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RAYAT COLLEGE OF LAW, ROPAR

PROJECT OF HUMAN RIGHTS AND INTERNATIONAL LAW

TOPICS: Convention of Right of Child

Mid-Day Meal Scheme

Constituent Assembly of India

SUBMITTED TO: SUBMITTED BY:

MRS.PARVEEN MAM AMAN KUMAR

9TH SEMESTER

UNIVERSITY ROLL NO.

13306
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ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to

my teacher Mrs. Parveen, who gave me the golden

opportunity to do this wonderful project on the topic

“Convention of Right of Child, Mid-Day Meal Scheme,

Constituent Assembly of India” which also helped me in

doing a lot of Research and I came to know about so

many new things I am really thankful to her.

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DECLARATION

I hereby declare that the project work entitled “Convention of

Right of Child, Mid-Day Meal Scheme, Constituent Assembly of

India” submitted to the Rayat College of, is a record of an

original work done by me under the guidance of Mrs. Parveen,

professor of Human Rights and International Law, and this

project work is submitted in the partial fulfilment of the

requirements for the award of the degree of law. The results

embodied in this thesis have not been submitted to any other

University or Institute for the award of any degree or diploma.

(SIGNATURE)

AMAN KUMAR

Date: 15th OCTOBER, 2019

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Table of Contents

 Introduction 5
 What Does the Convention on the Rights of the Child Say? 5
 Key provisions 6
 Contents 7
 States party and signatories 8
 Children Rights under the Constitution 8
 The Child Labour (Prohibition and Regulation) Act, 1986 9
 Optional Protocols to the Convention on the Rights of the Child 10
 Mid-Day Meal Scheme
11
 MDMS and its Origin in India
12
 Major Objectives of MDMS
13
 Institutional Mechanism for Managing the MDMS
14
 MDMS under the Right to Information Act
14
 Physical Infrastructure for MDMS
14
 The Controversy between the Centres vs. the States
15
 The Constituent Assembly of India
15
 Fact File
16
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 Framing the Indian Constitution

16
 Constituent Assembly
16
 Objectives Resolution
17
 Drafting Committee
17
 Consultations
17
 Significance of January 26
18
 Criticism of the Constituent Assembly
18
 Conclusion
19
 Bibliography
19
 Webliography

19

The Convention on the Rights of the Child

Introduction:

UNICEF is guided by the Convention on the Rights of the Child and strives to establish
child rights as enduring ethical principles and international standards of behaviours towards
children. The Convention is the human rights treaty that came most rapidly into force.
Ratified by 187 countries as of 15 April 1996, it is close to being the first such convention to
achieve universal ratification. The Convention on the Rights of the Child is adopted
unanimously by the UN General Assembly on November 20, 1989.1

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https://rightsofthechild.org
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Its 54 articles describe the economic, social and cultural rights of the children. The
Convention on the Rights of the Child is the text in relation to human rights which has been
the most rapidly adopted. This text becomes an international treaty and enters in force on
September 2, 1990, after being ratified by 20 states. The Organization for African Unity
adopts the African Charter for the Rights and Welfare of the Child on July 11, 1990. The
Worst Forms of Child Labour Convention is adopted on June 17, 1999. In May 2000, the
optional protocol to the International Charter of the Child Rights regarding the participation
of children in armed conflicts is ratified. It entered into force in 2002. This text prohibits
minors taking part in armed conflicts.

As of today, the International Charter of the Child Rights has been signed by 190 states of
192, even though there are a few reservations concerning certain parts of the text. Only the
US and Somalia have signed but not ratified.

WHOSE IDEA WAS IT?

In fact, the world's very first declaration on child rights was written by Save the Children
founder, Eglantyne Jebb, in 1923.

What Does the Convention on the Rights of the Child Say?2

The UNCRC defines the child as a person less than 18 years of age. It acknowledges the
primary role of parents and the family in the care and protection of children, as well as the
obligation of the State to help them carry out these duties.

