Making of The Indian Constitution

Sunday, May 7, 2017

For a democratic and republic nation, a constitution is a mandatory document to control, distribute and restrict the powers of the government for better governance and protection of the fundamental rights of the citizens of the nation.One cannot imagine a democratic country without a proper constitutional framework.
To frame Indian Constitution the Cabinet Mission conceived of the establishment of a Constituent Assembly to frame a Constitution for the country.  The first meeting of the Constituent Assembly was held on 9th December 1946 and reassembled on August 14, 1947, as the sovereign Constituent Assembly for the dominion of India. On 26th November 1949, the signature of the president of the Assembly was appended on it and the constitution was declared passed. Provisions like citizenship, elections and provisional parliament came into effect on the same day while other provisions came into effect on 26th January 1950.

How Did Indian Constitution Evolve?
The evolution of this constitution was based on various sources like all the acts implemented by Britishers over India before Independence, the constitutions of many democratic nations and various other historic events related to governance and rule of law. One of the major sources were the Administrative and legislative reforms done by the British Parliament through various acts from 1773 to 1947. Major sources for the Constituent Assembly in making of the Indian Constitution have been discussed below:-

  1. Administrative And Legislative Reforms in India Before 1857
  2. Administrative And Legislative Reforms In India During British Raj (1857-1947)
  3. The Government of India Act 1935: - One of the main source to set fundamentals of the Constitution was the Government of India Act-1935, which is also known as the Mini Constitution of India.
  4. Constitution of Britain: - A Bi-cameral system of Parliament, Procedures of making Laws, Single Citizenship and CAG's office were taken from the British Constitution.
  5. Constitution of Ireland: - The main provisions adopted from Irish Constitution were Directive Principles of State Policy Presidential Election procedures and the nomination of Rajya Sabha Members.
  6. Constitution of Canada: - Federal Structure with strong Central Government and advisory jurisdiction of Supreme Court were adopted from Canadian Constitution.
  7. Constitution of USA: - The USA is one of the main contributors the making of Indian Constitution. Independent judiciary fundamental rights, judicial review of bills and amendments, functions of President and Vice-president and provisions for removal of judges if Supreme Court and High Court all were taken from USA Constitution.
  8. Constitution of South Africa:- T he famous 2/3rd majority for Constitutional Amendments and Election procedures of the members of the Rajya Sabha on the basis of proportional representation  were adopted from the Constitution of South Africa.
  9. Constitution of Germany:- The provision of suspension of fundamental rights during emergency was taken from The Wiemar Constitution of Germany.
  10. Constitution of Australia: - Trade & commerce provisions and the idea of Concurrent list was taken from Australian Constitution.
  11. Constitution of USSR:- 42nd amendment consisting of Fundamental Duties from USSR.
  12. Constitution of France: - Republican System and Principles of Equality Liberty and Fraternity were taken from the Constitution of France.
The Framers And Important Committees
The were total 385 members of the Constituent Assembly when it was formed in which 92 were representatives from the Indian States and 292 from the Provinces. After the Partition these numbers were slightly changed to 299 and rests were become the members of Constituent Assembly of Pakistan. Two years eleven months and eighteen days were taken by the Constituent Assembly to furnish the Indian Constitution.

Important Persons Of The Constituent Assembly
  1. Dr.Rajendra Prasad: - He was the Chairman of the Constituent Assembly and also headed Steering Committee and the Committee on the Rules of Procedure.
    Dr.Rajendra Prasad
  2. Pandit Jawahar Lal Nehru: - He was the one who moved the Objective Resolution in the first session of the Constituent Assembly. He also headed four important Committees namely Finance and Staff Committee, Union Constitution Committee, Union Powers Committee and the Ad hoc Committee on the National Flag.
    Pandit Jawahar Lal Nehru
  3. Sardar Vallabhbhai Patel: - One of the main candidates for the post of Prime Minister , headed two committees one on State Committee and the other one an Advisory Committee on Fundamental Rights, minorities and Tribal and Excluded Areas.
    Sardar Vallabhbhai Patel
  4. Dr. B.R. Ambedkar: - The who drafted the whole Constitution and also known as the father of the Indian Constitution. He headed the most important Drafting Committee.
    Dr. B.R. Ambedkar