* Prominent attendees of the above three meetings: Dr. B.R. Ambedkar.
* 1932: British Prime Minister Ramsay MacDonald declared the Communal Award.
* 1932: The agreement reached between Dr. Ambedkar and Gandhi on the issue of reservations for weaker sections in the Communal Award is known as the 'Poona Pact'.
* 1933: A Select Committee formed by the British Parliament officially declared the details related to the law to be introduced by the British in India in the form of a White Paper.
* Based on the White Paper declared under the leadership of Lord Linlithgow, the Government of India Act of 1935 was introduced.
Government of India Act, 1935:
Among the laws introduced by the British government for Indian administration, this is the most comprehensive.
It is the largest law passed in the 800-year history of the British Parliament.
This Act can be cited as the primary source for the Indian Constitution.
This Act contains a total of 321 articles and 10 schedules.
The framers of the Constitution adopted over 70% of the provisions, i.e., 247 provisions, from this Act.
It is described as a "Xerox Copy" of the Indian Constitution.
The Government of India Act of 1935 is the 'Mother' of the Indian Constitution.
The main objective of this Act was to introduce responsible governance in India.
Key Features:
Formation of a Federation: Following the recommendations of the Simon Commission, the British introduced a federal system in our country.
* Powers were distributed between the central and state governments.
(a) Central List: 59 subjects of national importance, such as defense, foreign affairs, currency, railways, post offices, etc.
(b) State List: 54 subjects of regional importance, such as agriculture, irrigation, education, local self-government, etc.
(C) Concurrent List: 36 subjects like marriage, divorce, inheritance, etc., were included in this list, granting powers to both the central and state governments over these matters.
Residuary subjects, i.e., matters not mentioned in the above three lists and new subjects that arise in the future, were designated as residuary powers, and the British Governor-General was given powers over them.
Central Legislature: The bicameral system continued at the center, and the number of members in the houses was increased.
(a) Council of States : Increased to 260 members from 200.
1/3rd of these members were allocated to representatives of the native princely states in our country. These members were elected by the people.
(b) Legislative Assembly: Increased to 375 members from 250.
1/3rd of the seats were allocated to the native princely states. Members of the State Legislative Assemblies elected the members of this body.
* The federal system could not come into effect because the native princely states in India refused to join the federal system.
* A bicameral system was introduced in 6 out of the total 11 British-ruled provinces in India.
Autonomy for Provinces:
The dyarchy system introduced in the provinces of our country through the Act of 1919 was abolished by the Act of 1935.
* Under the 'Devolved Reserved & Transferred' system, Indian ministers were given powers over 54 subjects in the state list.
Dyarchy at the Center:
The dyarchy system abolished in the provinces was introduced at the center through the Act of 1935.
Important powers and revenue-generating subjects were listed as 'Reserved List,' and the British Governor-General was given powers over them.
Departments without power or revenue and less important departments were listed as 'Transferred List,' and Indian ministers were given powers over them.
Separate electorates were established in the legislatures of India for weaker sections, laborers, women, and Europeans.
Federal Court Establishment:
A Federal Court was established to resolve disputes that arose between the center and states, and between states, because a federal system was introduced in our country.
Burma and Berar were separated from India.
The Federal Court was established in 1937 when this Act came into force.
RBI (Reserve Bank of India) was established to regulate financial matters in India.
Voting rights were granted to only 28.5% of the Indian population.
The capital of India was moved from Delhi to New Delhi.
Muhammad Ali Jinnah criticized this Act as "unreasonable, unacceptable, impractical, and altogether bad."
Nehru described it as "a car with all brakes but no engine," implying a system that was restrictive but lacked driving force.
Gandhiji described it as "the beginning of a new era of slavery in our country."
Prof. K. T. Shah stated, "This Act was forcibly imposed on the people of India by the British government."
This Act was implemented in 1937. Elections were held for the state legislatures in 1937.
State governments resigned in 1939.
These resignations occurred in protest against the British declaration in World War II that India was participating on the side of Britain against Germany without consulting Indians.
August Offer, 1940:
Lord Linlithgow formulated these proposals.
After the Second World War, Dominion Status with partial independence would be granted to India, provided that Indians cooperated with the British in World War II.
