Making of The Constitution

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MAKING OF INDIAN

CONSTITUTION
OVERVIEW:
1. Demand for a constituent Assembly
2. Composition of Constituent Assembly
3. Working of Constituent Assembly
4. Objective Resolution
5. Changes by Independence Act
6. Other Functions Performed
7. Major Committees
8. Minor Committees
9. Drafting Committee
10. Important Facts
11. Different sources of Indian Constitution
Demand for a Constituent Assembly

▪ 1924 → The idea of Constituent Assembly was given by Swaraj


Party.
▪ 1934 → MN Roy put forward the idea of Constituent assembly
▪ 1935 → INC officially demanded Constituent assembly to frame the
Constitution of India.
▪ 1940 → Demand was accepted in “ August offer of 1940”

Made by the then Viceroy of India , namely Lord Lilingthow in


backdrop of World War II .
Demand for a Constituent Assembly

▪ 1942→ Cripps Mission


➢ Sir Stafford Cripps came with a draft declaration on the
proposals of British Government.
➢ As per proposal , India was to be given Dominion status
➢ As per proposal , there should be one Indian Union comprising all
the Provinces & Indian states.
➢ Rejected by Muslim League → Wanted India to be divided into
two autonomous states.
Demand for a Constituent Assembly

▪ 1946→ Cabinet Mission


➢ Three members : Lord Pethick Lawrence , Sir Stafford Cripps &
A.V Alexander
➢ Objective → To help India achieve the Independence as early as
possible , and to set up a constituent assemble.
➢ It envisaged the establishment of Constituent Assembly to frame
a constitution for the country.
Composition of Constituent Assembly
• Seats allocated to each British
Province were to be divided among
Total Strength = 3 communities → Muslims , Sikhs &
▪ Roughly , one seat was to be
allotted for every million 389 General in proportion to their
population. population.

Allotted to Allotted to
British India = Princely States =
296 93
Elected by Nominated by
Provincial the heads of
legislative Chief Princely
Governor
assembles. Commissioner States.
Provinces = 292
Provinces = 4
Working of Constituent Assembly

▪ 1st Dec. 1946 → First meeting of Constituent


assembly.
▪ Muslim league boycotted the meeting.
▪ Dr. Sachchidananda Sinha was elected as the
temporary president.
▪ Later , Dr. Rajendra prasad was elected as president
of the assembly.
Working of Constituent Assembly

▪ H.C. Mukherjee & V.T. Krishnamachari was elected as the


Vice-president of assembly.
▪ It took 2 years , 11 months & 18 days over 11 session to
complete the framing of Indian Constitution.
▪ Total expenditure → 64 Lakh
▪ 26 Nov. 1949 → Date of adoption of constitution.
▪ 26 Jan. 1950 → Date of Commencement of Constitution.
Objective Resolution

▪ 13 Dec. 1946 → Jawaharlal Nehru moved the “Objective


Resolution” in Assembly.
▪ 22 Jan. 1947 → Resolution was unanimously adopted by the
Assembly.
▪ Its modified version forms the Preamble of Indian Constitution.
Objective Resolution : Features

▪ To foster unity of the nation & to ensure its economic &


political security.
▪ To have a federal form of Govt.
▪ To guarantee & secure justice , equality , freedom of thought ,
expression , belief , faith, worship , vocation , association & the
action to all the people of India.
▪ To maintain the integrity of the territory of republic.
Objective Resolution : Features

▪ To provide adequate safeguards for minorities ,


backwards & tribal areas & depressed and other
backward classes.
▪ To attain rightful & honored place in the world .
▪ To frame a constitution wherein all power & authority of
the Sovereign Independent India , its constituent parts &
organs of Government are derived from the People.
Changes by independence Act , 1947

➢ Assembly was made a fully sovereign body → Empowered


Assembly to frame any constitution it pleased.
➢ Assemble also became a Legislative Body → Enacting of
ordinary laws for the country.
➢ Muslim League members withdrew from the Constituent
Assembly for India.
➢ Total Strength of Assembly : 389 → 299
Other Functions Performed

➢ It ratified the India’s membership of the Commonwealth in


May 1949.
➢ It adopted the national flag on July 22, 1947.
➢ It adopted the national anthem on January 24, 1950.
➢ It adopted the national song on January 24, 1950.
➢ It elected Dr. Rajendra Prasad as the first President of India on
January 24, 1950.
Major Committees

