The Constitution of India was framed by a Constituent Assembly set up under the Cabinet Mission Plan of 1946. The Assembly consisted of 389 members Representing Provinces (292), states (93), the Chief Commissioner Provinces (3), and Baluchistan (1). The Assembly held its first meeting on December 9, 1946, and elected Dr Sachhidanand Sinha, the oldest member of the Assembly as the Provisional President. On December 11, 1946, the Assembly elected Dr Rajendra Prasad as its permanent Chairman and Mr. H.C. Mukherjee as the Vice-Chairman. Sir B.N. Rua was appointed as the Constitutional Advisor to the Assembly. The strength of the Assembly was reduced to 299 (229 representing the provinces and 70 representing the states) following withdrawal of the Muslim League members after the partition of the country. The Constituent Assembly appointed 22 Committees to formulate the constitution. Of these 10 Committees were concerned with procedural matters and 12 Committees were concerned with substantive matters. On the basis of the reports of these committees, a draft of the Constitution was prepared by a seven-member Drafting Committee under the Chairmanship of Dr B R Ambedkar. The draft Constitution was published in January, 1948, and people were given eight months to discuss the draft and proposes amendments. In all 7635 amendments were tabled out of which 2473 were discussed and disposed. After the draft was discussed by the people, the press, the provincial assemblies and the Constituent Assembly in the light of the suggestions received, the same was finally adopted on November 26, 1949, and was signed by the President of the Assembly. The members of the Assembly however appended their signatures to the constitution on 24 January, 1950. Thus it took the Constituent Assembly 2 years, 11 months and 18 days to complete the task.
DRAFTING COMMITTEE OF CONSTITUTENT ASSEMBLY | |
Chairman | Dr B. R. Ambedkar |
Members | 1. N. Gopalaswamy Ayyangar 2. Alladi Krishnaswami Ayyar 3. K. M. Munshi 4. Mohammed Saadullah 5. B. L. Mittar replaced by N. Madhava Rao following his resignation on health grounds. 6. Dr. D. P. Khaitan (died in 1948 and was replaced by T. T. Krishnamachari) |
CONSTITUENT ASSEMBLY OF INDIA Set up under CABINET MISSION PLAN, 1946 | |
Total Sessions | Eleven |
First Session | December 9-23, 1946 |
Eleventh Session | November 14-26, 1949 |
Special meeting to append signatures | January 24, 1950 |
Was the Constituent Assembly a Sovereign Body? The Constituent Assembly of India was not a sovereign body because it was created by the British Government under the Cabinet Mission Plan of 1946. The Assembly asserted its sovereign character by passing a resolution that it could not be dissolved except through its own resolution supported by two-third majority of the total membership of the Assembly. However after the passage of Indian Independence Act on 15 August, 1947 the Assembly assumed full sovereign character. THREE PHASES OF CONSTITUENT ASSEMBLY During its existence the Constituent Assembly passed through the following three phases. 1. As Constituent Assembly within the limitation of the Cabinet Mission Plan from 6 December 1946 to 14th August, 1947. 2. As Sovereign Constituent Assembly and Provincial Parliament from 15th August, 1947 to 26th November, 1949. 3. As Provincial Parliament from 27th November 1949 to March, 1952 when the first directly elected Parliament came into being. | |
Though the major part of the Constitution came into force on January 26, 1950, the provisions relating to citizenship, elections, provisional parliament, and temporary and transitional provisions came into force with immediate effect, viz., from November 26, 1949.
The Constitution of India was not an original document. The framers of the Constitution freely borrowed the good features of other constitutions. However, while adopting those features, they made necessary modifications for its suitability to the Indian conditions and avoided their defects.
FEATURES BORROWED FROM DIFFERENT CONSTITUTION | |
U.K. | Parliamentary System |
Rule of Law | |
Law-making Procedure | |
Single Citizenship | |
Bi-cameralism | |
U.S.A. | Preamble |
Independence of Judiciary | |
Judicial Review | |
Fundamental Rights | |
Removal of Judges of Supreme Court | |
President as Executive Head | |
Vice-President as ex-officio Chairman of Upper House | |
Canada | Federal System with a strong centre |
Division of Powers and vesting of residuary Powers with the Centre | |
Appointment of the State Governors by the Centre | |
Advisory Jurisdiction of the Supreme Court | |
Ireland | Directive Principles of State Policy |
Election of President | |
Nomination of members to Upper House | |
Weimar Constitution of Germany | Emergency Provisions |
Australia | Concurrent List |
Provision regarding trade, commerce and inter-course. | |
South Africa | Amendment of the Constitution |
Election of members of Rajya Sabha | |
France | Republican System |
Ideals of Liberty, Equality and Fraternity | |
USSR (now Russia) | Fundamental Duties |
Ideals of Justice included in the Preamble | |
Government of India Act, 1935 | Federal Scheme |
Office of the Governor | |
Powers of Federal Judiciary | |
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