Theoretical overview
The Indian Constituent Assembly was established with the express purpose of creating a constitution for an independent India. Between 1947 and 1949, until the Indian Constitution was approved, it existed for three years. The Constituent Assembly Debates and discussions that the members had while formulating a constitution for a free India are referred to as Constituent Assembly Debates. It gives a solid understanding of the thought that went into the creation of our Constitution.
India being the largest democracy with the lengthiest Constitution in this world comprising 448 Articles in 25 Parts and 12 Schedules.
The Constituent Assembly, which was established in December 1946, drafted the Indian Constitution. In 1946, the Constituent Assembly had 300 members. Dr. Rajendra Prasad was in charge of heading the same. The Constituent Assembly established a Drafting Committee on August 29, 1947, under the chairmanship of Dr. B.R. Ambedkar, to come up with a draft Constitution for India.
The Indian Constitution was adopted on November 26, 1949, and the members of Parliament signed it on January 24, 1950. The Constitution was signed by 284 people in total.
The Constituent Assembly (CA) formed a number of committees to study and report on a variety of significant issues that needed to be addressed in the Constitution.
Dr. Ambedkar was elected chairman of the Drafting Committee (DC) during its first meeting on August 30.
Constituent Assembly Debate on Untouchability
- Untouchability based on religion or caste was intended to be abolished by the Constitution’s framers.
- “Untouchables” was defined as a collection of enumerated (Hindu) castes in the Government of India Act of 1935. However, there was no such qualification in Article 17 ( Draft Article 11) of the Constitution.
- Indeed, numerous members of the Assembly drew attention to the broad, even ambiguous nature of the term “untouchability” at various phases of the drafting process. They demanded that untouchability based on religion or caste be outlawed completely.
- The framers expressed their belief in Mahatma Gandhi, Raja Ram Mohan Roy, Swami Vivekananda, and other notable reformers, and Dr. B.R. Ambedkar also expressed his total belief in the removal of untouchability.
- They demanded that the alleged social inequity be eliminated and wanted untouchability to be made illegal in any form.
Constituent Assembly Debate on Federalism
- For a long time, the exact form of India’s Federation of states has been a source of contention and was also a hot topic of discussion.
- While outlining the proposed Constitution, JB Kriplani stressed that it must be federal with the maximal authority provided to the states.
- Dr. Ambedkar labeled the Draft Constitution as “federal” when he presented it to the Constituent Assembly, even though the word “union” was used in Article 1 and the word “federal” was never included in the Preamble or any other provision.
- In the Assembly, there was broad agreement that a unitary government was not only undesirable but also impractical in light of the external circumstances, as well as the vastness of the country and its different aspects. As a result, India would have a federal constitution
- Despite additional centralizing features incorporated during the proceedings, the members maintained this viewpoint until the end.
Constituent Assembly debate on Uniform Civil Code
- The debates in the Constituent Assembly during the constitution-making process indicated that under Draft Article 35, the constitution builders questioned the notion, relevance, and utility of the Uniform Civil Code.
- The Muslim members of the Constituent Assembly fought the proposal with all the force they could muster.
- Mahboob Ali Beg underlined that the civil code mentioned in Article 35 did not cover family law or inheritance; but, because some people are unsure, a proviso should be added to ensure that the civil code covers property transfers, contracts, and other items governed by personal laws.
- K.M. Munshi presented his views, claiming that it would be legal for Parliament to create a unified civil code even if Draft Article 35 did not exist because the article ensuring religious freedom provided the state the ability to regulate secular activities related to religion.
- Dr. B.R. Ambedkar maintained the state’s right to intervene in diverse communities’ laws. Furthermore, he advised Muslim members not to “read too much into the Article.” Even if the Uniform Civil Code is enacted, he claimed that it would only apply to those who agree to be governed by it.
Constituent Assembly Debate on Reservations
- The debate in the Constituent Assembly over Jawahar Lal Nehru’s motion on ‘aims and objects,’ which subsequently became the Preamble to the Constitution, reveals the feelings of many sections of the population.
- Even though the majority of the members enthusiastically supported the resolution, B.R. Ambedkar had some apprehensions.
- The Congress Party’s leaders were very vocal about defending the rights of the poor and providing them with proper safeguards for enjoying such rights.
Constituent Assembly Debate on Preamble
- The name of India was a point of contention, as was the use of the words “God” and “Gandhi” in the Preamble.
- One member proposed that India be renamed the ‘Union of Indian Socialistic Republics,’ comparable to the Soviet Union. But the members were not convinced by this notion, believing it would contradict the constitutional structure that had previously been accepted.
- Another member wanted to incorporate the phrase “in the name of God.” Many people were against this idea, and it was pointed out that putting the word “God” on the ballot was a mistake.
- One member claimed that including the word ‘God’ would amount to ‘faith coercion,’ which would be a violation of the fundamental right to freedom of faith.
Points to remember
- India being the largest democracy with the lengthiest Constitution in this world comprising 448 Articles in 25 Parts and 12 Schedules.
- The Indian Constituent Assembly was established with the express purpose of creating a constitution for an independent India
- Between 1947 and 1949, until the Indian Constitution was approved, it existed for three years
- the Constituent Assembly had 300 members. Dr. Rajendra Prasad was in charge of heading the same.
- Dr. Ambedkar was elected chairman of the Drafting Committee (DC) during its first meeting on August 30.
- Constituent assembly debate on several matter such as untouchable, federalism, preamble, reservation, uniform civil code, death sentence etc.
