Making Of The Constitution | SSC CGL Tier 2 - Study Material, Online Tests, Previous Year PDF Download

Evolution of Indian Constitution

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.

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

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.

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.