Comparative Constitution South

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Certainly, here is a detailed timeline of the constitutions of India and

Bangladesh:

*Timeline of Formation of the Constitution of India:*

1. *6th December 1946:* Formation of the Constituent Assembly.

2. *9th December 1946:* First meeting held in the Constitution Hall (now the
Central Hall of Parliament House).

3. *11th December 1946:* Dr. Rajendra Prasad appointed as the President, H.C.
Mukherjee as Vice President, and B.N. Rau as the Constitutional Legal Adviser.

4. *13th December 1946:* Jawaharlal Nehru presents the "Objective Resolution"


outlining the principles of the constitution, which later became the preamble.

5. *22nd January 1947:* Objective Resolution unanimously adopted.

6. *22nd July 1947:* Adoption of the National Flag.

7. *15th August 1947:* India gains independence and is partitioned into the
Dominion of India and the Dominion of Pakistan.

8. *29th August 1947:* Drafting Committee formed, with B.R. Ambedkar as its
chairman and six other members.

9. *16th July 1948:* R.T. Krishnamachari elected as the 2nd Vice President of the
Constituent Assembly.

10. *26th November 1949:* The Constitution of India is passed and adopted by
the assembly.

11. *24th January 1950:* The last meeting of the Constituent Assembly. The
constitution is signed and accepted.

12. *26th January 1950:* The Constitution of India comes into force.
*Timeline of the Constitution of Bangladesh:*

1. *1773:* The Regulation Act of 1773 marks the initial administrative


involvement of the British government in India, including what is now Bangladesh.

2. *1858:* The Government of India Act of 1858 transfers power from the East
India Company to the British Crown.

3. *1861:* The Indian Councils Act of 1861 establishes executive councils in India
with Indian representation.

4. *1892:* The Indian Councils Act of 1892 introduces amendments to legislative


councils.

5. *1909:* The Indian Councils Act of 1909, or the Morley-Minto Reforms,


introduces Indian representation in legislative councils and separate electorates
for Muslims.

6. *1928:* The Nehru Report is presented, proposing dominion status for India
and other reforms.

7. *1940:* The Lahore Resolution calls for a separate homeland for Muslims,
laying the foundation for Pakistan.

8. *1947:* The Indian Independence Act leads to the creation of Pakistan and
India, with East Pakistan (now Bangladesh) as part of Pakistan.

9. *1952:* The Bengali Language Movement protests against the imposition of


Urdu as the state language.

10. *1956:* The Constitution of Pakistan is established, and East Pakistan (now
Bangladesh) becomes an autonomous province.

11. *1971:* The Proclamation of Independence is issued, leading to Bangladesh's


liberation from Pakistan.

12. *1972:* The Constitution Drafting Committee is formed, and Bangladesh's


Constitution is drafted, coming into effect on 16th December 1972.
13. *1975:* The country experiences political instability, including martial law and
changes in government.

14. *1982:* Martial law is imposed again.

15. *1986:* Constitutional rule is restored.

16. *1991:* The 12th Amendment restricts the voting freedom of Members of
Parliament (MPs).

17. *1996:* The 15th Amendment abolishes the caretaker government system.

18. *2017:* The 16th Amendment of 2014 is declared illegal and void by the
Supreme Court.

These timelines provide an overview of the significant events in the constitutional


development of India and Bangladesh.
Federation and confederation are two distinct forms of government structures,
each with its own characteristics and implications for the distribution of powers
and governance within a country. Let's delve into each of them:

*Federation:*

- Characterized by a central government that shares powers with constituent


units (states or provinces).

- Powers and responsibilities are outlined in a written constitution.

- Both the central government and constituent units possess sovereignty in their
respective areas.

- Examples include India, the United States, Canada, and Australia.

*Confederation:*

- A union of sovereign states that cooperate voluntarily on specific issues but


maintain high degrees of sovereignty.

- Member states delegate limited powers to a central authority for specific


purposes, such as defense or trade.

- Sovereignty primarily resides with member states.

- The European Union (EU) is a modern example.

*Key Differences:*

- Federation has a strong, sovereign central government, while a confederation's


central authority is weaker.

