INTRODUCTION

The Constituent Assembly of India was formed to draft the Constitution of India . The
Constituent Assembly had acted as India’s first Parliament. The idea for a Constituent
Assembly was proposed by M N Roy . He was a pioneer of the Communist Movement in
India and an advocate of racial democracy. The formation of the Constituent Assembly had
become the official demand of Indian National Congress in 1935. The assembly took over
eleven months that is a period of 165 days in drafting the Constitution of our country . The
chairman of the drafting committee was Dr . B R Ambedkar.

Initially the number of members of the assembly was 389. After partition , the number of
members was changed to 299. Amongst these 229 were members from provinces and 70
were from princely states. There were total 9 woman members. The membership plan was
roughly as per Cabinet Mission Plan.

FUNCTIONS OF THE CONSTITUENT ASSEMBLY1

Framing the Constitution.

Enacting laws and involved in the decision-making process.
It adopted the National flag on July 22, 1947.
It accepted and approved India's membership of the British Commonwealth in May 1949.
It elected Dr. Rajendra Prasad as the first President of India on January 24, 1950.
It adopted the National anthem on January 24, 1950.
It adopted the National song on January 24, 1950.

IMPORTANCE OF THE CONSTITUENT ASSEMBLY

The Constitution of India is the rule-book for democratic governance in India. It came into
force on 26 January 1950 and to date remains one of the biggest milestones in the history of
our country. Framing a constitution is never a simple task but it was especially hard for India
given the extremely tumultuous situation at the time. A newly independent country with a

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highly unequal social order was a daunting challenge to deal with, especially when it was still
reeling under the effects of partition.

The Constitution was framed by the Constituent Assembly established under the Cabinet
Mission Plan of 1946. The 299 individuals who comprised the Constituent Assembly can
therefore rightfully be termed as the founding fathers and mothers of the Republic of India.
Certain members of the Constituent Assembly played a key role, the foremost of whom was
Dr. B.R. Ambedkar, whose role as the Chairman of the Drafting Committee of the Assembly
has earned him the popular moniker of ‘Father of the Indian Constitution’. Other Congress
stalwarts like Prime Minister Jawaharlal Nehru, Dr. Rajendra Prasad, and Maulana Azad were
also dominant voices in Assembly proceedings. A special mention must go to Constitutional
Advisor, Dr. B.N. Rau who compiled the initial draft that the assembly debated after taking
inputs from constitutional experts at home and abroad.

PROCESS OF THE CONSTITUENT ASSEMBLY DEBATE2

The Drafting Committee had seven members: Alladi Krishnaswami Ayyar, N. Gopalaswami;
B.R. Ambedkar, K.M Munshi, Mohammad Saadulla, B.L. Mitter and D.P. Khaitan. At its first
meeting on 30th August 1947, the Drafting Committee elected B.R Ambedkar as its Chairman.

Towards the end of October 1947, the Drafting Committee began to scrutinise the Draft
Constitution prepared by the B.N Rau, the Constitutional Advisor. It made various changes and
submitted the Draft Constitution to the President of the Constituent Assembly on 21st of
February 1948.

The Drafting Committee and its members were very influential in Indian constitution-making
during the Committee stages and the deliberations of the Constituent Assembly. Majority of
the debates in Constituent Assembly revolved around the Draft Constitution(s) prepared by the
Drafting Committee. Out of 165 sitting of the Constituent Assembly, 114 were spent debating
the Draft Constitution.

In the assembly a proposal was made by any member of the assembly and after that a date was
fixed for debate and deliberation by all the members of the committee. After deliberation if all

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the members agreed it was made the law. In order to meet the needs of the upcoming or future
societies the assembly also provided us with an amendment procedure.

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PARLIAMENTARY DEBATE3

PARLIAMENT:

The parliament of India is the supreme legislative body of the Republic of India. Parliament of
India was founded on 26 January 1950 preceded by constituent assembly of India. It is a
bicameral legislative composed of the President of India and two houses: the Rajya Sabha and
the Lok Sabha. The Indian Parliament is an expression of the faith that the people of India have
in principles of democracy. These are participation by people in the decision-making process
and government by consent. The Parliament in our system has immense powers because it is
the representative of the people. The President in his role as head of legislature has full powers
to summon and prorogue either house of Parliament or to dissolve Lok Sabha. President can
exercise these powers only upon the advice of the Prime Minister and his Union council of
Ministers.

