No More Learning

"His Majesty's Government will negotiate agreements in regard
to matters arising out of the transfer of power with representatives
of those to whom they propose to transfer power.
“His Majesty's Government believe that British commercial and
industrial interests in India can look forward to a fair field for
their enterprise under the new conditions. The commercial con-
nection between India and the United Kingdom has been long and
will continue to be to their mutual advantage.
"His Majesty's Government cannot conclude the statement with-
out expressing on behalf of the people of this country their good-
will and good wishes towards the people of India as they go forward
to this final stage in their achievement of self-government. It will
be the wish of everyone in these Islands that, notwithstanding con-
stitutional changes, the association of the British and Indian peoples


## p. 686 (#726) ############################################

686 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
should not be brought to an end, and they will wish to continue to
do all that is in their power to further the well-being of India. ”
Mr. Attlee also announced that Lord Mountbatten was to suc-
ceed Lord Wavell as the Viceroy of India and he was to be entrust-
ed with the task of transferring into the hands of the Indians the
responsibility for the Government of British India in a manner that
would best ensure the future happiness and prosperity of India.
After the February Declaration, the Muslim League resorted to
Direct Action. There was a wear and tear campaign in favour
of Pakistan. There were very serious riots in the Punjab in which
horrible atrocities were committed on the minorities, particularly
the Sikhs. There was arson, looting, violence and murders. There
was trouble in the North-West Frontier Province. It is regrettable
that the British Government in India took no action against the
workers of the Muslim League. While on previous occasions, the
Congress workers while hoisting the national flag on the Govern-
ment buildings were shot dead, absolutely no action was taken
against Muslim women and youngmen who climbed the Secretariat
with the help of staircases and hoisted the flag of the Muslim
League. The Muslim League volunteers were surrounded, put in
trucks and left off after giving them a joy-ride for a few miles. That
certainly heartened them to do more and more.
JUNE 3 PLAN (1947)
Lord Mountbatten assumed office as Governor-General and
Viceroy of India on 24 March, 1947. The situation at that time
was explosive. Riots were taking place at that time on a large
scale. It appeared that it was not possible to maintain the unity
of India under any circumstances. Mr. Jinnah declared that the
"Muslim League will not yield an inch in its demand for Pakistan”
and he had the backing of the British bureaucracy in India in this
demand. Hectic negotiations continued between Lord Mountbat-
ten on the one hand and the Muslim League leaders and the Con-
gress Leaders on the other. Ultimately Lord Mountbatten broad-
cast on 3 June, 1947, his famous Plan which laid down the method
by which power was to be transferred from British to Indian hands.
In that Plan, it was declared that if the areas with a majority of
Muslim population desired that they should be allowed to form a
separate dominion, a new Constituent Assembly would be set up
for that purpose. However, in that case, there would be a parti-
tion of Bengal and Punjab if the representatives of their Legislative
Assemblies so desired. "The members of two parts of each Legisla-
tive Assembly sitting separately will be empowered to vote whether


## p. 687 (#727) ############################################

JUNE 3 PLAN
687
or not the provinces should be partitioned. If a simple majority
of either part decides in favour of partition, partition will take
place and arrangements would be made accordingly. ” The Legis-
lative Assembly of Sind was to make its own decision at a special
meeting. A decision by referendum was provided for in the case
of North-West Frontier Province. The Muslim majority District
of Sylhet was to decide by a referendum whether it would join East
Bengal or remain in Assam. There was to be a Boundary Com-
mission to settle the details of the boundaries in case the partition
of Bengal and Punjab was decided upon. The statement conclud-
ed thus: "His Majesty's Government propose to introduce legisla-
tion during the current session for the transfer of power this year
on a Dominion Status basis on one or two successor authorities ac-
cording to decisions taken as a result of this announcement. This
will be without prejudice to the right of the Indian Constituent
Assemblies to decide in due course whether or not the part of India
in respect of which they have authority will remain the British
Commonwealth. "
In his broadcast, Lord Mountbatten declared: “The whole Plan
may not be perfect; but like all Plans, its success will depend on
the spirit of goodwill with which it is carried out. I have always
felt that once it was decided in what way to transfer power the
transfer should take place at the earliest possible moment, but the
dilemma was that if we waited until a constitution set for All-India
was agreed, we should have to wait a long time, particularly if
partition were decided on, whereas if we handed over power before
the Constituent Assemblies had finished their work, we should leave
the country without a constitution. The solution to this dilemma
which I put forward, is that His Majesty's Government should trans-
fer power now to one or two Governments of British India each
having Dominion Status as soon as the necessary arrangements can
be made. This I hope will be within the next few months. ”
This historic pronouncement was received with mixed feelings
by the public. The Hindus and nationalists of all persuasions dep-
lored the partition of India. The Muslim League was not fully
satisfied with the "truncated and moth-eaten Pakistan. " However,
it was agreed that the June 3 Plan was the best practicable solu-
tion of the Indian problem as could be worked out under the cir-
cumstances. No wonder, the Plan was accepted both by the
Muslim League and the Congress. The Legislatures of the Punjab
and Bengal decided in favour of the partition of those provinces.
Two Boundary Commissions were appointed by the British Gov-
ernment for the Punjab and Bengal with Sir Cyril Radcliffe
Chairman of both. The referendum in North-West Frontier Pro-
as


