Constitution and Coming of Democracy
The 1861 Council of India Act
Nehru Committee of 1928 and the Demand
for Dominion Status
Communal Award of 1932 and the
Government of India Act in 1935
Cabinet Mission and The formation of
Constituent Assembly in 1946
Social and political Context of India’s Constituent Assembly
Members Indirectly Elected by the Provincial Assemblies which were elected directly by an
Electorate formed on the basis of Property Qualification
After excluding provinces that fell under Pakistan, the Assembly included 207 Members but 93
members were nominated from the Princely States and thus increased the number to 300
There were 15 women members of the Constituent Assembly and 28 Muslim League Members
joined it when Partition became final. There were Muslim Members of the Congress too.
Dr. Rajendra Prasad was elected the President of the Constituent Assembly and was assisted by
Nehru and Patel . On Agust 29 1947, Ambedkar was appointed chairman of the Constitution
Drafting Committee, charged by the Assembly to write free India's new Constitution. He was
assisted by KM Munshi of Gujerat, Alladi Krishnaswami Aiyer, the Advocate General from Madras
Presidency and B. N. Rau the Constitutional Advisor and S. N Mukherjee Chief Draughtsman.
Moulana Abul Kalam Azad, a Muslim Congressman represented Muslim interests and Harendra
Coomar Mukherjee, a Bengali Christian was the Chairman of Minority’s Board.
Congress Party had a 82% majority of the Constituent Assembly but was a very broad Church
including socialists, Hindu nationalists and defenders of landed interests.
9 December 1946 was the inaugural
ceremony and 13 December 1946 the
Constituent Assembly passed Objectives
Resolution
National Revolution and Social Revolution
Debates over Panchayati Raj
Individuals and Community
Principles of Affirmative Action and
Guarantee of Protection of Minority Rights
Parliamentary System of Governance based on the Directly
Elected Lower House of the Parliament namely Lok Sabha
Principle of Universal Adult Franchise and First Past Post System
Upper House of the Parliament elected by the Provincial
Assemblies
President as the Head of the state and Commander in Chief of
Army Elected by and Electoral College Composed of Provincial
Assemblies and Two Houses of Parliament
Prime Minister as the Head of the Government composed of
Cabinet of Ministers
Chief Minister Head of the Government of Federating States
Responsible to the Directly Elected State Assemblies and the
Governor Appointed by the President as the Constitutional Head
of the States Government
The Independent Election Commission, Judiciary and Comptroller
General of Accounts.
Complex Fiscal Federalism but more money
would go into the Coffer of the state
Article 356 allowing the Central Government to
Dismantle the State Government through
unelected Governors
Concurrent List of State and Federal
governments
Central Government’s Monopoly over Public
Broadcasting.
Fear of Anarchy and Chaos
Need for Economic Growth and Centralized
Planning
Principle of Affirmative Action: Former
Untouchables and Adivasis
No Separate Representations for Muslims but
there was a Guarantee of Muslim Personal Law
No Reservations for Women but right to Equality
Provisions for Reform of Hindu Personal Law
Limits of Legal Reforms
State Language English/ Hindi/ Hindustani/
Languages of the State
Fundamental Rigths:
1. Right to Equality
2. Right to Particular Freedom
3. Cultural and Educational Rights
4. Right to Freedom of Religion
5. Right Against Exploitation and
6. Right to Constitutional Remedies
Directive Principles:
Gandhian,
Social and economic
Political and administrative,
legal,
environmental,
protection of monuments,
peace and security
With 395 articles and twelve schedules India
enacted the longest constitution of the world
on 26 January 1950.
This led to the Birth of First Pluralist
Democracy in the Asian Subcontinent
It took three years to draft this constitution
which was enacted in the most transparent
manner possible in those days.
One of the Most Grand and Novel Experiment
in History
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