Making Of The Indian Parliament

The present Parliament of India evolved through a transitional process between 1947 and 1952. During this period the Constituent Assembly performed dual (constitutional and legislative) functions until the first elected Lok Sabha (lower house of parliament) came into existence after the General Elections of 1951–52.

1. Constituent Assembly: Origin and Formation

● The Constituent Assembly was constituted in December 1946 under the provisions of the Cabinet Mission Plan, 1946.

● Its primary objective was to draft a Constitution for independent India.

● The first meeting of the Constituent Assembly was held on 9 December 1946.

● Dr. Sachchidananda Sinha served as the temporary Chairperson of the Constituent Assembly.

● On 11 December 1946, Dr. Rajendra Prasad was elected as the permanent President (Chairman) of the Constituent Assembly.

2. Independence and the Dual Role of the Constituent Assembly (1947–1950)

After India became independent on 15 August 1947, the Constituent Assembly began functioning in a dual capacity:

(A) As a Constitution-Making Body

In this role, the Assembly was responsible for drafting the Constitution of India, debating constitutional provisions, adopting and finalising the Constitution. The meetings of this body used to be chaired by Dr. Rajendra Prasad in the capacity of Chairperson of the Constituent Assembly.

(B) As the Temporary Parliament of India

After independence, India became a Dominion within the Commonwealth until 26 January 1950.

Since there was no elected Parliament, the Constituent Assembly also functioned as Temporary Parliament of India and passed laws for the country, approved budgets, discussed governmental policies, exercised legislative powers, etc.

The meetings of temporary parliament used to be chaired by Sh. G.V. Mavalankar in the capacity of speaker.

3. Adoption of the Constitution

● 26 November 1949 – The chairman and the members of the constituent assembly signed the draft of the constitution and we adopted/enacted the same as our constitution on this day.

● 24 January 1950 – The Constituent Assembly of India held its last meeting, during which it elected Dr. Rajendra Prasad, as the first President of the Republic of India, adopted "Jana Gana Mana" as the national anthem. After this Constituent Assembly was converted into Provisional Parliament (Rajya Sabha).

● 26 January 1950 – Constitution came into force/applied.

On the commencement of the Constitution, India ceased to be a Dominion and became a Sovereign Democratic Republic (later amended to Sovereign Socialist Secular Democratic Republic) and Dr. Rajendra Prasad became the 1st President of the Republic of India on 26th January, 1950.

4. Transformation into the Provisional Parliament (1950–1952)

The Provisional Parliament of India was the country’s temporary legislative body that functioned from January 26, 1950, until the newly elected bicameral Parliament was constituted in April 1952.

It was formed by converting the Constituent Assembly of India into a functional, unicameral legislature following the enactment of the Constitution.

The elections to elect 1st Lok Sabha were held in 1951-52 and 1st Lok Sabha was officially constituted on 17th April, 1952 and the Rajya Sabha was officially constituted on 3rd April, 1952. Presently, 18th Lok Sabha is in existence. As Rajya Sabha is a permanent body and cannot be dissolved, the same rajya sabha constituted on 3rd April, 1952 has been functioning.

5. First General Elections (1951–52)

India conducted its first general elections between 1951 and 1952. These were the world’s largest democratic elections at that time. Elections were held on the basis of universal adult franchise.

6. Birth of the Present Parliament (1952)

From 1952 onwards, Parliament acquired its present constitutional structure consisting of the President of India, Lok Sabha (House of the People) and Rajya Sabha (Council of States).

Article 79 of the Constitution states: “There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States and the House of the People.”

acts

● President of the Constituent Assembly: Dr. Rajendra Prasad

● Chairman of Drafting Committee: Bhimrao Ramji Ambedkar

● Advisor to the Constituent Assembly: B.N. Rau

● Constitution enacted/adopted: 26 November 1949

● Constitution enforced: 26 January 1950

● First Lok Sabha constituted: 17th April, 1952

● Rajya Sabha constituted: 3 April, 1952

This transition from the Constituent Assembly to the Provisional Parliament and finally to the bicameral Parliament of 1952 represents the constitutional evolution of India’s parliamentary democracy.

Note

Universal Adult Franchise meaning: Every citizen of India above the age of 18 years has the right to vote irrespective of religion, caste, race, area, language, gender, education, economic status, etc.

The right to vote is a constitutional right under Article 326 of our Constitution. The right to contest elections is a statutory right.