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Development of Constituent Assembly Since 1946

Development of Constituent Assembly Since 1946

The Constitution of India was framed by the constituent Assembly , set up in 1946 under the provisions ” the Cabinet Mission Plan . Under the Plan the total length of the Constituent Assembly was to be 389 , out of hich 296 were to represent British India and 93 to present rincely States . Further out of 296 members , 292 were to be elected by the provincial legislatures and 4 members were to be drawn from Chief Commissioner’s provinces .

Constituent Assembly meetings and management ( Constituent Assembly )

Constituent Assembly Constituent Assembly held its first meeting on ecember 9,1946 , where Dr. Sachidanand Sinha , the oldest lember of the Assembly , was elected as the temporary President till the permanent President is elected .

The first session was attended by 207 members , including 9 women .
On December 11,1946 , Dr. Rajendra Prasad and H.C Mukherjee were elected as the President and the Vice – President of the Constituent Assembly

Objectives Resolution of Constituent Assembly

On December 13,1946 , Jawaharlal Nehru moved the ‘ Objectives Resolution ‘ in the Assembly .
These were :
( 1 ) To make India to be a Sovereign Republic ( 2 ) To establish India as Democratic Union with an equal level of self – government for all the States .
( 3 ) All the powers and authorities of Central Government and State Governments to be derived from the people.
( 4 ) To guarantee and secure to all the Citizens , Justice Social , Economic and Political , equality of ” Status , equality of opportunity and equality – before feder law , freedom of thought , expression , belief , faith , 1 worship , vocation , association and action

( 5 ) To maintain integrity of territory of the Republic be aw and sovereign rights on land , sea and air accordingly as Justice and law of civilised nations .
( 6 ) Adequate safeguards for minorities , backward it cam classes and Scheduled Castes and Scheduled Tribes and Tribal areas .
( 7 ) To contribute to the promotion of international peace and security .
( 8 ) To have for India a rightful , honoured , and dignified place in world platform .

Adoption and Drafting Committee of Constituent Assembly

Constituent Assembly adopted these resolutions on January 22 , 1947 . mm cont cons 147

The Drafting Committee prepared the first draft of the Constitution after taking into account the proposals of the various committees. It was published on 21-2-1948. The draft Constitution contained 315 articles and 8 Schedules.

Constituent Assembly adopted the National Tag on 22 July, 1947, National Anthem and National Song on January 24, 1950.

Constituent Assembly continued as Provisional Parliament of India from January 26,1950 till 16 April, 1952. It ceased to exist as provisional Parliament on April 17,1952. Finally on 26 November, 1949 the Constitution of India was adopted by the Constituent Assembly. 284 members signed the document on that day.

Constitution adopted on November 26,1949 consisted of 395 Articles, divided into 22 parts and 8 Schedules. This day is also known as the ‘Law Day.

Overall Constituent Assembly held 11 Sessions, and sat for 2 years, 11 months and 18 days to complete its task of drafting the Constitution.

Nature of Indian Constitution ( Constituent Assembly )

According to K.C where, Indian Constitution is “quasi- federal”; For Prof. Alexandrowicz, India is a case of ‘sui generis’ ie, unique in character, for Ivor Jennings, it is a federation with strong centralizing tendency and for Granville Austin, it is an example of co-operative federalism.

Features of the Indian Constitution ( Constituent Assembly )

There are many features of indian constitution

1. Written Constitution ( Constituent Assembly )

In a federation, there should be a written Constitution. The written Constitution is very essential for a federal so that whenever there is any dispute between the federal govermment and the federating units, it can be used as an evidence.

2. Largest Constitution ( Constituent Assembly )

In sheer physical terms, our Constitution is definitely the largest, bulkiest and most detailed constitution in the World. As originally passed, it contained 395 Articles and 8 schedules. Whereas, the constitution of USAoriginally contained 7 Articles, Canada 147 Articles and Australia 128 Articles.

