Eleanor Finch
The Constituent Assembly of India was formed in 1946 to draft the Constitution of India. It was a partly elected and partly nominated body, with 389 members, including representatives of provinces, princely states, and chief commissioner provinces. The Assembly was criticized for not being a representative or sovereign body, and for being dominated by Congress members, Hindus, and lawyer-politicians. However, it successfully drafted the Constitution, which was approved on 26 November 1949 and took effect on 26 January 1950. Dr. Rajendra Prasad was the permanent President of the Constituent Assembly, with Harendra Coomar Mookerjee as vice-president.
| Characteristics | Values |
|---|---|
| Total members | 389 |
| Members representing provinces | 292 |
| Members representing princely states | 93 |
| Members from chief commissioner provinces | 4 |
| Members after partition | 299 |
| First session | 9 December 1946 |
| President | Rajendra Prasad |
| Vice-president | Harendra Coomar Mookerjee |
| Interim President | Sachhidannad Sinha |
| Constitutional adviser | B. N. Rau |
| Duration of existence | Approximately three years |
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What You'll Learn
The Constituent Assembly of India
The Assembly was formed following the Provincial Assembly elections in 1946, with members elected by the Provincial Assemblies and nominated by the princely states. The total membership of the Constituent Assembly was 389, comprising 292 representatives of the provinces, 93 representing the princely states, and 4 from the chief commissioner provinces. The Assembly was tasked with the challenging job of creating a constitution that would unify a diverse nation with numerous castes, religions, and regions.
The Constituent Assembly's work was not just about drafting a legal document; it was also a platform for debating and resolving complex political, social, and cultural issues. The Assembly held eleven sessions over 165 days, with 114 days dedicated to discussing and shaping the content of the constitution. The Drafting Committee of the Constitution was chaired by B. R. Ambedkar, a renowned Indian scholar, legal expert, and social reformer. The committee included prominent figures such as N. Gopalaswami Ayyangar, M. A. Kazmi, and T. A. Ramalingam, among others.
The Constituent Assembly approved the final draft of the constitution on November 26, 1949, and it came into effect on January 26, 1950, a date now commemorated as Republic Day in India. The Assembly then transitioned into the Provisional Parliament of India, serving as the nation's legislative body until the first elections under the new constitution in 1952. Dr Rajendra Prasad was the permanent President of the Constituent Assembly, elected on December 11, 1946, and served as the country's first president after independence.
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Dr Rajendra Prasad, permanent president
Dr Rajendra Prasad was the permanent president of the Constituent Assembly of India. The Assembly was formed on the recommendations of the Cabinet Mission that visited India in 1946 to draft a constitution for the country. It was constituted on 9 December 1946, with 207 members attending its first session. Dr Sachidanand Sinha was the interim president when the first meeting took place.
Dr Rajendra Prasad was elected as the president and H.C. Mukherjee as the vice-president of the Constituent Assembly on 11 December 1946. The Constituent Assembly selected 22 committees to deal with the diverse tasks of framing the Constitution. 10 committees were on procedural affairs and 12 committees were on substantive affairs.
Prasad was born on 3 December 1884 in a Kayastha family in Ziradei, Bengal Presidency, British India (now in Siwan district, Bihar, India). In 1911, he became a member of the Indian National Congress and subsequently served as its president thrice. He gave up his legal career to join the independence movement in 1920 and was imprisoned during the Salt Satyagraha in 1931 and the Quit India movement in 1942. In 1946, Rajendra Prasad joined the Interim Government of India as the Minister of Food and Agriculture. As a firm believer in maximising agricultural production, he crafted the slogan “Grow More Food.
Prasad was elected as a member of the Constituent Assembly from the Bihar Province where he served as the president of the Constituent Assembly from 1946 to 1950. During this time, he was also the chairman of four committees. He was always admired for his qualities of objectivity, impartiality, patience and intellect in his role as the President of the Assembly. On 24 January 1950, at the last session of the Constituent Assembly, Prasad was elected as the first President of India.
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Formation and objectives
The Constituent Assembly of India was formed to draft a constitution for the country. It was conceived by V. K. Krishna Menon as early as 1933 and first proposed in 1934 by M. N. Roy, a pioneer of the Communist movement in India. The idea was later proposed by the Indian National Congress in 1935. The Constituent Assembly was partly elected and partly nominated, with members chosen by indirect election by the Provincial Assemblies. The total membership of the Constituent Assembly was 389, with 292 representatives of the provinces, 93 representatives of the princely states, and 4 from the chief commissioner provinces of Delhi, Ajmer-Merwara, Coorg, and British Baluchistan. The Muslim League boycotted the Assembly, but 28 of its members out of 73 ended up joining. The Assembly was dominated by the Congress Party, which also dominated the provincial assemblies, and included a wide range of ideologies and opinions, from conservatives and progressives to Marxists, liberals, and Hindu revivalists.
