Making of the Constitution

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Making of the Constitution

  • In 1934, for the first time, M.N. Roy has put forward the idea of Constituent Assembly he is a pioneer of communist movement in India.
  • In 1935, for the first time, INC has officially demanded a constituent assembly to frame the ©.
  • In 1940, “August Offer”, finally the Britishers have accepted this demand.
  • In 1942, crips mission to India with a draft proposal of the Biritsh government on the framing of an independent © after the WWII.
  • But was rejected by Muslim league who wanted the partition of India, & two separate constituent assemblies.
  • Finally, a cabinet Mission’s to India’s scheme put forth about constituent assembly has more or less satisfied the Muslim league.

    • Composition of the Constituent Assembly:-

  • November 1946, Constituent Assembly Constituent under cabinet Mission Plan Scheme.
  1. Total strength of the constituent Assembly –389.

                     British India 296
                     Princely States 93
  1. Each Province & princely state were to be allotted seats to their respective population.
  2. In each British province, the seats are allocated among the (3) principal communities Muslims, Sikhs & general in proportion to their population.
  3. Communal representation “and method of proportional rep. By means of single transferable vote is followed in election of ref. Of each community.
  4. The representatives of princely states are nominated by the heads of the princely states.
Hence, the constituent Assembly is a
Partly elected, partly nominated body, &
The members are indirectly elected by the provincial assembly members who themselves are elected on a limited franchise.
  • It comprised of representatives of all sections of Indian Society. Hindu,
  • Muslims,
  • Sikhs,
  • Parsis Ind Christians,
  • Anglo Indians
  • SC & ST’s

Including women of all these sections.

  • Except Gandhi & M. A. Jinnal constituent assembly included all imp personalities of India.

    • Working of the © Assembly.
  • December 9, 1946, held its first meeting.
  • Muslim league boycotted, demanding for partition.
  • Dr. Sachchidanand Sinha, the oldest memb, was elected as temporary President of © assembly following the French practise.
  • Dec 11, 1946 – Dr. Rajendra Prasad as President
  •                          H. C. Mukerjee as Vice President were elected to the © assembly & Sir B. N. Rau was appointed © advisor to the assembly.
  • December 13, 1946, Pandit Nehru moved the historic “Objectives Resolv.” In the assembly.
  • It was adopted by the Assembly on January 22, 1947.
  • Its modified version forms the preamble of our ©..
  • Rep. Of princely states gradually joined © assembly.
  • Muslim league from the Indian dominion also joined the © assembly.
  • I I Act 1947 had made following three changes in the position of the assembly.

  1. © Assembly made a fully sovereign body.

It could frame any ©.
It can abrogate or alter any law made by the (B) Parl. In rel. to India.

  1. © Assembly not only works for the framing of the © but also acts as a legislative body i.e. it enacts ordinary laws. Hence © assembly is the first parl. Of free India. Two tasks to be performed on separate days.

Dr. Rajendra Prasad – If Assembly is met as © body.
   (Chased by
G. V. Mayalankar – If Assembly met as legislative body.

These 2 FC’s continued till November 26, 1949.

3) Total strength of the © assembly has come down to 299 from 389 since muslim league members withdraw.

The other fC’s of the © assembly are –

  1. Ratified the Indias membership of the commonwealth in May 1949.
  2. Adopted the national flag on July 22, 1947.
  3. Adopted the National on three & National song on January 24 1950.
  4. Elected Dr. Rajendra Prasad as the fist President of India.
  • Over 2 years 11 months & 18 days, there were 11 sessions.
  • 60 countries ©’s have been gone through
  • 104 days for the consideration of the draft ©.
  • $$Word$$ esp. on making the © 64 lakh.
  • © assembly’s final session on Jan 24, 1950 formed after Gen. Elect. On 1951-52 it continued as provisional parl.

    • Committees of the © assembly:-

Total 22 committees appointed by © assembly.

10 Committees of the © assembly:-

    1. Steering Committee – Dr. K. M. Mounghi.
    2. Rules of Procedure Com – Dr. Rajendra Prasad

12 Committees on substantive affairs.

  1. Drafting Committee – Dr. B. R. Ambedkar.
  2. Committee for Negotiating with States – Dr. Rajendra Prasad
  3. Union © Committee – Jawahar lal Nehru
  4. Provincial © Committee – Sardar Patel
  5. Special committee to Examine the Draft © – Sir Alladi Krishnaswamy Iyer.
  6. Union powers committee – Jawahar Lal Nehru
  7. Committee on FR’s & Minorities – Sardar Patel.

    • Drafting Committee:

  • Most imp. Committee.
  • Set up on Aug 29, 1947
  • To prepare a draft of the new ©.
  • (7) members.

  1. Dr. B. R. Ambedkar (Chairman)
  2. N. Gopalaswamy Ayyangar.
  3. Alladi Krishnaswamy Ayyar.
  4. Dr. K. M. Meenshi (Replace d. L . Mitter)
  5. Syed Mohammead Saadullah.
  6. N. Madhava Rau.
  7. T. T. Krishna machari (reported D P Khaitan)
  8. on its 3rd draft, i.e.

    • After Three readings of the draft ©.

© was adopted on November 26, 1949 & “Date of commencement” of the © is Jan 26, 1950.

  • It had  Preamble
  • 395 Articles
  • 8 Schedules
  • Preamble was enacted, after entire © was enacted.
  • Dr. B. R. Ambedkar (then law minister)
  • “Father of the © of India”
  • “Chief Architect of the © of India” &
  • “Modern Manu”

    • Enforcement of the ©:-

  • So we provisions such as citizenship. Elections, provisional parliament, temporary & transitional prov., & short title contained in various articles of the © came into force on November 26, 1949.
  • Remaining Provisions came into force an January 26 1950 – “Date of Commencement”.
  • Jan 26 – Historical importance because on January 26, 1930, “Purna Swaraj” day was celebrated.
  • Following the resolve of
  • Lahore session (Dec 1929) of the 1 NC.
  • GOI Act 1935 & II Act, 1947 are repealed.

However,
Abolition of Privy council jurisdiction Act continued (1949).

    • Criticism of the © Assembly:-

  1. Not a Representative body:

                        Member not directing electedon the basis of universal adult franchise.

  1. Not a sovereign body:

                   It was created on the proposals of the British Government & on the sessions held with the permission of the British government.
  1. Time Consuming:-

  • Took long time whereas American © took only Four months.
  1. Dominated by congress:-

  1. Lawyer-Politican Domination:-

  • Other sections were not sufficiently dominated.
  • Main reason for the bulkiness & complicated language of the constitution.
  1. Dominated by Hindus.
  2. ******************
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