On December 13, 1946, Jawaharlal Nehru introduced the historic “Objectives Resolution” in the Assembly. This resolution outlined the fundamental principles and philosophy that would underlie the constitutional framework of India. The key points of the resolution included:
1. Declaration of Sovereignty: The Constituent Assembly declared its firm intention to proclaim India as an Independent Sovereign Republic and to draft a constitution for its governance.
2. Union of Territories: It emphasized that the territories comprising British India, Indian States, and any other willing territories would form a Union, collectively known as independent sovereign India.
3. Autonomous Units: The resolution asserted that these territories would possess the status of autonomous units, retaining residuary powers while exercising all governmental and administrative functions, except for those powers vested in the Union.
4. Power from the People: It stated that the authority and powers of sovereign and independent India, along with its constituent parts and governmental organs, derive from the people of India.
5. Guarantee of Rights: The resolution guaranteed justice—social, economic, and political—and ensured equality of status and opportunity, along with freedom of thought, expression, belief, faith, worship, vocation, association, and action, subject to law and public morality.
6. Safeguards for Minorities: Adequate protections were to be provided for minorities, backward and tribal areas, as well as depressed and other disadvantaged classes.
7. Territorial Integrity: The resolution committed to maintaining the integrity of the Republic’s territory and upholding its sovereign rights over land, sea, and air in accordance with justice and the laws of civilized nations.
8. Global Contribution: It articulated the aspiration for India to achieve its rightful place in the world and make meaningful contributions to the promotion of world peace and the welfare of humanity.
The Objectives Resolution was unanimously adopted by the Assembly on January 22, 1947. This important document significantly influenced the eventual development of the Constitution and its subsequent phases, with a modified version ultimately becoming the Preamble of the present Constitution.
The Indian Independence Act of 1947 brought significant modifications to the composition and functioning of the Constituent Assembly. Initially, representatives from the princely states, who had previously refrained from joining the Assembly, began to participate. By April 28, 1947, representatives from six states were present. Following the acceptance of the Mountbatten Plan for the partition of the country on June 3, 1947, most representatives from other princely states also joined, alongside members of the Muslim League from the Indian Dominion.
The Indian Independence Act made the following three critical changes to the Assembly’s position:
1. Sovereignty of the Assembly: The Act transformed the Assembly into a fully sovereign body with the authority to draft any Constitution it deemed fit. It empowered the Assembly to abolish or modify any law enacted by the British Parliament pertaining to India.
2. Legislative Functions: The Assembly was designated as a legislative body, tasked with two distinct roles: framing the Constitution for independent India and enacting ordinary laws for the nation. These responsibilities were to be carried out on different occasions, effectively making the Assembly the first Parliament of free India (Dominion Legislature). When convened as the Constituent body, the Assembly was chaired by Dr. Rajendra Prasad; when acting as the legislative body, it was chaired by G.V. Mavlankar. These two functions continued until November 26, 1949, when the Constitution was completed.
3. Withdrawal of Muslim League Members: Members of the Muslim League representing areas that were to become part of Pakistan withdrew from the Constituent Assembly. As a result, the total strength of the Assembly decreased from 389 to 299. The number of members from the Indian provinces (formerly British Provinces) fell from 296 to 229, while memberships from princely states were reduced from 93 to 70.
Beyond drafting the Constitution and enacting laws, the Constituent Assembly also undertook several important functions:
In total, the Constituent Assembly held 11 sessions over a period of two years, 11 months, and 18 days. The Constitution-makers reviewed the constitutions of approximately 60 countries, dedicating 114 days to the consideration of the Draft Constitution. The overall expenditure incurred in the process of drafting the Constitution amounted to ₹64 lakh.
The final session of the Constituent Assembly took place on January 24, 1950. However, it continued to function as the provisional Parliament of India from January 26, 1950, until the new Parliament was formed following the first general elections in 1951-52.