Constituent Assembly of India

The Constituent Assembly is an institution specifically conceived for the creation or modification of a Constitution. The Constituent Assembly has the power to dictate or change the norms that will govern the functioning of the political and social system of a territory.

The Constituent Assembly’s objective was drafting and formulating the Constitution of India because that was the only way the self-determination concept could be implemented in India.

Historical background of the Constituent Assembly in India

1934	The idea of a Constituent Assembly for India was put forward for the first time by M.N.Roy, a pioneer of the communist movement in India.
1935	Indian National Congress first demanded a Constituent Assembly to frame the Constitution of India.
1938	J.L. Nehru declared that the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected based on Adult Franchise.
1940	First time in principle, the demand for a Constituent Assembly was accepted by the British in the August offer of 1940.
1942	Sir Stafford Cripps came to India with a draft proposal to frame an independent Constitution, which was rejected by the Muslim League.
1946	Cabinet Mission was sent to India, which rejected the idea of two Constituent assemblies. Hence, Elections were held as per the Cabinet Mission plan of 1946 to establish the Constituent Assembly.

Functions of the Constituent Assembly of India

The primary purpose of forming the Constituent Assembly of India was to draft the constitution of India. It came into existence following the submission of recommendations by the Cabinet Mission. The main functions of the Constituent Assembly are as follows:

Drafting an all-encompassing draft of the Indian constitution which promises equal and all basic rights to every citizen.
Formulating laws was an important part of the functions of the Constituent Assembly of India.
The approval of the Constituent Assembly was required before adopting the national flag of India.
The Assembly also validated and approved the National Song and the National Anthem of the country.
The Constituent Assembly was also responsible for approving India as a member of the British estate.

A. Some of the major Committees of Constituent Assembly:

1. Drafting Committee: This was the most important committee of the Constituent Assembly.

The committee was formed in August 1947 with the prime responsibility of drafting the Constitution.
Dr. B.R. Ambedkar led the Drafting Committee, there were 7 other members of this committee they were; K.M. Munshi, Gopalaswami Ayyangar, Alladi Krishnaswami Ayyar, Syed Mohammad Sadullah, N. Madhava Rau (he replaced B.L. Mitter) and T.T. Ramakrishna Chari (replaced D.P. Khaitan)
The committee published the first, second, and final draft of the Constitution, and finally after subsequent readings the committee ‘adopted, enacted, and gave to themselves the Constitution on November 26th, 1949.
The Constitution came into effect on January 26, 1950, a day celebrated annually as Republic Day. They selected this date to commemorate the declaration of Purna Swaraj on January 26, 1930.

2. Union Power Committee: Jawaharlal Nehru supervised and led this committee.
3. Union Constitution Committee: The Chairman of the Committee is Jawaharlal Nehru.
4. States Committee: This Committee was also headed by Pandit Jawaharlal Nehru.
5. Provincial Constitution Committee: This Committee was headed by Sardar Vallabhbhai Patel.
6. Advisory Committee: This was also chaired by Sardar Vallabhbhai Patel

J.B. Kripalani chaired the Sub-committee constituted for Fundamental Rights
Minorities Sub-Committee: It was headed by H.C. Mukherjee.
North East- Frontier areas and Assam Excluded and Partially Excluded Areas sub- Committee: This was headed by A.V. Thakkar.
Excluded and Partially Excluded Areas sub- Committee: This was also led by A.V. Thakkar.

7. Rules and Procedure Committee: This was led by Dr. Rajendra Prasad.
8. Steering Committee: The chairman of this Committee was Dr. Rajendra Prasad.

B. Some of the minor Committees of Constituent Assembly:

The Finance and Staff Committee was supervised by Dr. Rajendra Prasad.
Alladi Krishnaswami Ayyar supervised the Credentials Committee
Pattabhi Sitaramayya was in-charge of the House Committee
The Order of Business Committee was headed by Dr. K.M. Munshi.
Dr Rajendra Prasad was the chairman of the Ad Hoc Committee on the national flag.
G.V. Malvankar was the chairman of the Committee on functions of the Constituent assembly.
S. Varadachari chaired the Ad Hoc Committee on Supreme Court.
The Committee on Chief Commissioners Provinces was led by Pattabhi Sitaramayya.
Nalini Ranjan Sarkar supervised the Expert Committee on Financial Provisions of the Union.
The Linguistic Provinces Commission was led by S.K. Dhar.
The Special Committee appointed to examine the draft constitution was chaired by Jawaharlal Nehru.
Usha Nath Sen led the Press Gallery Committee
S. Varadachari led the Ad Hoc Committee on citizenship.

The Constituent Assembly led the way for an independent and sovereign India. They drafted the law of the land- the Constitution of India and paved the path for a successful and democratic India. It instilled hope and faith in Indian governance and acted as the beacon of light for an independent India.

Women In constitutional Assembly

Upon completion of the Constitution, 11 women members of the Constituent Assembly affixed their signatures to it.
These drafters were G Durgabai, Ammu Swaminathan, Amrit Kaur, Dakshayani Velayudhan, Hansa Mehta, Renuka Ray, Sucheta Kripalani, Purnima Banerjee, Begum Qudsiya Aizaz Rasul, Kamala Chaudhri and Annie Mascarene.
The Constituent Assembly first met on December 11, 1946 and had 169 sessions before all its members signed the document on January 24, 1950.

Significance

The Constituent Assembly, established under the Cabinet Mission Plan of 1946, drafted the Constitution.
The drafting of the Constitution is now regarded as a monumental democratic achievement for which the members deserve enormous credit.
Although originating from diverse communities, these individuals collectively dedicated themselves to the monumental task of establishing a democratic republic in India.
The decision to grant universal adult franchise was a huge risk for the Indian state, but it was also one of the most visible displays of democratic zeal.
It is because of the members of the constituent assembly that our flag flutters proudly over the Parliament in Delhi.
Debates revolved around issues until achieving decisions as unanimous as possible, while proceedings remained open to both the public and the press.

Challenges

The Muslim League took the lead in criticizing the Assembly, asserting that the Congress and Hindus predominantly dominated it.
Because of this belief and conviction, the League never enthusiastically participated in the deliberations of the Constituent Assembly and eventually withdrew.
Another challenge facing the assembly was to create a political framework that would keep the various communities and princely states happy in India and prevent Balkanisation.
To draft a constitution that would benefit the oppressed segments of society.
The fathers wanted their vision of the country to live on after their deaths to ensure democratic processes for citizens in perpetuity.
To draft a constitution that can effectively deal with communal violence. The violence resulting from the partition largely motivated this decision.
To draft a constitution capable of incorporating princely states and their various demands.