Making Of The Constitution

Indian Polity

Chapter 2: Making Of The Constitution

Important Years:

1922 – Mahatma Gandhi’s demand 1928 –Nehru Report
1934 – M N Roy demand for Constituent Assembly 1939 – World War II
1940 – August offer 1942 – Cripps Mission
1942 – Quit India Movement
1945 – World War II (came to end) 1945 – Simla Conference
1946 – Cabinet Mission Plan
1946 – Constituent Assembly (Formation and first meeting)
1947 – Lord Mountbatten replaced Lord Wavell as Viceroy of India 1947 – June 3rd plan or Mountbatten Plan
1947 –Indian Independence Act was passed in the British Parliment 1947 – Partition
1947 – Independence to Indian and Pakistan 1948 – Draft of Indian Constitution introduced 1949 – Constitution was adopted
1950 – Constitution came into force
1922 – Mahatma Gandhi put forward the demand that India’s political destiny should be determined by the Indians themselves.
May 17, 1927 – At Bombay session Motilal Nehru moved a resolution calling up on the Congress working committee to frame a Constitution for India.
May 19, 1928 – In all party conference a committee was set up under the Chairmanship of Motilal Nehru to determine the principles of the Constitution of India.
Report was submitted on August 10, 1928 and was called Nehru Report.
This was the 1st attempt by Indians to frame a full-fledged Constitution for India
MN Roy in the year 1934 put forward the idea of Constituent Assembly for India for the first time.
In the year 1935, the Indian National Congress for the first time officially demanded for the CONSTITUENT ASSEMBLY.

August offer:

The demand for the CONSTITUENT ASSEMBLY was for the first time and authoritatively conceded by the British Government in the year 1940 through August Offer.
1940 – The coalition government in England recognized the principle that the Indians should themselves frame a new Constitution.

Cripps mission 1942:

Sir Stafford Cripps(Cabinet Minister) came to India with a proposal of framing of Independent Constitution of India to be adopted after World War II provided that the 2 major political parties INC and the Muslim League could come to an agreement.

The Muslim League rejected the same on the demand that India to be divided into 2 autonomous states on communal lines with 2 separate CONSTITUENT ASSEMBLYs.
Hence political parties could not come to an agreement.
This was followed by Quit India Movement in August 1942.
After the World War II, the new labor party government came to the power in England.
Simla Conference was held in the year 1945 at the instance of viceroy, Lord Wavell.

Simla Conference:

The Simla Conference of 1945 was arranged by Lord Archibald Wavell and the major political parties in India.
This was convened to agree up on the Wavell plan for Indian self Government to provide separate representation to Muslims.
The talks failed.
1946 – Cabinet Mission plan (Lord Pethick Lawrence, Sir Stafford Cripps and A V Alexander ) was sent on March 24, 1946 to India with a proposal of CONSTITUENT ASSEMBLY.
The delegation rejected the claim for a separate Constituent Assembly and a separate state for Muslims.
The CONSTITUENT ASSEMBLY was constituted in November , 1946 with 389 members .(296 British India and 93 were from princely states).
Constituent Assembly members were both elected indirectly and nominated.
Out of 296 INC won 208 including all general seats except 9, Muslim League 73, others and independent members 15. Princely states initially decided to stay away from the CONSTITUENT ASSEMBLY.

Congress – 208
Muslim League – 73
Unionist – 1
Unionist Muslim – 1
Unionist Scheduled Castes – 1
Krishak Praja – 1
Scheduled Castes Praja – 1
Sikh (non-congress) – 1
Communist-1
Independents – 8

Note: (Except Mahatma Gandhi and Mohammed Ali Jinnah all prominent persons were members in CONSTITUENT ASSEMBLY.