The UN Convention consists of 54 articles, each of which details a different type of right.
These rights are not ranked in order of importance; instead they interact with one another to
form one integrated set of rights. A common approach is to group these articles together
under the following themes:

1. Survival rights: include the child’s right to life and the needs that are most basic to
existence, such as nutrition, shelter, an adequate living standard, and access to
medical services.
2. Development rights: include the right to education, play, leisure, cultural activities,
and access to information, and freedom of thought, conscience and religion.
3. Protection rights: ensure children are safeguarded against all forms of abuse,
neglect and exploitation, including special care for refugee children; safeguards for
children in the criminal justice system; protection for children in employment;
protection and rehabilitation for children who have suffered exploitation or abuse of
any kind.
4. Participation rights: encompass children's freedom to express opinions, to have a
say in matters affecting their own lives, to join associations and to assemble
peacefully. As their capacities develop, children should have increasing opportunity
to participate in the activities of society, in preparation for adulthood.

2
https://en.wikipedia.org
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The UN Convention includes four articles that are given special emphasis. These are also
known as ‘general principles’. These rights are the bedrock for securing the additional rights
in the UN Convention.

a. That all the rights guaranteed by the UNCRC must be available to all children
without discrimination of any kind (Article 2);
b. That the best interests of the child must be a primary consideration in all actions
concerning children (Article 3);
c. That every child has the right to life, survival and development (Article 6); and
d. That the child’s view must be considered and taken into account in all matters
affecting him or her (Article 12)

Key provisions are:3

Non-discrimination

 Article 2 requires countries to apply the Convention to each child without

discrimination of any kind.

Survival and development

 Article 6 affirms that every child has the inherent right to life, and calls on countries
to ensure children's survival and development.

Freedom of thought, conscience and religion

 Article 14 guarantees children the right to freedom of thought, conscience and

religion.

Abuse and neglect

 Article 19 requires the protection of children from all forms of violence, injury,
abuse, neglect, maltreatment or exploitation, including sexual abuse.

Health and nutrition

 Article 24 stipulates that children have the right to the highest standard of health care
and nutrition available.

Standard of living

 Article 27 calls on counties to recognize the right of every child to a standard of

living adequate for physical, mental, spiritual, moral and social development.

Child labour

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https://rightsofthechild.org
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 Article 32 requires that children be protected from work that is exploitative,

hazardous or interferes with their education.

Sexual exploitation

 Article 34 mandates that children be protected from all forms of sexual exploitation
and abuse, particularly prostitution and pornography.

Armed conflicts

 Article 38 provides that States take all feasible measures to ensure the protection and
care of children affected by armed conflict.

Contents:4

The Convention deals with the child-specific needs and rights. It requires that the "nations
that ratify this convention are bound to it by international law". Ratifying states must act in
the best interests of the child. In all jurisdictions implementing the Convention requires
compliance with child custody and guardianship laws as that every child has basic rights,
including the right to life, to their own name and identity, to be raised by their parents within
a family or cultural grouping, and to have a relationship with both parents, even if they are
separated.

The Convention obliges states to allow parents to exercise their parental responsibilities. The
Convention also acknowledges that children have the right to express their opinions and to
have those opinions heard and acted upon when appropriate, to be protected from abuse or
exploitation, and to have their privacy protected, and it requires that their lives not be subject
to excessive interference.

The Convention also obliges signatory states to provide separate legal representation for a
child in any judicial dispute concerning their care and asks that the child's viewpoint be
heard in such cases. The Convention forbids capital punishment for children. In its General
Comment 8 (2006) the Committee on the Rights of the Child stated that there was an
"obligation of all state parties to move quickly to prohibit and eliminate all corporal
punishment and all other cruel or degrading forms of punishment of children”. Article 19 of
the Convention states that state parties must "take all appropriate legislative, administrative,
social and educational measures to protect the child from all forms of physical or mental
violence", but it makes no reference to corporal punishment. The Committee's interpretation
of this section to encompass a prohibition on corporal punishment has been rejected by
several state parties to the Convention, including Australia, Canada and the United
Kingdom.

