Making of the Indian Constitution (Indian Polity)

 

 Making of the Indian Constitution (Constituent Assembly and sources of the constitution)

Making of the Indian Constitution

1. The idea of an independent constituent assembly for India was proposed by M.N Roy in 1934.
2. The constituent assembly for India was formed as per the guidelines suggested by the Cabinet Mission Plan of 1946. The mission was headed by Pethick Lawrence and with two other members apart from him named Stafford Cripps and A.V Alexander. 
3. The total member strength of the assembly was 389. However, after partition, only 299 members remained. Some members of the constituent assembly were elected whereas some were nominated.
4. The elections took place in July-August 1946  to form the assembly and the process was completed by November 1946. The first meeting of the assembly took place on December 9, 1946, and 211 members attended the assembly.
5. Dr. Sachhidanand Sinha was chosen as the temporary President of the assembly for 2 days.
6. On December 11, 1946, Dr. Rajendra Prasad was elected as President whereas H.C Mukherji was elected as Vice-President of the assembly.
7. The constituent assembly appointed Sir B.N Rau as the constitutional advisor.
8. On December 13, 1946, Pandit Jawaharlal Nehru moved the Objectives resolution which later went on to become the Preamble of the Indian constitution in slightly modified form. The resolution was unanimously adopted on January 22, 1947.
9. The Constituent Assembly confirmed India’s membership of the commonwealth in May 1949. Also, it adopted National Song and National Anthem on January 24, 1950 and Adopted the National Flag on July 22, 1947.
10. The assembly set for meeting for 11 sessions and took 2 years, 11 months and 18 days to frame up the final draft of the constitution, sat for total 141 days and the draft constitution was considered for 114 days. The total amount incurred to make the whole constitution of India was around rupees 64 lakhs.
11. There were 15 women members in the assembly which were reduced to 9 after partition.
12. Some important committees of the constituent assembly of India are shown below along with their respective chairpersons:

• Union Constitution Committee - Jawahar Lal Nehru
• Union Powers Committee - Jawahar Lal Nehru
• Steering Committee - Dr. Rajendra Prasad
• Drafting Committee - B.R Ambedkar
• Provincial Constitution Committee - Sardar Patel
• Flag Committee - J.B. Kripalani
• Rules of Procedure Committee - Dr. Rajendra Prasad

13. The members of the Drafting Committee are shown below-

• Dr. B.R Ambedkar (Chairman)
• N Madhava Rau
• N. Gopalaswamy Ayyangar
• Dr. K.M Munshi
• TT Krishnamachari
• Alladi Krishnaswamy Ayyar
• Syed Mohammad Saadullah
• The final draft of the constitution was adopted on November 26, 1949, and 8 schedules, 22 parts, and 395 articles were in the draft.

VARIOUS SOURCES OF THE INDIAN CONSTITUTION

1. Government of India Act of 1935 - Federal Scheme, Public Service Commissions, Judiciary, Emergency provisions Office of the governor, and administrative details.
2. British Constitution - legislative procedure, Parliamentary government, single citizenship, Rule of Law, prerogative writs, cabinet system, bicameralism, and parliamentary privileges.
3. US Constitution - Fundamental rights (FRs), Judicial Review, the impeachment of the president, removal of judges of Supreme Court and high court and post of vice-president, independence of the judiciary system.
4. Irish Constitution - Directive Principles of State Policy (DPSPs), method of election of the president, and the nomination of members to council of states (Rajya Sabha).
5. Canadian Constitution - Federation with a strong Centre, the appointment of state governors by the Centre, vesting of residuary powers in the Centre, and advisory jurisdiction of the Supreme Court.
6. Australian Constitution - Concurrent List, commerce, freedom of trade, and the joint meeting of both Houses of Parliament.
7. Weimar Constitution of Germany - Suspension of Fundamental Rights (FRs) during Emergency situations.
8. Soviet Constitution (USSR, now Russia) - Fundamental duties (FDs) and the ideals of social, economic, and political justice in the Preamble.
9. Japanese Constitution - System established by the Law.
10. French Constitution - Republic and the ideals of equality, liberty, and fraternity in the Preamble.
11. South African Constitution - Election of members of Rajya Sabha, Procedure for amendment of the Constitution, .