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Difficulty: HardConstitutional Development, Framing, and Preamble

With reference to the structural and functional changes brought about in the Constituent Assembly of India by the Indian Independence Act of 1947, consider the following statements:

1. The Assembly was made a fully sovereign body, empowered to alter or repeal any law made by the British Parliament in relation to India.
2. The Assembly performed dual functions—legislative and constituent—and both sessions were presided over by Dr. Rajendra Prasad.
3. The total strength of the Constituent Assembly was reduced to 299 members from the originally sanctioned 389 members due to the withdrawal of members from Muslim League-dominated areas.

Which of the statements given above are correct?

  1. A
    1 and 2 only
  2. B
    2 and 3 only
  3. 1 and 3 onlyAnswer
  4. D
    1, 2 and 3

Answer

Statements 1 and 3 are correct. The option containing '1 and 3 only' is the correct answer.
The Indian Independence Act of 1947 transformed the Constituent Assembly into a sovereign body authorized to abrogate British legislation. Following partition, Muslim League members withdrew, reducing the membership to 299. However, when functioning as a law-making legislative body, the Assembly was presided over by G.V. Mavlankar, whereas Dr. Rajendra Prasad presided only when it convened to frame the Constitution.

Step-by-Step Solution

1
Analyze Statement 1 regarding Assembly sovereignty
Statement 1 is correct. Section 8 of the Indian Independence Act of 1947 abrogated the control of the British Parliament and made the Constituent Assembly a fully sovereign body, competent to repeal or alter any existing British law applicable to India.
Verify the constitutional power transferred to the Constituent Assembly under the 1947 Act.
2
Analyze Statement 2 regarding dual functions and presiding officers
Statement 2 is incorrect. While the Assembly was assigned dual tasks (making the Constitution and enacting ordinary laws), these two tasks were performed on separate days. When the Assembly met as a constituent body, it was chaired by Dr. Rajendra Prasad; when it met as a legislative body (India's provisional Parliament), it was chaired by G.V. Mavlankar.
Examine the leadership structure of the Assembly during its constituent vs legislative functions.
3
Analyze Statement 3 regarding revised membership strength
Statement 3 is correct. Following the partition and withdrawal of the Muslim League members representing Pakistan areas, the total strength of the Assembly fell from 389 to 299 (229 from Indian provinces and 70 from princely states).
Check the numerical impact of partition on the Constituent Assembly composition.

Key Concept

Impact of the Indian Independence Act of 1947 on the Constituent Assembly
Estimated Time:2m 0s
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Topics

Constitutional Development, Framing, and Preamble

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