Criticism of the Constituent Assembly: What Were the Major Issues?

Introduction

Based on the counsel of the Cabinet Mission that visited India in 1946, the Constituent Assembly of India was constituted as a sovereign body to draught the constitution of the nation.

On August 29, 1947, the Constituent Assembly established a Drafting Committee, with Dr. B.R. Ambedkar served as its chairman, with the responsibility of drafting an Indian constitution. On November 26, 1949, the Indian Constitution was approved, and on January 26, 1950 it came into force.

In this article we are going to tell you about

Criticism of the Constituent Assembly: What Were the Major Issues?

Indian Constituent Assembly's Criticisms

Here are some of the Constituent Assembly criticism:

• Many people dismissed it on the grounds of the global adult franchise and did not select it. The majority of the Assembly's members came from the well-educated and affluent sectors of society because elections were held using a limited franchise. They were not chosen as the people's representatives.

• As a result of the British Government's proposals, the Constituent Assembly, according to its detractors, was not a sovereign body. Furthermore, they claimed that the British Government had given the Assembly permission to hold its meetings.

• The Constituent Assembly took an excessively long time to create the Constitution, claim the critics. They claimed that the American Constitution's framers finished their task in just four months.

• Critics point out that the central government has been strengthened significantly, despite the fact that the Indian Constitution permits a federal system of government throughout. For this reason, our constitution is referred to as federal in form but unitary in spirit. The Indian constitution has been successfully operating and evolving over the course of the past 59 years to effectively address all crises despite these shortcomings and criticisms.

• The Congress party, according to detractors, dominated the Constituent Assembly. The Constituent Assembly was a one-party body in a largely one-party country, said British constitutional expert Granville Austin.

• Critics also contend that politicians and lawyers predominated in the Constituent Assembly. They emphasized the lack of adequate representation of other societal groups. They view this as the primary cause of the Constitution's bulk and voluminous language.

• Hindus, according to some critics, made up a sizable portion of the Constituent Assembly. It was referred to as "a body of Hindus" by Lord Viscount Simon.

• The Indian Constitution is also criticized for being made up of a number of borrowed texts. The constitutions of other nations, such as those of England, the United States, Ireland, Germany, Canada, and Australia, had a significant influence on the structure of our own.

• The Indian Constitution is also criticised for restricting citizens' fundamental rights excessively. As M.C. Chhagala put it, "The Constitution of India grants fundamental rights with one hand and snatches them away with the other." In addition, the chapter on fundamental rights leaves out a large number of social and economic rights. They are a part of the state policy's unjustifiable directive principles.

Indian Constitution's Restrictions

• National unity is highly valued by the Indian Constitution.

• It seems to have ignored a number of important gender justice issues, particularly those that pertain to families.

• It is unclear why many crucial socioeconomic rights in a developing country with a low standard of living were moved to the section on Directive Principles rather than being included in our fundamental rights.

It is possible to offer remedies for these restrictions, explain why this happened, and even get around them. But that is not what we're getting at. We argue that these restrictions are not significant enough to endanger the Constitution's guiding principles.

FAQs

Q1. What were the challenges faced by the Constituent Assembly?

Ans: The assembly's main challenges included: 1) How to create a constitution that can satisfy a sizable population of about 360 million people, all of whom have their own unique cultures and heritage. 2) How to guarantee democracy for all country residents and what should the democracy's boundaries be.

Q2. What is the criticism of Fundamental Rights?

Ans: However, numerous and varied criticisms of these Fundamental Rights have been made, including: Excessive Restrictions: They are subject to countless limitations, qualifications, exceptions, and justifications. Lack of Social and Economic Rights: Since political rights make up the majority of the list, it is not comprehensive.

Q3. What are the Constitution of India's drawbacks?

Ans: a) The Constitution is extensive, perhaps even excessively so. Some clauses don't seem necessary enough to be included in the Constitution. b) Our federal system is heavily biassed towards the centre. The recent instance of the government of Uttarakhand being overthrown to impose President's rule is a stark example.

Q4. What was the problem faced by the Constitutional Assembly at the time of writing the constitution?

Ans: The Indian populace was transitioning from being subjects to citizens at the time. Due to a partition based on religious differences, the nation was created. In violence related to the partition, at least ten lakh people were killed on both sides of the border.

Q5. What were the main conflicting issues in the Constituent Assembly and how were they solved?

Ans: Hindi written in Devanagari script was approved by the Constitutional Assembly as the official language of the union. International (Roman) numerals were also approved for use in numeration. Thus, a long-standing official language issue was finally resolved, saving the nation's integration.

Q6. What is the limitation of the constitution?

Ans: On the other hand, a constitutional right's scope can be reduced without actually altering it; this is known as a limitation. These restrictions are only legal if they are proportionate, as the limitation clause stipulates.