Indians strongly opposed these proposals.
Cripps Proposals, 1942:
For the first time, the demand of the Indian people for the formation of a Constituent Assembly was accepted.
Promising to fulfill all the promises made by the British in the past, it was requested that Indians cooperate with the British in return.
Rejecting the Cripps Proposals, the Indian National Congress passed the historic 'Quit India' resolution.
Gandhiji gave the slogan "Do or Die" during the Quit India movement.
Gandhiji described the Cripps Proposals as "a post-dated cheque on a failing bank."
Wavell Plan, 1945:
Lord Wavell, the Governor-General in 1945, formulated this plan.
While retaining powers over matters like sovereignty, defense, foreign affairs, and currency with the British government, it was proposed to grant powers to Indians over the remaining matters. In addition, it was suggested to form a War Advisory Council that would represent all sections in India.
Simla Conference, 1945:
This conference was convened to facilitate reconciliation between the Congress and the Muslim League and to reach an understanding between Bhulabhai Desai and Liaquat Ali Khan.
The Congress and the Muslim League withdrew from this conference because there was no mention of the creation of Pakistan and because there was no constructive proposal regarding independence.
C.R. Formula, 1944:
Chakravarti Rajagopalachari made these proposals with the feeling that independence could only be achieved through collective effort by achieving unity between the Congress and the Muslim League.
C.R. mentioned in his formula that after India gained independence, a plebiscite should be conducted in the regions demanding Pakistan, and a decision could be taken based on the public opinion.
The Muslim League vehemently criticized this formula for not directly accepting the creation of Pakistan, while the Congress opposed this formula against the partition of the country.
Cabinet Mission, 1946:
The Labour Party came to power in Britain in the elections held after World War II.
Clement Attlee, belonging to the Labour Party, became Prime Minister.
In March 1946, in a statement in the British Parliament, he announced that a committee of three members would visit India to find a solution to the Indian problem.
Sir Stafford Cripps, Pethick-Lawrence, and A.V. Alexander comprised the Cabinet Mission.
Cabinet Mission Visited India.
Key Proposals:
To form a Constituent Assembly by Indians to create a necessary constitution for Indians to govern themselves.
Members of the Constituent Assembly would be elected by the state legislative assemblies in British-ruled provinces.
Native princely states were given the opportunity to send their representatives to the Constituent Assembly.
A temporary government should be formed to represent all sections of the country until the transfer of power.
This mission rejected the creation of Pakistan.
Lord Mountbatten Plan, 1947:
Lord Mountbatten was appointed as Governor-General on March 20, 1947, succeeding Wavell.
The Muslim League initially refused to join the interim government and resorted to direct action for the creation of Pakistan.
Mountbatten formulated this plan in view of the violence and bloodshed that erupted in the country due to the Muslim League's direct action.
India would be divided into two dominions.
Regions predominantly inhabited by Hindus would form India, and Muslim-majority regions would form Pakistan.
A referendum would be held in disputed regions, and decisions would be made based on the majority opinion.
Native princely states could merge with either India or Pakistan or remain independent according to their wishes.
The Punjab Legislative Assembly resolved that West Punjab should be merged with Pakistan and East Punjab with India.
The Bengal Legislative Assembly resolved that East Bengal should be merged with Pakistan and West Bengal with India.
The Sindh province decided to merge with Pakistan.
In the 'Sylhet' district of Assam, a plebiscite was held in the North-West Frontier Province, and they voted to merge with Pakistan.
A referendum was held in Junagadh, and they decided to merge with India.
The partition of India took place according to the Mountbatten Plan.
This plan is also known as the 'Dicky Bird' Plan.
Indian Independence Act, 1947:
Although the British initially intended to grant independence to India by June 1948, they advanced the date of independence in view of the situation in India.
The Indian Independence Bill was introduced in the British Parliament on July 4, 1947, and was passed by Parliament on the 15th. It received Royal Assent on the 18th.
India would be divided into two dominions, India and Pakistan.
Both dominions would be granted independence on August 15, 1947.
British paramountcy over India and Pakistan would end on August 15.
The Constituent Assemblies formed in both countries for constitution-making would function as temporary parliaments.
Governance would continue according to the Act of 1935 until they framed their own constitutions.
