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Evolution of Indian Constitution

Making Of The Constitution | Indian Polity for UPSC CSE

Demand for Constituent Assembly

  • 1934: M.N. Roy, a pioneer of the communist movement in India, was the first to propose the idea of a Constituent Assembly.
  • 1935: The Indian National Congress (INC) officially demanded a Constituent Assembly to draft the Indian Constitution.
  • 1938: On behalf of the INC, Jawaharlal Nehru declared that the Constitution of free India must be framed by a Constituent Assembly, elected on the basis of adult franchise.
  • 1940: The British Government accepted the demand in the 'August Offer' and proposed discussions on India’s constitutional development.
  • 1942: The Cripps Proposal emphasized setting up a Constitution-making body after World War II.
  • 1946: The Cabinet Mission Plan proposed a single Constituent Assembly, rejecting the idea of two Assemblies for India and Pakistan.

Composition of the Constituent Assembly

  • The Assembly was created under the Cabinet Mission Plan of 1946.
  • Total 389 members: 296 from British India and 93 from the princely states.
  • Seats allocation: Based on population, one seat per million population.
  • Communities Representation: Seats for British provinces were divided among Muslims, Sikhs, and General in proportion to their population.
  • Election Method: Representatives of each community were elected by the respective provincial legislative assembly.
  • Princely States Representation: Members were nominated by the heads of princely states.
  • The Assembly was partly elected and partly nominated, not based on universal adult franchise.
  • Voting was conducted by proportional representation through a single transferable vote.

Making Of The Constitution | Indian Polity for UPSC CSE

Framing of the Indian Constitution

  • The Constituent Assembly formed 13 committees to frame the Constitution.
  • Drafting Committee: A seven-member committee chaired by Dr. B.R. Ambedkar.
  • The Draft Constitution was published in January 1948 for public discussion and amendments over eight months.
  • The draft was finally adopted by the Constituent Assembly on November 26, 1949 and signed by its President.

Sources of the Constitution:

  • The Indian Constitution was influenced by the Constitutions of various countries, including the United Kingdom, the United States, Ireland, and Canada.
  • Modifications were made to ensure that features suited Indian conditions and addressed local challenges.

Objectives of the Constitution

The Objective Resolution, proposed by Jawaharlal Nehru on January 22, 1947, set the foundation for the Constitution’s objectives:

  1. Sovereign Republic: To develop India as an independent sovereign republic.
  2. Democratic Union: Equal self-government for all constituent parts.
  3. Justice: Social, economic, and political justice for all Indians.
  4. Equality: Equality of status, opportunity, and law for everyone.
  5. Freedom: Freedom of thought, expression, belief, faith, and worship.
  6. Safeguards: Protection for minorities, backward classes, tribal areas, and the poor.
  7. Territorial Integrity: To uphold the Republic's sovereignty on land, sea, and air.
  8. World Peace: To contribute to global peace and well-being.

Adoption of the Constitution

  • Adopted on November 26, 1949.
  • Came into effect on January 26, 1950. The date was chosen to honor Purna Swaraj Day (January 26, 1930), celebrated after the 1929 Lahore Session of the INC.
  • Certain provisions, including those related to citizenship, elections, and transitional arrangements, took effect on November 26, 1949.

Question for Making Of The Constitution
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Which committee was responsible for drafting the Indian Constitution?
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Conclusion

The Indian Constitution is the result of a well-planned and methodical process involving learned individuals from various backgrounds. It reflects a vision for a democratic, just, and inclusive society and incorporates best practices from around the world, tailored to India’s unique needs and circumstances.

The document Making Of The Constitution | Indian Polity for UPSC CSE is a part of the UPSC Course Indian Polity for UPSC CSE.
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FAQs on Making Of The Constitution - Indian Polity for UPSC CSE

1. What was the significance of the demand for a Constituent Assembly in India?
Ans. The demand for a Constituent Assembly in India was significant as it represented the desire for a self-governing and democratic nation. The Indian National Congress, along with other political groups, advocated for the formation of a Constituent Assembly to draft a constitution that would reflect the aspirations and rights of the Indian people. This demand highlighted the need for an inclusive framework that would ensure the representation of diverse communities and interests in the newly independent nation.
2. What was the composition of the Constituent Assembly, and how were its members selected?
Ans. The Constituent Assembly was composed of elected representatives from various provinces and princely states of India. A total of 389 members were initially included, and they were elected through indirect elections by the provincial legislative assemblies. The assembly also included representatives from the Indian states and minority communities, ensuring a broad representation of Indian society. This diverse composition played a crucial role in the framing of the Constitution, as it incorporated varied perspectives and interests.
3. How was the Indian Constitution framed, and what was the duration of the process?
Ans. The framing of the Indian Constitution began on December 9, 1946, and took nearly three years, concluding on November 26, 1949. The Constituent Assembly held numerous sessions, discussions, and debates to draft the Constitution. Various committees were formed to address specific issues, and the final draft was presented to the Assembly for approval. The process was marked by extensive deliberations on fundamental rights, the structure of government, and the role of different institutions, ensuring a comprehensive and well-thought-out Constitution.
4. What are the major sources of the Indian Constitution?
Ans. The Indian Constitution draws from a variety of sources, including the Government of India Act 1935, the British constitutional system, the American Constitution, the Irish Constitution, and the Fundamental Rights enshrined in the French Declaration of the Rights of Man. Additionally, the Constitution incorporates elements from various international treaties and conventions. This eclectic mix of sources helped shape a unique Constitution that reflects the values and needs of Indian society.
5. What were the main objectives of the Indian Constitution when it was adopted?
Ans. The main objectives of the Indian Constitution, as outlined in its preamble, were to secure justice, liberty, equality, and fraternity for all citizens. The Constitution aimed to establish a democratic framework that would uphold the rule of law and protect the rights of individuals. It sought to promote social, economic, and political justice, ensuring that all citizens had equal opportunities and were treated fairly. These objectives laid the foundation for a just and equitable society in independent India.
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