## p. 688 (#728) ############################################

688 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
vince went in favour of Pakistan. Sylhet also decided to join
Pakistan.
INDIAN INDEPENDENCE ACT, 1947
In pursuance of the June 3 Plan, the Indian Independence Bill
was presented before the British Parliament on 4 July, 1947 and
the same was passed by the British Parliament on 18 July, 1947,
without any dissent. The Indian Independence Act provided for
the partition of India and the establishment of two Dominions of
India and Pakistan from the appointed day (August 15, 1947).
It also provided for the legislative supremacy of the two Dominions.
The legislatures of the two Duminions were given full power to
make laws having extra-territorial jurisdiction. The British Gov-
ernment was to have no control over the affairs of the Dominions,
provinces or any part of the Dominions after August 15, 1947.
Until a new constitution was framed for each Dominion, the Act
made the existing Constituent Assemblies the Dominion Legislatures
for the time being. The Assemblies were to exercise all the powers
which were formerly exercised by the Central Legislature in addi-
tion to its power regarding the framing of a new constitution.
Pending the framing of a new constitution, each of the Dominions
and all the provinces were to be governed in accordance with the
Government of India Act, 1935. Each Dominion was authorised
to make modifications in the Government of India Act, 1935. The
Governor-General was given the power to modify or adapt the
Government of India Act, 1935, as might be considered necessary
till March 31, 1948. After that date, it was open to the Constitu-
ent Assembly to modify or adopt the old Government of India Act,
1935. The right of the King to veto laws or to reserve laws for
his pleasure was given up. This right was given to the Governor-
General. He was given the full right to assent in the name of His
Majesty to any law of the Dominion Legislature made in the ordi-
nary legislative capacity. The Act provided for the termination
of the suzerainty of the Crown over the Indian States. All treaties,
agreements and functions exercisable by His Majesty with regard
to the states and their rulers were to lapse from August 15, 1947.
The existing arrangements between the Government of India and
the Indian states were to continue pending the detailed negotiations
between the Indian states and the new Dominions. Agreements
with the tribes of the North-West Frontier Province of India were
to be negotiated by the successor Dominion. The office of the
Secretary of State for India was to be abolished and his work was
to be taken over by the Secretary of State for Commonwealth


## p. 689 (#729) ############################################

DEMAND FOR CONSTITUENT ASSEMBLY
689
Affairs. The title of Emperor of India was to be dropped from the
royal style and titles of the King of England. The Act terminated
British authority over India and set up two independent Domini-
ons, each with full authority to make its own constitution. Both
the Dominions were given full freedom. They could leave the
British Commonwealth of Nations if they so pleased.
In terms of the provisions of the Indian Independence Act, Pakis-
tan got her independence on 14 August, 1947 and India on 15
August, 1947. While Mr. M. A. Jinnah became the Governor-Gene-
ial of Pakistan, Lord Mountbatten was requested by the Govern-
ment of India to continue as the Governor-General of India.
On the night of 14 August, 1947, when the independence of
India was declared, Jawaharlal Nehru addressed the members of
the Constituent Assembly in these words: “Long years ago we made
a tryst with destiny, and now the time comes when we shall redeem
our pledge, not wholly or in full measure, but very substantially.
At the stroke of the midnight hour, when the world sleeps, India
will awake to life and freedom. A moment comes, which comes
but rarely in history, when we step out from the old to the new,
when an age ends, and when the soul of a nation, long suspended,
finds utterance. It is fitting that at this solemn moment we take
the pledge of dedication to the service of India and her people and
to the still larger cause of humanity. ”
DEMAND FOR CONSTITUENT ASSEMBLY
The claim that the Constitution of India should be framed by
the people of India, through their chosen representatives, was first
put forward by a few advanced Indian nationalists during the first
World War when the British statesmen enunciated the famous
principle of self-determination for all nations, whether big or small.
However, after the end of the War, the Indian claim was not con-
ceded. The Preamble of the Government of India Act, 1919, speci-
fically stated thus: “And whereas the time and manner of each
advance can be determined only by Parliament upon whom res-
ponsibility lies for the welfare and advancement of the Indian
people. . . . . " In spite of this repudiation by the British Govern-
ment of India's demand for seif-determination, the demand began
to grow stronger and stronger with the lapse of time. Mahatma
Gandhi wrote thus in 1922: "Let us see clearly what Swaraj to-
gether with the British connection means. It means undoubtedly
India's ability to declare her independence if she wishes. Swaraj,
therefore, will not be a free gift of the British Parliament. It will
be a declaration of India's full expression. That it will be express-