The Parliament has a sanctioned strength of 545 in Lok Sabha including the 2 nominees from
the Anglo-Indian Community by the President, and 245 in Rajya Sabha including the 12
nominees from the expertise of different fields of science, culture, art and history. The
Parliament meets at Sansad Bhavan in New Delhi.

DEBATE

Parliamentary debates are recorded verbatim. The written records of Parliamentary debates are
often referred to as ‘Hansards’. Hansards report what is said in the parliament during the
passage of a bill into legislation.

It has become all the more necessary as a committee can also provide expertise on a matter
which is referred to it. In a committee, the matter can be deliberated at length; views can be
expressed freely as the matter can be considered in depth in a calmer atmosphere.

The committees aid and assist the legislature in discharging its duties and regulating its
functions effectively, expeditiously and efficiently. Through its committees, the Parliament
exercises its control and influence over administration. Parliamentary committees have a
salutary effect on the Executive.

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Parliamentary committees are appointed or elected by the House, or nominated by the Speaker,
and work under the direction of the Speaker, and present their report to the House or to the
Speaker, and the Secretariat for which is provided by the Lok Sabha Secretariat.

Members of either House bring proposals for new Bills and Laws before the Parliament. The
member of the Parliament then deliberate and debate on the proposals.

A bill undergoes three readings in each house, i.e., the Lok Sabha and the Rajya Sabha before
it is submitted to the president for assent.

The first reading refers to (1) motion for leave to introduce a bill in the House on the adoption
of which the bill is introduced; or (2) in the case of a bill originated in and passed by the other
House, the laying on the Table of the House of the Bill, as passed by the other House.

The second Reading is consisting of two stages. The “First Stage” constitutes discussion on the
principles of the Bill and its provisions generally on any of the following motions – that the
Bill be taken into consideration; or that the Bill be referred to a select committee of the House;
or that the Bill be referred to a joint committee of the Houses with the concurrence of the other
House; or that the Bill be circulated for the purpose of eliciting opinion there on. The “second
stage” constitutes the clause by clause consideration of the Bill, as introduced in the House or
as reported by a select or Joint committee, as the case may be.

In the case of a Bill passed by Rajya Sabha and transmitted to Lok Sabha, it is first laid on the
Table of Lok Sabha by the secretary-General, Lok Sabha. In this case the second reading refers
to the motion (1) that the Bill, as passed by Rajya Sabha, be taken into consideration; or (2)
that the Bill be referred to a select committee (if the Bill has not already been referred to a joint
committee of the Houses).

The Third Reading refers to the discussion on the motion that the Bill or the Bill, as amended,
be passed.

Almost similar procedures is followed in Rajya Sabha in respect of Bills introduced in that
House.

After a Bill has been finally passed by the Houses of Parliament, it is submitted to the President
for his assent. After a Bill has received the assent of the President, it becomes the law of the
land.

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SIGNIFICANCE

Members of Parliament frame legislation, sanction the government budget, examine the
functioning of the government and discuss matters of local, national and international
importance. These debates provide a forum for MPs to express their opinions and concerns,
and contribute towards making policy.

Parliamentary committees play a vital role in the Parliamentary system. They form a link
between the Parliament, the Executive and the general public. Entrusting certain functions of
the House to the committees has become a normal practice as the legislature is over-burdened
with heavy volume of work, with limited time at its disposal.

PURPOSE
When a motion has been made and is before the assembly, the process of debate could help the
assembly determine whether to take action on the proposal. Parliamentary debate is an essential
element in the making of rational decisions of consequence by intelligent people.

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LOK SABHA4
Lok Sabha is the lower house of parliament. It is composed of representatives of the people
chosen by direct election on the basis of the adult suffrage.

The Official Report of the proceeding of the House i.e. Lok Sabha Debates is prepared by the
Lok Sabha secretariat under the authority of the speaker. The official report of the proceedings
of Lok Sabha is published and printed by the Lok Sabha Secretariat.

Three versions of the Lok Sabha Debates are prepared. Viz, a Hindi version, an English version
and an original version. Out of these, Hindi and English versions, are printed and distributed
among the members and others. The original version is kept in the parliament Library, suitably
bound, for purposes of record and reference only.

The original version contains proceedings in English and Hindi as they actually take place in
the House. It also contains English/Hindi translation of speeches made in regional languages.

The Hindi version comprises all questions asked and answers thereto given in Hindi and the
speeches made in Hindi besides the Verbatim translation into Hindi of all questions asked and
answers thereto given in English and the speeches made in English or in a regional language.

Supplementary asked on questions or speeches delivered in Urdu appear in Devanagari script

in the printed Hindi Version of debates.

