Constituent Assembly and Drafting of Constitution

The idea of a constituent assembly was first proposed in 1934 by M.N. Roy. However, the
actual constituent assembly was formed in 1946 by the Cabinet Mission Plan.
After the proposal by M.N. Roy the demand was taken up by the Congress Party in 1935 as an
official demand. The British accepted this in the August offer of 1940.
Under the cabinet mission plan of 1946, elections were held for the formation of the constituent
assembly. The members of this assembly were elected indirectly i.e. by the members of the
provincial assemblies by the method of single transferable vote of proportional representation.
Constituent Assembly was formed for the purpose of writing a constitution for Independent
India.
Composition:-
Initially the number of members was 389. After partition some of the members went to Pakistan
and the numbers came down to 299. Out of this, 229 came from British Provinces and 70
nominated from Princely States. Dr. Sachidananda Sinha was the first temporary Chairman of
this Assembly. Later, Dr. Rajendra Prasad was elected as the President and the Vice President
was H.C. Mookerjee, a Christian from Bengal and former Vice-Chancellor of Calcutta
University. Jurist B.N.Rau was the Constitutional Advisor.
The Assembly met for the 1 st time in New Delhi on 9th December 1946 and its last session was
held on 24th January 1950. Muslim League did not play any role in this Assembly as it had
boycotted the meeting citing the demand for partition.
Objective Resolution: -
Enshrined the aspirations and values of the Constitution makers. Under this, the people of India
were guaranteed social, economic and political justice, equality and fundamental freedoms.
This resolution was unanimously adopted on 22.1.1947 and the Preamble to the Constitution
is based on it. On 13.12.1946, Jawaharlal Nehru moved this Resolution.
The national flag of the Union was adopted on 22.07.1947. The time taken to frame the
Constitution took 2 years 11 months and 17 days and 64 lakhs was spent in framing the
constitution. On 24.01.1950, “Jana Gana Mana” was adopted as the national anthem.
Prominent Members: -
B.R.Ambedkar – chairman of the drafting committee and the first law and justice minister of
India. B.N.Rau, Jawaharlal Nehru (First Prime Minister), Sardar Vallabhai Patel, (1 st Deputy
Prime Minnister) , Acharya Kriplani, Maulana Abul Kalam Azad,Rajendra Prasad,C.
Rajagopala Chari (Governor General of India), S.C. Bose, Asif Ali, T.T.Krishnamachari and
others.
B.R.Ambedkar was a wise constitutional expert. He had studied the Constitutions of about 60
countries. That is why he is recognized as the Father of the Constitution of India.
Female members included Sarojini Naidu, Hansa Mehta,Durgabhai Deshmukh and
Vijayalakshmi Pandit.
Drafting of Constitution: It is the lengthiest written constitution of the world which was
enforced on 26.01.1950. It’s preamble can be referred to as the preface which highlights the
entire constitution. It indicates the source from which the document derives its authority and
meaning.
Constitution lays down the fundamental political code, structure,procedures, powers and duties
of the govt. institutions and even fundamental rights, directive principles and duties of citizens
also.
Features of the Constitution:-
As it was created by the Constituent Assembly, Parliament of India cannot override it.
Features:
1) Lengthiest Constitution: it has 395 Articles and 12 Schedules.
2) Drawn from different sources: the basis of the federal scheme, Judiciary, Governors,
Emergency Powers, Public Service Commissions are from the Govt. of India Act, 1935
of British Period.
Fundamental rights are from the American Constitution., Directive Principles from the
Irish and the Cabinet form of the Government is from the British Constitution.
Also, it adopts various provisions from the Constitutions of Canada, Australia,
Germany, USSR and France.
3) Federal System and Unitary Features: Federal features and dual system of Government
i.e., the Centre and the States. The division of power between the executive, judiciary
and the legislature 3 organs of the State, Independent Judiciary and bicameralism. Thus,
it is a Federal System.
But also, it contains Unitary Features - a strong Centre, All India Services common to
the Centre and the States, appointment of Governors by the President on the advice of
the Centre.
Article 1 of the Indian Constitution clearly mentions that the India is a Union of State.
So Indian Constitution a federal system with unitary features.
4) Parliamentary form of Government: In a Parliamentary form of Government, executive
is a part of the legislature and there is collective responsibility of the Council of
Ministers to the legislature.
There exists majority party rule and the Prime Minister is the leader of the Country and
the Chief Minister is the leader in the State.
5) Parliamentary Sovereignty and Judicial Supremacy
The Indian Constitution has proper balance between these two. The Supreme Court has
the power vide Articles 13,32 and 136 to cancel any Parliamentary Law as
Unconsitutional. On the other hand, Parliament has the authority to make laws and also
amend the major portions of the Constitution.
6) Independent and integrated Judicial System :
 A single system of Judiciary prevails in India. The Supreme Court at the top, the High
Court at the State level and district and other subordinate Courts are below which are
under the supervision of the High Court.
7) Directive Principles:-
These principles of the Constitution intends to make India a welfare state. It is a moral
obligation of the State to apply these principles in making law.

8) Rigid and Flexible: A combination or a blend of rigidity and flexibility. As per Article
368, some provisions can be amended by special majority of the Parliament i.e. a 2/3 rd
majority of the members of each house present and voting and majority which is more
than 50% of the total membership.
Some other provisions can be amended with the ratification by Half of the Total States.
However, some provisions can be amended by a simple majority of the Parliament in
the manner of the ordinary legislative process but they don’t fall under the purview of
Article 368. So, the Constitution is neither rigid nor flexible.
9) Secular State: It means that all the religions get equal protection and support from the
Government and equal opportunities for all religions.
10) Single Citizenship: No State is India can discriminate against an individual of another
state. An Individual has the right to move to any part of the country or live anywhere
in the territory of India.
11) 1Universal Adult Franchise :- Every Citizen above the age of 18 Years has the right to
vote without any discrimination on the ground of the caste, race, religion, sex, literacy
etc.
12) Emergency provisions : The President is empowered to take certain steps to tackle any
extra-ordinary situation to maintain the sovereignty, unity and integrity of the nation.
According to the need, an emergency can be imposed in parts or whole of the Country.

Conclusion: The Constitution thus stands as an embodiment of democracy,

fundamental rights, decentralization of power to the lowest or to the grassroot level. It
has set up the Supreme Court to act as the guardian of the Constitution with the power
to invalidate any legislation or executive act if it violates the Constitution.