Membership in the British Commonwealth was the independent decision of both countries.
The British Crown would appoint Governor-Generals for both countries according to their wishes.
A 'Cyril Radcliffe' led committee would be formed to determine the boundaries between the two countries.
Security of tenure would be provided to employees working in both dominions.
This Act is referred to as a "peace treaty without war."
British Prime Minister Clement Attlee described this Act as "the noblest and most momentous law" passed by the British Parliament.
* At the time of independence, there were 562 native princely states in the country, out of which 554 states merged with India.
* Lord Mountbatten continued as the Governor-General of India, while Muhammad Ali Jinnah was appointed as the Governor-General of Pakistan.
* Keeping Indian independence in mind, Nehru addressed the Indian nation and described it as "The Tryst with Destiny," or "Agreement with Fate."
Interim Government:
On the occasion of India's independence, the then Governor-General Lord Mountbatten administered the oath of office to an interim government under the leadership of Nehru.
| No. | Name | Department |
|---|---|---|
| 1. | Jawaharlal Nehru | Prime Minister & Foreign Affairs |
| 2. | Sardar Vallabhbhai Patel | Deputy Prime Minister & Home Affairs & Services |
| 3. | Dr. Babu Rajendra Prasad | Agriculture & Food |
| 4. | Maulana Abul Kalam Azad | Education |
| 5. | Dr. B.R. Ambedkar | Law |
| 6. | Sardar Baldev Singh | Defence |
| 7. | Shanmukham Chetty | Finance |
| 8. | John Mathai | Railways |
| 9. | Rafiq Ahmed Kidwai | Communications |
| 10. | Dr. S.P. Mukherjee | Industries |
| 11. | Rajkumari Amrit Kaur | Health (First Woman Minister) |
| 12. | C.H. Bhabha | Works, Mines & Power |
| 13. | N.V. Gadgil | Commerce |
| 14. | Babu Jagjivan Ram | Labour |
Constituent Assembly:
The Constituent Assembly was responsible for drafting and adopting the Indian Constitution.
The concept of 'Constituent Assembly' was first articulated by M.N. Roy.
The term 'Swaraj' was first used by Dadabhai Naoroji.
In 1918, the Indian National Congress resolved that India needed its own constitution to govern itself in accordance with Indian independence (Swaraj).
In 1921, Mahatma Gandhi, in an article in 'Young India,' wrote, "Swaraj is not a gift, but the birthright of Indians, and Indians are not political beggars, but only freedom to express themselves."
In 1924, the Round Table Conference held under the leadership of Pandit Motilal Nehru introduced the "Commonwealth of India Bill," suggesting that India should be granted permanent rights on par with the people of Ireland.
In 1928, the report prepared by Motilal Nehru is regarded as the 'first attempt by Indians to draft their own constitution.' The Nehru Report mentioned Indian rights, the interests of all sections, and responsible government.
In 1936, Jawaharlal Nehru, writing in the 'Herald' newspaper, stated that there was only one solution to the problems of the Indian people, which was to grant them the freedom to frame the law necessary to govern themselves.
The Haripura Congress session of 1938 formally endorsed Nehru's opinion.
Through the Cripps Proposals in 1942, the British for the first time recognized the formation of a Constituent Assembly.
In 1946, the Constituent Assembly was established according to the suggestions of the Cabinet Mission.
Elections for the Constituent Assembly were held in June-July 1946.
In the Constituent Assembly, representation was provided at the rate of one member per 1 million population.
Number of members elected from British-ruled provinces: 292.
Representatives from native princely states: 98.
Representatives from Chief Commissionerates: 4.
Total members of the Constituent Assembly before partition: 389.
Congress members elected to the Assembly before partition: 208 (approx. 80%).
Muslim League members: 73.
Number of Assembly members after partition: 299.
Representation from British-ruled provinces: 229.
Representation from native princely states: 70.
Nominated members in the Constituent Assembly: 15.
Elections to the Constituent Assembly were held based on the principle of proportional representation.
(Members of the legislative assemblies of British-ruled provinces elected the members of the Assembly).
Separate electorates were established for Muslims and Sikhs on the basis of religion.
The rulers of native princely states nominated members to the Assembly from their states.
