• The Lok Sabha initiated a two-day debate on ‘Discussion on the Glorious Journey of 75 Years of the Constitution of India’ on December 13.

• This debate is taking place during the ongoing Winter Session of the Parliament, with the Indian Constitution becoming a key point of discussion and contention between the government and the Opposition.

• The debate will reflect on the significance and evolution of the Constitution since its adoption on November 26, 1949.

• This debate offers the government an opportunity to showcase its commitment to constitutional principles while participating in ongoing discussions about India’s legal and governance systems.

• At its core, the debate highlights an ideological conflict over differing interpretations of the Constitution, particularly regarding the balance between the judiciary and legislature, the role of religion in public life, and the evolving application of fundamental rights.

How did the Constituent Assembly evolve?

• The idea of forming a Constituent Assembly was first proposed in 1934 by M.N. Roy, an Indian pioneer of the Communist movement.

• It came to fruition under the Cabinet Mission Plan of May 1946, with the aim of drafting a Constitution to facilitate the transfer of sovereign power from British authorities to India.

• The Assembly was to represent the provinces and princely states, with proportional representation. Rajendra Prasad was elected president, and V.T. Krishnamachari and H.C. Mookerji served as vice-presidents.

• The Constituent Assembly convened for the first time on December 9, 1946, holding 12 sessions over 165 days, generating 3.6 million words across around 8,000 pages of documents.

• After almost three years of deliberation, the Indian Constitution was adopted on November 26, 1949, consisting of a Preamble, 395 Articles, and 8 Schedules.

• It came into force on January 26, 1950, which is celebrated as Republic Day. 

• Since 2015, November 26 has been celebrated annually as Constitution Day or Samvidhan Divas.

How diverse was the Constituent Assembly?

• The Assembly was a mixture of elected and nominated members, representing various sections of Indian society.

• The total membership of the Constituent Assembly was 389, with 292 members elected through Provincial Legislative Assemblies and 93 representing Indian Princely States.

• Additionally, four members represented the Chief Commissioners' Provinces.

• A quarter of the members came from the princely states. 

• Of the 389 members of the Indian Constituent Assembly, 15 were women. 

Important Constituent Assembly Debates

Constituent Assembly Debate on Untouchability: The framers of the Constitution aimed to abolish untouchability based on religion or caste. While the Government of India Act of 1935 defined “untouchables” as a group of Hindu castes, Article 17 (Draft Article 11) of the Constitution did not impose such qualifications, making it applicable to untouchability in all forms. Many members of the Assembly, drawing inspiration from figures like Mahatma Gandhi, Raja Ram Mohan Roy, Swami Vivekananda, and Dr. B.R. Ambedkar, called for the complete outlawing of untouchability. They sought to eliminate this social inequity and ensure its prohibition in any form.

Constituent Assembly Debate on Federalism: The question of India’s federal structure was a key topic in the Assembly. J.B. Kriplani emphasized that the Constitution should grant maximal authority to the states, while Dr. Ambedkar referred to the proposed Constitution as “federal”. Despite the absence of the word “federal” in the Preamble, the Assembly largely agreed that a unitary system was impractical for a vast and diverse country. Over time, additional centralizing features were introduced, but the members consistently maintained the view that India would have a federal structure.

Constituent Assembly Debate on Uniform Civil Code: The debate on Draft Article 35 regarding the Uniform Civil Code was marked by resistance from Muslim members. Mahboob Ali Beg argued that the civil code should not include family law or inheritance, but rather should focus on secular matters like property transfers and contracts. K.M. Munshi argued that Parliament had the right to create a unified civil code even without Draft Article 35. Dr. Ambedkar supported the State’s right to regulate personal laws, reassuring Muslim members that the Uniform Civil Code would only apply to those who voluntarily accepted it.

Constituent Assembly Debate on Reservations: The debate on Jawaharlal Nehru’s motion on the aims and objectives of the Constitution, which later became the Preamble, reflected the diverse perspectives of various sections of society. While most members supported the resolution, Dr. B.R. Ambedkar expressed reservations. Leaders from the Congress Party emphasized the importance of defending the rights of the poor and providing safeguards to ensure their equitable enjoyment of rights.

Constituent Assembly Debate on Preamble: The name of India and the inclusion of the words “God” and “Gandhi” in the Preamble were debated. One member suggested renaming India as the ‘Union of Indian Socialistic Republics’, but the proposal was rejected. Another member advocated for the phrase ‘in the name of God’, but this was opposed by many, with some arguing that it would infringe upon the right to freedom of faith. Ultimately, the debate highlighted the importance of a secular and inclusive Constitution. 

Constituent Assembly Debate on Abolition of Death Penalty: The debate on capital punishment within the context of criminal jurisdiction focused on various arguments. Shibban Lal Saxena and Dr. P.K. Sen supported the abolition of the death penalty, citing examples from Western countries. Dr. Ambedkar, too, advocated for its abolition, linking it to the principle of nonviolence. However, the Constitution took no definitive stance on the death penalty, with Article 134 providing the opportunity for death row convicts to appeal to the Supreme Court. The implicit assumption was that the death penalty could exist within the framework of Indian law.

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