Global standards and cultural relativism:5

4
https://www.lawteacher.net
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https://en.wikipedia.org
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Global human rights standards were challenged at the World Conference on Human Rights
in Vienna (1993) when a number of governments (prominently China, Indonesia, Malaysia
and Iran) raised serious objections to the idea of universal human rights. There are
unresolved tensions between "universalistic" and "relativistic" approaches in the
establishment of standards and strategies designed to prevent or overcome the abuse of
children's capacity to work.

Child marriage and slavery:

Some scholars link slavery and slavery-like practices for many child marriages. Child
marriage as slavery is not directly addressed by the Convention on the Rights of the Child.

States party and signatories:

Currently 196 countries are parties to the treaty (some with stated reservations or
interpretations). This includes every member of the United Nations (except the United
States), plus the Cook Islands, Niue, the State of Palestine, and the Holy See.

 Canada
 Saudi Arabia
 United Kingdom
 Newzeland
 Ireland
 Israel
 Iran
 Azerbaijan
 India

Children Rights under the Constitution:6

Article 21-A of the constitution states that “right to education-the state shall provide free and
compulsory education to all children of the age of six to fourteen years in such a manner as
the state may, by law determine.”

Article 45 Provision for early childhood care and education to children below the age of six
years-The State shall endeavour to provide early childhood care and education for all
children until they complete the age of six years.

Article 24-“prohibition of employment of children in factories,etc- No child below the age

of fourteen years shall be employed to work in any factory or mine or be engaged in any
hazardous employment”

Child labour:

Articles 23 and 24 of the constitutions determine the term “child labour”.

6
http://www.legalservicesindia.com
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The Child Labour (Prohibition and Regulation) Act, 19867

This act was enacted on 23rd December 1986 by the parliament and was enforced on 26th
may 1993 by the central government. The act was ineffective for over 8 years due to the
inactiveness of the state and central government. The object of the act is

1. Ban on the employment of children i.e., those who haven’t completed their
fourteenth year, in specified occupations;
2. lay down a procedure to decide modifications to the schedule of banned occupation
and processes;
3. Regulate the conditions of work of children in employment where they are not
prohibited from working;
4. Lay down enhanced penalties for employment of children in violation of the
provisions of this act, and other acts which forbid the employment of the children;
5. To obtain uniformity in the definition of “child” in the related laws

The intention of this act was to ban the engagements of child labour in certain employments
and to regulate in areas where it has not been prohibited. It provides power to the
government to make rules with reference to health and safety wherever the employments of
children are permitted. Night work for children is prohibited. The hours of work for the
children are also to be considered by the state and the central governments.

The act enables the governments to appoint inspectors to enforce the provisions of the act
and it has also provided stringent penalties including imprisonment for violations of the
provisions of the act.

Any occupation which may be connected with transport of passengers, goods and mails,
cinder packing, construction of railways, selling of fire crackers etc….may be included as
child labour activities. Process may include bidi-making, carpet weaving; cement
manufacture, cloth printing, weaving, dyeing, manufacture of matches, explosives etc. will
fall under the category of child labour.

India ratified UNCRC on 11 December 1992, agreeing in principles all articles except with
certain reservations on issues relating to child labor. In India there is law that children under
the age of 18 should not work, but there is no outright ban on child labor, and the practice is
generally permitted in most industries except those deemed "hazardous". Although a law in
October 2006 banned child labor in hotels, restaurants, and as domestic servants, there
continues to be high demand for children as hired help in the home. Current estimates as to
the number of child laborers in the country range from the government's conservative
estimate of 4 million children fewer than 14 years of age.

Optional Protocols to the Convention on the Rights of the Child8

7
http://www.legalservicesindia.com
8
https://www.cypcs.org.
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2010 marked the 20th anniversary of the entry into force of the Convention on the Rights of
the Child (CRC) and the 10th anniversary of the adoption of its two Optional Protocols,
respectively on the Sale of Children, Child Prostitution and Child Pornography (OPSC) and
on the Involvement of Children in Armed Conflict (OPAC). The ratification and
implementation of these treaties lay the foundation for the safeguard of children’s rights and
their effective protection from violence, abuse and exploitation.

