Question

Why did the members of the constituent assembly insert constitutional provisions for establishing the rule of law? ​

Answer 1

Answer:

The Constituent Assembly of India, consisting of indirectly elected representatives, was established to draft a constitution for India (including the now-separate countries of Pakistan and Bangladesh). It existed for approx. three years, the first parliament of India after independence in 1947.

Explanation:

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Answer 2

Answer:

With the increase in constitution making around the world, there is a growing interest

in the role of a constituent assembly. The distinguishing characteristic of a constituent

assembly is that it is established to make a constitution, or at least that this is its

primary role. The constituent assembly is still the most common mode of making a

constitution. Unlike past times, a constitution is no longer accepted as an imposition

by a victor or dominant group over others (or a grant by a monarch or a president), or

even that the military would promulgate the constitution (though both these situations

happened in the last few decades—Nigeria’s democratic constitutions of 1979 and

1989 were promulgated by the military, although based to some extent on the work of

constitution commissions and constituent assemblies).

Distinguishing a constituent assembly from other constitution making mechanisms

might suggest that it is a distinct species (with its generally accepted characteristics).

But the fact is that between constituent assemblies there can be (and have been)

enormous differences in the composition, functions and modes of operation. These

differences have a major impact on the manner in which the process of making a

constitution is conducted as well as its orientation and outcome. The paper reviews

these various possibilities, drawing on the experiences of many countries’ constitution

making processes, from the American Convention and the French Assembly of the

1790s to the Kenyan National Constitutional Conference 2001-4 and the Transitional

National Assembly of Iraq 2005.

The constituent assembly must be viewed in the context of the entire process of

making a new constitution. In some countries it has been in charge of the entire

process, but in others it has shared the task with other institutions, including giving

the force of law to the constitution. Therefore when the decision to have a constituent

assembly is made, it is important to focus on its relationship to other aspects of the

constitution making process, even the fundamental question of how to initiate the

reform process and to develop a consensus on institutions and methods. This paper

therefore is not only about the mechanics of a constituent assembly, but also the

context in which it operates and its connections to state, society and other processes.

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