What is the difference between constituent assembly and drafting committee?
Constituent Assembly
A constituent assembly is a body of elected representatives that is specifically convened to draft or amend a constitution. It is a sovereign body that has the power to make fundamental changes to the political structure of a state.
Key Features of a Constituent Assembly:
- Elected body: Members are usually elected by the people through a special election.
- Sovereign power: Has the authority to make fundamental changes to the constitution, including establishing the form of government, defining the powers of different branches of government, and outlining basic rights of citizens.
- Temporary: The assembly typically dissolves once the constitution is drafted or amended.
Drafting Committee
A drafting committee is a smaller group of experts appointed by a legislative body or other governing entity to draft or revise a specific piece of legislation, including a constitution.
Key Features of a Drafting Committee:
- Appointed body: Members are appointed by a governing body.
- Limited power: The committee's power is limited to drafting the specific legislation. It does not have the authority to make fundamental changes to the political structure.
- Permanent or Temporary: The committee can be permanent, like a legislative committee, or temporary, formed for a specific purpose.
Key Differences
The main difference between a constituent assembly and a drafting committee lies in their power and scope of authority:
- Power: Constituent assemblies are sovereign bodies with the power to make fundamental changes, while drafting committees have a more limited scope of authority.
- Scope: Constituent assemblies are responsible for drafting or amending an entire constitution, while drafting committees focus on specific pieces of legislation.
- Elected vs. Appointed: Constituent assemblies are elected bodies, while drafting committees are appointed.
Conclusion
In essence, a constituent assembly is a powerful body responsible for crafting or revising a nation's fundamental legal document, while a drafting committee is a smaller group tasked with preparing specific pieces of legislation, including a constitution. While both play a role in the legislative process, they differ significantly in their scope of authority and power.