In 2010 a global campaign was launched to promote the universal ratification of the
Optional Protocols. The campaign was designed to mobilize the widest political and social
support to children’s protection.

The OPSC reinforces the provisions of the Convention on the Rights of the Child from
sexual exploitation. The global campaign has helped to raise awareness of States Parties
obligation to protect all children below the age of 18 from all forms of sexual exploitation,
to criminalize all acts of sale of children, child prostitution and child pornography and to
ensure the rights of child victims and witnesses. A child who has been sexually exploited
should be treated as a victim rather than a criminal, irrespective of the legal age of sexual
consent.

The OPSC calls for the adoption and effective implementation of national legislation in
conformity with its provisions, including to:

a. Criminalize the sale of children, child prostitution and child pornography.

b. Establish extra-territorial jurisdiction and abolish the double criminality requirement
with respect to offenses covered by the OPSC.
c. Ensure that offences covered by the OPSC are made extraditable.
d. Ensure the liability of legal persons.
e. Protect the rights and interests of child victims and witnesses at all stages of the
criminal justice process, including their privacy and safety, taking into consideration
their views, needs and concerns.
f. Safeguard children’s rights, best interests and participation in relevant decisions and
proceedings and ensure the rights of child victims to appropriate assistance,
including their right to recovery, reintegration and compensation.
g. Strengthen the capacity of professionals working with and for children to prevent and
address the offenses covered by the OPSC.
h. Raise awareness among the public at large, including children, through information,
education and training about preventive measures and harmful effects of the offences
referred to in the OPSC.
i. Promote cross-border and international cooperation and mutual assistance for the
implementation of the OPSC.
j. Promote respect for States Parties’ reporting obligations to the Committee on the
Rights of the Child and relevant follow up to the Committees’ concluding
observations and to recommendations of children’s rights mandate holders.
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The Global Campaign for the universal ratification of the Optional Protocols was launched
by the SRSG on Violence against Children, in cooperation with UNICEF, the OHCHR, and
the Committee on the Rights of the Child, the SRSG for Children in Armed Conflict and the
Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography. It is
promoted in collaboration with Members States, other UN agencies and offices,
international organizations and NGOs at the global, regional and national levels.9

Mid-Day Meal Scheme

Mid-Day Meals Scheme (MDMS) has been discussed thoroughly with various empirical
evidences. After the famous Integrated Child Development Services (ICDS), the State in
India, realizing the various issues related to children, yet another famous MDMS has been
initiated for the age group of children under fourteen as major food intervention programme.
Since, nearly half of all Indian children are undernourished, the Scheme is intended to
protect the right to food of the children while emphasizing the other aspects like right to
education, right to growth and development, etc. Simultaneously, it has been argued that the
hunger and malnutrition are major hindrance for children to develop and therefore the
relationship between educational development and nutritional status of the children are
highlighted while introducing the scheme.10

The MDMS was introduced primarily to protect the nutritional as well as the educational
rights of the children. This is due to the fact that children are not able to concentrate in their
studies with empty stomach and there is a need to focus upon the MDMS, to overcome
child’s short term hunger. Thus, initiating this kind of meal programme, Government of
India aimed at helping the children especially belong to the poor socio-economic
background to attend school and to have at least MDM through which their education as
well as food related issues could be tackled.

MDMS and its Origin in India11

In India, however, the history of MDMS goes back to the much before the initiation that has
come from the United Kingdom in 1945. In fact this kind of programme was introduced, in
India, way back in 1925 in the erstwhile Madras Presidency, presently Tamil Nadu where
the meal was provided to poor children. Interestingly, the food was distributed in the form of
snacks to the children who attended the schools in rural areas so that they will not go with
hungry. It has been stated, in Tamil Nadu, the scheme worked efficiently in rural areas in the
age group of seven to nine-year old. The food was distributed without any gender
discrimination and it was well targeted among the needy households.
9
https://rightsofthechild.org
10
http://vikaspedia.in
11
http://www.indiaenvironmentportal.org.in
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In Eastern India, the Keshav Academy of Calcutta introduced compulsory tiffin (a kind of
snacks) item for the boys on payment basis in 1928. Though the scheme excluded the girl
children still it could able to cover a major segment of boys. Consequently, in the state of
Kerala similar kind of programme was started in 1941 providing meals to the school-going
children. This was followed by Bombay in 1942, Bangalore in 1943, and Uttar Pradesh in
1953, and Orissa in 1962.Since 1950, food in some form or the other was distributed to the
children in few states. In the year 1950 many Indian states started MDMS with the
assistance from different international donor agencies like: the UNICEF, FAO, CARE,
WHO, etc. The CARE has supported in particular the MDMS in many states in India from
1950 to early 1980. With the assistance from international co-operation, the Indian
government introduced the MDMS for the age group of 6-11 in 1962-63 where food was
provided to the children for 200 days in an academic year with an input of 300 calories and
8-12 grams of protein per child per day.