Structure of the Constituent Assembly:
As India is a land of diversity, the Constituent Assembly provided representation to all sections in our country.
| No. | Category | Representatives |
|---|---|---|
| 1. | Indian National Congress | Nehru, Patel, Rajendra Prasad, Pattabhi Sitaramayya |
| 2. | Muslims | Muhammad Sayyad Saadullah, Maulana Abul Kalam Azad |
| 3. | Sikhs | Sardar Baldev Singh, Hukum Singh |
| 4. | Europeans | Frank Anthony |
| 5. | Parsees | Dr. H. B. Modi |
| 6. | Hindu Mahasabha | Dr. Shyam Prasad Mukherjee, M.R. Jayakar |
| 7. | All India Scheduled Castes Federation | Dr. B.R. Ambedkar |
| 8. | All India Women's Conference | Hansa Mehta |
| 9. | All India Zamindars' Association | Surband Maharaja |
| 10. | All India Christian Associations | Babu Jagjivan Ram |
| 11. | Minorities | Dr. H.C. Mookherjee |
Dr. Shyam Prasad Mukherjee was nominated even after losing the election to the Constituent Assembly.
Due to the partition of the country, Ambedkar, who was elected from Bengal, lost his membership, and he was elected from Bombay.
Somnath Lahiri was the only communist member who lost his membership in the Constituent Assembly due to the partition of the country.
Working Method (Structure):
As per Wavell's suggestions, the first meeting of the Constituent Assembly was held on December 9, 1946, in the Central Hall of Parliament.
Sachchidananda Sinha was appointed as the temporary chairman for the first meeting.
J.B. Kripalani proposed Sachchidananda Sinha.
Following the tradition of France, the Constituent Assembly made Sachchidananda Sinha the chairman.
Frank Anthony was the temporary deputy chairman of the Constituent Assembly.
Number of members who attended the first meeting: 211.
Representatives of the Muslim League and native princely states did not attend this meeting.
Legal Advisor to the Constituent Assembly: Benegal Narsing Rau (B.N. Rau). He was not a member of the Constituent Assembly. B.N. Rau was the first Indian elected to the International Court of Justice. B.N. Rau drafted the draft of the Indian Constitution.
Permanent Chairman of the Constituent Assembly: Dr. Babu Rajendra Prasad. J.B. Kripalani suggested his name.
Deputy Chairmen of the Constituent Assembly: Dr. H.C. Mookherjee.
Secretary of the Constituent Assembly: V.T. Krishnamachari, H.V.R. Iyengar, N.C. Mukerjee.
Committees:
Although 13 major committees formed by the Constituent Assembly are mentioned, in reality, the number of committees was 22.
(a) Procedural Committees - 10
(b) Subject Committees - 12
Largest Committee formed by the Assembly: Advisory Committee. Chairman of the Advisory Committee: Sardar Vallabhbhai Patel. Total number of members in the committee: (54+1).
Main Committee: Drafting Committee (Drafting Committee). Chairman: Dr. B.R. Ambedkar.
Members of the Committee:
| No. | Members |
|---|---|
| 1. | Dr. Ambedkar |
| 2. | N. Gopalaswami Ayyangar |
| 3. | Alladi Krishnaswami Ayyar |
| 4. | K.M. Munshi |
| 5. | Mohammad Sayyad Saadullah |
| 6. | B.L. Mitter (Due to illness, N. Madhava Rao was appointed in his place) |
| 7. | D.P. Khaitan (After his death in 1948, T.T. Krishnamachari was appointed in his place) |
T.T. Krishnamachari is the only person in the Drafting Committee who did not study law.
