Discuss The Formations, Nature, Working of The Constituent Assembly of India

The Constituent Assembly of India was a key body that drafted the Constitution of India, laying the foundation for the nation’s democratic governance. It played a pivotal role in shaping modern India’s legal and political framework. Here’s a detailed overview of the formation, nature, and working of the Constituent Assembly:

1. Formation of the Constituent Assembly:

• Origin: The idea of a Constituent Assembly was first proposed in 1934 by M.N. Roy, a pioneer of the Indian communist movement. The demand gained momentum, especially after the failure of the Government of India Act, 1935, to satisfy Indian political aspirations.
• Plan under the Cabinet Mission: The Constituent Assembly was formed as a result of the Cabinet Mission Plan of 1946. The British government, led by Prime Minister Clement Attlee, sent the Cabinet Mission to India to outline a plan for independence. This plan proposed the creation of a Constituent Assembly elected by provincial legislative assemblies.
• Election: Members of the Constituent Assembly were indirectly elected by the members of the provincial assemblies through a proportional representation system. The assembly was to have representation from various communities (Hindus, Muslims, Sikhs, etc.) and regions. Out of 389 seats, 292 were allocated to provinces, 93 to princely states, and 4 to the Chief Commissioners’ Provinces.
• Muslim League’s Boycott: Initially, the Muslim League, led by Muhammad Ali Jinnah, boycotted the proceedings, which led to a challenge in ensuring full representation. Later, the Assembly’s composition was modified after the partition of India, and 299 members remained in the Assembly for the newly formed India.

2. Nature of the Constituent Assembly:

• Sovereign Body: The Constituent Assembly was a sovereign body with complete freedom to frame the Constitution for India. Although initially formed under British authority, once India gained independence on August 15, 1947, the Assembly became fully sovereign in nature.
• Representative: The Assembly was broadly representative of the Indian population, with members from different political backgrounds, communities, and regions. Despite the absence of universal adult suffrage, its members were largely respected figures, including lawyers, freedom fighters, social reformers, and intellectuals.
• Non-Partisan and Deliberative: The Constituent Assembly worked in a non-partisan manner, focusing on national interests. It encouraged detailed and patient deliberation, with members engaging in deep discussions on every article and clause of the Constitution.
• Diversity: The Assembly had a diverse representation, including stalwarts like Jawaharlal Nehru, Dr. B.R. Ambedkar, Dr. Rajendra Prasad, Sardar Vallabhbhai Patel, Maulana Abul Kalam Azad, and many others. The assembly also included a significant number of women, such as Sarojini Naidu, Hansa Mehta, and Rajkumari Amrit Kaur, contributing to the drafting process.

3. Working of the Constituent Assembly:

• Committees: The Assembly functioned through a series of committees, each tasked with drafting different aspects of the Constitution. The Drafting Committee, chaired by Dr. B.R. Ambedkar, was perhaps the most significant. Other key committees included the Union Powers Committee, Fundamental Rights Committee, and Provincial Constitution Committee.
• Deliberation: The Assembly met for 165 days over 2 years, 11 months, and 18 days from December 9, 1946, to November 26, 1949. The debates were comprehensive, covering fundamental rights, the distribution of powers between the center and states, minority rights, the role of the judiciary, and more. Every article was debated thoroughly, with significant input from members across political lines.
• Preamble and Objectives Resolution: One of the earliest tasks of the Assembly was the adoption of the Objectives Resolution moved by Jawaharlal Nehru in December 1946. This resolution formed the basis of the Preamble to the Indian Constitution, which outlined the guiding principles such as sovereignty, democracy, equality, justice, and fraternity.
• Inclusion of Fundamental Rights: A major focus of the Assembly was the protection of individual rights. The discussions led to the incorporation of Fundamental Rights and Directive Principles of State Policy in the Constitution, which balanced civil liberties with social welfare.
• Role of Dr. B.R. Ambedkar: Dr. Ambedkar, as the Chairman of the Drafting Committee, played a central role in drafting the final text of the Constitution. He is often referred to as the principal architect of the Constitution. His advocacy for social justice, especially in securing protections for marginalized communities, was a hallmark of the drafting process.
• Adoption of the Constitution: The draft Constitution was finalized and adopted by the Assembly on November 26, 1949. However, it officially came into effect on January 26, 1950, which is celebrated as Republic Day. This date was chosen to commemorate the Purna Swaraj Declaration of 1930.

4. Key Features of the Constituent Assembly’s Constitution:

• Federal Structure with a Strong Centre: The Constitution created a quasi-federal system, where both the Union and states had clearly defined powers, but the Centre held more authority.
• Parliamentary Democracy: The Constitution established a parliamentary system of government, similar to the British model, where the executive is responsible to the legislature.
• Secularism: The Indian Constitution guarantees freedom of religion and prohibits the establishment of a state religion, ensuring India remains a secular nation.
• Protection of Fundamental Rights: The inclusion of Fundamental Rights was designed to ensure individual freedoms and protect citizens from arbitrary state actions.
• Judicial Review and Independent Judiciary: The Constitution provided for an independent judiciary, with the power of judicial review to ensure that laws passed by the legislature conform to the Constitution.
• Social Justice: Inspired by the vision of social reformers, the Constitution introduced several provisions to address issues of inequality, caste discrimination, and economic disparity.

5. Challenges and Criticism:

• Limited Direct Representation: While the Constituent Assembly was largely representative, it was indirectly elected, and there were criticisms that it did not represent the masses fully, especially the poor and illiterate.
• Delay in Drafting: The drafting process, although comprehensive, was long and often criticized for being slow. This was due to the complex nature of India’s diversity and the need to accommodate various interests.
• Absence of Major Muslim Leaders: The absence of major leaders from the Muslim League, following the partition, affected the diversity of opinions and perspectives in the Assembly.

Conclusion :

The Constituent Assembly of India was a remarkable body that undertook the monumental task of drafting the Indian Constitution. Despite facing various challenges—political, social, and logistical—it succeeded in framing a comprehensive and enduring Constitution that continues to govern India. The Assembly’s work was driven by principles of democracy, inclusivity, and justice, with the vision of creating a nation that stood for equality and unity in diversity.