However, the MDMS received full attention only in the year 1995 and it was initiated
widely and in full-fledged manner all over the country with maximizing enrolments and
reducing drop outs in the age group 6-11 years of children with paramount importance on
the nutrition aspect of the programme.

School Meal Programme in Indian States

State Food Supplement Year of Starting

Tamil Nadu Cooked Meal 1957
Kerala Corn Soya Meal 1961
Uttar Pradesh Corn Soya meal/wheat 1962
Andhra Pradesh Corn Soya meal 1962
Karnataka Corn Soya meal 1964
Bihar Balahar/corn Soya meal 1965
Orissa Balahar/ Biscuit/ Milk 1962

After November 28, 2001, in its historic judgment the Supreme Court of India in the right
to food case directed all states to provide cooked meals to all primary school children.11
Thus, the MDMS have become a part of the daily routine across the country providing 120
million school children in their respective schools.

Major Objectives of MDMS12

The MDMS was started with two major objectives: firstly to enhance the child’s nutrition
level secondly to provide the basic education. Thus the MDMS was introduced basically to
improve the overall development of the primary school children’s education. Therefore, it
has varied objectives like:

 To increase the nutritional level of the school going children

 To enhance the educational attainment of the children
 To retain the children in the school for a long period of time
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http://vikaspedia.in
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 To develop the process of socialization, etc.

As a result, the Government of India revised the guidelines for the MDMS in 2004 and later
on in 2006. Therefore, the MDMS is being fully implemented in 20 states and 7 Union
Territories and partially in eight states.

Implementing Agencies of MDMS

There are well defined implementing agencies at the national, state, district and village
levels with properly defined procedures to implement the programme. The revised NP-
NSPE scheme, 2006 mentioned a four tier institutional mechanism for programme
management, through the constitution of Steering-cum- Monitoring Committee at the
national, state, district and block levels which is discussed later. Power has been distributed
among the different branches of the government to overcome the confusion and overlapping.
It is due to the priority needed for the protection of the children.

However, to fulfil the main objectives and desired goals of MDMS, various agencies of the
government both at the Centre as well as at the states are involved. In general, the concerned
implementing agencies, i.e. governments at the state level and local bodies, play significant
role as the duty bearers for the MDMS. There are many agencies like Food Corporation of
India (FCI), the Department of Food and Civil Supplies, Department of Education,
Department of Women and Child Welfare, Department of Health and Family Welfare,
Department of Social Welfare at the state level and Ministry of Food and Public Distribution
and Department of Human Resource Development at the national level, etc. are involved for
the smooth implementation of the MDMS.

Availability of facilities for preparation and distribution of cooked food is the main
responsibility of the state governments. It also maintains the attendance figure of the
students of classes I to V both school wise as well as district wise. It maintains monthly
statement certifying the quantity of food grains lifted from FCI go downs, for payment to
FCI and the quantity transported to schools/villages for reimbursement of transportation cost
to DRDAs (District Rural Development Agencies)/Nagarpalikas. Simultaneously, the
respective state governments also accountable for the details of expenditure like
remuneration for cooks/ helpers, expenditure for construction of kitchen shed, etc.