Other Committees:
| No. | Committee | Chairman |
|---|---|---|
| 1. | Steering Committee | Dr. Rajendra Prasad |
| 2. | Rules of Procedure Committee | Dr. Rajendra Prasad |
| 3. | Flag Committee | Dr. Rajendra Prasad |
| 4. | Fundamental Rights Committee | Sardar Vallabhbhai Patel |
| 5. | Minorities Committee | Sardar Vallabhbhai Patel |
| 6. | Provincial Constitution Committee | Sardar Vallabhbhai Patel |
| 7. | States Constitution Committee | Sardar Vallabhbhai Patel |
| 8. | Union Constitution Committee | Jawaharlal Nehru |
| 9. | Union Powers Committee | Jawaharlal Nehru |
| 10. | States Negotiating Committee | Jawaharlal Nehru |
| 11. | Fundamental Rights Sub-Committee | J.B. Kripalani |
| 12. | Minorities Sub-Committee | Dr. H.C. Mookherjee |
| 13. | House Committee | Pattabhi Sitaramayya |
| 14. | Legislative Affairs & Rules Committee | G.V. Mavalankar |
| 15. | Credential Committee | Alladi Krishnaswami Ayyangar |
| 16. | North-East Frontier Tribal Areas Committee | Gopinath Bordoloi |
| 17. | Press Gallery Committee | Udayanath Varma (These are not members of the Constituent Assembly) |
Credential Committee. - Committee to collect details of members in the Constituent Assembly.
The first session of the Constituent Assembly was held on 09-12-1946.
Dr. Sachchidananda Sinha was the first person to address the Constituent Assembly.
On 11-12-1946, Dr. Babu Rajendra Prasad was elected as the Chairman of the Assembly.
On 13-12-1946, Nehru introduced the Objectives Resolution.
On 22-07-1947, Dr. Hansa Mehta presented and proposed the Indian national flag in the Constituent Assembly.
The Constituent Assembly held '11' sessions to adopt the Constitution.
Date on which the Constituent Assembly adopted the Constitution: 26-11-1949.
Provisions that came into effect immediately after the Constitution was adopted: Citizenship, Elections, Provisional Parliament, Special provisions for native princely rulers.
Time taken by the Constituent Assembly to discuss, deliberate, and approve the draft Constitution: 165 days.
Time taken by the Constituent Assembly to adopt the Constitution: 2 years, 11 months, and 16 days.
Expenditure incurred in preparing the Constitution: ₹64 lakhs.
Last session of the Constituent Assembly: 24-01-1950 (12th session).
Decisions in Last Session:
(a) "Jana Gana Mana" was adopted as the National Anthem.
(b) "Vande Mataram" was adopted as the 'National Song'.
(c) Babu Rajendra Prasad was elected as the President. (Patel and Nehru suggested Rajendra Prasad's name).
Number of members who signed the resolution adopting the Constitution: 284.
Chairman of the Assembly, Rajendra Prasad, affixed his seal of approval on the Constitution adoption document.
Dr. Babu Rajendra Prasad delivered the last address to the Assembly.
Date on which the Constitution came into force: 26-01-1950.
Reason for delaying the implementation of the Constitution until January 26, 1950, even though the Assembly adopted it on 26-11-1949: To commemorate the Lahore Congress's resolution of Purna Swaraj, and in memory of the fact that January 26, 1930, onwards, this day was celebrated every year as a symbol of the spirit of Independence Day, this date was chosen.
Phases of Working: The working method of the Constituent Assembly can be classified into 3 phases. First Phase: From 9-12-1946 to 15-08-1947 (In this phase, the Constituent Assembly performed only constitution-making duties). Second Phase: From 15-08-1947 to 26-11-1949 (In this phase, the Constituent Assembly, along with constitution-making duties, also performed the function of drafting laws necessary for the governance of the country). Third Phase: From 26-11-1949 to 14-05-1952 (During this period, the Constituent Assembly functioned solely as a legislative body, acting as the interim parliament of the country).
When the Constituent Assembly performed constitution-making duties, only Rajendra Prasad acted as chairman.
When the Assembly functioned as the interim parliament, G.V. Mavalankar acted as chairman. Ananthasayanam Ayyangar acted as Deputy Chairman.
Lord Mountbatten was the last British Governor-General to address the Constituent Assembly.
C. Rajagopalachari was the person appointed as the last Governor-General of India in place of Mountbatten and as the first Indian Governor-General.
C. Rajagopalachari was the last and first Indian Governor-General (up to 26-01-1950).
When B.N. Rau submitted the draft constitution to the Constituent Assembly, it had 315 articles and 13 schedules.
By the time of publishing the draft copy (state) in July 1947, the articles remained the same, but the schedules were reduced to '8'.
Number of amendments proposed to the draft: 7,563.
Number of amendments discussed and approved by the Constituent Assembly: 2,473.
