The Constituent Assembly: a stormy time
Years of hope and fear
The Constitution was written between 1946 and 1949. India was becoming free, but Partition brought riots and huge migrations. Princely states had to be brought in. So members wanted a Constitution that would hold the country together and give everyone justice.
Who made it
The Assembly was not directly elected by all people. Its members were chosen by the provincial legislatures elected in 1946. Congress had most seats, but members held many views, from socialists to conservatives. About 300 members took part after Partition.
How it worked
The first meeting was on 9 December 1946. The Assembly met in 11 sessions, sitting for 165 days. Its debates were printed in newspapers, and the public sent suggestions. The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950.
The main voices
- Jawaharlal Nehru moved the Objectives Resolution on 13 December 1946. It said India would be an independent sovereign republic that would guarantee justice, equality and freedom to its people and protect minorities, backward classes and tribal people.
- Dr B.R. Ambedkar, a lawyer and leader of the depressed classes, was chairman of the Drafting Committee. He guided the draft through the Assembly.
- Dr Rajendra Prasad was President of the Assembly.
- B.N. Rau was the constitutional adviser, and S.N. Mukherjee was the chief draughtsman who put complex ideas into clear legal words.
Debate 1: the will of the people and the rights of minorities
Separate electorates
A separate electorate means only voters of one community elect that community's representatives. Some members, like B. Pocker Bahadur, asked for it to protect Muslims. Most, like Govind Ballabh Pant, argued it had divided people and led to Partition. The Assembly chose joint electorates: everyone votes together.
Other voices for the weak
- N.G. Ranga said real minorities were the poor and the peasants, who needed economic rights, not just words.
- Jaipal Singh spoke for tribal people (adivasis), asking for protection of their land and seats in legislatures.
- Leaders of depressed classes, like J. Nagappa and Ambedkar, said untouchability must end by law.
Decision: untouchability was abolished, temples opened to all, and reserved seats and jobs were given to Scheduled Castes and Scheduled Tribes.
Debate 2: the powers of the Centre and the states
The draft had three lists of subjects:
- Union List (97 subjects, like defence and foreign affairs): only the Centre makes laws.
- State List (66 subjects, like police and local government): only states make laws.
- Concurrent List (47 subjects, like education later): both can make laws.
K. Santhanam of Madras argued that states also needed enough money and powers, or they would fail. But after Partition's violence, most members, including Ambedkar, wanted a strong Centre to keep peace and plan the economy. Emergency powers also let the Centre take over in a crisis.
Debate 3: the language of the nation
Gandhiji had wanted Hindustani, a mix of Hindi and Urdu that ordinary people spoke. After Partition, some members, like R.V. Dhulekar, strongly pushed for Hindi. Members from the south, like Shrimati G. Durgabai, feared Hindi would be forced on them. Others asked for time and respect for all languages.
The compromise: Hindi in the Devanagari script would be the official language, but the change would be slow. English would continue for official work for 15 years. Each state could choose its own language for its work.
Key formulas and definitions
- Constituent Assembly: 9 Dec 1946 β 26 Nov 1949 (adopted) β 26 Jan 1950 (in force)
- 11 sessions, 165 days of sittings
- Objectives Resolution = Nehru, 13 December 1946
- Separate electorate = one community votes only for its own members; joint electorate = all vote together
- Three lists = Union 97, State 66, Concurrent 47 (original)
- Language compromise = Hindi (Devanagari) official + English for 15 years
Worked examples
1. Why did most members reject separate electorates?
They believed separate electorates had divided Indians along religious lines and helped lead to Partition. They wanted citizens to vote together as one nation, while still protecting weaker groups through reserved seats.
2. Why did the Assembly favour a strong Centre?
Partition had brought riots and fear of the country breaking up. A strong Centre could keep order, bring in the princely states and plan economic growth. So the Union List was made the largest.
3. What was the language compromise?
Hindi in the Devanagari script became the official language, but gradually. English continued for official purposes for 15 years, and states could use their own languages. This respected both the wish for a national language and the fears of non-Hindi speakers.
4. Why were the Assembly debates made public?
So people could read, discuss and send suggestions. The Constitution would then have public support and would feel like the people's own document.
Common mistakes
- Saying the Assembly was elected directly by all adults. Its members were chosen by provincial legislatures.
- Mixing up dates: adopted on 26 November 1949, came into force on 26 January 1950.
- Thinking the Assembly kept separate electorates. It rejected them but kept reserved seats for SC and ST.
- Saying Hindi replaced English at once. English continued for 15 years.