3. Sovereign, Democratic and Republic ( Constituent Assembly )

A The Constitution sovereign nation is initially supreme and independent of any outside control. The word socialist aims at the the Co establishment of an egalitarian society in India. The term the he “secular’means a state which has no official religion.

The ten du best definition of Democracy was given by Abraham Lincon is that, “It is a government by the people, of the Direc people and for the people.” The word republic signifies borrow that the head of our State is elected and not hereditary.

4. Parliamentary Type of Government ( Constituent Assembly )

In a these parliamentary type of government, the head of the State is the so nominal, whereas the Prime Minister who is the leader of the majority in the Parliament is the real executive. The provi Indian Constitution establishes in India a parliamentary type made of government on the British Model.

5. Partly Unitary and Partly Federal ( Constituent Assembly )

India’s are la Constitution has been variously described as quasi-federal, judge federal with a strong unitary or pro-centre bias, federal in structure but unitary in spirit, federal in normal times but this w with possibilities of being converted into a purely unitary our- one during emergency.

6. Partly Rigid and Partly Flexible ( Constituent Assembly )

There are certain provisions which can be amended by a simple gran majority in the Parliament. While there are certain provisions some whose amendment requires, not only a special majority in and Parliament but also ratification by at least one-half of the State Legislature.

Under Indian Constitution all th as originally enacted, the citizen of India had been granted Und the seven fundamental rights. A full chapter has been age devoted to the description of these fundamental rights running into 24 Articles. These rights are mentioned in Part III of the Constitution and are justiciable.

8. Fundamental Duties ( Constituent Assembly )

The 42 Amendment to the Constitution added a new part to the Constitution under fhe heading Fundamental Duties. It lays down a code of ten duties for all the citizens of India.

9. Directive Principles of State Policy ( Constituent Assembly )

The the Directive Principle of State Policy concept has been borrowed from the Constitution of Ireland. These principles are contained in Part IV of our Constitution. The aim of these principles is to establish a welfare state in India on State is the socialistic pattern of society.

10.Independent Judiciary ( Constituent Assembly )

The India if Constitution The provides for an independent judiciary. The Constitution type made the Supreme Court as the custodian and protector of the constitution. The judgements of the Supreme Court are legally binding and there is no appeal against the judgement of the Supreme Court.

11. A Secular State ( Constituent Assembly )

Under the 42th Amendment this word ‘secular’ has been included in the preamble of our constitution. Thus,india has been now officially becomes a secular state

12. Single Citizenship ( Constituent Assembly )

The Constitution of India are simple grants one citizenship to all. citizens, In a federation, provisions sometimes a citizen gets double citizenship, one of the Union in and the other of State in which a person lives.

13. Universal Adult Franchise ( Constituent Assembly )

The Indian Constitution originally granted universal adult franchise to t all those men and women, who attained the age of 21 years. Under the 61″ Amendment of the Indian Constitution, the age of voting has been reduced from 21 to 18 years.

14. Official Language of India ( Constituent Assembly )

A provisi on was made in our constitution to declare Hindi in the Devanagiri script as the official language of India (Article 343). Till that time English was to continue as the official language.

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Development of Indian Constitution since 1935

Development of Indian Constitution since 1935

The Government of India Act of 1935 -The Government of India Act, 1935 was full of conservative, reactionary, undemocratic, anti-national elements. It was not accepted by any major party in India.

Features of the Government Act of Indian Constitution since 1935

Legislation without Preamble of Indian Constitution since 1935- The Act of 1935 had no preamble of its own. When some members of the British Parliament objected to this Act on this basis, the Preamble of 1919 was added to it.

All India Federation of Indian Constitution since 1935

All India federation was proposed by this act. The units of the union were of two types, the British provinces and the princely states. According to the Act, it was necessary for the provinces to join the union but it was optional for the princely states.

Division of Powers of Indian Constitution since 1935

 By this act the official functions were classified into three lists (Union, Provincial and Concurrent). There were 59 subjects in the Union List on which only the Central Government can make law .There were 54 subjects in the Provincial List on which the State Government could make laws, in the Concurrent List there were 36 subjects on which both the Central and State Governments could make laws.

