Making Of The Constitution Video Lecture - UPSC

hello everyone this is Gary from
fantastic Wanda's and this is lecture
one of quality so in this lecture I will
give you a very brief background of how
our Constitution came and what is our
Constitution and the origin of so many
things and the basic features of
constitutions into the primary things
we'll be talking about right so we begin
with this lecture now in this lecture
the first question that I want to ask
all of you is that okay let me just put
this question over here
what is Constitution now according to
few people it is the most important law
of the land and according to some other
people which is which is right in itself
when we say that it is most important
law of the line
thus in German it has been called grunt
nor the word they have used over there
is grand norm yeah grand norm the word
they have used over there so basically
it's something because of which there is
legal sanction to others it is such a
huge law it is the most basic law which
cannot be violated right move is the
basic law right and towards you tell you
about other word it tell you about the
basic laws and rules or let's say it
talks about the fundamental principles
which govern the polity of the nation
how the state will work how the what are
the powers when will any of the mean
people retire for example the president
how long will be the tenure of the Prime
Minister so all these things are covered
under the definition of the Constitution
right now moreover see if we compare it
to other laws they enjoy legal sanction
right but this Constitution
other normal laws right for example you
have a net Penal Code all you know they
are this arc right now Indian Penal Code
that came in 1860 this is noise normal
legal sanction right it doesn't have
what Constitution has which is called
special legal sanction right special
legal sanction which is enjoyed by
Constitution and not other things right
now it's basically the Constitution is
also the supreme law of the land this is
the supreme law the most important law
of the land and if for any law of
whether it's IPC or any other law for
any law to be validity the validity of
any law it depends on the Constitution
whether it is within the framework of
Constitution that means whatever the law
is it should not be violative of
Constitution only then it can be valid
right and the Constitution is not just
as much Constitution also talks about
the relation between government and
people government and people the
relation between them is also by the
Constitution only right so so to sum it
up the Constitution is central to the
administration of the country and to the
existence and functioning of India as a
political legal entity right I mean to
say political legal entity now this this
political legal entity of India exists
because we have at this Constitution
right now Constitution will talk about
it what kind of constitutions there can
be it can be written unwritten we'll
talk about that a little later before
that I want to I would like to talk to
you see about how our Constitution came
into being the making of our
Constitution right now one of the oldest
constitutions of the world as British
constitution though they don't have a
written constitution
similarly New Zealand hasn't got a
written constitution written constitute
okay let me just tell you quickly about
that there is something called written
constitution right written constitution
and okay this symbol I will be using
throughout my lecture and this is the
symbol that I have made for myself and
you can also use it it just simply means
Constitution right actually this is a
figurative importance the whole this
circle represent the Constitution and
this can be amended so I just made a
symbol for myself otherwise it has no
such importance now let's talk about the
other is unwritten Constitution right
now written Constitution and under the
main difference is that we have the
written text now when we see the it's
unwritten it doesn't mean that there is
no Constitution it means the
Constitution is there but it is not in
the shape of B Constitution the way we
have our Constitution we have our
constitutional book they don't have it
what do they have then they have all the
judgments or the other laws and some of
those laws from the part of the basic
structure which are non-viable in fact
they actually have a huge building in
England where they have kept all those
laws one after other huge piles and
piles of text is kept over there which
is called the put together the
Constitution right anyway will dwell on
that a little later the difference
between written constitution and
unwritten Constitution before that let
us talk about how the Constitution was
made in India and then we'll talk ahead
if time permits us right now
now see a constitution right now this
constitution of ours came into force on
26 January 1950 we know every one of us
knows this now before this right this is
like 1950 what was happening before this
there were two laws before this one was
Government of India act I will be
talking about this in history lecture
also in detail the Government of India
act and then came the India independence
act and this was in 1947
now these articles be the very governing
our country before the these.i acts
before Constitution came into being and
when our Constitution came into being
these two were repealed the under
article 395 in they were deleted right