By the time the Constitution came into force, it consisted of 395 articles, 8 schedules, and 22 parts.
"For the drafting of the Constitution, the Constituent Assembly adopted the method of coordination." - Granville Austin.
Other Opinions:
"The Constituent Assembly gave more importance to the method of adjustment than the method of coordination." - O.P. Goyal.
M.V. Pyle described B.R. Ambedkar as the architect of the Constitution and the modern Manu.
"Nehru, Patel, Rajendra Prasad, Ambedkar, and Azad acted as a controlling council in the Constituent Assembly." - Granville Austin.
Only 28.5% of the population exercised voting rights in the elections to the Constituent Assembly.
"The Constituent Assembly became an obstacle to the expression of freedom and independence of the Indian people." - Jayaprakash Narayan.
"The Constituent Assembly lacked public opinion." - K. Santhanam.
"The Indian Constituent Assembly represented only certain sections of the country. One major section played a key role in it." - Winston Churchill.
"The Constituent Assembly represented only Hindus." - Lord Simon.
Main Sources of the Indian Constitution
| Country Name | Subjects Borrowed |
|---|---|
| 1) Government of India Act, 1935 | Federal System: Center-State relations, Residuary Powers, Governor's office, Judiciary, CAG, UPSC, Emergency Provisions, 1. Single Citizenship, 2. Rule of Law, 3. Integrated Judicial System, 4. Parliamentary System, 5. Cabinet Government, 6. Speaker, 7. Legislative Procedure, 8. Election Mechanism, 9. Head of State with nominal authority, 10. Civil Services Selection Procedures, (f) Conducting state administration in the name of the head of state, (g) Vice-President's post, and functioning as chairman of the Upper House, (h) Procedure for removing the President, Supreme Court, and High Court judges |
| 2) Ireland | * Directive Principles of State Policy, * Presidential Election Method, * Nominating 12 members to Rajya Sabha by the President |
| 3) Canada | Federal system, Residuary powers belong to the Center, Strong central government, Governor appointment, Joint List, Joint Sitting of Both Houses, Public Interest Litigation |
| 4) Australia | Joint List, Joint Sitting of Both Houses, Public Interest Litigation |
| 5) Japan | 1. Procedure established by law, 2. Not abolishing the Right to Life during emergencies, 3. Procedures followed during emergencies, (Suspending Fundamental Rights) |
| 6) UK | Constitutional amendment procedures |
| 7) USA | * Written Constitution, * Fundamental Rights, * Judicial Review, * Independent Judiciary |
| 8) USSR | * Social, Economic, Political Justice, * Fundamental Duties |
| 9) France | 1. Liberty, Equality, Fraternity, 2. Republic system, 3. Upper House members and Lower House members electing method |
| 10) South Africa | * Method of electing members of the Upper House, Lower House |
Pre-partition: Before the partition of India, Congress members constituted approximately 80% of the Constituent Assembly.
Criticism of Lack of Public Approval: Critics argued that the Indian Constitution lacked public approval because the Constituent Assembly was not formed based on universal adult suffrage. Moreover, the Constitution drafted by the Constituent Assembly was not put to public vote.
The Constituent Assembly was not a sovereign body, and the Indian Constitution did not have the approval of the British Crown; only Rajendra Prasad's seal of approval was obtained, critics claimed.
Pandit Nehru refuted the argument that the Constituent Assembly and the Constitution lacked sovereignty, as the Constitution was drafted by the Constituent Assembly formed by the sovereign people of India.
"The Indian Constitution is a lawyer's paradise." – Sir Ivor Jennings.
"The Indian Constitution is like Indra's vehicle, Airavata." – H.V. Kamath.
"The Indian Constitution is the longest and divinest of all world constitutions." – Sir Ivor Jennings.
"The Indian Constitution is a beautiful patchwork quilt." - Granville Austin.
"I am proud to say that the Indian Constitution was framed by scavenging all the known constitutions of the world." – Dr. B.R. Ambedkar
"The Indian Constitution is one that fulfills the diverse needs and interests of the Indian people." – Pandit Nehru.
"If the Indian Constitution fails in the future, the Constitution should not be blamed. Those who implement the Constitution are responsible." - Ambedkar.
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