Making of the Indian Constitution
- People of India were emerging from status of subject to citizens.
- More than ten lakh people were killed in partition related violence.
- The merger of princely states was difficult and uncertain task.
- The future of the country was not secure.
The Path to Constitution
In India, the consensus with regard to making of the Constitution had already developed during independence struggle.
Some efforts prior to framing of Indian
Constitution:
- In 1928,Motilal Nehru and eight other Congress leaders drafted a Constitution for India.
- In at the resolution at the Karachi session dwelt on how independent India's Constitution should look like.
- Both the documents were committed to the inclusion of universal freedom and equality and to adult franchise, night to protect rights of the minorities in the Constitution.
Sources of Indian Constitution:
- The experience gained by Indians in the working of the legislative institutions.
- The various provisions such as colonial laws e g. Government of India Act 1935.
- There were some provisions of the Indian Constitution which were adopted from other countries, for example, the practice of Parliamentary democracy in Britain and the Bill of rights in the US
- The idea of liberty, equality, fraternity were adopted from the French revolution.
- Each provision was discussed or deliberated thoroughly in the Constituent Assembly.
The Constituent Assembly
- The drafting of the Constitution was done by assembly of elected representatives called the constituent Assembly.
- Elections to the Constituent Assembly were held in July 1946. Its first meeting took place in December 1946.
- Due to partition of India the Constituent Assembly was divided.
- The Constituent Assembly of India comprised of 299 members
- The Constituent Assembly of India adopted the Constitution on 26 November 1949 but it Come into effect on 26 January 1950.
Making of the Indian Constitution:
- First some basic principles were decided and agreed upon.
- Then Drafting Committee chaired by Dr. B.R. Ambedkar prepared a Draft Constitution for discussion.
- Several rounds of thorough discussion took place on the Constitution, More than two thousand amendments were considered clause by clause.
- Members deliberated for 114 days spread over 3 years
- Every document presented and every word spoken in the Constituent Assembly has been recorded and preserved in form of 'Constituent Assembly Debates'
Sovereign:
People have supreme right to make decisions on internal as well as external matters. No external power can dictate the government of India.
Socialist :
Wealth is generated socially and should be shared equally by society. Government should regulate the ownership of land and industry to reduce social economic inequalities
Secular:
Citizens have complete freedom to follow any religion. But there is no official religion. Government treats all religious beliefs and practices with equal respect
Republic:
The head of the state is an elected person and not a hereditary position.
Liberty :
There are no unreasonable restrictions on the citizens in what they think, how they wish to express their thoughts and the way they wish to follow up their thoughts in action.
Equality:
All are equal before the law. The traditional social inequalities have to be ended. The government should ensure equal opportunity for all.
Fraternity:
All of us should behave as if we are members of the same family. No one should treat a fellow citizen as inferior.
Justice:
Citizens cannot be discriminated on the grounds of caste, religion and gender. Social inequalities have to be reduced.
Importance of Constitution
1. Trust and co-ordination :
It generates a degree of trust and co-ordination that is necessary for different kinds of people to live together
2. Specifications:
It specifies how the government will be constituted, who will have the power to take which decisions.
3. Rights and duties:
It lays down the limits on the powers of the government and tells us what the rights of the citizens are.
4. Good society :
It expresses the aspirations of the people about creating a good society The apartheid
REVISION CHART
Democratic Constitution in South Africa
Nelson Mandela and seven other leaders were sentenced to life imprisonment in 1964 for daring to oppose the apartheid regime in his country.
Struggle against apartheid
Apartheid was the name of a system of racial discrimination unique to South Africa,
Towards a New Constitution
Finally, at the midnight of 26 April 1994, the new national flag of the Republic of South Africa was unfurled making the newly born democracy in the world.
Need of a Constitution
The example of the South Africa is the finest way to understand why we need a Constitution and what do Constitutions do.
Making of the Indian Constitution
Like South Africa, the Constitution of India was also drawn up under very difficult circumstances.
Institutional design
- A Constitution in mainly about embodying these values into institutional arrangements.
- Much for the document called Constitution of India in about these arrangements
- The Indian Constitution describes the institutional arrangement in a very legal language.
Philosophy of the Constitution
Values that inspired and guided the freedom struggle, are embedded in the Preamble of the Indian Constitution,
The Dream and the Promise
The dream of an India that has eliminated inequality was shared by Dr. B.R. Ambedkar, the Father of the Indian Constitution.
The Constituent Assembly
The drafting of the document known as the Constitution was done by an Assembly of elected representatives called the Constituent Assembly,
The Path to Constitution
Motilal Nehru and eight other Congress leaders drafted the Constitution for India.
QUESTION BANK
Very Short Answer Type Questions (1 Mark)
1.What is the full form of ANC? When was it formed?
2. What do you mean by apartheid?
3. What do you know about the Constituent Assembly?
4.What is a Constitution?
Short Answer Type Questions (3 Marks)
5. What were the points that the Blacks and Whites agreed upon while making the Constitution for South Africa?
6. What do you mean by the Drafting Committee? 7. Define the role of Dr Ambedkar in making the Constitution
7. What is the philosophy of the Indian Constitution?
8.Why do we need a Constitution?
9.Why is the Constitution important for the citizens of India?
10.What were the challenges faced by the makers of the Indian Constitution?
15 What is a Constitutional Amendment? Explain.
16. Write a short note on the Constituent Assembly of India ?
17. what anxiety did Dr. Ambedkar state in his concluding speech to the Constituent Assembly?
18. The Constitution describes the institutional arrangement of a country." Explain the above statement
19. What is a Preamble? What is its relevance?
Long Answer Type Questions (5 Marks)
20. Why do we need a Constitution?
21. Why should we accept the Constitution made by the Constituent Anomaly more than 60 years ago?
22. "India emerged as an independent country amidst heavy turmoil." Justify the statement
23. Explain the guiding values of the Indian Constitution.