Topic 05 of 6 Β· Chapter 01
Criticisms & Nature of the Constituent Assembly
Was the Constituent Assembly truly representative? What did critics say? And what was the sovereign nature of the Assembly? All answered here.
π In This Article
1. Criticisms of the Constituent Assembly
The Constituent Assembly has been criticised on several grounds. These criticisms are frequently asked in exams β especially in UPSC Mains and State PSC exams.
Main Criticisms
| # | Criticism | Details |
|---|---|---|
| 1 | Not a Truly Representative Body | Members were not directly elected by the people on the basis of adult franchise. They were elected by the Provincial Legislative Assemblies, which themselves were elected on a limited franchise (only 28% of the population could vote). |
| 2 | Congress-Dominated | The INC dominated the Assembly with 208 out of 296 seats. Critics argued it was essentially a one-party body and did not represent the diversity of Indian political opinion. |
| 3 | Hindu-Dominated | After the Muslim League boycotted the Assembly, it was seen as predominantly Hindu in character. Winston Churchill called it a “Hindu body.” |
| 4 | Lawyers and Politicians Dominated | The Assembly was dominated by lawyers, politicians, and intellectuals. Common people, farmers, workers, and women were underrepresented. |
| 5 | Time-Consuming | Critics argued that the Assembly took too long β nearly 3 years β to frame the Constitution. By comparison, the US Constitution was framed in just 4 months. |
| 6 | Borrowed Constitution | Critics like Naziruddin Ahmad called it a “borrowed Constitution” because it drew heavily from the Government of India Act, 1935 and constitutions of other countries. |
β Winston Churchill’s Criticism: British Prime Minister Winston Churchill called the Constituent Assembly “a one-sided body, a Hindu body” and said it did not represent all sections of Indian society. He was opposed to Indian independence and was deeply critical of the entire process.
2. Defence of the Assembly β Counter-Arguments
β Criticism
- Not directly elected by people
- Congress-dominated
- Hindu-dominated after League boycott
- Borrowed too much from other constitutions
- Took too long
β Defence / Counter-Argument
- No alternative was possible given the conditions of 1946
- Congress represented the national movement, not just a party
- Many Muslim members participated; it was not exclusively Hindu
- Borrowing best features from world constitutions shows wisdom
- Thoroughness was necessary for a complex, diverse nation
β
Granville Austin’s Defence: Historian Granville Austin, in his landmark work “The Indian Constitution: Cornerstone of a Nation,” defended the Assembly as a “sovereign body” that represented the will of the Indian people. He called the Indian Constitution a “social document” aimed at transforming Indian society.
3. Granville Austin’s View
Granville Austin was an American historian who wrote the most authoritative study of the Indian Constitution. His key observations:
- The Indian Constitution is primarily a “social document”
- The majority of its provisions are aimed at creating conditions for a social revolution
- The Constitution was designed to transform India from a feudal, colonial society into a modern, democratic, egalitarian one
- He called the Constituent Assembly a sovereign body that genuinely represented the aspirations of the Indian people
- He described the Constitution as the “Cornerstone of a Nation”
π‘ Book to Know: Granville Austin’s book β “The Indian Constitution: Cornerstone of a Nation” (1966) β is considered the definitive study of the making of the Indian Constitution. It is frequently referenced in UPSC Mains answers.
4. Sovereign Nature of the Constituent Assembly
Despite criticisms, the Constituent Assembly was a sovereign body in the following sense:
- It was not subject to any external authority β not the British Parliament, not the Crown
- After August 15, 1947, the Indian Independence Act gave the Assembly full sovereign powers
- It could frame any Constitution it wished, without any restrictions from Britain
- It also served as the Provisional Parliament of India from 1947 to 1952
- It ratified India’s membership in the Commonwealth of Nations
- It adopted the National Flag on July 22, 1947
- It elected Dr. Rajendra Prasad as the first President of India on January 24, 1950
| Function | Date |
|---|---|
| Adopted National Flag | July 22, 1947 |
| India became independent; Assembly became Provisional Parliament | August 15, 1947 |
| Adopted National Anthem (Jana Gana Mana) | January 24, 1950 |
| Adopted National Song (Vande Mataram) | January 24, 1950 |
| Elected Dr. Rajendra Prasad as first President | January 24, 1950 |
| Constitution came into force | January 26, 1950 |
| Assembly dissolved (first general elections) | 1952 |
π Important: The Constituent Assembly also ratified India’s membership in the Commonwealth of Nations in May 1949, when India agreed to remain in the Commonwealth as a Republic β the first republic to do so.
5. Key Points for Exam β Quick Recall
π Must-Remember Facts
- Main criticisms: Not directly elected, Congress-dominated, Hindu-dominated, borrowed constitution
- Winston Churchill called it a “Hindu body”
- Naziruddin Ahmad called it a “borrowed Constitution”
- Granville Austin called it a “social document” and “Cornerstone of a Nation”
- After Aug 15, 1947, Assembly became fully sovereign
- National Flag adopted: July 22, 1947
- National Anthem & Song adopted: January 24, 1950
- Dr. Rajendra Prasad elected first President: January 24, 1950
- Assembly also served as Provisional Parliament (1947β1952)
- India remained in Commonwealth as a Republic β first republic to do so (May 1949)