The English version contains Lok Sabha proceedings in English and English translation of the
proceedings which take place in Hindi or in any regional language.

LANGUAGES TO BE USED BY MEMBERS IN DEBATE

Under article 120 of the constitution, the business of the House is to be transacted in Hindi or
in English, but a member who cannot adequately express himself in either of the two languages
can, with the permission of the speaker, address the House in any of the languages mentioned
in the Eight schedule of the constitution or in his mother tongue. Such a member should, soon
after taking his seat in the House, inform the speaker about it in writing. On each occasion,
before speaking in the House, he should furnish at least half an hour in advance, to the officer
at the table or the Parliamentary Notice Office, a notice to the effect that he is proposing to

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speak on such and such item of the Business in such and such language. On receipt of such
notice, arrangements will be made to interpret the speech in English and Hindi, if the language
indicated by the member is one of the following viz.

(1) Assamese; (2) Bengali; (3) Kannada; (4) Maithili; (5) Malayalam; (6) Manipuri; (7)
Marathi; (8) Nepali; (9) Oriya; (10) Punjabi; (11) Sanskrit; (12) Tamil; (13) Telugu; (14) Urdu

Lok Sabha debates are not for publication and are put on Internet solely for purpose of
immediate general information in the public interest.

LOK SABHA PROCEDURE5

The first hour of a Lok Sabha sitting is dedicated to the Questions and this hour is called the
Question Hour. During this hour a member can ask questions on every aspect of administration
and Governmental activities (national and international policies). The concerned minister has
to stand up and answer to the question raised in the House.

Four types of questions may be asked by a member-

1. Starred Question – A starred question is the one in which a member desires an oral
answer from the concerned Minister and the question need to be distinguished by the
member with an asterisk. Supplementary questions can be asked. Only 20 starred
questions can be listed for a day.

2. Unstarred Question – An unstarred question is the one in which a member desires a

written answer and is deemed to be laid on the table of the house by the Minister. No
supplementary question can be asked. Only 230 unstarred questions can be listed for a
day. In addition to these 25 more questions can be asked relating to the States under
presidential Rule.

3. Short Notice Question – A member may give a notice of question on a matter of public
importance and of urgent in nature for an oral answer at a notice period of less than 10 days.

4. Questions to Private Members – A question may also be asked to a Private Mmeber

provided that the subject matter of the question relates to some Bill, Resolution or other
matters concerning a private member

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Zero Hour

The time immediately following the question hour is known as Zero Hour. It starts at around
12:00 p.m. hence it is called Zero Hour. Members can ask questions after taking prior
permission from speaker.

Discussion on Important Public matters

Members may discuss matters of important public importance with the permission of the
Speaker. This may take place on two days in a week, no formal motion is moved in the House
nor is there any voting on such discussions.

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RAJYA SABHA6
The ‘Council of States’ which is also known as Rajya Sabha, a nomenclature that was
announced by the chair in the House on the 23rd August, 1954 has its own distinctive features.
The origin of the second Chamber can be traced to the Montague-Chelmsford Report of 1918.
The Government of India Act, 1919 provided for the creation of a ‘Council of State’ as a second
chamber of the then legislature with a restricted franchise which actually came into existence
in 1921. The Governor General was the ex-officio President of the then Council of State. The
Government of India Act, 1935, hardly made any changes in its composition.

The Constituent Assembly, which first met on 9 December 1946, also acted as the Central
Legislature till 1950, when it was converted as ‘Provisional Parliament’. During this period,
the Central Legislature which was known as Constituent Assembly (Legislative) and later
Provisional Parliament was unicameral till the first elections were held in 1952.

Extensive debate took place in the Constituent Assembly regarding the utility or otherwise of
a Second Chamber in Independent India and ultimately, it was decided to have a bicameral
legislature for independent India mainly because a federal system was considered to be most
feasible form of Government for such a vast country with immense diversities. A single directly
elected House, in fact, was considered inadequate to meet the challenges before free India. A
second chamber known as the ‘Council of States’, therefore, was created with altogether
different composition and method of election from that of the directly elected House of the
People. It was conceived as another Chamber, with smaller membership than the Lok Sabha
(House of the People). It was meant to be the federal chamber i.e., a House elected by the
elected members of Assemblies of the States and two Union Territories in which States were
not given equal representation. Apart from the elected members, provision was also made for
the nomination of twelve members to the House by the President. The minimum age of thirty
years was fixed for membership as against twenty-five years for the Lower House. The element
of dignity and prestige was added to the Council of State House by making the Vice-President
of India ex-officio Chairman.