## p. 690 (#730) ############################################

690 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
A
ed through an Act of Parliament is true. But it will be merely a
courteous ratification of the declared wish of the people of India,
even as it was in the case of the Union of South Africa. Not an
unnecessary adverb could be altered by the House of Commons.
The ratification in our case will be a treaty to which Britain will
be a party. Such Swaraj may not come this year, may not come
within our own generation. But I have contemplated nothing
less. The British Parliament when the settlement comes, will
ratify the wishes of the people of India as expressed not through the
bureaucracy but through her freely chosen representatives. '
Under the inspiration of Mrs. Annie Besant, an attempt was
made by the Liberal members of the Central Legislative Assembly
in 1922 and 1923 to call a national convention "in order to obtain
for the Commonwealth of India Dominion Status in her external
relations and Swaraj in her internal affairs. ” A National Confer-
ence was held in New Delhi in February, 1923, with a view to
make arrangements for the calling of such a convention after the
elections of 1923, but the scheme did not fructify.
In 1924, the Swarajist Party put forward the demand in the
Central Legislative Assembly for the convening of a representative
Round Table Conference or Convention for recommending a
scheme of a Constitution for India which, after it was approved by
a newly elected Indian Legislature, was to be submitted to the Bri-
tish Parliament for enactment in the form of a statute. On the
occasion of the consideration o: the Muddiman Committee Report
in 1925, a similar demand was made in the Central Legislative
Assembly. Instead of accepting the national demand, Lord Bir-
kenhead, the then Secretary of State for India, threw out a chal-
lenge to the Swarajist members “to produce a Constitution which
carries behind it a fair measure of general agreement among the
great peoples of India. " He repeated the challenge twice and the
last time on the occasion of the appointment of the Simon Com-
mission in 1927. The challenge was accepted by Indian leaders
and the result was the Nehru Report which did receive "a fair
measure of general agreement among the great people of India. "
The idea of an Indian Constituent Assembly was put forward for
the first time by Mr. M. N. Roy. However, the idea did not go
beyond the stage of an isolated suggestion. It did not attract much
public attention and it was not taken up by any political organiza-
Although the Congress accepted the Constituent Assembly
method in 1934, many Congress leaders continued to believe in
the conference method. To quote Jawaharlal Nehru, “Some of
the Congress leaders, while accepting the idea of the Constituent
Assembly, have tried to tone it down and make it not very unlike


## p. 691 (#731) ############################################

DEMAND FOR CONSTITUENT ASSEMBLY
691
a large All-Parties' Conference after the old model. ” The idea of
a Constituent Assembly entered Indian politics as a counterpoise to
the White Paper proposals of 1933 as issued by the British Govern-
ment. On 7 April, 1934, Mahatma Gandhi recommended the sus-
pension of Civil Resistance for Swaraj' and approved the proposal
to revive the Swaraj Party. A conference of those Congress leaders
who believed in fighting the Constitution from within the Councils
was held in May, 1934, and the constitution of the new Swaraj
Party was adopted. The following resolution was passed: “Where-
as this conference is of opinion that the proposal of His Majesty's
Government for the new constitution of the Government of India
contained in the White Paper is considered as a whole not only a
negation of the national demand made by Mr. Gandhi on behalf
of the Congress at the second Round Table Conference and calcu-
lated to perpetuate the political subjection and economic exploita-
tion of the Indian people, this conference resolves that the Swaraj
Party should take all necessary steps to secure the rejection of these
proposals by the country. This conference claims for India, in
common with other nations, the right of self-determination and is
of opinion that the only method of applying that principle is to
convene a Constituent Assembly representative of all sections of
the Indian people to frame an acceptable constitution This con-
ference is further of opinion that the consideration of the accept-
ance or rejection of the mode and proportion of representation as
contained in the Communal Award is premature at this stage. The
time for considering the same will arrive when the Constituent
Assembly is convened. ” The All-India Congress Committee which
met in May, 1934, accepted Mahatma Gandhi's recommendation
to suspend mass Civil Resistance and set up a Congress Parliamen-
tary Board for running and controlling the coming elections on the
issue of the rejection of the White Paper proposals and the sum-
moning of a Constituent Assembly for framing the new Indian
Constitution.
Although the idea of an Indian Constituent Assembly was popu-
larized by the Swaraj Party during the council elections of 1934,
many of the Congress leaders considered the Constituent Assembly
to be merely an enlarged edition of an all-Parties' Conference or a
sort of an Indian Round Table Conference. They did not realize
that “the whole idea behind the Constituent Assembly is that it
should be elected on a very wide mass basis, drawing its strength
and inspiration from the masses. " It was Jawaharlal Nehru
who put forward the idea of a true Constituent Assembly and
popularized the same among the people of India. The result was
that the Congress passed the fclowing resolution on 28 December,


