Constituent Assembly

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

[Advocate]

 

Constituent Assembly:

TANMOY MUKHERJEE

ADVOCATE

 

 

The Constituent Assembly of India was a body of representatives formed to draft Constitution of India. It played a pivotal role in framing the foundation of independent India’s democratic governance.

• Formation of Constituent Assembly:

• Proposed by-

The Cabinet Mission Plan (1946) of British Government.

• Objective-

To frame the Constitution of India for Post-Independence.

• Date of Establishment-

6^th December, 1946.

The assembly was not a directly elected body. Members were chosen by indirect election by the provincial Legislative Assemblies through a system of proportional representation.

• Composition:

• Before Partition-

Total members-389

• 292 from British Indian Provinces.
• 93 from State.
• 4 from Chief Commissioner Provinces.

• After Partition-

Members from Pakistan withdrew.

• Final strength –

299.

• Representation –

Members were elected based on communal representation (e.g. - Hindu, Muslim, and Sikh). Seats were allocated based on population.

Personalities-

Position	Name
President	Dr. Rajendra Prasad
Vice President	H.C Mukherjee
Drafting Committee Chairman	Dr. B.R Ambedkar
Constitutional Advisor	B.N Rau

• Sessions-

• Total sitting- 11 sessions over 2 years 11 months 18 days.
• Total meetings- 165 days.
• Open to public and widely reported to the press.

• Committees-

There were 22 committees form.

Committee	Chairman
Drafting Committee	Dr. B.R Ambedkar
Union Powers committee	Jawaharlal Nehru
Union Constitutional Committee	Jawaharlal Nehru
Provincial Constitutional Committee	Sardar Vallabhbhai Patel
Advisory Committee on Fundamental Rights and Minorities	Sardar Vallabhbhai Patel
Fundamental Rights Sub Committee	J.B Kripalini
Minorities Sub Committee	H.C Mookherjee
North East Frontier (Assam) Tribal Areas Sub Committee	Gopinath Bardoloy
Excluded and Partially Excluded Areas (Other than Assam)	A.V Thakkar
Steering Committee	Dr. Rajendra Prasad
Rules of Procedure Committee	Dr. Rajendra Prasad
States Committee	Jawaharlal Nehru
Finance Committee	Dr. Rajendra Prasad
Credential Committee	Alladi Krishnaswami Ayyar
House Committee	B. Pattabhi Sitaramayya
Business Committee	K.M Munshi
National Flag Committee	Dr. Rajendra Prasad
Committee on Supreme Court	S. Varadachariar
Language Committee	Moturi Satyanarayana
Committee on Chief Commissioners Province	B. Pattabhi Sitaramayya
Expert Committee on Financial Province	Nalini Ranjan Sarkar
Committee on Functions of Constituent Assembly	G. V Mavalankar

 

• Importance of Constituent Assembly :

1. Its primary and most important role was to draft and adopt the Constitution, which became the Supreme Law of India.
2. Constitution laid down the structure of Government, fundamental rights and duties and legal framework of the country.
3. The assembly gave India a sovereign, democratic and republican form of govt.
4. It ensures universal adult suffrage.
5. Introduce the idea of representative democracy through election.
6. The assembly defined the division of powers between the Central and the State.
7. The Constitution included Directive Principle of the State Policy to promote economic and social justice.
8. Provisions were made for the betterment of schedule tribes, schedule castes, women and minorities.
9. The respected cultural, linguistic and regional diversity.
10. Adopted many modern legal principles.
11. The debates, procedures and committee system of the assembly became a model of India’s Parliamentary system.
12. It ensures a peaceful and orderly transition from colonial rule to sovereign governance.
13. The Constituent Assembly debates are still used by the Supreme Court to interpret the Constitution.
14. The assembly chooses to make India a secular state, where the state has no official religion.