and so on basically on twenties now it
happens so on 26 November 1949 that we
enacted our Constitution and full
Constitution came into force on 26
January 1950 some provisions came into
force before that but this was like a
little introduction to the background
but to understand completely
we'll have to go to the period of Indian
independence movement and let's go we
will be tall starting our talk with the
Mahatma Gandhi right now what happened
that it was in 1922 that the first
Gandhiji while explaining Gandhiji right
Gandhiji while explaining the meaning of
Swaraj he was talking about that we need
to have our own constitution but this is
not really considered to be the first
mention of need of having or the the
summation of need of having Constitution
but the idea is not the given to him
that you know that it is given to emaan
Roy and we'll be talking about him just
in just in a small while and then after
him in 1928 after Gandhiji Kim ml Nehru
right I am moti Lal and now for the
first time then if you 1928 what had
happened that
Britishers had challenged India that
Indians are good for nothing and Indians
took this thing in a very bad sense and
instead okay fine win just few weeks
under Nehru and yeah motilal nehru and
Uhuru committee was formed and which we
make the made the constitution right now
drafted the FIR it was basically called
in Nehru recommendations right or Nehru
committee recommendations so what this
was how things were going on and now our
Constitution came into full existence on
26 January now why this 26 January only
why not 25 January or Indian date why
not any random date because I am just
coming to that then what happened this
was in 1928 then came 1929 I just write
it again for you
19:29 and in this 1929 session the out
this was a porridge resolution porn
complete Swaraj resolution was you know
passed by the Congress and the complete
independence right now it was here that
we this it and here it was decided that
26 January 1930 onwards we will be
celebrating it as our Independence Day
so because of this we have 26 January
over here with us right and this
Declaration of Independence this was
basically Declaration of Independence
and this talked about so many things
like the the atrocities the financial
losses be happen to us and that how we
are a free nation and that whatever the
case may be let are let us only
determine our future but the first idea
that really came into being further that
came in 1934 right those was very minor
background before this now in this 1934
the person the main person over here is
M n Roy right yeah he was a communist
his name is one being the North Roy and
he was a rather a pioneer of communist
movement in India and you can say he won
he was a pioneer and second thing that
he was he was a radical Democrat right a
radical Democrat that's what that's
that's what his ideas what his ideas
were right now this this for the first
time it was him who mentioned about the
Constituent Assembly the idea of
Constituent Assembly I just use the same
symbol for it this means constituent I
just write it once for you constituent
assembly right so constituent assembly
idea was given by him and by the time
1935 came this also became the main
demand of Indian
so Congress of that time right but what
really changed after this was but really
the next step that came over here it was
in 1940 now it there came an offer
called August offer by British right and
it was in this August offer that it was
for the first time recognized by British
shores that Indians had to arrive
Indians right to form their own
constitution
and after this thing happened then came
the cabinet resolution and that was in
1946 right cabinet by the it was
basically by British cabinet and thus
called the cabinet mission and or
cabinet resolution whatever you want to
call it now here the so basically
elected under this cabinet mission
elections are held for the Constituent
Assembly right and now right so nine we
have 1934 over here and after 1934 for
the first time MN Roy Constituent
Assembly was talked about and then in
1935 it became the motor of the
International Congress the main demand
and in 1940 British is recognized arm
right to make the Constitution and in
1946 the came our right to make the the
for the first time the lower ninth
cabinet mission on the basis of which we
made a constant assembly right now the
Constituent Assembly if we're talking
about that now the Constituent Assembly
its members now because higher the
elections are being held now who will be
left who are these members now these
members were they were elected first of
all that is right they were elected and
they were elected by provincial
assemblies they were not directly
elected they were elected by provincial
assemblies right these provincial
assemblies had come into existence by in
1935 only right now and how did they
vote they vote on the basis of the
single transferable vote what do you
mean by this
I just quickly try to tell you that for
single transferable vote is like there
are ten people standing right suppose
there are three people standing one two
three and each one of them must get at
least five votes to get elected right
this gets to vote this get to votes and
this this guy also get this guy's just
you know this guy get three votes this
three and this person gets only two
votes right now these are the first
preference votes that if I have to
