MindMap: Making of the Constitution | Indian Polity for UPSC CSE PDF Download

Making of the ConstitutionDemand 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