The first meeting of the CONSTITUENT ASSEMBLY took place on December 9, 1946.
Muslim League boycotted the meeting and insisted on separate state Pakistan.
Meeting was attended by 211 members only.
Dr.Sachchidanand Sinha – interim President of CONSTITUENT ASSEMBLY.
December 11, 1946 – Dr Rajendra Prasad was elected as the President of the Constituent Assembly.
H C Mukherjee – Vice President of the CONSTITUENT ASSEMBLY.
B N Rau – Constitutional advisor.
December 13, 1946 – “Objectives Resolution” was moved by Jawaharlal Nehru.
The “objective Resolution” was adopted on January 22,1947.(Who moved it ? what are the dates? Important for the examination point of view).
Preamble was the modified version of the Objectives Resolution. (Hence very important).
Lord Mountbatten was sent to India as the Governor-General replacing Lord Wavell.
Lord Mountbatten came out with a plan.
This plan was given a formal shape by a statement made by British Government on June3, 1947.
This plan is known as Mountbatten plan or June 3 plan.
On July 26, 1947 Lord Mountbatten announced the establishment of a separate Constituent Assembly for Pakistan.
The Indian Independence bill was introduced in the British Parliament on July 4, 1947.
The India Independence Act came into force from July 18, 1947.
The Indian Independence Act of 1947 provided that from August 15, 1947 would be set up two independent dominions India and Pakistan.
The Constituent Assembly reassembled on August 14, 1947 as the Sovereign Constituent Assembly for the Dominion of India.
The members of the Pakistan area in the Constituent Assembly are ceased to be the members.
When the Constituent Assembly reassembled on October 31, 1947 the membership was reduced to 299.
With Indian Independence Act of 1947, CONSTITUENT ASSEMBLY became the sovereign body. (India became sovereign on January 26, 1950)
The CONSTITUENT ASSEMBLY became the first parliament of free India.
The first speaker – G V Mavalankar.

CONSTITUENT ASSEMBLY adopted the

National Flag on July 22, 1947.
Constitution on November 26, 1949.
National Anthem on January 24, 1950.
National Song on January 24, 1950.
Dr Rajendra Prasad was elected as the first President of India on January 24, 1950.
January 24, 1950 was the last session of the CONSTITUENT ASSEMBLY.
The Constituent Assembly continued as the provisional Parliament of India from January 26, 1950 to till the completion of first ever general elections in India. (1951-52)
There were 22 committees constituted in the CONSTITUENT ASSEMBLY
22 committees: 10 committees -procedural affairs and remaining 12 Committees were on Sustentative (Sustentative or Considerable) Affairs.
Steering Committee chairman – K M Munshi.
The Rules of procedure committee chairman – Dr Rajendra Prasad.
Drafting committee chairman – Dr. B R Ambedkar.
Union powers Committee chairman – Jawaharlal Nehru.
Committee on Union Constitution Chairman – Jawaharlal Nehru.
Provincial Constitution Committee chairman – Sardar Patel.
Committee of Fundamental Rights and Minorities head- Sardar Vallabhai Patel.
The draft was prepared by B N Rau (Advisor to the Constituent Assembly).
Drafting committee was set up on August 29, 1947 (Very Important).
The Chairman of Drafting Committee – Dr. B R Ambedkar.
The final draft was introduced in the CONSTITUENT ASSEMBLY by Dr B R Ambedkar on November 4, 1948 (1st reading).
The 3rd reading was completed on November 26, 1949.
The draft Constitution was declared adopted on November 26, 1949.
The President and the members of the Constituent Assembly signed it.
The original Constitution contained 8 schedules and 395 Articles.
Preamble was enacted after the enactment of the Constitution.
Remember “Preamble” was the last to be adopted and enacted.
Dr BR Ambedkar – The Father of the Constitution of India
DR B.R Ambedkar was the first Law Minister of the Nation from August 15, 1947 to January 26, 1950).
Constitution came into force on January 26, 1950.
Since then January 26, 1950 is celebrated as the Republic day.
In all it took 2 years 11 months and 18 days for the Constitution to get completed.
The Provisional Parliament ceased to exist on April 17, 1952. The first elected Parliament (2 houses) came into being in May, 1952.
The provisions related to Citizenship, elections, provincial Parliament, temporary and transitional provisions were given immediate effect. (November 26, 1949).
The rest of the Constitution came into force on January 26, 1950.