NAME OF THE COMMITTEE CHAIRMAN


UNION POWERS COMMITTTE

UBNION CONSTITUTION COMMITTEE JAWAHARLAL NEHRU


STATES COMMITTEE

PROVINCIAL CONSTITUTION COMMITTEE SARDAR PATEL

DRAFTING COMMITTEE B.R AMBEDKAR

RULES OF PROCEDURE COMMITTEE


RAJENDRA PRASAD
STEERING COMMITTEE
Minor Committees

NAME OF THE COMMITTEE CHAIRMAN


FINANCE & STAFF COMMITTTE RAJENDRA PRASAD
CREDENTIALS COMMITTEE ALLADI KRISHNASWAMY AYYAR
HOUSE COMMITTEE B. PATTABHI SITARAMAYA
AD-HOC COMMITTEE ON NATIONAL FLAG RAJENDRA PRASAD

COMMITTEE ON THE FUNCTIONS OF G.V MAVLANKAR


CONSTITUENMT ASSEMBLY
AD-HOC COMMITTEE ON SUPREME COURT S. VARADACHARI
LINGUISTIC MEMBERS COMMITTEE S.K DHAR
DRAFTING Committee

DRAFTING COMMITTEE MEMBERS


B.R. AMBEDKAR ( CHAIRMAN )
➢ MOST IMPORTANT COMMITTEE. N GOPALASWAMY AYYANGAR

➢ SET UP ON AUGUST 29 , 1947. ALLADI KRISHNASWAMY AYYAR

➢ ENTRUSTED WITH THE TASK OF DR. KM MUNSHI


PREPARING DRAFT FOR NEW
CONSTITUTION. SYED MOAMMAD SAADULLAH
B.L MITTER → N MADHAVA RAU
➢ CONSISTED OF SEVEN MEMBERS
D.P KHITAN → TT KRISHNAMACHARI
IMPORTANT FACTS

➢ Elephant was adopted as the symbol (seal) of the constituent


assembly.
➢ Sir B.N. Rau → Appointed as constitutional advisor to the
Constituent Assembly.
➢ H.V.R. Iyengar → Secretary to the Constituent Assembly
➢ S.N. Mukherjee → Chief Draftsmen of constitution.
IMPORTANT FACTS

➢ Prem Bihari Narain Raizada → Calligrapher of Indian Constitution


➢ Nand Lal Bode & Beohar Rammanohar Sinha → Beautified &
decorated constitution.
➢ Vasant Krishna Vaidya → Calligrapher of the Hindi version of the
original constitution.
➢ Beohar Rammanohar Sinha → Beautified & ornamented the
original preamble.
DIFFERENT SOURCES OF INDIAN CONSTITUTION

➢ Government of India Act 1935 : ➢ British Constitution :

▪ Federal scheme ▪ Parliamentary Govt.


▪ Office of Governor ▪ Rule of law
▪ Judiciary ▪ Legislative procedure
▪ Public Service ▪ Single Citizenship
Commissions ▪ Cabinet system
▪ Emergency Provisions. ▪ Parliamentary Privileges
▪ Administrative details. ▪ Bicameralism
DIFFERENT SOURCES OF INDIAN CONSTITUTION

➢ US Constitution : ➢ Irish Constitution :

▪ Fundamental Rights ▪ Directive Principle of State


▪ Independent Judiciary Policy
▪ Judicial Review ▪ Nomination of members to
▪ Impeachment of President Rajya Sabha
▪ Post of Vice-President ▪ Method of election of
▪ Removal od SC & HC President
Judges
DIFFERENT SOURCES OF INDIAN CONSTITUTION

➢ Canadian Constitution :

▪ Strong centre
▪ Residuary powers with centre
▪ Appointment of state governors
by Centre
▪ Advisory jurisdiction of Supreme
Court

➢ Australian Constitution :

▪ Concurrent List
▪ Freedom of trade , commerce &
inter-course
▪ Joint sitting of two houses of Parliament
DIFFERENT SOURCES OF INDIAN CONSTITUTION

➢ Weimar Constitution of Germany :


▪ Suspension of Fundamental Rights during emergency

➢ Soviet Constitution :
▪ Fundamental duties
▪ Justice : Social , Economic & Political
➢ Japanese Constitution :
▪ Procedure established by law.
DIFFERENT SOURCES OF INDIAN CONSTITUTION

➢ French Constitution :
▪ Republic
▪ Ideals of Liberty , Equality & Fraternity in the Preamble.

➢ South African Constitution :


▪ Procedure for amendment of the Constitution.
▪ Election of members of Rajya Sabha

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