Institutional Mechanism for Managing the MDMS13

The National Programme of Nutritional Support to Primary Education (NPNSPE) or MDMS

has been managed by a four-tire institutional mechanism at the national, state, and district
levels. Thus these management structures were followed for the NP-NSPE (2006) at the
national, state, district and local levels. They are as follows:

Institutional Mechanism for MDMS:

Level of Agencies responsible

Responsibility
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https://mhrd.gov.in/mid-day-meal
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National Level National Level Steering Cum Monitoring Committee (NSMC), and
Programme Approval Board (PAB)
State Level State Level Steering cum Monitoring Committee and Nodal
Agency
District Level District Collector/District Nodal Agency
Village Level Gram Panchayat/Municipality
School Level VEC, SMDC, PTA, MTA

MDMS under the Right to Information Act:

In order to ensure that there is transparency and accountability in MDMS, all schools centres
where the programme is being implemented are to display information suo-moto. This
provision is due to avoid growing corruption in MDMS. This includes information on:

 Quality of food grains received, date of receipt.

 Quantity of food grains utilized.
 Other ingredients purchased, utilized
 Number of children given MDM
 Daily Menu
 Roster of community members involved in the programme.

Physical Infrastructure for MDMS:

To provide physical infrastructure, according to MDM guidelines of 2006, lies with the state
governments. The cost of physical infrastructures like kitchen cum storage, water supply for
drinking and washing, cooking devices, utensils for cooking and serving are decided to be
borne by the state governments through convergence with other development programmes.
These includes like Sampoorna Gramin Rogjar Yojana (SGRY), Basics Services for Urban
Poor (BSUP), Urban Wage Employment Programme (UWEP) for the construction of
kitchen cum stores. Accelerated Rural Water Supply Programme (ARWSP) and Swajaldhara
schemes are to meet water supply requirements, etc. Finally, the costs of utensils are to be
bought from the annual Sarva Siksha Abhiyan school grants of Rs. 2000.

The Controversy between the Centres vs. the States14

Even though the MDMS is a central sponsored scheme, the states are bearing the major cost
of its implementation that resulted in stiff resistance from the states.60 The MDMS happens
to be one of the most states resisted central schemes in India. The state governments’ budget
bears testimony to the fact that plan expenditure at the onset of every Five Year Plans adds
new schemes in large number. While the intention of the states is to rapidly and
simultaneously develop all sectors of productive capacity, the presence of number of central
government schemes in a limited plan budget led to an overlapping of duties and
responsibilities, unnecessary confusion and importantly financial burdens. Many new
schemes become nonstarters due to inadequate funding which further led to non-
14
www.indiaenvironmentportal.org
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implementation problem. As a result, states choose to resort to borrowing with higher

interest rate in order to meet the resources crunch to put the money for development works.
Following the principle prevention is better than cure; most of the states try their best not to
implement the central sponsored schemes than lagging behind.
Another reason for the non-implementation of the central schemes, it is concluded from
different empirical studies throughout the country, is because of regional variations in the
country. This indicates that all the states are not equal in terms of geography, financial
matters, level of development and kind of policy formulations and level of its people’s
literacy, awareness and participation. The strained relation between the Central Government
and the state governments is also significant as because most of the food related policies are
shaped at the central level, by central policy makers. The policy makers at centre, are less
concerned with the local conditions and less aware of the practical and political difficulties
at the local level which emanates from such policies.

The Constituent Assembly of India

Our Constitution:

The Constitution of India came into effect on January 26th 1950, which India became a
Sovereign Democratic Republic. Constitution is a comprehensive document containing the
set of rules according to which the government of a country runs. It regulates the position
and powers of the three organs of the government-the legislative, the executive and the
judiciary; the executive and the judiciary; and states special importance as it moderates
relations between the government and the governed. Further, it protects the interests of the
citizens by restraining the government from taking arbitrary decisions. The aim of a
Constitution of a nation is to ensure smooth governance for the welfare of its citizens. The
principles of the Constitution distinguish a constitutional or democratic government from
that of a absolute monarchy or a dictatorship.15

Fact File:

1. Constituent Assembly elected July, 1946

2. First Session Dec. 9, 1946
3. Objectives Resolution -Proposed Dec. 13, 1946, Passed Jan. 22, 1947
4. Drafting Committee Set up Aug. 29, 1947
5. First Draft completed Feb. 1948
6. First Reading Nov. 1948
7. Second Reading Oct. 17, 1949
8. Third Reading Nov. 14, 1949
9. Constitution passed and adopted Nov. 26, 1949
15
M.P.Jain, Indian Constitutional Law (Kamal Law House, Calcutta, 5th
Edn. 1998).
 P a g e | 17

10. Effective on Jan. 26, 1950

11. Constituent Assembly Members Undivided India 385 India by itself 299
12. At the time of Commencement Articles 395 Schedules 8

Framing the Indian Constitution:16

We have studied in the Freedom Movement of India that the Cabinet Mission of India that
the Cabinet Mission arrived in India in 1946 and put forward a set of proposals to meet the
demands of the Freedom Fighters. One of these proposals involved setting up of a
Constituent Assembly whose members were to be elected indirectly by the Provincial
Legislative Assemblies (Lower House only).

Elections to the Provincial Assembly were held in July 1946. The Princely States were
represented by the members nominated by the rulers of these States. The Constituent
Assembly of undivided India consisted of 385 members (292 elected and 93 nominated by
the Princely states). The Constitution of India was framed by the Constituent Assembly.

Constituent Assembly:17

The first sitting of the Constituent Assembly was held on December 9, 1946. It was held at
the present Central Hall of the Parliament and was presided over by Dr. Sachidananda Sinha.
The oldest sitting member of the Central Assembly. On December 11, 1946 Dr. Rajendra
Prasad was elected permanent chairman of the Constituent Assembly.

The Muslim League boycotted the Constituent Assembly to demand the creation of a
separate State called Pakistan. Consequently the members representing the territories which
went to Pakistan withdrew from the went to Pakistan withdrew from the Constituent
Assembly of India. As a result, the membership of the Constituent Assembly of India stood
at members. Of these, 284 were actually present on Nov.26, 1949, and appended their
signatures to the Constitution as finally passed. Dr. Rajendra Prasad continued to be the
permanent chairman of the Constituent Assembly of India. Between December 9, 1946 and
August 14, 1947 the Assembly held five sessions.

Objectives Resolution:18

When the Constituent Assembly started the work of drafting the Constitution, Pt. Jawaharlal
Nehru proposed the 'Objectives Resolution' on December 13, 1946. The 'Resolution'
highlighted the objectives and laid down the 'national goals'.

The Resolution proposed:

 Free India will be nothing but a 'republic'.

 The ideals of social, political and economic democracy would be guaranteed to all
people.

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https://www.toppr.com
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https://www.jagranjosh.com
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https://www.indiastudychannel.com
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 The republic would grant Fundamental Rights to citizens.

 The state would safeguard the rights of minorities and backward classes.
 The 'Objectives Resolution' was passed by the Constituent Assembly on, January 22.
1947.

Drafting Committee:

The Indian Independence Act, 1947, by which two independent states of India and Pakistan
were created, recognized the existence of the Constituent Assembly of India. This legal
sanction enabled the Constituent Assembly to function after India's independence. The
Assembly became a sovereign body. To carry on its work it appointed eight committees. The
Drafting Committee, under the Chairmanship of Dr. B.R. Ambedkar was set up on August
29, 1947 and was entrusted with the task of drafting the Constitution. Important members of
the committee included N. Gopalaswami Ayyangar, T.T.Krishnamachari, Alladi
Krishnaswami Ayyar, Dr. K.M. Munshi and Syed Mohammad Saadullah.19

Consultations:

Besides these members, the Drafting Committee was assisted by Mr. B.N. Rao, Secretary to
the Constituent Assembly. Mr. Rao visited and studied the Constitutions of many countries
such as Ireland, Germany, and the countries such as Ireland, Germany, the USA, Canada,
and Australia. The Drafting Committee also studied the various Acts and conventions
followed by the British Parliament. (Britain does not have a written Constitution). Many of
the good points of the Constitutions of these countries were incorporated in the draft.