## p. 692 (#732) ############################################

692 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
1936, at its Faizpur session: “The Congress reiterates its entire
rejection of the Government of India Act, 1935, and the constitu-
tion that has been imposed on India against the declared will of the
people of the country. In the opinion of the Congress, any co-
operation with this constitution is a betrayal of India's struggle for
freedom and a strengthening of the hold of British Imperialism and
a further exploitation of the Indian masses who have been already
reduced to dire poverty under Imperialist domination. The Con-
gress, therefore, repeats its resolve not to submit to this constitution
or to co-operate with it, but to combat it, both inside and outside
the legislatures, so as to end it. The Congress does not and will
not recognize the right of any external power or authority to dic-
tate the political or economic structure of India and every such
attempt will be met by organized and uncompromising opposition
of the Indian people. The Indian people can only recognize a
constitutional structure which has been framed by them and which
is based on the independence of India as a nation which allows them
full scope for development according to their needs and desires.
The Congress stands for a genuine democratic state in India where
political power has been transferred to the people as a whole and
the Government is under their effective control. Such a state can
only come into existence through a Constituent Assembly, elected
by adult suffrage and having the power to determine finally the
constitution of the country. ”
Such was the position when the Second World War broke out
in 1939. The Government of India declared war against Germany
without the consent of the people of India or their representatives.
The result was that the Congress withdrew all co-operation from
the British Government, asked Britain to define her war aims and
to recognize "India's independence and the right of her people to
frame their Constitution through a Constituent Assembly. ” The
Congress ministers in the various Provinces resigned. On 14 Sep-
tember, 1939, the following resolution was passed by the Congress:
“The Committee wish to declare again that recognition of India's
independence and the right of her people to frame their constitu-
tion through a Constituent Assembly is essential in order to remove
the taint of Imperialism from Britain's policy and to enable the
Congress to consider further co-operation. They hold that the
Constituent Assembly is the only democratic method of determining
the constitution of a free country, and no one who believes in demo-
cracy and freedom can possibly take exception to it. The Working
Committee believe, too, that the Constituent Assembly alone is the
adequate instrument for solving communal and other difficulties.
This, however, does not mean that the Working Committee will


## p. 693 (#733) ############################################

DEMAND FOR CONSTITUENT ASSEMBLY
693
>
relax their efforts for arriving at a solution of the communal prob-
lem. This Assembly can frame a constitution in which the rights
of accepted minorities would be protected to their satisfaction and,
in the event of some matters relating to minority rights not being
mutually agreed to, they can be referred to arbitration. The Con-
stituent Assembly should be elected on the basis of adult suffrage,
the existing separate electorates being retained for such minorities
as desire them. The number of these members in the Assembly
should reflect their strength. ”
On 19 November, 1939, Mahatma Gandhi wrote an article in
the 'Harijan' under the title of “The Only Way. ” In that article,
the Mahatma declared that hard facts had made him more enthu-
siastic for the Constituent Assembly than Jawaharlal Nehru him-
self. “It is a remedy for our own communal and other distem-
pers besides being a vehicle for mass political and other education. "
A body based on unadulterated adult suffrage including both men
and women could do full justice to rival claims. Without that,
there could be no finality to communal and other claims. The
Constituent Assembly alone could provide a constitution indigenous
to the country and truly representing the people. “Such a consti-
tution will not be ideal, but it will be real. " “The Constituent
Assembly if it comes into being--as I hope it will—as a result of
an honourable settlement between us and the British people, the
combined wit of the best men of the two nations will produce an
Assembly that will reflect fairly and truly the best mind of India.
Look at the problem from any standpoint you like, it will be found
that the way to democratic Swaraj lies only through a properly con-
stituted Assembly call it by whatever name you like. All resources
must, therefore, be exhausted to reach the Constituent Assembly
before direct action is thought of. ”
Jawaharlal Nehru's conception of the Constituent Assembly
was somewhat different. He wrote thus in 1940 in "The Unity
of India': “I am convinced that there is no way for us if we aim
at real democratic freedom except through a Constituent Assembly.
It means the creation of a new State; it means the walking out
and away from the economic foundations and structure of Im-
perialism. This cannot be done by the wisest of lawyers sitting
in conclave; it cannot be done by small committees trying to ba-
lance interests and calling that constitution making; it can never
be done under the shadow of an external authority. it can only
be done effectively when the political and psychological conditions
are present, and the urge and the sanction come from the mas-
Hence the vital importance of adult suffrage. . . . . . We are
not asking for a gift. We are stating what we are proposing to
ses.


