Although this series is dedicated to notes based on the Constituent Assembly Debates (CAD), while I was trying to know the intent of legislature behind the framing of the Constitution, and debates of first session of the Constituent Assembly were not having that much importance from point of view of interpretation of the Constitution, still I am going through the proceedings held on first day of the Constituent Assembly working.
Proceedings held on Monday, 9th December 1946
Venue: Constitution Hall, New Delhi.
Time: 11 am on Monday, 9th December, 1946.
Election of Temporary Chairman
Dr. Sachchidananda Sinha was requested by Acharya J B Kripalani to take the chair as temporary Chairman of the Constituent Assembly before initiation of its working of drafting of the Constitution. Acharya J B Kripalani gave his opening speech in Hindustani language.
Dr. Sachchidananda Sinha was oldest parliamentarian in India. He was member of Imperial Legislative Council from 1910 to 1920. In 1921 he became member of Central Legislative Assembly and became its Deputy President also. He was then entrusted with the portfolio of an Executive Councilor and Finance Member of the Government of Bihar and Orissa. He was first Indian appointed as the Finance Member of a Province in British Rule. He was Vice-Chancellor of Patna University. He was member of Congress till 1920 and one time he was Secretary of the said party.
As the proceedings of the Constituent Assembly were to be commenced on that day, responsible State Officials of America, China and the Government of Australia sent message of Goodwill to India. Dr. Sachchidananda Sinha read those messages before the Constituent Assembly.
One Khan Abdus Samad Khand of British Baluchistan filed election petition challenging the validity of the election of Nawab Mohammad Khan Jogazai as a member of the Constituent Assembly. Dr. Sinha ruled at that stage that the elected person will continue to be regarded as a Member of the Constituent Assembly until the matter is disposed of, at a later stage, by the House, after the election of the permanent Chairman.
Inaugural Address of Dr. Sinha:
Then Dr. Sinha gave Chairman’s Inaugural Address. He said, “The political method of devising a constitution for a country has not been known to our fellow-subjects in Britain, for the simple reason, that under the British Constitution, there is no such thing as a constituent law, it being a cherished privilege of the British Parliament, as the sole sovereign authority, to make and unmake all laws, including the constitutional law of the country. As such, we have to look to countries other than Britain to be able to form a correct estimate of the position of a Constituent Assembly.”
Switzerland is the oldest republic of Europe. In ordinary sense, it had not any Constitutional Law at start. It took its form due to historic causes and accidents, several centuries back. According to Dr. Sinha, till 1946 the Constitutional system of Switzerland has several notable and instructive features, which were recommended by qualified authorities to Indian constitution-makers. Hence he asked Constituent Assembly to study the Swiss Constitution carefully for a free and independent India.
Dr. Sinha also discussed about the French system of Constituent law. As French Republican system of Government had been changed from time to time since 1789 to 1946, according to Dr. Sinha it was not that much useful for India. French Constitution makers were highly influenced by the historic Constitutional Convention held at Philadelphia by the American Constitution makers, for their country. As per the speech of Dr. Sinha the American Constitution was the most practical and workable republican constitution inexistence at that time. The American Constitution was taken as model for France, British Commonwealth like Canada, Australia and South Africa, and hence Dr. Sinha recommended to give more attention to the provisions of the American Constitution than to those of any other.
Canada was the first British Commonwealth nation, as the Canadian Convention met in 1864 at Quebec and drew up the Canadian Constitution, which is still in statute book as the British North American Act, 1867 passed by the British Parliament. The American constitutional system was more or less adopted in the schemes prepared for framing the Constitutions of Australia and South Africa, and hence the results achieved by the American Convention held at Philadelphia in 1787, had been accepted y the world as a model for framing independent federal constitutions. Hence Dr. Sinha recommended that the said American Constitution shall be studied carefully by the members of the Constituent Assembly, for the judicious adaptation of its provisions to the necessities and requirements of India. He further added that according to Munro, the American Constitution is based on “a series of agreements as well as a series of compromises” and concluded that the reasonable agreements and judicious compromises are nowhere more called for than in framing a constitution for country like India.
The fundamental Principles of the American Constitution were mentioned by Dr. Sinha from “The American Commonwealth” by Viscount Bryce. America is itself Commonwealth and union of Commonwealths, as it claims directly the obedience of every citizen and acts immediately upon through its courts and executive officers. They have over their citizens an authority which is their own, and not delegated by the Central Government. He further added, “it may possibly be that in some such scheme, skillfully adapted to our own requirements, a satisfactory solution may be found for a constitution for an Independent India, which may satisfy the reasonable expectations and legitimate aspirations of almost all the leading political parties in the country.”
