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Making of the ConstitutionMindMap: Making of the Constitution | Indian Polity for UPSC CSEDemand of Constituent Assembly

  • INC demanded a Constituent Assembly (CA) to frame the Constitution of India in 1935.
  • August Offer 1940- demand accepted by British Govt.
  • Cripps Mission was rejected by Muslim League. Cabinet Mission Plan was accepted.

Composition of CA
Seats allocation in British Province among Muslims, Sikhs and General community.

  • On Jan 22, 1947, Resolution adopted by Assembly.
  • Representatives of community elected in provincial legislative assembly by single transferable vote.
  • Representatives of Princely states nominated by heads of princely states.

Total strength- 389
(a) 296 seats to British India

  • INC won 208
  • Muslim League won 73
  • Independents- 15

(b) 93 to princely states

  • Stayed away from the Constituent Assembly.

(c) CA constituted in Nov 1946

  • Seat allocation in proportion to the Population.

Working of the CA

First meeting- Dec 1946

  • Sachchidanand Sinha - elected as the temporary President of the Assembly (French practice).

Dec 13, 1946 - By Nehru
Objectives Resolution (Fundamentals and Philosophy of Constitution)

  • India as an Independent Sovereign Republic.
  • Boundaries as determined by CA retain the status of autonomous units together possess residuary powers and exercise functions of Government as vested in or assigned to the Union.
  • Integrity and sovereign rights to be maintained as per Law and Justice of civilized nations.
  • Territories comprising British India, parts outside India and other territories willing to join India shall be a Union.
  • Justice, Social, Economic, Equality of opportunity, Freedom of thought, worship etc secured to all the people of India.
  • Power and Authority of sovereign India derived from People.
  • Ancient land attains its rightful and honoured place in the world.

Criticism of CA

  • Not a Representative and Sovereign Body.
  • Dominated by Congress, Lawyers- Politicians, Hindus.
  • Time Consuming.

Enactment and Enforcement of CA

(a) Nov 4,1948- Nov 14, 1949

  • First, second and third reading of final draft

(b) November 26, 1949

  • Draft Constitution was declared as passed
  • The Constitution as adopted on November 26, 1949, contained a Preamble, 395 Articles and 8 Schedules.
  • Citizenship, Elections etc provisions came into force.

(c) Jan 26, 1950

  • Remaining Major provisions came into force.
  • Republic Day/ Day of commencement/Poorna Swaraj.
  • Indian Independence Act of 1947 and the Government of India Act of 1935 were repealed.

Enactment and Enforcement of CA

(a) Nov 4,1948- Nov 14, 1949

  • First, second and third reading of final draft

(b) November 26, 1949

  • Draft Constitution was declared as passed
  • The Constitution as adopted on November 26, 1949, contained a Preamble, 395 Articles and 8 Schedules.
  • Citizenship, Elections etc provisions came into force.

(c) Jan 26, 1950

  • Remaining Major provisions came into force.
  • Republic Day/ Day of commencement/Poorna Swaraj.
  • Indian Independence Act of 1947 and the Government of India Act of 1935 were repealed.

Committees of CA

(a) 8 major committees and 13 minor committees
(b) August 29, 1947
(i) Drafting Committee (Major)

  • B.R. AMBEDKAR (chairman) and 7 other members.
  • Prepared the first draft of the Constitution of India published in February 1948.
  • Invited public comments and suggestion. Second published

Changes by Independence Act
(a) Assembly could frame any Constitution it pleased
(b) Muslim League withdrew from the CA
(c) Assembly became dual body

  • Legislative body under G V Mavlankar
  • Constituent body under Dr. Rajendra Prasad

(b) Constituent Assembly had 11 sessions over two years, 11 months and 18 days

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FAQs on MindMap: Making of the Constitution - Indian Polity for UPSC CSE

1. What is the significance of the Constitution?
Ans. The Constitution is significant as it serves as the fundamental law of the land, providing the framework for governing a country. It establishes the rights and responsibilities of citizens, the structure of the government, and the distribution of powers among different branches and levels of government.
2. Who were the key individuals involved in the making of the Constitution?
Ans. The key individuals involved in the making of the Constitution were the delegates who attended the Constitutional Convention in 1787. Notable figures include George Washington, James Madison, Benjamin Franklin, Alexander Hamilton, and Thomas Jefferson. These delegates debated and drafted the Constitution, bringing their diverse perspectives and experiences to the process.
3. How long did it take to draft the Constitution?
Ans. The drafting of the Constitution took approximately four months. The Constitutional Convention began on May 25, 1787, and the final draft of the Constitution was signed on September 17, 1787. During this period, the delegates engaged in intense debates and negotiations to shape the provisions of the Constitution.
4. What were the major compromises made during the Constitutional Convention?
Ans. Two significant compromises made during the Constitutional Convention were the Great Compromise and the Three-Fifths Compromise. The Great Compromise resolved the issue of representation in the legislative branch by creating a bicameral legislature, with the House of Representatives based on proportional representation and the Senate granting equal representation to each state. The Three-Fifths Compromise addressed the contentious issue of counting enslaved individuals for determining a state's population and representation.
5. How does the Constitution protect individual rights?
Ans. The Constitution protects individual rights through the inclusion of the Bill of Rights, which consists of the first ten amendments. These amendments guarantee various civil liberties and protections, such as freedom of speech, religion, and assembly, the right to bear arms, protection against unreasonable searches and seizures, the right to a fair trial, and protection against cruel and unusual punishment. Additionally, the Constitution establishes a system of checks and balances that helps safeguard individual rights by preventing any one branch of government from becoming too powerful.
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