## p. 694 (#734) ############################################

694 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
a
have and are going to have sume time or other. We shall have
it when we are strong enough for it, no sooner, and probably
after a struggle. ”
The substance of the demand for a Constituent Assembly
was accepted by the British Government in the August offer of
1940. It was declared by the British Government that the
framing of a constitutional scheme should primarily be the res-
ponsibility of Indians themselves and should originate from In-
dian conceptions of the social, economic and political structure
of Indian life. ” Again, “His Majesty's Government authorize me
(Governor-General) to declare that they will most readily as-
sent to the setting up after the conclusion of the war with the
least possible delay of a body representative of the principal ele-
ments in India's national life in order to devise the framework
of the new Constitution. ”
The Cripps proposals of 1942 went a step further and laid
down the principles according to which the Constituent Assem-
bly was to be set up. To quote, “Immediately upon the result
being known of Provincial elections which will be necessary at the
end of hostilities, the entire membership of the Lower Houses of
Provincial Legislatures shall as a single electoral college proceed
to the election of the constitution-making body by the system of
proportional representation. This new body shall be in number
about one-tenth of the number of the electoral college. Indian
states shall be invited to appoint representatives in the same pro-
portion as to their total population as in the case of representa-
tives of British India as a whole and with the same powers as
British Indian representatives. ” In one of the Press conferences
which Sir Stafford Cripps held in Delhi, a Press correspondent
asked him the following pertinent question, “Exactly at what
stage does the British Government propose to leave this country? ”
Sir Stafford replied thus: “As soon as the Constitution-making
body has framed a new Constitution to take the place of the old
one, the British Government undertakes to accept and implement
the new one and the moment the new one comes into operation,
the change-over takes place. ”
This state of affairs continued till the ending of the Second
World War in 1945. When the Labour Party came to power
in England in 1945, it decided to send the famous Cabinet Mis-
sion which visited India in March, 1946. The joint statement
issued by the Cabinet Mission and Lord Wavell on 16 May, 1946,
gave a clear picture of the constitution-making machinery which
was to be set up by the British Government to frame a constitu-
tion for India. The Legislative Assemblies of the Provinces were


## p. 695 (#735) ############################################

CONSTITUENT ASSEMBLY SET UP
695
to elect the members of the Constituent Assembly on the basis of
one representative for one miilion of the population. The Sikh
and Muslim Legislators were to elect their quota on the basis of
their population. The representatives from the Provinces were
to divide themselves into Section A, Section B and Section C. “The
Sections shall proceed to settle the Provincial constitution for the
Provinces included in each section, and shall also decide whether
any Group constitution shall be set up for these Provinces and,
if so, with what Provincial subject the Group should deal. ” The
resolutions of the Union Constituent Assembly regarding major
communal issues were to require a majority of the representatives
present and voting of each of the two major communities. The
Chairman of the Constituent Assembly was to decide which re-
solutions raised communal issues and he was to consult the Fede-
ral Court before giving his decision.
According to the Cabinet Mission Scheme, the Constituent
Assembly was elected by the Provincial Assemblies in July, 1946.
Out of 296 seats for British India, the Congress captured 211 and
the Muslim League 73 seats. 93 seats allotted to the Indian
States were not filled up. After the formation of the Interim Gov-
ernment, the Constituent Assembly met on 9 December, 1946
under the Presidentship of Dr. Sachhidanand Sinha. Dr.
Ra-
jendra Prasad was elected its permanent Chairman on 11 Decem-
ber, 1946. The Constituent Assembly was not a sovereign body
at all as it was required to work within the frame-work of the
Cabinet Mission Scheme. Moreover, its great handicap was that
its members were elected by those who were themselves elected on
a very
narrow franchise. However, some of the most impor-
tant personalities of India of that time with the exception of
Mahatma Gandhi and Mr. Jinnah were present. The important
members of the Constituent Assembly were Jawaharlal Nehru,
Rajendra Prasad, Sardar Patel, Maulana Azad, Abdul Ghaffar
Khan, Dr. Radhakrishnan, K. M. Munshi, Sir Alladi Krishna-
swami Ayyar, H. N. Kunzru, Dr. M. R. Jayakar, G. B. Pant,
Purshottam Das Tandon, Acharya Kripalani, Dr. Ambedkar, T. T.
Krishnamachari, Liaquat Ali Khan, Sir Zafurallah Khan, Sir
Phiroz Khan Noon, Khwaja Nazim-ud-Din, Mr. H. S. Suhra-
wardy, Sir Hari Singh Gaur, Dr. Sachhidanand Sinha etc. Al-
though the Muslim League had joined the Interim Government, it
refused to take part in the deliberations of the Constituent As-
sembly and boycotted the same.
The first session of the Constituent Assembly held on 9 Dec-
cember, 1946 was attended by 207 members. Only 4 Muslim
members who were elected on Congress ticket were present. On