choose a person my first preference this
person and second preference this person
now in the second round that will happen
this person will be eliminated and his
the people you know whatever the second
preference of the people is that vote
will be transferred and then the
majority will be elected right whosoever
gets the majority in this process will
keep on happening now this was on the
basis of the single transferable vote
right now so elections were held right
not total membership of the Constituent
Assembly at this time it was 389 right
389 this is the strength of the
Constituent Assembly strength now how
did we come to this number of hundred
British has come to this number of 389
basically a ratio of 1 is to 10 was
taken 1 is to 10 or when where one
should 10 lacs rather for every day 1
million population 1 seat was to be
there and for approximately 40 million
population 389 seats came up right and
out of these 389 there is the division
was there right they would 292 seats are
over to be the representatives of the
state state representative there were 4
the princely states right for princely
states these were to be there and then
they were apart from 292 and I mean no
no no not for right I just mentioned it
wrong it shouldn't be for attrition
should be okay just let me create it
quickly ok just let me put it again for
you
so this was 1 is to 10 lakh and how it
had the division was that 292
see it's these two ninety-two were the
state representatives then they were
four seeds now these four Street were
from the chief commissioner provinces
right there were chief commissioner
provinces which I will be talking about
in history lecture also so there were
states and Chief Commissioner provinces
and then there were 93 seeds and these
were for basically the princely states
right one those are British states and
these are princely states and these are
chief commissioner provinces and which
are these chief conditional provinces
and if you just want to know that they
know their names they are okay I'm just
writing it here okay one is Delhi plus 1
number 2 is admire that these key
Commissioner provinces as made and
number three a junior may bar a
jemaine's admirer may bar
thus this one and this is two and then
number three the that came over here is
good right and number four I am writing
it up here in the corner and the number
fourth state was Balochistan Bellucci e
stan right so this was how it was right
now election when elections were done
and this certain things happened and
what were those things we'll talk about
those things now
okay so we'll talk about those things
quickly so uh elections were held and
when the results came out Congress
obviously it was fighting election for
the Constituent Assembly who will make
the Constitution before the August 1 208
seats out of 389 and then there was
Indian Muslim League which 173 students
right and if there was any C leather it
was won by some other people so the
bullet but what happened this after the
event Congress when the majority Muslim
League said that we cannot do anything
now we cannot achieve anything basically
their communal agenda so what happens
here Muslim Lee refuses to cooperate
they say no we will not cooperate with
you so they basically separate themself
from the Congress and over here the
political situation is very bad and then
there are rights in India happening so
Muslim League basically they said we
want different constant assembly for
Muslims this is a Hindu dominated and
they cannot take care of Muslims and
there were such communal views right why
Cannot a Hindu take care of Muslim or a
Muslim cannot take care of Hindus each
one can take care of each other after
all everyone is a human first and a
Hindu or a Sikh or a Muslim much later
right now so this was how it was so
things were like going very tense
because of all this happening over here
so what happens over here that now
Mountbatten comes to India right and 3rd
June is that date 3rd ok this is 3rd
June 1947 now on this date what happens
at the he announces that he will be
scrapping the cabinet mission cabinet
mission cabinet mission is grabbed by
this person right this is here it is
Mountbatten mount Barton okay so he does
that and this and he and this later
culminates into Indian Independence Act
and we have separate nations over here
so Indian Independence Act was basically
that was passed on a month just a month
later on 8 July 1947 and then and of
course you know that in August we became
free now the cabinet assembly right
which had elected earlier this undivided
India's Constituent Assembly that met
for that had earlier met right and that
made just a few days after Mountbatten
came and that was a 9th June 1947 this
was the day then when cabinet assembly
divided we're obviously Muslim League
did not participate Muslim League but
you know they said we did not cooperate
with the Congress right so it really
after that division right I am right at
the time of the division on 14th of
August 1947 in the Constituent Assembly
and this became
successor to Britishers right there are
British Authority and British everything
right now
what happened that but separate
constitute constant assembly was set up
for Pakistan and that was in third June
only and the and Indian and those people
who went to Pakistan the cease to be
member of Indian cabinet right so what
happened that they go to the Pakistan
and partake partner part in their
