Know The Constitution[PART-III] Anecdotes From The First Meeting Of Constituent Assembly

We Are Introducing A New Series In LiveLaw -'Know The Constitution'If the Constitution has to be of the people, by the people and for the people, it must first capture the imagination of the masses.The 'Know the Constitution' series is a humble attempt by the team of LiveLaw to unravel the Indian Constitution in all its majesty. The aim is to demystify the Indian Constitution one Article, one amendment, one doctrine, one schedule, one theme at a time.With this series we hope to make one small effort towards demystifying this foundational document and put it back where it belongs- WE THE PEOPLE.Only a constitutionally conscious citizenry can save the Constitution in the face of dwindling human rights, shrinking freedoms and rising authoritarianism."KNOW THE CONSTITUTION"The first Chairman of the Constituent Assembly Dr. Sachchidananda Sinha started his speech explaining the meaning of the Constituent assembly and explaining about the preliminary business before the House such as the election of a permanent President, the framing of the Rules of Business, the appointment of various Committees, and need for formulating a suitable and stable constitution for an Independent India. He equated his appointment with the time in which "Lord Palmerston found himself when Queen Victoria offered him the highest Order of Chivalry, namely, the Knighthood of the Garter. In accepting the Queen's offer, Lord Palmerston wrote to a friend as follows" "I have gratefully accepted Her Majesty's gracious offer as, thank God, there is no question of any damned merit about the honour conferred on me." On the historic day that is 9th December, 1946 Mr. Sinha also read the three messages received from State Officials of America, China and the Government of Australia. And also read few lines to glorify the ancient India. The world has witnessed and understood the importance of Constitution and constituent assembly after the American revolution which successfully laid the foundation of American government in 1789. Similarly, after the second world war a new world order was created that acted as a catalyst to support our long existing freedom struggle movement for Independence. In the year 1945-46 Constituent Assembly came into its existence for making the Indian Constitution. The term constituent assembly is often used in the contexts where the old regime and institutions are deliberately replaced by creating a new system of government. In India's Context, 9th December 1946 is the historic day with respect to the Constitution of India as this day marked the beginning of the Constituent Assembly of India and its first meeting held in the Constitution Hall, New Delhi on this day. Members took painstaking efforts for drafting the Constitution and setting the progress and development of the nation. For the election of temporary chairman of the Constituent Assembly of India Acharya J. B. Kripalani requested Dr. Sachchidananda Sinha who was oldest among all the existing members and also the oldest parliamentarian in India to take the Chair of the assembly. Dr. Sinha happily accepted the proposal of the assembly. History of Constituent Assembly B.N. Rau in his book 'India's Constitution in the making' has categorically dealt with the historical anecdotes of the Constituent Assembly. On the very first day of the assembly these members signed and presented their credentials in the Register representing various states such as 43 members from Madras, 19 from Bombay, 26 from Bengal, 42 from United Provinces, 12 from Punjab, 30 from Bihar, 14 from C.P. and Berar, 9 from Orissa, 1 each from Sind, Delhi, Ajmer, Coorg and 2 from N.W. F. Province. However, by the end of 31st December, 1947 total number of members reached to 299. Dr. Sachidanand Sinha in his introductory speech on the very first day defined what is called a Constituent Assembly? According to him, it is the political method of devising a constitution for a country. In Britain, there is no such thing as a constituent law because British Parliament is the sole sovereign authority which has a power to make and unmake all laws, including the constitutional law of the country. He also mentioned to refer the Swiss Constitution by the fellow members of the assembly as it is the oldest republic in Europe. He also asked to read French and specially rely on the US Constitution by the respected members of constituent assembly. Constituent Assembly formation in India After referring to the constitution-making in Europe and America, the members of Constituent assembly on the very first day that is on 9th December 1946 discussed what Mahatma Gandhi wrote in 1922. Gandhiji said, "Swaraj will not be a free gift of the British Parliament. It will be a declaration of India's full self-expression, expressed through an Act of Parliament. But it will be merely a courteous ratification of the declared wish of the...

Know The Constitution[PART-III] Anecdotes From The First Meeting Of Constituent Assembly

Abhinav Kumar

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