Features and Formulation of Indian Constitution

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Features and Formulation of Indian Constitution

 

Demand for Constitution

 

  1. In 1938 AD, Jawaharlal Nehru in 1939 AD the Congress Working Committee clearly demanded its own Constituent Assembly of Indians
  2. The Congress demanded in 1935 AD that the Constitution of India should be made without any outside interference
  3. Due to the failure of legal commissions and round table conferences, the Government of India Act 1935 was passed to fulfill the aspirations of Indians
  4. Mahatma Gandhi demanded during the Non-Cooperation Movement in 1922 AD that the political destiny of India should be decided by the Indians themselves.

Cabinet Mission Plan 1946

After the Crisp Mission sent by the British Government in 1942 AD on the demand of Indians was rejected by the nationalists, the British Government presented a Cabinet Mission Plan in 1946 AD in which the arrangements were:

  1. India would be a union consisting of British India and the princely states
  2. The Union shall have an executive and a legislature consisting of representatives of the provinces and states, with all days of assistance, an interim government will soon be formed in which all the departments will be in the hands of Indians

 

Interim government

 

  1. Apart from Nehru, the total number of members in this government was 11.

 

  1. Initially, the Muslim League did not join this government, but on the occasion of reorganization on 26 October 1946, 5  of its members joined the government

 

  1. On 2 September 1946, an interim government was formed under the leadership of Jawaharlal Nehru
  2. In fact, the Viceroy’s Executive Council was the interim government, the Viceroy was its President and Jawaharlal Nehru the Vice-President

 

  1. According to the provisions of the Cabinet Mission Plan that came to India in March 1946 AD, the interim government was announced on 24 August 1946

 

Cabinet committee of 1946

  1. Jawaharlal Nehru                     Vice President, Executive Council, Foreign Affairs and Commonwealth

 

  1. Asaf Ali                                     Ministry of Railways
  2. Jagjivan Ram                            Labour & Welfare
  3. John Mathai                             Ministry of Industry
  4. H.J. Bhabha                              Ministry of Mines & Ports
  5. Rajendra Prasad                       Minister of Food and Agriculture
  6. Baldev Singh                            Minister of Defense
  7. Vallabhbhai Patel                      Minister of Home Information and Broadcasting
  8. C Rajagopalachari                    Ministry of Education

 

Members who joined from Muslim League later

  1. Abdul Khan Nastar                            Communication
  2. Gazfar Ali                                           Health
  3. Jogendra Nath                                   Vidhi
  4. Liaquat Ali Khan                                 Minister of Finance

 

Constituent assembly

  1. The Constituent Assembly was first formulated in principle by the likeliphs of England and by Henry Wayne

 

  1. According to the Cabinet Mission Plan for the formation of the Indian Constitution, the Constituent Assembly was to be constituted by 389 elected representatives, out of which one member for every million population was to be elected by the members of the Provincial Legislative Assembly
  2. The election of 296 seats fixed for the Indian provinces was completed in July-August 1946, in which Congress won 208 seats, Muslim League 73, Independents 8 and small parties 7
  3. The total number of members of the Constituent Assembly was 389, in which 296 members were from British India and 93 members from the princely states
  4. Out of 296 members of the provinces, the allocation to seats was as follows: General 213, Muslims 79 and Sikhs 4
  5. The first meeting of the Constituent Assembly was held on December 9, 1946 in the Central Hall of Parliament House in New Delhi, which was boycotted by the Muslim League
  6. According to the plan of 3 June 1947, a separate Constituent Assembly was constituted for Pakistan, in which the membership of the Constituent Assembly was reduced and it was left with 235 representatives of the provinces and 73 representatives of the native princely states, so the Constituent Assembly now had only 308 members
  7. On 26 November 1949, 284 members were present who signed the constitution finally passed

 

Committees of the Constitution

  1. Drafting Committee Chairman                                 Bhimrao Ambedkar        Member 7

 

  1. Draft Review Committee                                          Chairman Alladi K. swamy Iyer      9
  2. Raw Drafting Committee                                        Chairman Benegal Narasimha Rao 4
  3. Business Steering Committee                                 Chairman KM Munshi                     3
  4. Flag Committee Chairman                                       J B Kripalani
  5. Provincial Constitution Committee Chairman         Vallabh Bhai Patel                        25
  6. Fundamental Rights and Minorities Committee      Vallabh Bhai Patel                        54
  7. Sangh Shakti Samiti President                                 Jawaharlal Nehru                           9
  8. Union Constitution Committee Chairman               Jawaharlal Nehru                          15

 

Important facts

 

