the failure of the August Offer, in a bid to garner Indian support for the war.
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The drafting process
The Constituent Assembly of India, formed in 1946, played a crucial role in drafting the Indian Constitution. The Assembly was partly elected and partly nominated, with 296 members from British India and 93 from 20 independent Indian states. The Muslim League boycotted the Assembly, although 28 of its members out of 73 ended up joining. The Assembly was not elected based on complete universal adult suffrage, and Muslims and Sikhs received special representation as minorities.
The Assembly was established to ensure the new constitution reflected the nation's diverse cultural, social, and political fabric. 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.
To ensure the smooth functioning of the constitution-making process, the Constituent Assembly formed several committees with distinct purposes. These included the Organizational Committee, Principal Committees, and Sectoral Committees. The Principal Committees addressed key aspects of the Indian Constitution, while the Sectoral Committees tackled various issues related to the nation's governance. The Organizational Committee ensured the efficient drafting of India's Constitution by overseeing rules, finances, state negotiations, and procedural matters.
After the first session, several additional committees were established to examine and report on various aspects of the Constitution. These included the Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas, the Union Powers Committee, the Union Constitution Committee, and the Provincial Constitution Committee. These committees submitted their reports to the Constituent Assembly between April and August 1947. The Constituent Assembly discussed the general principles outlined in the recommendations, concluding its deliberations on 30 August 1947.
Based on the reports of these committees and discussions in the Constituent Assembly, B.N. Rau, the Constitutional Adviser, prepared a Draft Constitution. The draft was completed by October 1947 and submitted to the Drafting Committee. After scrutinising the draft, the Drafting Committee submitted its final version to the President of the Constituent Assembly on 21 February 1948. The draft was then published and circulated among the public, who provided comments, critiques, and suggestions. A Special Committee, comprising members from other committees, scrutinised this feedback and reprinted and resubmitted the draft on 26 October 1948, along with a set of amendments.
On 4 November 1948, B.R. Ambedkar presented the Draft Constitution of India to the Constituent Assembly and delivered a landmark speech. The Assembly approved the final draft on 26 November 1949, and it came into effect on 26 January 1950, commemorated as Republic Day. The Constituent Assembly then served as the Provisional Parliament of India until the first general elections under the new constitution in 1951-1952.
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Frequently asked questions
The first sitting of the Constituent Assembly of India took place on 9 December 1946.
The first meeting was presided over by Dr Sachidanand.
The Constituent Assembly was formed to draft and formulate the Constitution of India, establishing a framework for governance after independence.
Some prominent leaders in the Constituent Assembly included Jawaharlal Nehru, Dr B.R. Ambedkar, and Sardar Vallabhbhai Patel.
The total membership of the Constituent Assembly was 389, including representatives of the provinces, princely states, and chief commissioner provinces.
