COMMITTEES OF THE CONSTITUENT ASSEMBLY

Committees of the Constituent Assembly

    The Constituent Assembly established several committees to address various tasks involved in the constitution-making process. Among these, eight were major committees while others were classified as minor committees. Below is a list of the major and minor committees along with their respective Chairmen:

Major Committees

1. Union Powers Committee– Chairman: Jawaharlal Nehru

2. Union Constitution Committee– Chairman: Jawaharlal Nehru

3. Provincial Constitution Committee– Chairman: Sardar Patel

4. Drafting Committee– Chairman: Dr. B.R. Ambedkar

5. Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas– Chairman: Sardar Patel. This committee included the following five sub-committees:

• • • • Fundamental Rights Sub-Committee– Chairman: J.B. Kripalani
      • Minorities Sub-Committee– Chairman: H.C. Mukherjee
      • North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee– Chairman: Gopinath Bardoloi
      • Excluded and Partially Excluded Areas (other than those in Assam) Sub-Committee– Chairman: A.V. Thakkar
      • North-West Frontier Tribal Areas Sub-Committee– Chairman: (Not specified)

6. Rules of Procedure Committee– Chairman: Dr. Rajendra Prasad

7. States Committee (Committee for Negotiating with States)– Chairman: Jawaharlal Nehru

8. Steering Committee– Chairman: Dr. Rajendra Prasad

Minor Committees

1. 1. Finance and Staff Committee– Chairman: Dr. Rajendra Prasad
   2. Credentials Committee– Chairman: Alladi Krishnaswamy Ayyar
   3. House Committee– Chairman: B. Pattabhi Sitaramayya
   4. Order of Business Committee– Chairman: Dr. K.M. Munshi
   5. Ad-hoc Committee on the National Flag– Chairman: Dr. Rajendra Prasad
   6. Committee on the Functions of the Constituent Assembly– Chairman: G.V. Mavalankar
   7. Ad-hoc Committee on the Supreme Court– Chairman: S. Varadachari (Not a member of the Assembly)
   8. Committee on Chief Commissioners’ Provinces– Chairman: B. Pattabhi Sitaramayya
   9. Expert Committee on the Financial Provisions of the Union Constitution– Chairman: Nalini Ranjan Sarkar (Not a member of the Assembly)
   10. Linguistic Provinces Commission– Chairman: S.K. Dar (Not a member of the Assembly)
   11. Special Committee to Examine the Draft Constitution– Chairman: Jawaharlal Nehru
   12. Press Gallery Committee– Chairman: Usha Nath Sen
   13. Ad-hoc Committee on Citizenship– Chairman: S. Varadachari (Not a member of the Assembly)

Drafting Committee

Among all the committees, the most crucial was the Drafting Committee, formed on August 29, 1947. This committee was tasked with drafting the new Constitution and comprised seven members:

1. 1. B.R. Ambedkar(Chairman)
   2. Gopalaswamy Ayyangar
   3. Alladi Krishnaswamy Ayyar
   4. K.M. Munshi
   5. Syed Mohammad Saadullah
   6. Madhava Rau(Who replaced B.L. Mitter, who resigned due to health issues)
   7. T. Krishnamachari(Who replaced D.P. Khaitan, who passed away in 1948)

The Drafting Committee carefully considered the recommendations from various committees and created the first draft of the Constitution of India, published in February 1948. The public was given eight months to discuss the draft and propose amendments. Based on the feedback received, the Drafting Committee produced a second draft, which was published in October 1948.

The Drafting Committee completed its draft in less than six months and convened for a total of just 141 days.

Enactment of the Constitution

      Dr. B.R. Ambedkar presented the final draft of the Constitution to the Constituent Assembly on November 4, 1948, marking the first reading. A general discussion on the draft took place over five days, concluding on November 9, 1948.

      The second reading, which involved a clause-by-clause examination of the draft, commenced on November 15, 1948, and concluded on October 17, 1949. During this phase, a total of 7,653 amendments were proposed, with 2,473 actively discussed by the Assembly.

     The third reading started on November 14, 1949. Dr. Ambedkar moved a motion stating, “the Constitution as settled by the Assembly be passed.” This motion was officially passed on November 26, 1949, with the signatures of the members and the president. Out of 299 members of the Assembly, 284 were present that day to sign the Constitution. This date, November 26, 1949, is specifically mentioned in the Preamble as the day the people of India in the Constituent Assembly adopted, enacted, and gave themselves this Constitution.

     The Constitution adopted on November 26, 1949, included a Preamble, 395 Articles, and 8 Schedules. The Preamble itself was enacted after the entire Constitution was finalized.

    Dr. B.R. Ambedkar, serving as the Law Minister, played a pivotal role in guiding the Draft Constitution through the Assembly. He was noted for his logical and persuasive arguments during deliberations and is widely regarded as the “Father of the Constitution of India.” He was also recognized as a prominent writer, constitutional expert, and leader of the Scheduled Castes.

Enforcement of the Constitution

  Certain provisions related to citizenship, elections, provisional parliament, temporary and transitional arrangements, as well as the short title mentioned in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, and 393 came into effect on November 26, 1949.

    The majority of the remaining provisions of the Constitution came into force on January 26, 1950. This day is referred to as the “date of its commencement” and is celebrated as Republic Day.