- Federations often have a written constitution, while confederations rely on


agreements.

- Changing the constitution in a federation requires agreement from both levels of


government; in a confederation, consensus among member states suffices.
- Federations can enforce laws directly; confederations rely on member states'
cooperation.

In conclusion, neither a federation nor a confederation is inherently "better" than


the other. The choice between these systems depends on the specific
circumstances and objectives of a country or group of states. Some nations may
find that a federation provides the necessary unity and enforcement capabilities,
while others may prefer a confederation to maintain a high degree of autonomy
and flexibility. Ultimately, the effectiveness of the chosen system depends on how
well it aligns with the values, goals, and challenges of the political entity in
question.

The Six-Point formula comprised the following points:

1. Pakistan would have a federal structure of government based on the spirit of


the Lahore Resolution of 1940, with a parliament elected on the basis of universal
adult franchise.

2. The central government would have authority only in defense and foreign
affairs, and all other subjects would be handled by the federating units of the
state of Pakistan.

3. There would be two freely convertible currencies for the two wings of Pakistan
or two separate reserve banks for the two regions of the country.

4. The power of taxation and revenue collection would be vested in the federating
units.

5. There would be two separate accounts for foreign exchange reserves for the
two wings of Pakistan.

6. East Pakistan would have a separate militia or paramilitary force as a measure


towards ensuring its security.
Here we can say that Sheikh Mujib wanted to amend the parliamentary system.

In conclusion, the Six-Point formula, advocated by Sheikh Mujib and others,


outlined a vision for Pakistan with a strong emphasis on federalism, autonomy for
the federating units, and economic independence for both wings of the country. It
sought to address the political and economic disparities between East and West
Pakistan and represented a significant step towards decentralization and regional
empowerment. These points played a pivotal role in the lead-up to the eventual
independence of Bangladesh in 1971.

"In response to the Nehru Report, Mr. Jinnah was authorized by the League to
draft, in concise terms, the basis of any future constitution that was to be
devised for India. Jinnah's aim was to safeguard the interests of Muslims.

The 14 points were presented in the All India Muslim League on 28th March 1929.
These points reflected Quaid-e-Azam's wise and firm stance on the issues
confronting the Indian Muslims.

The Fourteen Points:

1. The form of the future constitution should be federal, with residuary powers
vested in the provinces.

2. All provinces must be given equal autonomy.

3. All legislatures in the country and other elected bodies shall be constituted on
the definite principle of adequate and effective representation of minorities in
every province without reducing the majority in any province to a minority or
even equality.
4. In the Central Legislature, Muslim representation shall not be less than one-
third.

5. Representation of communal groups shall continue to be by means of separate


electorates. At present, it shall be open to any community, at any time, to
abandon its separate electorate in favor of a joint electorate.

6. Any territorial distribution that might be necessary shall not in any way affect
the Muslim majority in Punjab, Bengal, and NWFP provinces.

7. Full religious liberty shall be guaranteed to all communities.

8. No bill or resolution shall be passed in any legislature if three-fourths of the


members of any community in that body oppose the bill.

9. Separation of Sindh from Bombay.

10. Reforms should be introduced in the NWFP and Balochistan on the same
footing as in the other provinces.

11. Muslims should be given an adequate share in all services, having due regard
to the requirement of efficiency.

12. The Constitution should embody adequate safeguards for the protection of
Muslim culture, education, language, religion, and personal laws, as well as for
Muslim charitable institutions.

13. One-third representation shall be given to Muslims in both central and


provincial cabinets.

14. No change will be made in the constitution without the consent of the
provinces."

In conclusion, Jinnah's Fourteen Points, presented in response to the Nehru


Report in 1929, articulated a comprehensive set of demands aimed at protecting
the rights and interests of Muslims in India. These points covered various aspects
of governance, representation, and cultural preservation. They reflected Jinnah's
commitment to ensuring that the Muslim community had a significant voice and
safeguarded their distinct identity within the framework of any future Indian
constitution. These points played a significant role in shaping the political
discourse and eventually contributed to the eventual creation of Pakistan in 1947.

