Discuss the circumstances, which led to the formation of the Constituent Assembly & Drafting Committee.
Answers
Answer:
Exactly 70 years ago the Constituent Assembly of India sat for the first time on December 9, 1946. Thus started a historical journey which saw India attainting independence, deciding on its national flag, national insignia, national anthem; and ultimately adoption of the Constitution which made our country a democratic republic. On this occasion, Down to Earth is putting together a special package in collaboration with Jana Vidhi Muhim, which is working on spreading constitutional literacy; especially on countering ignorance and misinformation. It is desirable that Constitution becomes accessible by common citizen and doesn’t just remain preserve of lawyers and scholars. We present this package with a hope that more and more people will realise that the Constitution is not a holy book but a functional manual.
SALIENT FEATURES OF CONSTITUENT ASSEMBLY OF INDIA
The Constituent Assembly of India came into existence as per the provisions of Cabinet Mission Plan of May 1946. Its task was to formulate constitution/s for facilitating appropriate transfer of sovereign power from British authorities to Indian hands.
The Assembly was to have proportional representation from existing provincial legislatures and from various princely states. Bulk of these elections was completed by the end of July 1946, under the supervision of Reforms Office under Governor General (Viceroy).
The Assembly was to have three sections: Punjab & North-West, Bengal-Assam and Rest of India. The Constitutions were to be formulated for Indian Union, each Section and for each of the Provinces therein. The Muslim League, which had won bulk of the 80 Muslim seats and dominated two smaller Sections, chose not to participate so the Assembly never convened separately in sections.
Assembly held 12 sessions, or rounds of sittings:
December 9-23, 1946,
January 20- 25, 1947,
April 28- May 2, 1947,
July 14- 31, 1947,
August 14- 30, 1947,
January 27, 1948,
November 4, 1948-January 8, 1949,
May 16- June 16, 1949,
July 30-September 18, 1949,
October 6-17, 1949,
November 4-26, 1949,
January 24, 1950.
Membership of the Assembly kept varying for different reasons, other than resignation and death. Many public figures showed keenness to enter the Assembly but its membership was also denounced by certain groups like Muslim League, Communists and Socialists. These attitudes changed too. After passage of the Indian Independence Act by British Parliament it was decided that those members who wish to retain their seats in provincial legislature would vacate their seats in the Assembly. But several members of provincial legislature continued to come and partake in the Assembly until the provision against this was made in the Constitution itself. Biggest change in membership was caused by the declaration of Partition of India. Certain members like Dr. Ambedkar, who were elected from territories assigned to Dominion of Pakistan, lost their seats. Muslim League members elected from United Provinces, Bihar and elsewhere came to occupy their seats after partition. Such members were humiliated on many occasions and Patel even told them to go to Pakistan. After initial disinterest, the princely states started negotiating with a committee of the Assembly for their representation. Over a period, hundreds of princely states were grouped into larger associations and provisions were made for them to elect their representatives to the Assembly. Till the last day of the Assembly, new members kept joining in. Hyderabad did not send any representative till the end. The total number of people who sat as members of the Assembly at any time has not been calculated by any official or scholar. Records show that maximum membership towards the end of tenure of Assembly was 307.
2.5- Drafting Committee (appointed on 29 Aug. 1947. 8 members, Chairperson- Dr. Ambedkar. Worked till 17 Nov. 1949)
Other Sectoral Committees
3.1- Ad-hoc Committee on Citizenship (appointed on 30 April, 1947. 7 members, Chairperson- S. Varadachariar. Worked till 12 July. 1947)
3.2- Committee on Chief Commissioner’s Provinces (appointed on 31 July, 1947. 7 members, Chairperson- N. Gopalaswami Ayyangar. Worked till 21 Oct. 1947)