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Ch 2(Constituent Assembly)

The document provides a detailed overview of the Constituent Assembly of India, including its formation, key figures, and significant milestones in drafting the Constitution. It highlights the Assembly's objectives, criticisms, and the eventual adoption of the Constitution on November 26, 1949, with enforcement beginning on January 26, 1950. Additionally, it outlines the Assembly's functions, including the ratification of India's Commonwealth membership and the adoption of national symbols.

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0% found this document useful (0 votes)
17 views3 pages

Ch 2(Constituent Assembly)

The document provides a detailed overview of the Constituent Assembly of India, including its formation, key figures, and significant milestones in drafting the Constitution. It highlights the Assembly's objectives, criticisms, and the eventual adoption of the Constitution on November 26, 1949, with enforcement beginning on January 26, 1950. Additionally, it outlines the Assembly's functions, including the ratification of India's Commonwealth membership and the adoption of national symbols.

Uploaded by

santhiya murugan
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© © All Rights Reserved
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CHAPTER 2 (INDIAN POLITY-M.LAXMIKANT)


CONSTITUENT ASSEMBLY
Revision Notes
www.AroraIAS.com

1. FIRST DEMAND:
 1934: MN Roy (communist leader)
 Nehru: 'The Constitution of free India must be framed, without outside interference, by a
Constituent Assembly elected on the basis of adult franchise'.
2. 1940: August Offer
 British accepted demand for Constituent Assembly
3. Constituent Assembly created under the Cabinet Mission (November, 1946)
4. Partly elected, partly nominated
5. Elections indirect by provincial assemblies (themselves elected on a restricted franchise)
6. Proportional representation by means of a single transferable vote
7. Princely states to nominate their representatives
8. Strength:
 Supposed to be 389 (296 British India, 93 Princely States)
 Congress won 208
 ML won 73, but boycotted the Assembly
 Princely states initially didn’t nominate members (many joined 08 Later)
 First meeting attended by only 211 members (299 members under IIA 1947)
9. Seats allotted in proportion to population: 1 per million on average
10. Communities: General, Muslim and Sikh (women from each of these sections were
represented in the Assembly)
11. Dr. Sachchidananda Sinha elected temp president (oldest member, French practice)
12. President: Dr. Rajendra Prasad
13. VP's: C Mukherjee, VT Krishnamachari
14. Constitutional Advisor Sir BN Rau
15. Chief Draftsperson :SN Mukherjee

COMMITTEES:
 8 Major, many minor
 Major: Drafting Committee; Union Powers; Union Constitution, Provincial Constitution,
Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas;
Rules of Procedure; States Committee; Steering Committee

DRAFTING COMMITTEE:
 Most important
 Set up 29 August, 1947
 Chair: Dr. BR Ambedkar (Father of the Constitution, Chief Architect of the Constitution
Modern Manu)
 Members:
Alladi Krishnaswami Ayyar, Dr KM Munshi, Syed Mohammad Saadullah , N Madhav Rau,
TT Krishnamachari, N Gopalaswamy Ayyanagar
 (BL Mitter and DP Khaitan were replaced due to ill health)

CONSTITUENT ASSEMBLY FACTS:


 HVR Iyenagar: Secrertary to constituent Assembly
 Prem Bihari Narain Raizada: Calligrapher
 VK Vaidya: Hindi Calligrapher
 Symbol: Elephant
 Artists like BR Sinha, Nand Lal Bose, etc. illuminated the original constitution

ENACTMENT & ENFORCEMENT:


 On November 26, 1949, Constitution adopted:
A Preamble, 395 Articles, 8 Schedules

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 A major part of the Constitution enforced on 26 January, 1950


 December 1929: Lahore Session of INC, Decision to celebrate 26 Jan 1930 as
Independence Day; demand for Poorna Swaraj formalised

STATUS OF THE ASSEMBLY:


 The Indian Independence Act of 1947 made the Assembly
 A fully sovereign body o
 Free to frame any constitution o
 A legislative (chaired by Gv Mavlankar)
 Muslim League withdrew, Princely States slowly joined
 11 sessions over 3 years

OTHER FUNCTIONS:
 Ratified India's membership of the Commonwealth
 Adopted the National flag, national anthem and national song
 Elected Rajendra Prasad as the first President of ta

OBJECTIVES RESOLUTION:
 Moved on 3 December1946, by Jawaharlal Nehru
 Outlines the “fundamentals and philosophy of the constitutional structure”
 India an Independent Sovereign Republic
 Constituent Assembly to draw the Constitution for fubure governance of India
 India shall be a Union of territories
 Territories will be autonomous units with powers and functions of governance and
administration, except for the powers assigned to the Union (Laid down federal principle)
 All power derived from the people- Democratic principle o
 All people of India will be guaranteed
 justice, social, economic and political
 Equality of status of opportunity and before the law
 Freedom of thoughts, expression, belief, faith, worship, vocation, association and
action
 Subject to law and public morality
 Safeguards for minorities, backward and tribal areas and depressed and other backward
classes
 Constitution will maintain integrity of territory of the Republic, and its sovereign rights
 Promote world peace and welfare of (hu)mankind
 Jan 22 1947: resolution unanimously adopted
 Its modified version forms the Preamble of the constitution

CRITICISM OF THE ASSEMBLY:


 Not representative: no direct elections
 Not sovereign: created by the British Government
 Took too much time to frame the Constitution (American constitution: 4 months)
 Some sections had disproportionate representation: Congress, Lawyer-politicians;
Hindus(they dominated it)
 CA a provisional Parliament till 17 th April, 1952
 1st elected Parliament: May 1952

PYQ’s:

1. 2017 PRELIMS 62. In the context of Indian history, the principle of Dyarchy (diarchy)' refers to
(a) Division of the central legislature into two houses.
(b) Introduction of double government i.e., Central and State governments
(c) Having two sets of rulers; one in London and another in Delhi
(d) Division of the subjects delegated to the provinces into two categories.

2. 2016 PRELIMS 64. The Montague-Chelmsford Proposals were related to

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(a) social reforms (b) educational reforms


(c) reforms in police administration (d) constitutional reforms

3. 2015 PRELIMS 28. The Government of India Act of 1919 clearly defined
(a) the separation of power between the judiciary and the legislature
(b) the jurisdiction of the central and provincial governments
(c) the powers of the Secretary of State and the Viceroy
(d) None of the above for India

4. 2014 PRELIMS 82. The 1929 Session of Indian National Congress is of significance in the history
of the Freedom Movement because the
(a) attainment of Self-Government was declared as the objective of the Congress
(b) attainment of Poorna Swaraj was adopted as the goal of the Congress
(c) Non-Cooperation Movement was launched
(d) decision to participate in the Round Table Conference in London was taken

5. 2013 PRELIMS 9. With reference to Indian History, the Members of the Constituent Assembly
from the Provinces were
(a) directly elected by the people of those Provinces
(b) nominated by the Indian National Congress and the Muslim League
(c) elected by the Provincial Legislative Assemblies
(d) selected by the Government for their expertise in constitutional matters

6. 2016 MAINS GS PAPER 1 It would have been difficult for the Constituent Assembly to complete
its historic task of drafting the Constitution for Independent India in just three years but for the
experience gained with the Government of India Act, 1936. Discuss.

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