Making of Constitution

Making of Constitution

  • MN Roy in 1934 put forward for the need of the Indian Constitution. Later in 1935 in INC and 1938 by Nehru.
  • Demand was accepted in 1940 as August Offer and Stanford Cripps came to India with a draft and proposal to make the constitution after the World war 2.
  • Muslim League rejected it since they want the division. Finally Cabinet Mission including Cripps, Alexander, Lawrence proposed a scheme in 1946 which was less satisfactory for them.
 
  • 389 members (296 to British India and 93 to Princely States) 
  • Seats allocated is in proportion to the population of the community and the region.
  • Representatives are elected by indirect election by proportional representation by means of single transferable vote and in princely states by nomination by the head.
  • In election INC got 208 seats, Muslim League got 73 seats, others got 15 seats
 
  • First meeting of Constituent Assembly on Dec 9, 1946 in which Muslim League boycotted, presided by Sachidanand Sinha as he is the oldest person there acc to French practice.
  • On Dec 11 1946, Rajendra Prasad, HC Mukerjee & VT Krishnamachari and B.N Rau elected as President, V. Presidents and constitutional advisor of Constituent Assembly.
  • Dec 13, 1946, Nehru passed Objective Resolution which was adopted on Jan 22 1947
  • After Indian Independence Act 1947, CA became sovereign body which have Legislative and Constitutional Powers
    • Legislative presided by first speaker GV Mavlankar
    • Constitutional presided by president Rajendra Prasad
  • Rectified India’s Commonwealth Membership in 1949
  • 22 July 1947, adopted National Flag
  • 24 Jan 1950, adopted National Anthem, National Song
  • 24 Jan 1950, Rajendra Prasad made President of India
 
  • Sources of Constitution
    • Government of India Act 1935
      • Federal Scheme
      • Office of Governor
      • Judiciary
      • Public service commissions
      • Emergency Provisions
      • Administrative details
    • British Constitution
      • Parliamentary Government 
      • Rule of Law
      • Legislative Procedure
      • Single citizenship
      • Cabinet system
      • Prerogative Writs
      • Parliamentary Privileges 
      • Bicameralism
    • US Constitution
      • Fundamental rights
      • Idea of Preamble
      • Independence of Judiciary
      • Judicial review
      • Impeachment of President
      • Removal of Supreme Court and High Court Judges
      • Post of Vice President
    • Irish Constitution
      • Directive Principles of State Policy
      • Nomination of members to Rajya Sabha
      • Method of election of President
    • Canadian Constitution
      • Federation with Strong Centre
      • Residuary powers in Centre
      • Appointment of State Governors
      • Advisory Jurisdiction of Supreme Court
    • Australian Constitution
      • Concurrent List
      • Freedom of trade, commerce, intercourse
      • Joint sitting of Parliament
    • Weimar Constitution of Germany
      • Suspension of Fundamental Rights during Emergency
    • Soviet Constitution of USSR
      • Fundamental duties
      • Ideal of Justice in Preamble (social, economic, political)
    • French Constitution
      • Liberty, Equality, Fraternity
      • Republic
    • South African Constitution
      • Procedure for Amendment of Constitution
      • Election of Rajya Sabha members
    • Japanese Constitution
      • Procedure established by Law
         
  • Criticism 
    • Not representative body (indirectly elected)
    • Not sovereign body primarily
    • Time consuming
    • Congress, Hindus, Lawyer-Politician domination

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