Making of Indian Constitution - Questions and Answers

ANSWER: All of the above

Explanation:

• In 1934, M. N. Roy, a pioneer of communist movement in India and an advocate of radical democratism put forward the idea of a Constituent Assembly for India.
• In 1935, the Indian National Congress (INC), for the first time, officially demanded a Constituent Assembly to frame the Constitution of India.
• In 1938, Jawaharlal Nehru, declared that ‘the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise’.
• The demand was finally accepted in principle by the British Government in the ‘August Offer’ of 1940.
• In 1942, Sir Stafford Cripps, came to India with a draft proposal on the framing of an independent Constitution to be adopted after the World War II.
• The Cripps Proposals were rejected by the Muslim League which wanted India to be divided into two autonomous states with two separate Constituent Assemblies.
• Finally, the Cabinet Mission (Lord Pethick Lawrence, Sir Stafford Cripps and A V Alexander) Plan was accepted.

As per it -

1. Total strength of Constituent Assembly - 389 (296 - British India and 93 - Princely States)
2. Out of 296, 292 from 11 eleven governors’ provinces (Madras, Bombay, UP, Bihar, Central Provinces, Orissa, Punjab, NWFP, Sindh, Bengal and Assam) and 4 from 4 Chief Commissioner’s provinces (Delhi, Ajmer–Merwara, Coorg and British Baluchistan).
3. Seats were allotted based on population - One seat roughly for one million population.
4. Seats in British Provinces were divided amongst - Muslims, Sikhs and General (all excluding Muslims and Sikhs)
5. Representatives of each community were to be elected by members of that community in the provincial legislative assembly and voting was by proportional representation by means of single transferable vote (Indirect election).
6. Representatives from princely states would be nominated by heads of these princely states.


• Princely states decided to stay away from the constituent assembly.
• The Constituent Assembly did not include Mahatma Gandhi and M. A. Jinnah.

ANSWER: 1, 3

Explanation:

• Constituent Assembly ratified India’s membership of the Commonwealth in May 1949.
• It adopted the national flag on July 22, 1947.
• It adopted the national anthem and national song on January 24, 1950.
• The Assembly elected Dr. Rajendra Prasad as the first President of India on January 24, 1950.
• In all, the Constituent Assembly had 11 sessions over two years, 11 months and 18 days.
• The Draft Constitution was considered for 114 days.
• On January 24, 1950, the Constituent Assembly held its final session.
• It however continued as the provisional parliament of India from January 26, 1950 till the formation of new Parliament after the first general elections in 1951-52.
• The Provisional Parliament ceased to exist on April 17, 1952. The first elected Parliament with the two Houses came into being in May 1952.

The Assembly was criticized on various grounds like -

1. Not a representative Body
2. Not a Sovereign Body
3. Time Consuming
4. Dominated by Congress
5. Lawyer-Politician Domination
6. Dominated by Hindus

ANSWER: All of the above

Explanation:
There were eight major committees and the others were minor committees.

The names of these committees and their chairmen are -

Major Committees

1. Union Powers Committee - Jawaharlal Nehru.
2. Union Constitution Committee - Jawaharlal Nehru.
3. Provincial Constitution Committee - Sardar Patel.
4. Drafting Committee - Dr. B.R. Ambedkar.
5. Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas –Sardar Patel.

This committee had the following sub-committees :

a. Fundamental Rights Sub-Committee - J.B. Kripalani.
b. Minorities Sub-Committee - H.C. Mukherjee.
c. North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee - Gopinath Bardolo.i
d. Excluded and Partially Excluded Areas (Other than those in Assam) Sub-Committee - A.V. Thakkar.
6. Rules of Procedure Committee - Dr. Rajendra Prasad.
7. States Committee (Committee for Negotiating with States) - Jawaharlal Nehru.
8. Steering Committee - Dr. Rajendra Prasad.

Minor Committees

1. Committee on the Functions of the Constituent Assembly - G.V. Mavalankar.
2. Order of Business Committee - Dr. K.M. Munshi.
3. House Committee - B. Pattabhi Sitaramayya.
4. Ad-hoc Committee on the National Flag - Dr. Rajendra Prasad.
5. Special Committee to Examine the Draft Constitution - Alladi Krishnaswamy Ayyar.
6. Credentials Committee - Alladi Krishnaswamy Ayyar.
7. Finance and Staff Committee - Dr. Rajendra Prasad.
8. Hindi Translation Committee.
9. Urdu Translation Committee.
10. Press Gallery Committee.
11. Committee to Examine the Effect of Indian Independence Act of 1947.
12. Committee on Chief Commissioners’ Provinces - B. Pattabhi Sitaramayya.
13. Commission on Linguistic Provinces.
14. Expert Committee on Financial Provisions.
15. Ad-hoc Committee on the Supreme Court – S. Varadachariar.