cabinet and this Indian constitute
assembly is also reduced in size and it
is reduced in size from 389 to 299
members now because so many these people
Muslims and did leave India at that time
right and so this this is how it goes
and this finally this - 90 92 99 members
meet on 31 December 1947 and so things
right so few things are like this after
after them is 1947 over here right so
the okay they they all these people and
finally these people out of these you
know 299 on the final day when the
Constitution was actually signed and
that was on 26 November 1949 and this
day out of 299 284 were present over
there who did sign right now when the
question this is signature right now
Constitution has been formed and
signature have been appended and how the
Constitution is formed we will talk
about that what was there are long
constitutional debates on that that will
be little beyond the scope of power
about political discussion so I am NOT
doing that right now but then there a
beautiful lecture series called some
mean harm you can see that series also
that how Constitution was formed though
I will be talking about that in a little
detail and not much detail so when the
Constituent Assembly made the first
thing they did was a passing of
objective resolution right and in this
objective resolution basically it
defined the basic objectives with
objectives of the Constituent Assembly
the aims for which they would be move
working right and
was the mean person who helped in
passing this it was jawaharlal nehru
he's the person who moved it and this
was in nineteen hundred and forty forty
six not forty-seven right now this was
adopted by the constant adopted by the
Constituent Assembly in 1947 only right
now this basically talked about that how
our basics all those things which you
find in preamble equality democracy
sovereignty right and our Liberty and
all those things and and guarantees of
social economic political justice and
equality of status opportunity and
equality before law and freedom of
expression belief faith worship vocation
Association residence action and all
these things right these are part of
objective resolution upper aim have what
do you want to achieve ultimately right
and then ultimately this is the
objective resolution was moved and this
resolution was as I said they met in
December just a moment before as I said
it and then I mean after meeting in
December this resolution was moved and
by an order 14 August 1947 in Constanta
hall you know these people took the oath
right so so this was how the Constituent
Assembly came into being right and they
all they are appended there to see you
know their signatures on it and as I
just said that now on this day right
that is 26 January 1950 what happens
very important thing assembly this
Constituent Assembly ceases to exist it
is no more it is no more right it's over
and what comes in and what comes follows
this was the provisional Parliament of
India right provisional Parliament
because because we duel take some time
to conduct the elections also and
finally it is in 1952 that elections are
held in India and if you read Rama
gender who has booked India after Gandhi
so this is a beautiful explanation
presentation of how elections were held
in
and that time right so it took total of
two years or 11 months and to one one
one seven right so two year 11 months
and 17 days right to 1 1 1 7 so and to
frame the Constitution huge money was
spent and what came out at that time
were was 22 parts in 22 parts to
Constitution came with 395 articles and
it should use right now what are these
22 parts that whole constitutions you
cannot say they're different parts like
for example this is a part talking about
emergency they are talking part talking
about Amendment of the Constitution so
there are different parts right there
the whole there many articles have been
clubbed into it and what are articles
articles are the very law these are
article 368 356 you might have heard
these articles earlier some very article
three was there's article 395 article is
generally this word is used with the
basic law only and otherwise normally a
section word is used because that's just
one section of it and here it is article
which is complete in itself so that is
the probable difference between a
article and a section normally I haven't
seen like talked to a lot of people not
mean I haven't found an answer to that
and then there is a it there are it
should use also Victor which had details
which were not as important as the
section itself was for right for example
we have scheduled Semin it has so many
less than it and now the noise is that
Parliament has the power and state has
the power to make laws on the subject
now adding these subjects in the main
part of body of the Constitution would
have made it cumbersome so just to make
it clean and tidy these were added as a
different part of the whole thing right
so this is how our Constitution came
into being and the making of our
Constitution the political history of
making of our Constitution right so this
is it and I just request you a right to
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next lecture after that I will be
covering the mean people the main
contributors of you know the
Constitution right and all the female
contribution that is very important for
our paper and I'll also be talking about
the all the committee so that is all and
thank you for what