This post marks the start of posts on Indian Polity. Before we jump into the ocean-size subject, let's take a glimpse of what happened before the Indian Constitution came into force i.e., January 26th 1950.
Indian National Congress(INC) officially demands the British to setup a constituent assembly to frame the constitution of India.
A change of government took place in Britain in May, 1940 and Winston Churchill became the prime minister (1940–45). As the war(WW-II) was taking a menacing turn congress offered to cooperate in the war if transfer of authority in India is done to an interim government. The governments response was a statement of the viceroy known as the august offer. On 8 August 1940, early in the Battle of Britain, the Viceroy of India, Lord Linlithgow, made the so-called August Offer, a fresh proposal promising:
In return, it was hoped that all parties and communities in India would cooperate in Britain's war effort. The declaration marked an important advance over the existing state of things, as it recognised at least the natural and inherent right of the people of the country to determine the form of their future constitution, and explicitly promised dominion status. However, The Congress Working Committee and the Muslim League on August 21, 1940 rejected this offer, and asserted its demand for complete freedom from the imperial power. Muslim League further demanded for partition of India.
Sir Stafford Cripps, member of the cabinet of Winston Churchill came to India with a proposal of the British Government on framing of an Independent Indian Constitution to be adopted after the WW II. Muslim League rejected this proposal demanding a partition of India into two separate states with two constituent assemblies.
The main proposals of the Cripp's mission were as follows:
Indian Independence Act, 1947 made India attain 'dominion' status from its previous 'colony' status. The Indian Independence Act made the Assembly fully sovereign body, legislative body. Whenever the Assembly met as a Constituent body, Dr. Rajendra Prasad was the Chair and when it met as legislative body G.V Mavlankar would chair. Muslim league members left the assembly making the strength (299 = 229 Indian Provinces seats + 70 Princely state seats).
1934 A.D
The idea of Constituent Assembly was put forward for the first time by M. N. Roy, a pioneer of Communist movement in India and an advocate of Radical democratism.
'A constituent assembly or a constitutional convention or constitutional assembly, is a body or assembly of representatives composed for the purpose of drafting or adopting a constitution.'
1935 A.D
Indian National Congress(INC) officially demands the British to setup a constituent assembly to frame the constitution of India.
1940 A.D
A change of government took place in Britain in May, 1940 and Winston Churchill became the prime minister (1940–45). As the war(WW-II) was taking a menacing turn congress offered to cooperate in the war if transfer of authority in India is done to an interim government. The governments response was a statement of the viceroy known as the august offer. On 8 August 1940, early in the Battle of Britain, the Viceroy of India, Lord Linlithgow, made the so-called August Offer, a fresh proposal promising:
- The expansion of the Executive Council to include more Indians.
- The establishment of an advisory war council, giving full weight to minority opinion, and
- The recognition of Indians' right to frame their own constitution (after the end of the war). But the constituent assembly will have both British officials and Indians from different states.
In return, it was hoped that all parties and communities in India would cooperate in Britain's war effort. The declaration marked an important advance over the existing state of things, as it recognised at least the natural and inherent right of the people of the country to determine the form of their future constitution, and explicitly promised dominion status. However, The Congress Working Committee and the Muslim League on August 21, 1940 rejected this offer, and asserted its demand for complete freedom from the imperial power. Muslim League further demanded for partition of India.
1942 A.D
The main proposals of the Cripp's mission were as follows:
- An Indian Union with a dominion status would be set up. It would be free to decide its relations with the Commonwealth and free to participate in the United Nations and other international bodies.
- After the end of the war, a constituent assembly would be convened to frame a new constitution. Members of this assembly would be partly elected by the provincial assemblies through proportional representation and partly nominated by the princes.
- The British Government would accept the new constitution subject to two conditions.(i) any province not willing to join the Union could have a separate constitution and form a separate Union, and (ii) the new constitution- making body and the British Government would negotiate a treaty to effect the transfer of power and to safeguard racial and religious minorities.
- In the meantime, defense of India would remain in British hands and the governor-general’s powers would remain intact.
1945 A.D
The Simla Conference was a 1945 meeting between Viceroy Archibald Wavell and the major political leaders of India at Simla, India. Convened to agree on and approve the Wavell Plan for Indian self-government. The conference broke down on the insistence of Jinnah that his party should have an exclusive right to nominate Muslim members of the Viceroy’s Executive Council. This was something which the Congress could not concede without repudiating its national composition. This scuttled the conference, and perhaps the last viable opportunity for a united, independent India.