ANSWER: 1, 3

Explanation:

• The drafting committee was set up on August 29, 1947.
• It was entrusted with the task of preparing a draft of the new constitution.
• It had of seven members.

They were -

1. Dr. B. R. Ambedkar (Chairman).
2. Alladi Krishnaswami.
3. Dr K.M. Munshi.
4. N Gopalswamy Ayyangar.
5. Syed Mohammad Saadullah.
6. N. Madhava Rau (He replaced B. L. Mitter who resigned due to ill health).
7. T. T. Krishnamachari (He replaced D. P. Kahitan who died in 1948).


• This was considered the most important committee.
• The Drafting Committee, prepared the first draft of the Constitution of India, which was published in February 1948.
• The people of India were given eight months to discuss the draft and propose amendments.
• Taking into consideration public comments, criticisms and suggestions, the Drafting Committee prepared a second draft, which was published in October 1948.
• The Drafting Committee took less than six months to prepare its draft.
• In total, it sat only for 141 days.

ANSWER: 1, 2

Explanation:

• Dr. B. R. Ambedkar introduced the final draft of the Constitution in the Assembly on November 4, 1948(first reading).
• The second reading (clause by clause consideration) started on November 15, 1948 and ended on October 17, 1949.
• The third reading of the draft started on November 14, 1949.
• The motion on Draft Constitution was declared as passed on November 26, 1949.
• It received the signatures of the members and the president.
• Out of a total 299 members of the Assembly, only 284 were present on that day and signed the Constitution.
• This is also the date mentioned in the Preamble as the date on which the people of India in the Constituent Assembly adopted, enacted and gave to themselves this Constitution.
• The Constitution as adopted on November 26, 1949, contained a Preamble, 395 Articles and 8 Schedules.
• The Preamble was enacted after the entire Constitution was already enacted.
• Dr. B. R. Ambedkar, the then Law Minister, is recognized as the ‘Father of the Constitution of India’. This ‘chief architect of the Constitution of India’ is also known as a ‘Modern Manu’.
• Some provisions of the Constitution related to citizenship, elections, provisional parliament, temporary and transitional provisions, and short title came into force on November 26, 1949.
• The remaining provisions (the major part) of the Constitution came into force on January 26, 1950.
• This day is referred to in the Constitution as the ‘date of its commencement’, and is celebrated as the Republic Day.
• January 26 was specifically chosen as the ‘date of commencement’ of the Constitution because of it was on this day in 1930 that ‘Purna Swaraj Day’ was celebrated.
• A resolution of for this was passed in the Lahore Session (December 1929) of the INC.
• With the commencement of the Constitution, the Indian Independence Act of 1947 and the Government of India Act of 1935, with all enactments amending or supplementing the latter Act, were repealed. The Abolition of Privy Council Jurisdiction Act (1949) was however continued.

ANSWER: 1, 3

Explanation:

• After the acceptance of the Mountbatten Plan of June 3, 1947 for a partition of the country, the representatives of most of the other princely states joined the Assembly.
• The members of the Muslim League from the Indian Dominion also entered the Assembly.

The Indian Independence Act of 1947 made the following three changes in the position of the Assembly :

1. The Assembly was made a fully sovereign body, which could frame any Constitution it wanted as well as remove or alter any law made by the British Parliament in relation to India.
2. The Assembly also became a legislative body. Thus Assembly was making the constitution for free India and also enacting ordinary laws for the country.
3. These two tasks were to be performed on separate days. Thus,the Assembly became the first Parliament of free India (Dominion Legislature).
4. Whenever the Assembly met as the Constituent body it was chaired by Dr. Rajendra Prasad and when it met as the legislative body, it was chaired by G. V. Mavlankar.
5. This continued till November 26, 1949, when the Constitution was adopted.
6. The Muslim League members (from the areas in Pakistan) withdrew from the Constituent Assembly for India.
7. So, the total strength of the Assembly came down to 299 from 389.The strength of the Indian provinces (formerly British Provinces) was reduced from 296 to 229 and those of the princely states from 93 to 70.

ANSWER: 1, 3

Explanation:

• The Constituent Assembly held its first meeting on December 9, 1946.
• The Muslim League boycotted the meeting and insisted on a separate state of Pakistan. The meeting was thus attended by only 211 members.
• Dr. Sachchidanand Sinha, the oldest member, was elected as the temporary President of the Assembly, following the French practice.
• On December 11, 1946, Dr. Rajendra Prasad and H. C. Mukherjee were elected as the President and Vice-President of the Assembly respectively.
• Sir B. N. Rau was appointed as the Constitutional advisor to the Assembly.
• Jawaharlal Nehru moved the historic ‘Objectives Resolution’ on December 13, 1946, in the Assembly, which laid down the fundamentals and philosophy of the constitutional structure.
• It was unanimously adopted by the Assembly on January 22, 1947. It influenced the shaping of the constitution.
• Its modified version forms the Preamble of our Constitution.