The making of the Indian Constitution

The making of Indian Constitution,
The making of Indian Constitution 


The Making of Indian Constitution 


Most important facts regarding the making of Indian Constitution are as follows :

  • Indian Constitution was framed by a Constituent Assembly in a long time of 2 years , 11 months and 18 days . It is the longest Constitution in the world.An amount of rs.64 lakh was spent in making the constitution.

  • The demand for a Constituent Assembly to draft Indian Constitution was for the first time raised by the congress in 1935. The British Government accepted this demand , for the first time , in principle in the August proposals of 1940.

  • The constituent Assembly was constituted in Nov. 1946 through indirect election of its members by provincial legislatures under the provisions of Cabinet Mission Plan ,1946.

  • The Assembly consisted of total 389 members of which 292 were to be elected from province,93 were nominated from princely States and four members were nominated from Chief Commissioner's areas. Also the seats were further allocated to three communities - Muslims,  Sikhs and General - in proportion to their population . Roughly one member was to represent a population of 10 lakh.

  • Each provincial assembly elected its members for the constituent Assembly through single transferable vote system of proportional representation. The method of representation in princely states was to be decided with their consultation. 

  • The Mountbatten plan of 3rd june , 1947 announced partition of the country and a separate constituent Assembly for the proposed state of Pakistan. Consequently the members of Constituent Assembly representing those areas which were to be included in Pakistan - West Punjab , East Bengal,  NWFP ( North West Frontiier Province) ,Sindh Baluchistan  and Sylhet district of Assam were no more members of Indian Constituent assembly . NWFP and sylhet decided through a referendum to remain with Pakistan. Thus the membership of the Indian Constituent Assembly was reduced to 299 after partition and only 284 members signed the Constitution on 26 Nov, 1949.

The Making of Indian Constitution 

  • The first meeting of the constituent Assembly was held on Dec. 9 , 1946 which was boycotted by muslim league.

  • Dr. Sachidanand Sinha was elected as temporary Chairman and later Dr. Rajendra Prasad was elected as permanent President of the Constituent Assembly. 

  • B N Rao  as Legal Advisor,was appointed in the constituent Assembly. 

  • Jawahar lal Nehru introduced Objective Resolution on 13th Dec,1946 which was adopted by constituent Assembly on January 22,  1947. Its modified version forms the preamble  of Indian Constitution. 

  • To facilitate the work of Constitution making , the Assembly appointed 22 committee of which 10 were on procedural Affairs and 12 on substantive affairs. The main committee were - Rule of Procedure committee, Committe for Negotiating with States , Steering Committee, Union and Provincial Constitution Committee , Flag committee etc.
The making of Indian Constitution,
The making of Indian Constitution 

  • However the most important was the seven member drafting committee headed by Dr.B.R. Ambedkar, which was set up on Aug. 29 , 1947. The other members of the committee were - N Gopalaswamy Ayyangar, Alladi Krishnaswami Ayyar , K.M Munshi, Mohammad Saadullah, B . L. Mittar ( replaced by N Madhav Rao later) , and D.P. Khaitan ( replaced by T.T. Krishnamachari after his death on 1948).

  • The Drafting Committee finalised the Draft Constitution of India in Feb. 1948 and the second reading of the same by the Assembly was completed on Oct 17, 1948. For the third reading of the constitution,  the Assembly met on Nov.1949 and finished it on Nov. 26 , 1949. The Constitution was adopted on the same date with members and the President  signing the Constitution. 

The Making of Indian Constitution 

  • According to Article 394, some of the provisions of the constitution relating to citizenship, elections , provisional parliament and temporary and transitional provisions contained in Articles 5, 6, 7, 8, 9, 60, 324,366, 367, 379, 380, 388, 391, 392, and  393 came into force on 26 th Nov. ..1949 and the remaining provisions of the constitution came into force on 26th jan..1950.

  • The Republic day is celebrated on 26th Jan., because India was declared Republic on this day in 1950. Republic means , a dorm of government where the head of the state (President ) is directly or indirectly elected by people.

  • January 26 was selected as the date of commencement of Indian Constitution because of its historical significance . On this date in 1930 that Indian people observed Independence Day , following the resolution of Congress session held in Dec. 1929 at Lahore.

  • The Constituent Assembly came to end on 24 Jan..,1950 but it emerged as provsional parliament on 26 Jan . till the election of Lok Sabha.  The President of Assembly Dr. Rajendra Prasad was appointed as the first President of Indian Republic till the elections.

The Making of Indian Constitution 

  • According to Article 395 with the Commencement of Indian Constitution,  the Indian Independence Act, 1947, and the Govt . Of India Act 1935, are repealed. But the Abolition of Privy council Jurisdiction Act ,1949 was not repealed.

  • Some constituent experts do not recognise the Constituent Assembly as sovereign body as it was created by the proposals of British Govt. But after India became independent in Aug .1947, the Constituent Assembly functioned as a sovereign entity for all practical purposes.

  • Jawahar Lal Nehru,  Sardar Vallabh Bhai Patel, Rajendra Prasad, Maulana Abul Kalam Azad, Acharya J.B. Kriplani, T.T. Krishnamachari and Dr. B.R. Ambedkar played a very vital significant role in Constitution making. However,  Dr.B.R Ambedkar is recognised  as ' Father of the Indian Constitution'.

Previous
Next Post »