The Constituent Assembly's main objective was to draft and formulate the Constitution of India, which was the only way the concept of self-determination could be implemented in the country. The Assembly was given complete autonomy and the power to draft any constitution it chose, as well as the authority to annul or amend any law passed by the British Parliament regarding India. The Assembly was also given legislative authority. The constitution was drafted by 299 delegates from different castes, regions, religions, and genders, who sat for 2 years, 11 months, and 18 days, spread over 3 years, and discussed what the constitution should contain and what laws should be included. The drafting committee of the constitution was chaired by B.R. Ambedkar. The Constituent Assembly met for the first time on December 9, 1946, and approved the draft constitution on November 26, 1949. On January 26, 1950, the constitution took effect, and the Constituent Assembly became the Provisional Parliament of India, continuing until after the first elections under the new constitution in 1952.
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Membership and elections
The Constituent Assembly of India was a partly elected and partly nominated body. It was formed in 1946 to draft a constitution for India, which at the time included the now-separate countries of Pakistan and Bangladesh. The Assembly was not elected based on universal adult suffrage, and Muslims and Sikhs received special representation as minorities. The Muslim League boycotted the Assembly, although 28 of its members out of 73 ended up joining.
The Assembly was elected by the Provincial Assemblies of British India following the Provincial Assembly elections in 1946. The total membership of the Constituent Assembly was 389, including 292 representatives of the provinces, 93 representatives of the princely states, and 4 from the chief commissioner provinces of Delhi, Ajmer-Merwara, Coorg, and British Baluchistan. The elections for the 296 seats assigned to the British Indian provinces were completed by August 1946. Congress won the majority of these seats, with 208.
The members of the Constituent Assembly were chosen by indirect election by the members of the Provincial Legislative Assemblies, according to the scheme recommended by the Cabinet Mission. The Assembly sat for the first time on 9 December 1946, with 207 members in attendance. The first president was Rajendra Prasad, and Harendra Coomar Mookerjee was vice-president.
The Constituent Assembly of India was criticised for not being a representative body, as its members were not directly elected based on universal adult franchise. It was also criticised for being dominated by Congress members, Hindus, and lawyer-politicians. However, the Assembly did include a wide diversity of ideologies and opinions, from conservatives, progressives, Marxists, liberals, and Hindu revivalists.
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Criticisms and defence
The Constituent Assembly of India was a body formed to draft the Constitution of India. It was a partly elected and partly nominated body, with 292 representatives of provinces, 93 representatives of princely states, and 4 from the chief commissioner provinces. The Assembly was not directly elected based on universal adult franchise, and was instead elected by provincial assemblies. It was also criticised for being dominated by Hindus and Congress, and for being time-consuming.
One of the main criticisms of the Constituent Assembly was that it was not a representative body. This was because its members were not directly elected based on universal adult franchise, but rather were elected by provincial assemblies. This meant that the Assembly did not necessarily reflect the will of the people. However, it could be argued that the Assembly was still representative of the people of India, as it included a wide range of ideologies and opinions, from conservatives and progressives to Marxists and liberals.
Another criticism was that the Constituent Assembly was not a sovereign body. This was because it was created by British proposals and its sessions were held with the permission of the British government. This meant that the Assembly was not truly independent of British influence. However, it could be argued that the Assembly had significant autonomy, as it was given the power to annul or amend any law passed by the British Parliament regarding India.
The Constituent Assembly was also criticised for being dominated by Congress. Granville Austin commented that "The Constituent Assembly was one party body in an essentially one-party country. The Assembly was the Congress, and the Congress was India". This meant that the Assembly may not have represented the full range of political opinions in the country. However, it could be argued that the Congress party itself included a wide range of ideologies, so the Assembly was still representative of the people.
The Assembly was also criticised for being dominated by Hindus. Winston Churchill commented that the Constituent Assembly represented "only one major community in India". This was a particular concern as the Assembly was tasked with drafting a constitution for a country with a diverse range of religious and cultural communities. However, it could be argued that the Assembly included representatives from different castes, regions, and religions, and that the final constitution was the result of a compromise between these different groups.
Finally, the Constituent Assembly was criticised for being time-consuming. It took three years to draft the constitution, which was significantly longer than other constitutions such as the American Constitution, which was formed in four months. However, it could be argued that the Indian Constitution was a complex and comprehensive document, and that the time taken to draft it ensured that it was well-considered and reflected the will of the people.
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Frequently asked questions
Dr Rajendra Prasad was the permanent President of the Constituent Assembly.
Sachhidannad Sinha was the interim president of the Constituent Assembly.
The Constituent Assembly was formed on 9 December 1946.
The Constituent Assembly was formed to draft a constitution for India.
The Constituent Assembly had 389 members, including 292 representatives of the provinces, 93 representatives of the princely states, and 4 from the chief commissioner provinces.
