What is the difference between constituent assembly and drafting committee ??
Answers
Constituent body make constitution for a country or a state. It is also known as Constituent Assembly. Such bodies have exclusive right to change/amend the Constitution. For example- constituent Assembly of India (1946) which framed Indian constitution and J&K constituent Assembly which frame constitution of J&K. Parliament also act like a Constituent body, only in limited sense, as it can amend the Constitution through article 368.
In India, parliament is both a constituent body as well as legislative body, because it make laws for day to day governance as well as amend/repeal provisions of constitution. But state legislature are only legislative bodies, as they cannot amend constitution.
To understand better, take the example of constituent Assembly of india, which was formed in 1946 to frame constitution. This body also functioned as a legislative body for a period of 1946–1952, i.e till fresh election held and 1st Lok Sabha is established.
When the meetings of assembly was headed by Dr. Rajendra Prasad, it acted as constituent body, in which only Constitutional debated took place. When the same body’s meeting was headed by GV Mavlankar, it acted like a legislative body.(Rajendra Prasad- president of Constituent Assembly, GV Mavlankar- 1st speaker)
Supreme Court in one of its judgement held that parliament enjoy only limited constituent power. Means it cannot be compared to 1946 assembly which enjoyed immense power. Parliament has limited power because it cannot amend the “basic structure” of the Constitution
An idea for a Constituent Assembly was intended in 1934 by M. N. Roy, a pathfinder of the Communist campaign in India and an advocate of liberal democracy. It converted to be an official requirement of the Indian National Congress in 1935, C. Rajagopalachari asserted the demand for a Constituent Assembly on 15 November 1939 based on adult franchise and was received by the British in August 1940. The constituent body makes a constitution for a nation or a state. It is also known as the Constituent Assembly.
On 29 August 1947, the Constituent Assembly established up a Drafting Committee beneath the Chairmanship of Dr. B.R. Ambedkar to develop a Draft Constitution for India. While deliberating against the draft Constitution, the Assembly proceeded, considered and distributed of as many as 2,473 alterations out of a total of 7,635 tabled.
But state legislature is simply legislative bodies, as they cannot alter the constitution.