Introduction
The demand for a Constituent Assembly in India was a landmark event in the freedom struggle of the nation. It was an indication of growing consciousness that Indians have to frame their own Constitution rather than be ruled by laws ordained by the British. Between 1934 and 1946, the idea of a Constituent Assembly transformed from being a political vocation to reality, setting the path towards the drafting of the Indian Constitution after independence in 1947.
This demand was not one that suddenly occurred. It was the culmination of frustration over British policy spanning decades and the realization that constitutional reforms introduced by the British were not democratic in intent or representative of what Indian people wished. 1934 to 1946 were years that witnessed important events, ranging from Indian leadership making proposals to British response to these proposals and, finally, the convening of the Constituent Assembly in 1946.
Background
Before 1934, India was governed according to the conditions stipulated by British legislation like the Government of India Acts. These laws were passed in Britain and enforced in India without the serious participation of Indians. Even though the Government of India Act of 1919 and Government of India Act of 1935 introduced some reforms, they were not granting full autonomy or self-government.
The political consciousness among Indians had grown immensely after World War I. The leaders realized that the British Parliament would never give full sovereignty to India on its own terms. The demand for full independence, expressed at the Lahore Session of Congress in 1929, further led to the realization that Indians would have to create their own Constitution without foreign interference. This was followed by the forerunner of formally suggesting a Constituent Assembly in 1934.
The First Call for a Constituent Assembly in 1934
The demand for a Constituent Assembly was initiated in 1934 by the Communist Party of India. They asserted that a people-elected assembly alone could draft a Constitution that would express Indians’ will. It was a revolutionary idea at that time because India was still a colony and the majority of constitutional changes were in the hands of British politicians.
The demand picked up pace when M.N. Roy, one of the well-known communist leaders, proposed the establishment of an assembly on the basis of universal adult suffrage. While the British government turned a deaf ear to the initial demand, it threw a national debate open on the requirements of a home-made Constitution.
Congress Adopt the Demand in 1935
The Indian National Congress, which had been denouncing British-induced reforms since long, welcomed the demand for a Constituent Assembly in 1935. The Government of India Act, 1935, was seen to be unsatisfactory as it kept real power in British hands and failed to establish responsible government at the centre.
Congress leaders, including Jawaharlal Nehru, pushed very hard for an Indian-elected assembly. Nehru said that the Constitution of India would be valid only if it were enacted by the people of India. The Congress then made the Constituent Assembly a key part of its political agenda.
1938: Nehru’s Declaration and International Support
In 1938, Jawaharlal Nehru, then President of the Indian National Congress, made a historic statement: “The Constitution of free India must be framed without outside interference, by a Constituent Assembly elected on the basis of adult franchise.” It was an articulation of growing confidence among Indian leadership and democratic values everywhere.
Meanwhile, global political developments also supported this demand. The 1941 Atlantic Charter of the Allies in World War II acknowledged the right of all nations to self-determination. Indian leaders asserted that this principle could be applied to India as well. The British were still reluctant to have a fully sovereign Constituent Assembly.
The Cripps Mission of 1942 and Its Limitations
The British government, which was under strain in World War II and fearful of disturbances in India, deputed Sir Stafford Cripps for negotiations regarding constitutional amendments. The Cripps Mission proposed that India, at the end of the war, would have the right to frame its own Constitution by a Constituent Assembly. The proposal, however, included an escape valve for provinces to withdraw and remain under British rule, defeating the idea of an integral India.
The Congress reacted against the Cripps proposals since they did not make room for unconditional immediate independence and gave loopholes for British overlordship. Although the mission failed, it finally acknowledged for the first time that India’s Constitution would eventually be drafted by a Constituent Assembly.
The Cabinet Mission of 1946 and the Constituent Assembly
The Cabinet Mission Plan of 1946 marked the turning point in making the demand a reality. The mission proposed the establishment of a Constituent Assembly to be indirectly elected by the provincial assemblies. It did not deal with universal adult suffrage, but it was the first formal move towards the setting up of a representative body for the making of the Constitution.
The plan was on this that the elections to the Constituent Assembly took place in July 1946. The Indian National Congress won the majority of seats, but the Muslim League initially participated and then boycotted the Assembly, rather demanding a separate nation. The Assembly was able to meet for the first time on December 9, 1946, with Dr. Rajendra Prasad as President and Dr. B.R. Ambedkar as Chairman of the Drafting Committee.
Why the Demand for a Constituent Assembly Was Important
The demand for a Constituent Assembly was rooted in democratic principles. Indians wished for a Constitution that embodied their ideals, culture, and political aspirations rather than one imposed by a colonizing nation. The Assembly embodied India’s sovereignty and right to self-determination.
This call also signaled a shift from constitutional reforms under Britain’s control to self-government in the constitutional sphere. It was a sign of maturity of India’s national movement and its desire to shape a democratic republic.
Conclusion
The journey from the first demand in 1934 to the formation of the Constituent Assembly in 1946 was long and tortuous, with political struggles, British ambivalence, and persistence of Indian leaders. The idea, originally introduced by M.N. Roy and subsequently by Congress, became a reality after years of negotiation and resistance.
The Constituent Assembly subsequently drafted the Indian Constitution, which came into force on January 26, 1950, transforming India into a democratic republic. The demand for a Constituent Assembly was therefore not merely a political cry but a defining moment in India’s march towards independence and democracy.
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