Origin of Indian Constituent Assembly
Origin of Constituent Assembly in India
By
the end of the War, as we have seen, India was ready for a constituent assembly
and her leaders were demanding one. Gandhi expressed the truth first - that
Indians must shape their own destiny, that only in the hands of Indians could
India become herself, when in 1922 he said that Swaraj would not be the gift of
the British Parliament, but must spring from ' the wishes of the people of
India as expressed through their freely chosen representatives '.
The demand for a constituent assembly became a
part of the official policy of Indian National Congress in 1934. Refusing
to accept the White Paper (The Proposal for Indian
Constitutional Reform, of 1933) , because it did not express 'the will of the
people of India ' , the Congress Working Committee stated : The
only alternative to the White Paper is a constitution drawn up by a Constituent
Assembly elected on the basis of adult franchise or as a near it as possible ,
with the power , if necessary , to the important minorities to have their
representative elected exclusively by the electors belonging to such
minorities .
Thereafter, in many provincial legislative
assemblies and in the central legislative assembly in 1937, at the Congress at
Faizpur , Haripura , and Tripuri , and at the Simla Conference in 1945 , the
Congress reiterated that India could only accept a constitution drawn from the
people and framed 'without any interference by a foreign authority ' .
During the World War II, the mood of the Indian
people became increasingly one of self- assertion, of a readiness to take its
destiny into its own hands. By the time of independence, an acute observer
wrote, Indians had ' a general awareness of of nationality and national dignity
'. The Indian public felt itself a corporate unit and felt itself adult. In
such a mood, even more previously, Indians would accept only a constitution
drafted by themselves.
As a result, in December 1946 a constituent
assembly which ' derived from the people, all power and authority ' was
convened. It prospered and ultimately provided Indians with an ' Indian-made'
constitution. And its indigenous nature has been the major reason for the
Constitution's success. Indians have been less likely to fault the Constitution
and more likely to view it with pride, both because they did themselves create
it and because, having written it themselves it was better suited to their
needs.
The Constituent Assembly was, in effect, a one-party
assembly, in the hands of the mass party, the Indian National Congress, yet it
was representative of India, and its internal decision make process was
democratic. The leaders of the party who were also the most important members
of the Union Government and of the Assembly, were charismatic in their appeal
and thus possessed immense power.
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