UNIT – I

Introduction and Basic Information

about Indian Constitution
By
Dr. Vivek Srivastava
Meaning of the Constitution Law
• Constitutional law, the body of rules, doctrines, and practices that govern the operation
of political communities.
• Constitution can be defined primarily as ‘set of Rules and Principles specifying how a
country should be governed, how power is distributed and controlled and what rights
citizens posses.
Nature of Constitution:
1. Binding on Citizens of the State and Law Making bodies.
2. Based on Public Legitimacy i.e. a Rule of People by the People.
3. Defines Rights and Duties of the Citizens.
4. International Recognition of State as Democratic System in terms of Rights and
Representation.
Functions of the Constitution
1. Constitution defines the Rights and Duties of the citizens.
2. Constitution set up the Structure of the Government by defining the Natureand Authority
of the Public Community.
3. Constitution defines the boundary of the Government Institutions.
4. Constitution set up the power divisions between the layers of Government and Inter-
Governmental Institutions.
5. It gives Identity to Citizens as well as the Government.
Constitutionalism?
The act of implementation of constitution is constitutionalism.
Historical Background of the Constituent Assembly
• Constituent Assembly was a Sovereign Body which was formed to dra the Constitution of India.
Sovereign - Independent
• The Idea for the Constituent Assembly was proposed by M.N Roy in 1934, from then Indian National
Congress made it it’s official demand in 1935.
• English Government first accepted the demand for Constituent Assembly for India in August, 1940.
Also k/a August Offer.
• In 1942 Cripps Mission came in India – suggested that independent constitution was to be adopted
af ter World War II provided by the constituent assembly. This proposal was rejected by Muslim
League and demanded two constituent assembly for two different states.
Historical Background of the Constituent Assembly Contd…..
• Finally, in 1946 Cabinet Mission came and suggested the formation of one
constituent assembly. It provided the scheme for constituent assembly.
Schemes of Cabinet mission:
• The membership of Constituent Assembly initially was 389. Out of 389 members,
296 seats were for British India and 93 seats for Princely States.
Princely States – States of British Emperor but ruled by Indians.
• Number of Seats was allo ed on basis of Population. It was roughly 1 seats for every
1 million Population.
Historical Background of the Constituent Assembly Contd…..
Schemes of Cabinet mission:
• Representative of each Principal Communities were to be taken in consideration for the
allotment of seats in Constituent Assembly.
• The representative of Princely States were to be Nominated by the heads of the Princely
States.
• With the Par tition of Pakistan, Muslim League withdrew from the Constituent Assembly
of India, effective number of Members came down to 299.
• There were 8 major commi ee and 13 minor commi ee in constituent assembly.
• Dr. B R Ambedkar was the chairman of dra ing commi ee. It had six other members.
Historical Background of the Constituent Assembly Contd…..
Schemes of Cabinet mission:
• There were three readings af te r second draf t- Nov 4, 1948; Oct 17, 1949 and
November 14, 1949.
• The draf twas finally passed and adopted on Nov 26, 1949. It contained a Preamble,
395 A icles and 8 Schedules.
• It came into force on Jan 26, 1950.
Historical Background of the Constituent Assembly Contd…..
Functions of Constituent Assembly:
• First and foremost, framing the Constitution.
• For making laws and regulations.
• Elected Dr Rajendra Prasad as first President of Union of India.
• Adopted National Song on January 24, 1950, National Flag on July 24, 1947 and
National Anthem on 24 January, 1950.
Time Line of the Constituent Assembly:
1. Constituent Assembly met for thefirst timeon 9th December, 1946 in New Delhi,India.
2. Initially the Interim Chairperson of the Constituent Assembly was Dr Sachidanad Sinha.
3. Later, Dr RajendraPrasadbecamethePermanent Chairperson of theConstituent Assembly.
4. On the13th December, 1946, Pandit Jawahar Lal Nehru movedtheObjectiveResolution which
• later became ‘Preamble of the Indian Constitution'. It resolved to make India as an
Independent
5. Constituent Assembly met for 11 sessions and took 2 years, 11 months and 18 days to makeour
constitution.
6. The members of the Constituent Assembly signed the Constitution of India on 24th January of
1950. Implementedon 26th January 1950.
7. Theconstituent assembly transformedinto parliament till 1952.
Dra ing Commi ee:
• Dra ing commi ee was one of the major commi ees.
• It was headed by Dr. B.R Ambedkar along with 6 other members.
• Function of Draf ti ng Commit te e was to understand, analyse and take into
consideration the proposals of various Commit tees of the Constituent Assembly
and prepare the first dra of Constitution which was published in February, 1948.
Criticism of Constituent Assembly :
1. It took too much time for framing Constitution. (Do you agree with this?).
2. It was not elected by the People of India.
3. It was dominated by Lawyers and Members of Congress.
Government of India Act 1935 :
• This Act was adopted in response to opposition and criticisms from the National
Congress of India to the 1919 Act for doing too li le in terms of granting autonomy.
• The Government of India Act derived its provisions from 4 impor tant sources i.e.
Simon Commission Repo , Third Round Table Conference, the White Paper of 1933
and Joint Select commi ee.
• Its key provisions included:
1. Abolition of the dual form of government or diarchy and the granting of a
larger degree of autonomy for the provinces
2. Establishment of a Federation of India (which never came into force though)
Government of India Act 1935 Contd…..
3. Introduction of direct suffrage and extension of the franchise to 37 million people
from the original 5 million
4. Membership of the provincial assemblies was altered so as to include more elected
Indian representatives, who were now able to form majorities and be appointed to
form governments
5. The establishment of a Federal cour t.
Indian Independence Act 1947
• The Indian Independence Act was passed in 1947 (18th July).
• The act created two new independent dominions; India and Pakistan.
• Pakistan was split into Pakistan and East Pakistan which is now Bangladesh. The Bengal
and Punjab provinces were pa itioned between the two new countries.
• These dominions separated the Muslim, Hindu and Sikh population and caused the
biggest forced migration which has ever happened that was not the result of war or
famine.
• The Act repealed the use of ‘Emperor of India’ as a title for the British Crown and ended
all
• existing treaties with the princely states.
Indian Independence Act 1947 Contd …..
• Lord Mountba en continued as Governor-General.
• Jawaharlal Nehru was appointed India’s first Prime Minister.
• Muhammad Ali Jinnah became Pakistan’s Governor-General and Liaquat Ali Khan
its Prime Minster.
• The 15th August 1947 has since become celebrated as India’s Independence Day.