BA I sem : Constitution Values

Unit I:
Chapter 1

1. Constituent Assembly
The Constituent Assembly of India was a body of elected representatives tasked with
drafting the Constitution of India. It was established in 1946 under the Cabinet Mission Plan
and functioned from December 9, 1946, to November 26, 1949.
The Assembly consisted of 299 members, who were elected by the provincial assemblies of
British India and nominated by the princely states. It was chaired by Dr. Rajendra Prasad,
with B.R. Ambedkar leading the Drafting Committee.
The Assembly held 11 sessions and debated various aspects of the Constitution, including
fundamental rights, directive principles of state policy, and the structure of government. On
November 26, 1949, the Constitution was adopted, and India became a republic on January
26, 1950.
The Constituent Assembly played a pivotal role in shaping India's destiny, and its debates
and deliberations continue to be relevant in understanding the principles and values
enshrined in the Indian Constitution

2. Composition of Indian Constituent Assembly

The Indian Constituent Assembly had a total of 389 members. Here's a breakdown of its
composition:
From Provinces (British India): 292 members were elected by the provincial assemblies.
From Princely States: 93 members were nominated by the rulers of these states.
From Chief Commissioner's Provinces: One member each from Delhi, Ajmer-Merwara,
Coorg, and British Baluchistan.
This composition reflected the diverse nature of India at the time, encompassing both
British-administered territories and princely states.

Question and answers

1. What is a Constituent Assembly?
A Constituent Assembly is a body formed to draft or revise a constitution, distinct from
regular legislatures[1].

2. When was the Constituent Assembly of India formed?

It was formed in 1946, following the British Cabinet Mission Plan[2].

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3. How were its members selected?
Members were partly elected by provincial assemblies and partly nominated by princely
states[2].

4. Who chaired the first meeting?

Dr. Rajendra Prasad was elected as the first President of the Constituent Assembly[3].

5. What significant document did it produce?

The Assembly drafted the Constitution of India, adopted on 26 November 1949[3].

6. What was the role of the Muslim League?

The Muslim League boycotted the Assembly, demanding a separate constituent assembly
for Muslims[2][6].

7. How many members were there?

The Constituent Assembly had 389 members, including representatives from provinces
and princely states[2].

8. What was the 'Objective Resolution'?

It outlined the aspirations for justice, equality, and freedoms in the Constitution, adopted
on 22 January 1947[6].

9. How long did the Assembly function?

It operated for approximately three years, from December 1946 to January 1950[5].

10. Who were some notable women members?

Key female members included Hansa Mehta, Rajkumari Amrit Kaur, and Dakshayani
Velayudhan.

3. Objectives of Indian Constituent Assembly

The Objectives of the Indian Constituent Assembly were primarily articulated through the
Objectives Resolution , introduced by Jawaharlal Nehru on December 13, 1946, and
adopted on January 22, 1947. Key objectives included:

1. Establishing India as a Sovereign Republic : The Assembly aimed to create a constitution

that would declare India as an independent sovereign republic.

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2. Union of States : It sought to form a union of all territories willing to be part of independent
India, ensuring autonomy for states.

3. Democratic Governance : The Assembly emphasized that all power and authority would
derive from the people, ensuring democratic principles.

4. Fundamental Rights : It aimed to guarantee justice, equality, and freedom for all citizens,
including safeguards for minorities and marginalized groups.

5. Promotion of World Peace : The Assembly envisioned India contributing positively to

global peace and welfare.

These objectives laid the ideological foundation for the Constitution of India, promoting
values of democracy, secularism, and social justice.

Question and answers

1. What was the main purpose of the Indian Constituent Assembly?

To draft a Constitution for India, establishing it as an independent sovereign republic.

2. When was the Objectives Resolution introduced?

It was introduced by Jawaharlal Nehru on December 13, 1946, and adopted on January 22,
1947[1][3].

3. What does the Objectives Resolution declare about India's governance?

It states that all power and authority in India derive from the people, ensuring democratic
governance[4][5].

4. What rights were guaranteed in the Objectives Resolution?

It guaranteed justice, equality, and freedom of thought, expression, and worship for all
citizens[1][4].

5. How does the Objectives Resolution address minorities?

It provides adequate safeguards for minorities and backward classes to ensure their rights
and representation[1][3].