The Nehru Report of 1928 was a memorandum presented at the All Parties
Conference in British India, appealing for a new Dominion status and a federal
system of government for the Indian constitution. It also proposed joint
electorates with seat reservations for minorities in the legislatures.

Nehru Report - Recommendations:

- India should be granted Dominion Status with a parliamentary form of


government and a bicameral legislature consisting of a Senate and a House of
Representatives.

- The Senate will have 200 members elected for seven years, while the House of
Representatives will have 500 members elected for five years.

- The Governor-General will make decisions based on the advice of the Executive
Council, which will be collectively accountable to the legislature.

- A federal form of government should be established in India, with the Centre


retaining residuary powers.

- Separate electorates for minorities should be abolished to prevent the


incitement of communal feelings, and joint electorates should be established.
- Reserved seats for Punjabi and Bengali communities will not be provided, except
for Muslim seats in provinces with a Muslim population of at least 10%.

- The judiciary must remain separate from the executive.

- Muslims should account for one-quarter of the population at the Centre.

- Sindh should be separated from Bombay if it can demonstrate financial


independence.

From the above recommendations, three important outcomes of the Nehru


Report were:

1. Advocacy for Universal Suffrage.

2. Establishment of a Bicameral Legislature.

3. Formation of the House of Representatives."

In summary, the Nehru Report of 1928 presented a significant set of


recommendations aimed at shaping the future constitutional framework for India.
It advocated for Dominion Status, federalism, joint electorates, and various
principles of governance. Notably, it laid the foundation for universal suffrage, a
bicameral legislature, and the creation of the House of Representatives. These
proposals played a pivotal role in the discussions and developments leading up to
India's eventual independence in 1947.
The Jinnah Report and the Nehru Report, both presented in the late 1920s,
reflected the distinct perspectives and demands of their respective communities
within British India. Here's a comparison of some key aspects:

1. *Objective*:

- *Jinnah Report*: Jinnah's Fourteen Points aimed to safeguard the interests of


Muslims in India. It emphasized minority rights and autonomy for provinces.

- *Nehru Report*: The Nehru Report sought to establish a framework for India
as a whole, advocating for Dominion Status and federalism while addressing
communal representation.

2. *Representation*:

- *Jinnah Report*: It insisted on separate electorates and adequate Muslim


representation, particularly in the Central Legislature.

- *Nehru Report*: It called for the abolition of separate electorates and


proposed joint electorates with reserved seats for minorities in provinces with a
significant minority population.

3. *Federalism*:

- *Jinnah Report*: Supported a federal structure with residuary powers vested


in provinces, ensuring provincial autonomy.

- *Nehru Report*: Also favored a federal system but with residuary powers
retained by the Centre.
4. *Cultural and Religious Rights*:

- *Jinnah Report*: Advocated for safeguards to protect Muslim culture,


education, language, religion, and personal laws.

- *Nehru Report*: Focused more on political and governance aspects, with


limited emphasis on cultural and religious rights.

5. *Minority Rights*:

- *Jinnah Report*: Emphasized the protection of Muslim rights and interests,


including representation in services.

- *Nehru Report*: Sought to balance majority and minority interests through


reserved seats in legislatures.

6. *Provincial Reorganization*:

- *Jinnah Report*: Called for the separation of Sindh from Bombay and
equitable reforms in all provinces.

- *Nehru Report*: Supported the separation of Sindh if it could demonstrate


financial independence.

7. *Impact*:

- *Jinnah Report*: Contributed to the eventual creation of Pakistan in 1947 and


the formation of Pakistan's constitution.

- *Nehru Report*: Laid the foundation for discussions on India's constitutional


framework and governance, which played a role in India's independence in 1947
and the framing of its constitution.
In summary, the Jinnah Report and Nehru Report represented the differing
concerns and visions of the Muslim and Indian National Congress leadership,
respectively. Jinnah's focus was on protecting Muslim rights and identity, while
the Nehru Report aimed at achieving a united India with a parliamentary system
of government. These reports played pivotal roles in the complex process leading
up to the partition and independence of India.

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