On June 14, 1945, Lord Wavell came out with a plan which had the following schemes:
- A new Executive Council was to be formed at the Centre in which all but the Viceroy and the Commander in Chief will be Indians. This executive council was for the time being till a new permanent constitution could be agreed upon and come to force.
- All portfolios except the Defense would be held by the Indian Members.
1946 A.D
The United Kingdom Cabinet Mission of 1946 to India aimed to discuss and plan for the transfer of power from the British Government to Indian leadership, providing India with independence. Formulated at the initiative of Clement Attlee, the then Prime Minister of the United Kingdom(Labour party), the mission consisted of Lord Pethick-Lawrence, the Secretary of State for India, Sir Stafford Cripps, President of the Board of Trade, and A. V. Alexander, the First Lord of the Admiralty. Lord Wavell, the Viceroy of India, did not participate.
The Cabinet Mission's purpose: i. Hold preparatory discussions with elected representatives of British India and the Indian states in order to secure agreement as to the method of framing the constitution. ii. Set up a constitution body. iii. Set up an Executive Council with the support of the main Indian parties.
Plan of 16 May: Promulgated on 16 May 1946, the plan to create a united dominion of India as a loose confederation of provinces came to be known by the date of its announcement:
- A united Dominion of India would be given independence. Muslim-majority provinces would be grouped - Sind, Punjab and North-West Frontier Province would form one group, and Bengal and Assam would form another. Hindu-majority provinces in central and southern India would form another group.
- The Central government, stationed in Delhi, would be empowered to handle nationwide affairs, such as defense, currency, and diplomacy, while the rest of powers and responsibility would belong to the provinces, coordinated by groups.
Plan of 16 June: The plan of 16 May 1946 had envisaged a united India in line with Congress and Muslim League aspirations. But, it failed as INC feared that the idea of grouping India on basis of religion with intention of 'balancing' each other at central legislature would lead to communal distress. However, Muslim league was backing the idea of 'groups' to ensure the prevention of absolute rule of Hindus over Muslims. Reaching an impasse, the British proposed a second, alternative plan on 16 June 1946. This plan sought to arrange for India to be divided into Hindu-majority India and a Muslim-majority India that would later be renamed Pakistan. A list of princely states of India that would be permitted to accede to either dominion or attain independence was also drawn up.
Constituent Assembly was finally constituted in November 1946 under the scheme formulated by the Cabinet Missions plan of 16th June.
Timeline:
December 9th, 1946: First meeting of the constituent assembly. Total strength (389 = 296 British Indian seats and 93 Princely states seats). Muslim League boycotts demanding for a separate Muslim nation. Princely states stay away from the constituent assembly.
December 13th, 1946: Jawaharlal Nehru moved the Historic Objectives Resolution which would later become the core of PREAMBLE OF INDIAN CONSTITUTION.
January 22nd, 1947: The Objectives Resolution was unanimously adopted by the Assembly.
April 28th, 1947: Representatives of six princely states join the constituent assembly.
June 3rd, 1947: The historic Mountbatten plan for partition of Country was accepted by the members. All the princely states and the members of Muslim Leagues from Indian Dominion also entered the assembly.
July, 1947: Adopted the national flag of DOMINION OF INDIA. The flag is based on the Swaraj flag, a flag of the Indian National Congress designed by Pingali Venkayya. It continued to be the flag of REPUBLIC OF INDIA.
August 15th, 1947
Indian Independence Act, 1947 made India attain 'dominion' status from its previous 'colony' status. The Indian Independence Act made the Assembly fully sovereign body, legislative body. Whenever the Assembly met as a Constituent body, Dr. Rajendra Prasad was the Chair and when it met as legislative body G.V Mavlankar would chair. Muslim league members left the assembly making the strength (299 = 229 Indian Provinces seats + 70 Princely state seats).
May 1949: Constituent Assembly ratified the India's membership of Commonwealth.
November 26th, 1949: Indian Constitution was adopted.
January 24th, 1950: Indian National Anthem was adopted.
January 26th, 1950: Indian Constitution came into force.
Till August 15th,1947: India was a colony of British Empire.
From 15th August, 1947 - January 26th, 1950: India was a dominion under British.
After January 26th, 1950: India became sovereign democratic republic. Article 395 of the Indian constitution therefore repeals the Indian Independence Act, 1947. Hence republic of India came into being replacing the Government of India Act, 1935.
FYI: Pakistan remained dominion under British from 14th August 1947 and 23rd March 1956.
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