Question

The constituent assembly was not elected by universal franchise. Its representatives were elected by legislators who was elected by 10% of the people. So do you think it was proper to use the phrase 'We the people' ? ​

Answer 1

Required Answer

In November 1948, B.R. Ambedkar moved the Draft Constitution of India in the Constituent Assembly. In the days following this, members commented on the Draft putting forward their preliminary views. This phase of the debates was general; an article by article discussion and the consideration of amendments was planned for later.  

In November 1948, B.R. Ambedkar moved the Draft Constitution of India in the Constituent Assembly. In the days following this, members commented on the Draft putting forward their preliminary views. This phase of the debates was general; an article by article discussion and the consideration of amendments was planned for later.  However, a member of the Assembly moved an amendment during the general discussion itself. Damodaran Seth proposed that the Assembly should not take up the Draft Constitution. He wanted a new Assembly, elected through adult franchise, to consider the Draft.

In November 1948, B.R. Ambedkar moved the Draft Constitution of India in the Constituent Assembly. In the days following this, members commented on the Draft putting forward their preliminary views. This phase of the debates was general; an article by article discussion and the consideration of amendments was planned for later.  However, a member of the Assembly moved an amendment during the general discussion itself. Damodaran Seth proposed that the Assembly should not take up the Draft Constitution. He wanted a new Assembly, elected through adult franchise, to consider the Draft.Seth believed that the current Assembly, which was not elected through adult franchise, did not have the representative credentials required to move forward in this critical phase of constitution-making.  He pointed out that members to the Assembly were indirectly elected by provincial assemblies, which in turn were elected by 15% of Indians.

Balakrishna Sharma dispatched Seth’s arguments as ‘weak, groundless, uninteresting and senseless to such a degree as cannot be defined’.  Sharma said that Seth’s 15% point was a ‘fallacious one - fallacious because nowhere in the world can a model assembly be constituted’.  He went further and argued that ‘when to make democracy fully representative in character, we evolve such institutions as proportional representation and thereby establish fascism amongst ourselves’.

Balakrishna Sharma dispatched Seth’s arguments as ‘weak, groundless, uninteresting and senseless to such a degree as cannot be defined’.  Sharma said that Seth’s 15% point was a ‘fallacious one - fallacious because nowhere in the world can a model assembly be constituted’.  He went further and argued that ‘when to make democracy fully representative in character, we evolve such institutions as proportional representation and thereby establish fascism amongst ourselves’.Shibban Lal Saxena urged the Assembly to not dismiss Seth’s amendment lightly. He agreed that the ideal Assembly would have been based on adult franchise. He reminded members that Indians, and the Congress Party, wanted the Assembly to be based on adult franchise but the British did not allow this. This was in reference to the Cabinet Mission Plan that had cited time constraints and practicality to discard the adult franchise route.

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