## p. 696 (#736) ############################################

696 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
13 December, 1946, Jawaharlal
Jawaharlal Nehru moved the Objectives
Resolution and the same was passed on 22 January, 1947. The
Resolution gave expression to the ideals and aspirations of the
people of India. It declared the fundamental objectives which
were to guide the Constituent Assembly in its deliberations. India
was to be an independent sovereign republic in which both Bri-
tish India and the Indian States were to be included. The units
were to be given a lot of autonomy and they were also to possess
residuary powers. It was declared that all power and authority
of the state was derived from the people. All people were to be
guaranteed and secured social, economic and political justice,
equality of status and equal opportunity before law. They were
guaranteed freedom of thought, expression, belief, faith, worship,
vocation, association and action subject to law and morality. The
minorities and backward and tribal people were guaranteed ade-
quate safeguards.
The first session of the Constituent Assembly lasted from 9
December to 23 December, 1946 and the second from 20 Jan-
uary, 1946 to 25 January, 1946. During the second session, the
Constituent Assembly set up a Steering Committee, a Committee
on the Order of Business, an Advisory Committee on Fundamen-
tal Rights and Minorities and a Union Powers Committee.
The third session of the Constituent Assembly lasted from 22
April, 1947 to 2 May, 1947. It is worthy of notice that the
Constituent Assembly up to now had done its work very slowly.
It had not taken any important decision to which the Muslim
League could object. It had kept itself strictly within the limits
laid down in the Cabinet Mission Scheme. . As by this time it
became certain that the Muslim League would not join the Con-
stituent Assembly, the latter took up in right earnest the work of
Constitution-making. Jawaharlal Nehru presented on 28 April,
1947 the Report of the Union Powers Committee. Sardar Patel
presented on 29 April, 1947 the Interim Report of the Advisory
Committee on Fundamental Rights and Minorities. The Consti-
tuent Assembly started discussing the fundamental rights. Before
adjourning on 2 May, 1947, the Constituent Assembly set up the
Union Constitution Committee under the Chairmanship of
Jawaharlal Nehru and the Provincial Constitutions Committee
under the Chairmanship of Sardar Patel.
The fourth session of the Constituent Assembly was held on
14 July, 1947. The Reports of the Committees on Union Con-
stitution and the Provincial Constitutions were presented. Like-
wise, the Reports of the Special Committees on Minorities, Fun-
damental Rights and the Tribal and Excluded Areas were also


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FRAMING THE CONSTITUTION
697
on 14
presented. The Report of the Ad Hoc Committee on the Sup-
reme Court was also presented. The Constituent Assembly be-
gan with a general discussion of the principles underlying the pro-
vincial constitutions. It adopted the national flag on 22 July,
1947. It started discussion on the principles of the Union Con-
stitution. After appointing the Chief Commissioners Provinces
Committee and the Expert Committee on Financial Relations, the
Constituent Assembly adjourned on 21 July, 1947.
The next session of the Constituent Assembly was held on 14
August, 1947. According to the terms of the Indian Indepen-
dence Act, 1947, the Constituent Assembly became a sovereign
body. It was not to work within the frame-work of the Cabi-
net Mission Scheme. It could frame any constitution it pleased.
From 15 August, 1947, the Constituent Assembly performed two
separate functions. It enacted ordinary laws for the country and
also framed the new Constitution of free India. This continued
up to 26 November, 1949 when the work of making the Constitu-
tion was completed.
The session of the Constituent Assembly which met
August, 1947 discussed the Second Report of the Committee on
Union Powers. That report was fundamentally different from
the earlier report and that was due to the passing of the Indian
Independence Act which removed the fetters from the powers of
the Constituent Assembly. While the previous report had pro-
vided for a weak centre, the second report provided for a strong
one. The report of the Advisory Committee on Minorities was
also discussed. The Reports on Fundamental Rights were also
discussed. On 29 August, 1947, a Drafting Committee of 7
members was set up with Dr. Ambedkar as Chairman. Its other
important members were K. M. Munshi, Sir Alladi Krishnaswami
Ayyar, T. T. Krishnamachari and Gopalswami Ayyangar.
The
draft on which the work of the Drafting Committee was based
was prepared by Sir B. N. Rau. The final draft was prepared
by S. N. Mukherji.
The Draft Constitution published in July, 1948. The
people of India were given 8 months to discuss the draft Consti-
tution and make their suggestions. It was on 4 November, 1948
that the general discussion on the draft constitution started and
the same continued till 9 November, 1948. Between 15 Novem-
ber, 1948 and 17 October, 1949, the draft was thoroughly dis-
cussed clause by clause. As many as 7,635 amendments were
proposed and 2,473 were actually discussed by the Constituent
Assembly. The draft was given the third reading from 14 Noy-
was