   January 26 was chosen as the commencement date due to its historical significance, as it marked the celebration of Purna Swaraj Day in 1930 following the Lahore Session resolution of the Indian National Congress (INC) in December 1929.

     With the Constitution coming into effect, the Indian Independence Act of 1947 and the Government of India Act of 1935, along with any associated amendments, were repealed. However, the Abolition of Privy Council Jurisdiction Act (1949) remained in force.

Experts Committee of the Congress

    While elections to the Constituent Assembly were ongoing, the Indian National Congress appointed an Experts Committee on July 8, 1946, to prepare material for the Assembly. The committee comprised the following members:

1. 1. Jawaharlal Nehru (Chairman)
   2. Asaf Ali
   3. M. Munshi
   4. Gopalaswami Ayyangar
   5. T. Shah
   6. R. Gadgil
   7. Humayun Kabir
   8. Santhanam

After a proposal from the Chairman, Krishna Kripalani was co-opted as a member and convener of the committee.

    The committee held two meetings: the first in New Delhi from July 20 to 22, 1946, and the second in Bombay from August 15 to 17, 1946.

    During its deliberations, the committee prepared various notes and discussed procedural matters for the Constituent Assembly, the appointment of various committees, and drafted a resolution outlining the objectives of the Constitution for presentation in the Assembly’s first session.

    Granville Austin, a British constitutional expert, observed the significant role this committee played in shaping India’s Constitution, stating: “It was the Congress Experts Committee that set India on the road to her present Constitution.” The committee members operated within the framework established by the Cabinet Mission Scheme and made key recommendations regarding autonomous areas, provincial government powers, relations with princely states, and the amending power, and they crafted a resolution that closely mirrored the Objectives Resolution.

Criticism of the Constituent Assembly

The Constituent Assembly of India has faced various criticisms on several points, outlined as follows:

1. 1. Lack of Representation: Critics argue that the Constituent Assembly was not a truly representative body since its members were not directly elected by the Indian populace through universal adult franchise.
   2. Not a Sovereign Body: Some critics contend that the Constituent Assembly lacked sovereignty, as it was established under the proposals of the British Government. They also noted that the Assembly convened with the permission of the British authorities.
   3. Lengthy Process: The critics pointed out that the Constituent Assembly took an excessively long time to draft the Constitution. In comparison, the framers of the American Constitution completed their work in just four months. In this context, Naziruddin Ahmed, a member of the Constituent Assembly, derisively referred to the Drafting Committee as a “Drifting Committee” to highlight his disdain.
   4. Congress Dominance: There were accusations that the Constituent Assembly was predominantly controlled by the Indian National Congress (INC). American constitutional expert Granville Austin stated that “the Constituent Assembly was a one-party body in an essentially one-party country,” suggesting that the Congress party was synonymous with India at that time.
   5. Overrepresentation of Lawyers and Politicians: Critics also noted that the Constituent Assembly was largely dominated by lawyers and politicians, resulting in inadequate representation from other segments of society. This perceived imbalance contributed to the constitution’s complexity and lengthy legal language.
   6. Hindu Dominance: Some critics claimed that the Constituent Assembly was dominated by Hindu members. Lord Viscount Simon referred to it as “a body of Hindus,” and Winston Churchill asserted that the Assembly represented only “one major community in India.”

Important Facts

• • Symbol of the Assembly: The elephant was adopted as the symbol (seal) of the Constituent Assembly.
  • Constitutional Advisor: Sir B.N. Rau served as the constitutional advisor (legal advisor) to the Constituent Assembly.
  • Secretary of the Assembly: H.V.R. Iyengar held the position of Secretary to the Constituent Assembly.
  • Chief Draftsman: S.N. Mukerjee was appointed as the chief draftsman of the Constitution within the Constituent Assembly.
  • Calligrapher: The original Constitution was handwritten by Prem Behari Narain Raizada in a flowing italic style.
  • Artistic Contributions: The original document was enhanced and decorated by artists from Shantiniketan, including Nand Lal Bose and Beohar Rammanohar Sinha.
  • Illuminated Preamble: Beohar Rammanohar Sinha illuminated and decorated the original Preamble, which was calligraphed by Prem Behari Narain Raizada.
  • Hindi Calligraphy: The Hindi version of the original Constitution was calligraphed by Vasant Krishan Vaidya and elegantly decorated and illuminated by Nand Lal Bose.

Hindi Text of the Constitution

      Initially, the Constitution of India did not include provisions for an authoritative text in Hindi. This was later addressed by the 58th Constitutional Amendment Act of 1987, which introduced a new Article 394-A into Part XXII of the Constitution. This article outlined the following provisions:

Publication of Hindi Translation: The President shall ensure the publication of a Hindi translation of the Constitution under his authority. Necessary modifications may be made to align the translation with the language, style, and terminology used in the authoritative texts of Central Acts in Hindi. All amendments made to the Constitution before such a publication must be incorporated into the translation, as well as translations of every amendment made in English.

Meaning and Interpretation: The published Hindi translation of the Constitution and its amendments shall be construed to have the same meaning as the original English text. Should any difficulties arise, the President is authorized to revise the Hindi text as needed.

Authoritative Hindi Text: The published Hindi translation of the Constitution and its amendments shall be deemed as the authoritative text in Hindi for all purposes.