Making of Indian Constitution

The idea of the Constituent Assembly for making the formation of Constituent Assembly in 1935. The demand was accepted, in principle, for a Constituent Assembly in August offer of 1940.

Under the Cabinet Mission Plan, 1946 a Constituent Assembly was constituted in Nov. 1946 for framing the Indian Constitution.

Out of 389 members, 296 were indirectly elected from British India and 93 were nominated by princely states. The Constituent Assembly had both nominated and elected members. The elected members were indirectly elected by members of the provincial assemblies.

  • The first meeting of the Constituent Assembly was held on Dec 9, 1946.
  • Muslim League boycotted the Constituent Assembly. Dr. Sachidanand Sinha, the senior-most member of the assembly, was elected as the temporary president of the assembly.
  • Dr. Rajendra Prasad was elected as the permanent president of the Assembly.
  • Sir B. N. Rau was appointed as the legal advisor to the Assembly.
  • An Objective Resolution’ was moved by Jawaharlal Nehru on Dec. 13, 1946, which later became the Preamble to the Constitution.
  • On the 26 of November 1949, the Constitution
  • was declared as passed after the President of the Assembly signed the document. Thus on 26th November 1949, the Constitution of India was adopted. The commencement of the Constitution occurred on 26th Jan. 1950.
  • Provisions relating to citizenship, elections, provisional parliament, and temporary provisions became effective on 26th November 1949.
  • On January 24, 1950, the Constituent Assembly held its final session. It continued as a provisional parliament from 26 January 1950 till the formation of a new parliament in May 1952.

The First ‘Draft Constitution of India’ was published in Feb 1948. It was prepared by Sir B. N. Rau, Constitutional Advisor to the Constituent Assembly.
Dr. B. R. Ambedkar is considered the father of the Indian Constitution.
The Constituent Assembly took almost 3 years (2 years,
11 months & 18 days) to draft the Constitution for Independent India.
It held 11 sessions covering a total of 165 days.

Objective resolution

On January 22, 1947, the Constituent Assembly adopted Objective Resolution proposed by Jawahar Lal Nehru. The Objectives Resolution contained the fundamental propositions of the Constitution and set forth the political ideas that should guide its deliberations.

The main principles of the resolution were:
(i) India is an Independent, Sovereign, Republic;
(ii) India shall be a Union of erstwhile. British Indian territories, Indian states, and the parts outside British India and Indian states are willing to be a part of the Union.
(iii) Territories forming the Union shall be autonomous units and exercise all powers except those assigned to or vested in the Union.
(iv) All powers and authority of sovereign and independent India and its Constitution shall flow from the people
(v) All people of India shall be guaranteed and secured social, economic, and political justice; equality of status and opportunities before the law; and fundamental freedoms of talk, expression, belief, faith, worship, vocation, association, and action – subject to the law and public morality.

(vi) The minorities, backward and tribal areas, depressed and other backward classes shall be provided, adequate safeguards.
(vii) The territorial integrity of the republic and its sovereign rights on land, sea, and air shall be maintained according to justice and law of civilized nations.
(viii) The land would make a full and willing contribution to the promotion of world peace and the welfare of mankind.

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