## p. 698 (#738) ############################################

698 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
ember to 26 November, 1949. The new Constitution was adopt-
ed on 26 November, 1949.
In all, there were 11 sessions of the Constituent Assembly. It
sat for two years, 11 months and 18 days. The consideration of
the draft constitution took 114 days and the Constitution came
into force on 26 January, 1950.
THE CONSTITUTION OF INDIA (1950)
The new Constitution of India consists of 395 Articles and 9
Schedules. It is divided into twelve Parts. Between 1950 and
1969, there have been 21 amendments of the Constitution. The
last amendment took place in April, 1967.
The Constitution of India contains a Preamble which secures
to all its citizens justice, social, economic and political, liberty of
thought, expression, belief, faith and worship and equality of sta-
tus and opportunity. It also aims at creating in all its citizens the
feelings of fraternity and also assures the dignity of the individual
and the unity of the nation. It also sets up in the country a
sovereign democratic republic.
To begin with, there were four kinds of states under the Consti-
tution, viz. , Part A States, Part B States, Part C States and Part D
States. Part A States were previously the Governors’ Provinces.
Part B States were previously ruled by the Indian princes. Part
C States were those which were formerly under the Chief Com-
missioners and Lieutenant-Governors. As a result of the seventh
Amendment of the Constitution made in 1956, the old distinc-
tion among the states was abolished. At present (1969), there
are only 17 states and ten Union Territories. The number of
States has fluctuated from time to time on account of agitations
from various quarters. The Government has already agreed to
set up a new state for the hilly areas of Assam. There is also going
on an agitation for a separate state of Telangana.
Persons born or domiciled in India, refugees who have migrated
to India from Pakistan and the Indians overseas who apply for
Indian citizenship, are Indian citizens. The Constitution has
adopted the principle of a single citizenship for the whole of India.
The constitution provides for a large number of fundamental
rights which are guaranteed to every citizen of India. Those
rights are to be found in Articles 12 to 35 of the Constitution.
The Supreme Court of India and the High Courts have been ap-
pointed the guardians of those fundamental rights and it must be
admitted that they have performed their duty faithfully. This is
conclusively proved by the judgment of the Supreme Court in the


## p. 699 (#739) ############################################

THE CONSTITUTION OF INDIA
699
case of Golak Nath v. State of Punjab (A. I. R. 1967 S. C.
1643). The fundamental rights guaranteed by the Constitution
are : right to equality before law, prohibition of discrimination on
grounds of religion, race, caste, colour, sex or place of birth, equa-
lity of oppportunity in matters of public employment, abolition of
untouchability, right to freedom of speech and expression, right
to assemble peacefully and without arms, the right to form asso-
ciations and unions, the right to move freely throughout the terri-
tory of India, the right to reside and settle in any part of India,
the right to acquire, hold and dispose of property, the right to
practise any profession or to carry on any occupation, trade or
business, the right to life and personal liberty, the right to freedom
from arrest and detention in certain cases, the prohibition of tra-
ffic in human beings and forced labour, the prohibition of employ-
ment of children in any factory or mine or in any other hazardous
work, the right to freedom of conscience and free profession, prac-
tice and propagation of religion, the freedom to manage religious
affairs, freedom as to payment of taxes for promotion of any par-
ticular religion, freedom as to attendance at religious instruction
or religious worship in certain educational institutions, protection
of interests of minorities, right of minorities to establish and ad-
minister educational institutions, right
right to property with certain
limitations and the right to constitutional remedies. It is worthy
of notice that Article 32 which gives the right to move the Sup-
reme Court for the enforcement of the fundamental rights is itself
a fundamental right. Article 33 gives the Parliament power to
modify the fundamental rights in their application to the Armed
Forces or the forces charged with the maintenance of public order.
The Constitution of India also contains what are known as the
Directive Principles of State Policy. These principles relate to
those matters which the Government of India is required to keep
in view for the welfare of the people of the country. It is true
that these cannot be enforced by a court of law but no Govern-
ment can afford to ignore them. Articles 36 to 51 of the Cons-
titution contain these Directive Principles of State Policy. Arti-
cle 38 provides that the state shall strive to promote the welfare
of the people by securing and protecting as effectively as it may a
social order in which justice, social, economic and political, shall in-
form all the institutions of national life. The state shall, in par-
ticular, direct its policy towards securing that the citizens, men
and women equally, have the right to adequate means of livelihood,
that the ownership and control of the material resources of the
community are so distributed as best to subserve the common good,
that the operation of the economic system does not result in the


