|
Developments During the Making of the Indian constitution |
|
|
Dates |
Developments during the making of the constitution of India |
|
1934 |
MN Roy
gave the idea of a constituent assembly for framing the Indian constitution. |
|
1935 |
This
idea of forming a constituent assembly was supported by leaders of the Indian
National Congress, and demand was put forward. |
|
1938 |
Jawaharlal
Nehru, on behalf of the Indian National Congress, demanded that the
constituent assembly consist of Indians only. |
|
1940 |
Britishers
accepted this demand in the August
offer. |
|
1942 |
Before
the Quit India movement, Cripps’s
mission said that the formation of a constituent assembly would be
after World
War II (1939-1945). |
|
1946 |
The
Cabinet mission formed a constituent assembly. Constituent
assembly had 389 seats (296 British
India and 93 Princely
states) Majority
seats by Congress-208 |
|
9th
Dec 1946 |
The
first meeting of the constituent assembly took place with 211 members. The
first President of the assembly was Dr Sachidanand Sinha. |
|
11th
Dec 1946 |
Permanent President Dr
Rajendra Prasad. Vice
President H. C. Mukherjee Constitutional
advisor B. N. Rao |
|
13th
Dec 1946 |
Objective
resolution was given by Jawaharlal Nehru, who laid the philosophical
structure of the Indian constitution. It was passed on 22nd July 1947. |
|
3rd
June 1947 |
Lord Mountbatten planned
for two constituent assemblies. The
number of seats was reduced to 299. The
first Parliament
of India – the constituent assembly was formed. The
first speaker of Independent India- G.V. Malvankar. Chairman
of constituent assembly Dr Rajendra prasad. |
|
26th
November 1949 |
The
Constitution of India was made. |
The Indian Independence Act, 1947
The beginning of independent India was marked by Pandit Jawaharlal Nehru's
famous speech, "A Tryst with Destiny." The Indian Independence Act of
1947 laid the foundation for the establishment of two independent dominions:
India and Pakistan. This Act also provided for the partition of Punjab and
Bengal, which led to the creation of the two nations. The Boundary Commission
was set up to determine the boundaries between the two dominions, particularly
regarding these provinces.
An important
aspect of the Indian Independence Act was that it offered the Princely States
three choices: joining India, pledging allegiance to Pakistan, or remaining
independent. The Constituent Assemblies of both countries were given the
authority to draft their respective Constitutions. On August 15, 1947, Lord
Mountbatten officially announced the relinquishment of British control over
both India and Pakistan.
Framing of
the Constitution of India
The process of drafting the Constitution began in December 1946 when members of
the provincial assemblies formed the Constituent Assembly. Dr. B.R. Ambedkar,
who is regarded as the principal architect of the Indian Constitution, chaired
the Drafting Committee, which prepared the final draft of the Constitution. The
drafting process took place between December 9, 1946, and November 26, 1949.
Although the
idea of a Constituent Assembly was proposed by Sh. M. N. Roy as early as 1934,
it wasn’t until the Cabinet Mission Plan in 1946 that elections were held for
this body. The purpose of the Constituent Assembly was to create a detailed
Constitution for a newly independent India. The Muslim League boycotted the
assembly, as they were seeking a separate Constitution for Pakistan. The
Constituent Assembly took into account the opinions of linguistic minorities
and Dalits (whom Gandhiji referred to as Harijans), who sought provisions for
the protection of their rights and for the abolition of caste discrimination.
The
Constituent Assembly was composed of prominent leaders such as Pandit
Jawaharlal Nehru, Dr. Rajendra Prasad, Sardar Vallabhbhai Patel, Maulana Abul
Kalam Azad, and many others. Their first meeting was postponed to December 9,
1946, to begin drafting the Constitution.
Committees
under the Constituent Assembly
The Constituent Assembly had 22 committees divided into three categories:
Procedural, Substantive, and Drafting Committees. Their roles were as follows:
- Procedural Committees: These
committees dealt with the internal workings of the Constituent Assembly,
such as language translation, press, rules, and procedures.
- Substantive Committees: These
were responsible for the structure and constituent elements of the
Constitution.
- Drafting Committee: This
was the most important committee and was tasked with preparing the final
draft of the Constitution. It was appointed on August 29, 1947, and
consisted of seven members:
- Dr. Bhim Rao Ambedkar (Chairman)
- Sh. N. Gopalaswami
- Sh. Alladi Krishnaswami Ayyar
- Sh. K.M. Munshi
- Sh. Muhammad Saadulla
- Sh. B.L. Mitter
- Sh. D.P. Khaitan (replaced later by Sri
T.T. Krishnamachari)
Adoption of
the Constitution of India
The Constitution of India was adopted on November 26, 1949, and it came into
force on January 26, 1950. This date was chosen to commemorate the 1930
declaration of "Poorna Swaraj" (complete independence) by the Indian
National Congress. Initially, the provisions related to citizenship, elections,
the provisional Parliament, and temporary provisions came into effect on
November 26, 1949. The rest of the Constitution came into force on January 26,
1950. The Constitution replaced the Government of India Act, 1935, and the
Dominion of India was transformed into the Republic of India.
Preamble and
Amendments
The Constitution of India declared India to be a Sovereign, Socialist, Secular,
and Democratic Republic. The words "socialist" and
"secular," along with the phrase "unity and integrity of the
nation," were added to the Preamble by the Forty-Second Amendment Act of
1976, often referred to as the "mini-Constitution."
The
Constitution of India is a dynamic document that has evolved over time through
amendments. The framers of the Constitution included Article 368, which
provides the procedure for amending the Constitution.
Some key
amendments include:
- First Amendment (1951): Added
restrictions to the freedom of speech and expression under Article 19.
- Forty-Second Amendment Act (1976):
Introduced significant changes, including the addition of the words
"socialist," "secular," and "unity and integrity
of the nation" to the Preamble. It also added a new Part IV-A
(Article 51A) detailing the Fundamental Duties of citizens.
The
Constitution has been amended numerous times to address the evolving needs of
the country.
Sources of
the Indian Constitution
The Indian Constitution is a unique blend of various features borrowed from the
Constitutions of different countries:
|
Country/Source |
Borrowed
Feature |
|
United
States of America (USA) |
Fundamental
Rights, Judicial Review, Impeachment of President |
|
United
Kingdom (UK) |
Bicameral
Parliament, Rule of Law, Writs, Cabinet System |
|
Australia |
Concurrent
List, Freedom of Trade, Joint Sittings of Parliament |
|
Canada |
Advisory
jurisdiction of the Supreme Court, a Federation with a strong center |
|
Ireland |
Directive
Principles of State Policy (DPSP), Election of President |
|
Russia
(Soviet Union) |
Fundamental
Duties, Social, Economic, and Political Justice |
|
Germany |
Suspension
of Fundamental Rights during Emergency |
|
Japan |
Procedure
established by the Law |
|
South
Africa |
Amendment
of the Constitution |
|
France |
Republican
Character, Ideals of Liberty, Equality, and Fraternity in the Preamble |
Conclusion
The Indian Constitution remains a living document that continues to evolve in
response to the changing dynamics of Indian society. Its adaptability and
commitment to democratic ideals ensure that it remains a guiding force for
India’s governance. The role of amendments, the influence of various nations'
constitutional principles, and the vision of the framers all contribute to
shaping the Indian Constitution into the document it is today.