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COMPOSITION\STRENGTH

Article 80 of the Constitution lays down the maximum strength of Rajya Sabha as 250, out of
which 12 members are nominated by the President and 238 are representatives of the States
and of the two Union Territories. The present strength of Rajya Sabha, however, is 245, out
of which 233 are representatives of the States and Union territories of Delhi and Puducherry
and 12 are nominated by the President. The members nominated by the President are
persons having special knowledge or practical experience in respect of such matters as
literature, science, art and social service.

ELIGIBILITY

QUALIFICATION

Article 84 of the Constitution lays down the qualifications for membership of Parliament. A
person to be qualified for the membership of the Rajya Sabha should posses the following
qualifications: 1. he must be a citizen of India and make and subscribe before some person
authorized in that behalf by the Election Commission an oath or affirmation according to the
form set out for the purpose in the Third Schedule to the Constitution; 2. he must be not less
than 30 years of age; 3. he must possess such other qualifications as may be prescribed in
that behalf by or under any law made by Parliament

DISQUALIFICATION

Article 102 of the Constitution lays down that a person shall be disqualified for being chosen
as, and for being, a member of either House of Parliament – 1. if he holds any office of profit
under the Government of India or the Government of any State, other than an office declared
by Parliament by law not to disqualify its holder; 2. if he is of unsound mind and stands so
declared by a competent court; 3. if he is an undischarged insolvent; 4. if he is not a citizen of
India, or has voluntarily acquired the citizenship of a foreign State, or is under any
acknowledgement of allegiance or adherence to a foreign State.

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SPECIAL POWER OF RAJYA SABHA7
Rajya Sabha being a federal chamber enjoys certain special powers under the Constitution. All
the subjects/areas regarding legislation have been divided into three Lists - Union List, State
List and concurrent List. Union and State Lists are mutually exclusive - one cannot legislate
on a matter placed in the sphere of the other. However, if Rajya Sabha passes a resolution by a
majority of not less than two-thirds of members present and voting saying that it is “necessary
or expedient in the national interest” that Parliament should make a law on a matter enumerated
in the State List, Parliament becomes empowered to make a law on the subject specified in the
resolution, for the whole or any part of the territory of India. Such a resolution remains in force
for a maximum period of one year but this period can be extended by one year at a time by
passing a similar resolution further. If Rajya Sabha passes a resolution by a majority of not less
than two-thirds of the members present and voting declaring that it is necessary or expedient
in the national interest to create one or more.

All India Services common to the Union and the States, Parliament becomes empowered to
create by law such services. Under the Constitution, the President is empowered to issue
Proclamations in the event of national emergency, in the event of failure of constitutional
machinery in a State, or in the case of financial emergency. Every such proclamation has to be
approved by both Houses of Parliament within a stipulated period. Under certain
circumstances, however, Rajya Sabha enjoys special powers in this regard. If a Proclamation
is issued at a time when Lok Sabha has been dissolved or the dissolution of Lok Sabha takes
place within the period allowed for its approval, then the proclamation remains effective, if the
resolution approving it is passed by Rajya Sabha within the period specified in the Constitution
under articles 352, 356 and 360.

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PROCEDURE IN RAJYA SABHA8

On 16 November 2016, during the winter session of Indian Parliament, the sittings in both
Upper and Lower Houses of Parliament observed strong opposition and uproar by political
parties on demonetisation (note ban) initiative by the Narendra Modi Government.

Rajya Sabha’s proceedings are presided over by the Chairman of the House. The proceedings
are guided by the Rules of Procedure, which are implemented by the Chairman. The Rules give
the Chairman discretion in some matters to ensure smooth functioning of the House. For
example, the discretion to allow an MP to raise a matter of public importance rests with the
Chairman. In the Chairman’s absence, the Deputy Chair or the Panel of Chairmen presides
over the House. The functioning of the Rajya Sabha is co-ordinated by the Rajya Sabha
Secretariat. Each morning, MPs receive a packet containing information about the day’s agenda
and a summary of the previous day’s proceedings.

3. Debates and Motions: -

MPs may raise and debate various issues in the House. Some of these are voted upon by the
House and some are just discussed with no successive voting.

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CONCLUSION

Hence from the above data or information we have learnt that the making of the Constitution
was done through a very fare process. Also, we learnt that The Indian Government had
discussed and deliberated upon all the areas of Interest of the people with the help of the
Representatives chosen by them. Our makers also provided us with an amendment procedure
by keeping in mind the future needs of the people or the society.

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