## p. 700 (#740) ############################################

700 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
concentration of wealth and means of production to the common
detriment, that there is equal pay for equal work for both men
and women, that the health and strength of workers, men and wo-
men, and the tender age of children are not abused and that the
citizens are not forced by economic necessity to enter avocations
unsuited to their age or strength and that childhood and youth
are protected against exploitation and against moral and material
abandonment. It shall take steps to organise village Panchayats
and endow them with powers and authority to enable them to
function as units of self-government. It shall make effective provi-
sion for securing the right to work, to education, and to public
assistance in cases of unemployment, old age, sickness and disable-
ment and any other cases of undeserved want.
It shall make pro-
vision for securing just and humane conditions of work and for
maternity relief. It shall endeavour to secure to all workers a
living wage, conditions of work ensuring a decent standard of life
and full enjoyment of leisure and social and cultural opportunities.
It shall endeavour to promote cottage industries on an individual
or co-operative basis in rural areas. It shall endeavour to secure
for the citizens a uniform civil code throughout the territory of
India. It shall endeavour to provide for free and compulsory edu-
cation for all children until they complete the age of 14. It shall
promote with special care the educational and economic interests
of the weaker sections of the people. It shall raise the level of
nutrition and the standard of living and improve public health.
It shall endeavour to organise agriculture and animal husbandry
on modern and scientific lines. It shall protect monuments and
places and objects of national importance. It shall take steps to
separate the judiciary from the executive. It shall endeavour to
promote international peace and security, maintain just and ho-
nourable relations between nations, foster respect for international
law and treaty obligations in the dealings of organised peoples with
cne another and encourage settlement of international disputes by
arbitration.
The constitution provides for a President of the Indian Republic.
He is to be elected indirectly by an electoral college cunsisting of
the elected members of both houses of Parliament and Legislatures
of the States. The President must be a citizen of India.
He must
have completed the age of 35 and he must be qualified for elec-
tion as a member of Lok Sabha or House of the People. He is
not eligible for election if he holds a job under the Government.
He holds office for five years but he can be re-elected. He gets a
salary of Rs. 10,000 in addition to other allowances. He can be
impeached for the violation of the constitution. The constitution


## p. 701 (#741) ############################################

THE CONSTITUTION OF INDIA
701
provides a special procedure for the impeachment of the Presi-
dent. The President has been given a large number of powers in
the executive, legislative and judicial fields. He is authorised to
act in times of emergency. He is expected to act as a constitu-
tional head like the King of England.
The Vice-President of India is the ex-officio Chairman of the
Council of States. Any citizen of India who is 35 years of age
or more and who is qualified for the membership of Rajya Sabha
or Council of States can be elected to this office by both the Houses
of Parliament. When the President is ill or resigns or dies or is
removed or is absent for any other reason, his place is taken over
by the Vice-President of India for the time being.
The Constitution provides for a Council of Ministers to assist
the President. The President is to appoint the Prime Minister, but
the other Ministers are to be appointed by him on the advice of the
Prime Minister. All the ministers are collectively responsible to
the House of the People. It is the duty of the Prime Minister to
communicate to the President all the decisions arrived at in the
Cabinet. The Prime Minister is the link between the President
and the Cabinet. His position is the same as that of the Prime
Minister of England.
The Indian Parliament consists of two Houses: Lok Sabha and
Rajya Sabha. Lok Sabha or House of the People consists of 500
members elected by the voters in the States and 25 members cho-
sen by the Union Territories. Every adult or grown-up citizen of
India has been given the right to vote. The life of Lok Sabha
Lok Sabha has a Speaker and a Deputy Speaker.
Rajya Sabha is a permanent body of 250 members. 238 mem-
bers are elected by States and Union Territories and
12 mem-
bers are nominated by the President on the ground of their hav-
ing special knowledge or practical experience in respect of litera-
ture, science, art and social service. A member of Rajya Sabha
must be a citizen of India and he must be not less than 30 years
is five years.
of age.
The constitution provides for Supreme Court of India consisting
of Chief Justice of India and not more than 7 other judges. How-
ever, the number can be increased by an Act of Parliament and
the same has actually been done. An Act of 1956 fixed the num-
ber at 10 but 3 more judges were added by an Act of 1960. All
the judges of the Supreme Court are appointed by the President.
They hold office during good behaviour till the age of 65. Pro-
vision has also been made for the appointment of ad hoc judges
of the Supreme Court. The Supreme Court has been given both
original and appellate jurisdiction. As regards its original juris-


## p. 702 (#742) ############################################

702 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
diction, it can try any dispute between the Government of India
and one or more States or between the Government of India and
any State or States on one side and one or more States on the other,
or between two or more States if and in so far as the dispute in-
volves any question, whether of law or fact, on which the existence
or extent of a legal right depends. The Supreme Court has the
power to issue directions or orders in the nature of writs of Hebeas
Corpus, ‘mandamus', prohibition, 'quo warranto' and 'certiorari’
or any of them for the enforcement of fundamental rights. The
appellate jurisdiction of the Supreme Court is of three kinds :
constitutional, civil and criminal. An appeal can be taken from
a High Court to the Supreme Court if a case involves a substan-
tial question of law with regard to the interpretation of the cons-
titution. In civil cases, an appeal lies tơ the Supreme Court if
the value of the subject-matter of the dispute is not less than
Rs. 20,000. In criminal cases, an appeal lies to the Supreme
Court if the High Court on appeal reverses an order of acquittal
of an'accused person and sentences him to death. An appeal also
lies if the High Court tries the accused and sentences him to
death. Provision is made for the increase of its powers in criminal
cases by Parliament. The Supreme Court has also advisory juris-
diction. It advises the President on questions of law and fact. It
has the power to grant special leave to appeal in certain cases. It
has the power of review.
The constitution provides for a High Court for every State.
Every High Court consists of a Chief Justice and such other judges
as the President of India may from time to time think fit. Every
judge is required to retire at the age of 62.