Provincial Autonomy of Indian Constitution since 1935

This act gave autonomy to the provinces. The entire provincial government was put under the control of the popular ministers and the governor was expected to conduct the administration on the basis of the advice of the ministers. The provincial council of ministers was made responsible to the legislature. But some important powers in the form of special responsibilities remained in the hands of the governors.

Dyarchical system of government at the center of Indian Constitution since 1935

In this act, a system of dyarchy was established at the center. In this act, certain federal subjects were kept in the hands of the Governor General so that he could “appropriately arrange them according to his discretion. A cabinet was arranged for the transferred subjects, which could have a maximum of 10 ministers, which was Responsible to the legislature.

Federal Court of Indian Constitution since 1935

 By this act a federal court was formed consisting of a Chief Justice and six other judges. They were appointed by the King of England and they remained in office till the age of 65 years. It did not have a Supreme Court in spite of having both original and appellate powers. Its decision could be appealed against in the Privy Council.

Expansion of Legislatures of Indian Constitution since 1935

By this act, bicameral legislatures were provided in six provinces and one – unimated legislatures in 5 provinces. The lower house of the legislature was called the Vidhan Sabha and the upper house was called the Legislative Council. Reservation was arranged for different communities on the basis of communal award.

Expansion of franchise of Indian Constitution since 1935

This act had expanded the franchise, for the provinces, a little more than 10 percent of the people were given the right to vote. In this way only 15% of the total population got the franchise.

Expansion of Communal Electoral System of Indian Constitution since 1935

 In the Act of 1935, communal electoral system was started for Muslims, Sikhs, Indian Christians, Zamindars, capitalists, laborers and women etc. Muslims were given one-third seats in the federal legislature, far more than the proportion of their population.

Supremacy of the British Parliament of Indian Constitution since 1935

Through this act the supremacy of the British Parliament was emphasized. In this regard it Provision was made that the provincial and central legislatures of India could not pass any such law, which was related to any matter related to the sovereignty of the British Parliament. The Provincial and Central Assemblies could recommend amendments to the Act subject to certain limits.

Elaborate and complex The Constitution of Indian Constitution since 1935

Act was elaborate and complex. It had 451 articles and 15 schedules

The Public Services of Indian Constitution since 1935

Act attempted to protect the interests of the Indian civil services by means of protections and reservations. The Act provided for a Public Service Commission for each province or group of provinces, which was responsible for recruitment to the provincial public services.

Reserve Bank and Railway Statutory Authority of Indian Constitution since 1935

To control the currency, the Act established the Reserve Bank and established a separate railway legal authority for railway operation.

The Constitution of India Governor General and Governor’s Emergency Powers of Indian Constitution since 1935

Act gave this authority to the Governor. Provided that if it became impossible to run the administration of the province, he could take over the administration of the province for 6 months. Even at the center, the Governor General was given emergency powers.

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Development of Indian constitution since 1919

The Government of India Act of 1919

Under the Government of India Act of 1919, the dual government system was started for the establishment of responsible government in the provinces.

Indian constitution
Indian constitution

Under this system, the provincial subjects were divided into two classes – Indian constitution

Meaning and Nature of Dyarchical System –

In the background of the Act of 1919, the meaning of Dyarchy was that “the provincial government should be divided into two areas and the administration of these two areas should be done by two such officials, who differ in their nature and responsibility.

1.Secure subjects Indian constitutionSecure subjects were those subjects from which British interests could be protected. The main among them were – finance, land revenue, famine victim assistance, forest, peace law and order, administration of justice etc. Reserved subjects were subordinate to the members of the executive council responsible to the governor and there was no control of the legislature (legislative council).

2.Transferred subjects Indian constitution The transferred subjects were mainly those subjects which were not likely to harm British interests. The main ones were – education etc., local self-government, public health, sanitation, agriculture etc. The transferred subjects were entrusted to the popular ministers, who were elected from the elected majority of the legislature and were responsible to the legislature.