Then Dr. Sinha quoted some observations from “Commentaries on the Constitution of the United States” by Joseph Story, greatest American Jurist. According to Joseph Story, American people possess a noble inheritance bought by the toils, sufferings, and blood of their ancestors and they are capable of peaceful enjoyment of liberty, property, religion and independence. The American Constitution has structure made with consummate skill and fidelity, with solid foundation, all compartments are wisely arranged. It may not parish in an hour by the folly, corruption or negligence of its only keepers i.e. people.
Dr. Sinha further added some more features of American Constitution from “The Constitution of the United States – Yesterday, Today and Tomorrow” by James, Ex-Solicitor General of the United States. According to James, the American Constitution is having time tested provisions and required less amendments. As per all the claims on the American Constitution, as referred by Dr. Sinha, it has immortality.
Then Mr. Sinha quoted M. K. Gandhi’s statement made in 1922, “Swaraj will not be a free gift of the British Parliament. It will be a declaration of India’s full self-expression, expressed through an Act of Parliament. But it will be merely a courteous ratification of the declared wish of the people of India. The ratification will be a treaty to which Britain will be a party. The British Parliament, when the settlement comes, will ratify the wishes of the people of India as expressed through the freely chosen representatives.”
Then Dr. Sinha mentioned about the scheme of the Swaraj Party in May, 1934, the important resolution of this Scheme is as follows: “This Conference claims for India the right of self-determination, and the only method of applying that principle is to convene a Constituent Assembly, representative of all sections of the Indian people, to frame an acceptable constitution.”
Thus it is clear from these two quotes that the law of the land shall be made by the “representatives of the people” and Swaraj Party was the first which put the idea of Constituent Assembly in 1934. The policy embodied in the resolution of May 1934 of Swaraj Party was approved by the All India Congress Committee in December 1936 at the session of the Congress held at Faizpur, in the following words, “the Congress stands for a genuine democratic State in India where political power has been transferred to the people, as a whole, and the Government is under their effective control. Such a State can only come into existence through a Constituent Assembly having the power to determine finally the constitution of the country.” In November, 1939, the Congress Working Committee adopted a resolution as, “Recognition of India’s independence and the right of her people to frame their constitution through a Constituent Assembly is essential.”
In both of these resolutions, the Constituent Assembly should be elected on the basis of adult suffrage. In 1940, Muslim League adopted the resolution on Pakistan, and till this event, Muslim League had not favoured the idea of a Constituent Assembly as a proper suitable method of framing a constitution for this country. However Muslim League had favoured two constituent assemblies one for separate Muslim State and other for the rest of India. Congress desired one Constituent Assembly for whole India.
Sapru Committee issued its report in 1945, in which the idea of Constituent Assembly for framing the Constitution of India had also favoured. The report formulated a definite scheme for the composition of a Constituent Assembly. But the Constituent Assembly which was chaired by Dr. Sinha in 1946 was established as per scheme recommended by the British Cabinet Mission. As per the speech of Dr. Sinha, the adopted scheme of the Constituent Assembly was differing from the suggestions of Congress, League and other political organisations of India at that time. Many of the leaders were not satisfied and not accepted by many political minded people in the country, but still adopted to end the political deadlock created by separate State demand of the Muslim League. Hence he requested all the members not to rush where even political angles might well fear to tread.
At the end while concluding his speech he invoked Divine blessings to all members of the Constituent Assembly to complete proceedings with good sense, public spirit, genuine patriotism, wisdom, toleration, justice and fairness to all; with a vision to restore India to her pristine glory, and her place of honour and equality amongst the great nations of the world.
Dr. Sinha, ended his speech with few lines of poet Muhammad Iqbal, who was prominent member of Muslim League and key figure in Pakistan Movement.[1] The Constituent Assembly started with appeasement by quoting lines of prominent separatist. This is still followed by all politicians in this or that way. Why Indian politicians need recognition from such separatist mindsets?
Nominations of Deputy Chairman
Then proceedings for nomination of Deputy Chairman were conducted. As Dr. Sinha was having certain medical conditions due to his old age, he was not able to continue to work in afternoon after luncheon recess, so he requested to give him the assistance of a Deputy Chairman and he proposed Mr. Frank Anthony. The motion was carried.
Before commencement of working of the Constituent Assembly, one of the members from Bengal passed away, hence all members conveyed their condolences. And then Dr. Sinha stared with the presentation of credentials and the signing of the Register. Secretary was asked to call upon the members one by one to present their credentials, sign the Register, then shake the hands with Chairman. Not more than two minutes were given to each member. Near about 208 members presented their credentials and signed the Register. Then Assembly was adjourned till 11 am of 10th December, 1946.
Reference:
[1] “Pan-Islamism and National Identity During the Colonial Period: Mohammad Iqbal”, PolSci.Institute, Dt. 23.07.2025, available at: https://polsci.institute/indian-political-thought-l/pan-islamism-national-identity-colonial-iqbal/, last visited on 20.4.2026
[2] Whole Article is based on the Constituent Assembly Debates, Volume I, Lok Sabha, downloaded from BJP E Library.
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