6. What is the significance of the phrase "We, the people of India"?

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 This phrase reflects the collective aspirations of all Indians and emphasizes popular
sovereignty in the Constitution[2][5].

7. How did the Assembly ensure India's territorial integrity?

The resolution aimed to maintain the integrity of India's territory and its sovereign rights on
land, sea, and air[1][4].

8. What role did federalism play in the Objectives Resolution?

It envisioned a union of states with autonomous units retaining powers not assigned to the
Union[1][3].

9. What was the Assembly's vision for India's role in the world?
The resolution aimed for India to contribute to world peace and welfare, asserting its
rightful place globally[1][5].

10. How did the Objectives Resolution influence the Indian Constitution?
It provided the ideological framework that guided the drafting of the Constitution, reflected
in its Preamble.

4. Preamble and the salient features of the Indian Constitution:

The Preamble serves as the introduction to the Constitution of India. It outlines the
fundamental values and principles on which the Constitution is based. The Preamble reads
as follows:

**“We, the people of India, having solemnly resolved to constitute India into a SOVEREIGN,
SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure to all its citizens:**
- **Justice**, social, economic, and political;
- **Liberty** of thought, expression, belief, faith, and worship;
- **Equality** of status and opportunity;
- and to promote among them all **Fraternity** assuring the dignity of the individual and
the unity and integrity of the Nation;

**In our Constituent Assembly this twenty-sixth day of November, 1949, do hereby adopt,
enact, and give to ourselves this Constitution.”**

The Preamble highlights several key principles:

- **Sovereign**: India is a fully independent nation, not subject to any external authority.

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- **Socialist**: The state aims to reduce inequality in income, wealth, and opportunity.
- **Secular**: The state does not uphold any religion as the state religion. All religions are
treated equally.
- **Democratic**: The government is elected by the people through a system of universal
adult suffrage.
- **Republic**: The head of the state is an elected representative, not a hereditary monarch.

### Salient Features of the Indian Constitution

1. **Lengthiest Written Constitution**: The Indian Constitution is one of the most detailed
and comprehensive written constitutions in the world. It originally contained 395 articles in
22 parts and 8 schedules.

2. **Federal System with Unitary Bias**: India has a federal system of government with a
division of powers between the central and state governments. However, it has a unitary
bias, with more powers vested in the central government.

3. **Parliamentary System**: The Constitution establishes a parliamentary system of

government where the executive is responsible to the legislature. The President is the
nominal executive, while the real executive powers are vested in the Prime Minister and the
Council of Ministers.

4. **Fundamental Rights**: The Constitution guarantees six fundamental rights to the

citizens:
- Right to Equality
- Right to Freedom
- Right against Exploitation
- Right to Freedom of Religion
- Cultural and Educational Rights
- Right to Constitutional Remedies

5. **Directive Principles of State Policy**: These are guidelines for the central and state
governments to be kept in mind while framing laws and policies. They aim to create social
and economic conditions under which citizens can lead a good life.

6. **Fundamental Duties**: The Constitution outlines the duties of every citizen, added by
the 42nd Amendment in 1976. These include respecting the Constitution, the national flag,
and the national anthem, among others.

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7. **Independent Judiciary**: The Constitution establishes an independent judiciary with
the Supreme Court at the apex. It ensures the rule of law and protects the fundamental rights
of citizens through judicial review.

8. **Single Citizenship**: Unlike federal systems in some countries, the Indian Constitution
provides for single citizenship for all Indians, irrespective of the state of their domicile.

9. **Universal Adult Suffrage**: The Constitution provides for universal adult suffrage,
allowing every citizen above the age of 18 the right to vote without any discrimination.

10. **Secular State**: The Indian Constitution promotes the idea of a secular state, ensuring
that the state treats all religions equally and does not uphold any religion as the state
religion.

11. **Amendment Procedure**: The Constitution provides for a flexible amendment

process. It can be amended by the Parliament to adapt to changing needs and
circumstances, though certain provisions require a special majority.

12. **Emergency Provisions**: The Constitution includes provisions for the declaration of
emergency in case of war, external aggression, or armed rebellion, as well as for financial or
constitutional crises.

These features make the Indian Constitution a dynamic and comprehensive document that
guides the governance and functioning of the country.