  1. On August 29, 1947, a drafting committee was formed under the leadership of Dr. Bhimrao Ambedkar
  2. B.I. Iyengar was the Secretary of the Constituent Assembly and was also the Electoral Returning Officer to the President
  3. The Purpose Proposal was presented before the Constituent Assembly by Jawaharlal Nehru on 13 December 1946
  4. The committee was headed by Dr. Bhimrao Ambedkar and its members were Sir Gopal Swami Iyengar, Mohammad Saadullah, Kanhaiya Lal, Manik Lal Munshi, AK Iyer, BL Mittal, DP Khaitan
  5. Rajendra Prasad was permanently elected President of the Constituent Assembly on 11 December 1946 AD
  6. The first and last temporary chairman Dr. Sachchidanand Sinha presided over the first meeting
  7. The draft of the constitution was published in February 1948 AD, on 26 November 1949, the draft constitution was signed by the speaker and citizenship elections and interim parliament came into force with immediate effect
  8. About ₹ 64 was spent in the making of the Indian Constitution
  9. Benegal Narasimha Rao was appointed as the Constitutional Advisor to the Indian Constituent Assembly
  10. The draft of the Indian Constitution was prepared under the chairmanship of Bhimrao Ambedkar, so he was called the father of the Indian Constitution
  11. The rest of the constitution appeared on 26 January 1950. Republic Day is celebrated in India on this day. Dr. Rajendra Prasad’s name as the candidate for the first President of the Indian Republic was proposed by Jawaharlal Nehru and endorsed by Sardar Patel
  12. The draft constitution was discussed for 114 days
  13. The last meeting of the Constituent Assembly was held on 24 January 1950, it took 2 years 11 months and 18 days to form the constitution
  14. The number of members of Scheduled Tribes in the Constituent Assembly was 23 and the number of women members was 9
  15. The objective resolution was passed in the Constituent Assembly on 22 January 1947 AD

 

 

Features of Indian Constitution

The original constitution had 22 parts, 395 articles, and 8 schedules

  1. At present, the Indian Constitution has 25 parts, 465 articles (including sub-sections) and 12

 

12 Schedules of Indian Constitution:

  1. Schedule 1 – Union Territories
  2. Schedule II – Salaries and allowances of the President, Vice-President, Speaker and Deputy Speaker, Attorney General, Comptroller and Auditor General, Judges of the Supreme Court and Governors of various States
  3. Schedule 3 – Provisions for oath and affirmation of the President, Vice-President, Chief Justice (Supreme Court), Attorney General, Comptroller and Auditor General and Governors of States
  4. Schedule IV – relating to allocation of seats to States and Union Territories (where there is a Legislative Assembly)
  5. Schedule 5 – Provisions relating to administration of SC/ST

Schedule VI – Administration of Scheduled Tribe Areas of Tripura, Meghalaya,  Assam and Mizoram

  1. Schedule 7 – Provisions relating to Centre-State relations
  2. Schedule 8 – The particulars of the languages recognized by the Constitution and the provisions thereunder
  3. SCHEDULE IX – Matters not liable in court of law

Note: This schedule was created in 1951

  1. Schedule 10 – Provisions relating to defection

Note: This schedule was included in the Indian Constitution by the 52nd Constitutional Amendment  in 1985 AD

  1. Schedule 11 – Added under this schedule by passing the ’73rd Constitutional Amendment Act 1993′ giving details related to Panchayati Raj
  2. Schedule 12 – In 1993 AD, this schedule was included in the Indian Constitution by passing the ’74th Constitutional Amendment Act’, under which the details related to urban local self-government are given

 

Research process

 

The Indian Constitution has been called a living article, in order to adapt the constitution to the changing needs of the society, three types of amendments have been described in it

  1. The amendment takes place after the President signs the motion passed by both the Houses of Parliament by a simple majority of the members present and voting
  2. The amendment is proposed to be passed by the members present and voting in both Houses of Parliament. 3 Must be passed by majority

 

  1. Both Houses of Parliament have 2/2 seats. 3  It is necessary to have the support of at least 50% of the legislatures of the total provinces along with a majority

Other Features of Indian Constitution

  1. Political equality has been provided to the citizens here by universal adult suffrage
  2. Socialist Secular State – The Indian Constitution has been declared a socialist and secular state by the 42nd Constitutional Amendment Act
  3. Parliamentary System The parliamentary system of governance has been adopted in India, under which the institution representing the people is the Parliament Almighty
  4. Federal features – There are two levels of federal government, the union government and the government of the states.
  5. The Directive Principles of Politics enshrined in the Indian Constitution aim to make India a welfare state
  6. The concept of a welfare state has been introduced in the Indian Constitution, this concept is consistent with Abraham Lincoln’s theory of democracy.

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