The draft was ready by February, 1948. In order to seek wide ranging consultations it was
published in all the leading newspapers of the country. This also enabled the Drafting
Committee to elicit public opinion.

Readings:

The Draft was discussed by the Constituent Assembly, clause by clause, since November 4,
1948. Thereafter, the draft underwent second Reading which was completed on October 17,
1949. It was followed by the third and the final Reading which were completed on
November 26, 1949. It took two the Constituent Assembly to finally pass the Constitution.
At the time of its signing, the Constitution consisted of 395 Articles and Eight Schedules.

Significance of January 26:20

The date January 26, 1950 for commencement of the Constitution was specially selected
because of its historical importance. It was on this date, January 26. In 1929 that the Lahore
Session of the Indian National Congress had for the first time given the call of Purna Swaraj
or Complete Independence. Since then the day was celebrated as Independence Day up to
1947.

19
https://en.wikipedia.org
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Criticism of the Constituent Assembly:21

The grounds on which the Constituent Assembly was criticized were as follows:

Not a Popular body: Critics argued that the members of the Constituent Assembly
were not directly elected by the people of India. The Preamble says that the
Constitution has been adopted by the people of India, whereas it was adopted by only
few individuals who were not even elected by the people.
Not a Sovereign body: The critics stated that the Constituent Assembly was not a
sovereign body as it was not created by the people of India. It was created by the
proposals of the British rulers by executive action before India’s independence and
its composition was determined by them.
Time consuming: The critics maintained that the time taken to prepare the
Constitution was too much in comparison to other nations. The framers of the US
Constitution took only four months to prepare the Constitution.
Dominated by Congress: The critics continued to argue that the Congress in the
Constituent Assembly was quite dominating and imposed its thinking on the people
of the country through the Constitution drafted by it.
Dominated by one community: According to some critics, the Constituent
Assembly lacked religious heterogeneity and was dominated by the Hindus.
Dominated by Lawyers: Critics also argued that the Constitution became bulky and
cumbersome due to dominance of lawyers in the Constituent Assembly.

They have made the language of the Constitution difficult for a layman to understand. The
other sections of the society couldn't voice their concerns and were unable to participate in
the decision making process during the time of drafting of the Constitution.

Therefore, the Constituent Assembly became the Provisional Parliament of India and
significantly contributed to the drafting of the historic Constitution of India and later helped
to construct the Indian political system.

Conclusion:

Article 15 of the Convention grants children the right to assemble and protest peaceably.
This is clearly a political right that is being granted and in conjunction with Article 12, a
concerted effort to safeguard the participation of children not only in matters that affect them
individually, but also at a wider political level. Democratic societies are always enhanced
when the rights of the democracy are extended to cover a greater proportion of the people
living in the society. From the extension of rights to ever more classes, to the lowest socio-
economic groups, to former slaves, to women, all have resulted in greater freedom and
justice for all. A genuine attempt to extend as much as is possible to children will have a

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similar effect. If the States Party’s really do go beyond lip service, and genuinely promote
the Article 12 right of children to participate in all decision making processes that have a
significant impact on them, the democracy and justice of our societies will be greatly
enhanced. The drafting of the Constitution is now considered a monumental feat of
democracy for which the members deserve immense respect. These individuals, despite
being a multicultural set of people from various communities, were collectively committed
to achieving the historic task of establishing a democratic republic in India. Today, as we
have entered the 70th year of our independence, our Constitution still stands as a shining
beacon of democratic governance. It is because of the members of the constituent assembly
that our flag flutters proudly over the Parliament in Delhi.

Bibliography

 M.P.Jain, Indian Constitutional Law

Webliography

1) https://en.wikipedia.org
2) https://rightsofthechild.org
3) https://www.lawteacher.ne
4) https://www.cypcs.org
5) http://www.indiaenvironmentportal.org.in
6) https://mhrd.gov.in/mid-day-meal
7) http://vikaspedia.in
8) http://www.legalservicesindia.com
9) https://www.jagranjosh.com
10) https://www.indiastudychannel.com
11) https://www.toppr.com
12) http://logos.nationalinterest.in