Dependency of the transferred area on the protected area- It is clear from this division of subjects that all the important subjects of the province were kept in the protected area and public welfare subjects in the transferred area. Not only this, the transferred area was made dependent on the protected area, he was made an object of his mercy.

Main features of the Act of 1919 Indian constitution

Written indian Constitution – The constitution implemented from the Act of 1919 was written and documentary and it was made by the British Parliament. Everything in the constitution was clearly and elaborately written.

Rigid indian Constitution – The Constitution of 1919 was rigid in the sense that except for some unimportant matters, the Central or Provincial Legislatures could not make any changes in it. Only the British Parliament had the right to change or cancel it.

Indian Legislature is not supreme – India’s central and provincial legislatures were non-sovereign i.e. they were not supreme bodies of law making. She could not pass any law against any section of the Act of 1919. Apart from this, their powers were also limited by the discretionary powers, special responsibilities and personal decision of the Governor General and Governors.

Provisional indian Constitution – The Act of 1919 was in the form of a provisional constitution. Montagu himself had said, “It is an interim measure. It is a kind of bridge between the governance conducted by the British Parliament on India.”

Unitary indian Constitution – The basis of the constitution of 1919 was unitary, not federal. The administrative powers and financial resources of the center and the provinces were separated, but their basis was not federal. The Governor-General in Council could take any provincial matter under his control.

Division of Powers between the Center and the Provinces – Under the Constitution of 1919, there was a clear division of powers between the Center and the Provinces. Those subjects which were related to the interests of almost the whole of India, were placed under the center and those subjects were given to the provinces, which were mainly related to the provinces.

Diarchy in the provinces Indian constitutionBy this act, the system of dyarchy was implemented in the provinces. By this system the provincial executive council was divided into two parts. In the first part the Governor and the members of his executive council and in the second part the Chief Minister and his ministers.

Provincial subjects were divided into two parts – by this act the provincial subjects were divided into two parts (1) protected subjects and (2) transferred subjects were all important subjects in protected subjects, such as home, finance etc. While in transferred subjects Subjects like education and agriculture were included.

Organizational Reforms in the Provincial Legislature – The number of members of the provincial legislature was increased. Provision was made to have a maximum of 140 members in the Legislative Councils of the big provinces and at least 60 members in the smaller provinces. Elections began to be direct rather than indirect .

Appointment of more Indians in the Provincial Executive Council – By this act, the number of Indian members in the Executive Council of the provinces was already increased. In Madras, Bombay and Bengal, arrangements were made to take 2 Indians out of the 4 members of the Protected Part, and in the remaining provinces, arrangements were made to take 1 Indian from the two members of the Protected Part.

Autocratic or irresponsible governance at the center – This act did not bring any progressive change in the center and it remained as monocratic, autocratic and unresponsive as before.

Bi-cameral system in the Central Legislature – under the Act of 1919, a bicameral system was implemented in the center. The upper house is called the Council of States and The lower house was called the Legislative Assembly.

Privileges of Governor General and Governors – Under this Act, privileges were given to the Governor General and Governors, by the use of which partial responsibility could be destroyed.

Expansion of Communal Electoral System – This Act not only allowed the Communal Electoral System to remain in force, but also expanded it. Apart from Muslims, this corrupt and divisive electoral system was imposed on Sikhs and Europeans also.

Governor General supreme authority in the center – By this act the Governor General was made the chief executive officer at the center. He could issue ordinances by passing resolutions rejected by the central legislature.

Public Service Commission – Public Service Commission was constituted for recruitment to public services. Initially, its scope was restricted to recruitment to the Central Public Services.

Auditor General Indian constitutionBy the Act of 1919, a separate Auditor General was appointed to examine the accounts of the Central and Provincial Governments.

Designation of High Commissioner – The Act of 1919 created the post of High Commissioner of India to separate the political and business functions of the Secretary of India.