M.N. Roy first time kept forward the idea of the Constituent Assembly in 1934.
1935 – INC – 1st time demanded for Constituent assembly
- 1938 J Nehru- Constitution of free India must be frame by a constituent assembly –members are to be elected based on adult
franchises
- 1940- August offer demands
- 1942 - Cripps came to India with a draft proposal for independent constitution
-Muslim League Rejected the proposal – demanded 2 dominion state with separate assembly
-1946 cabinet mission with idea of constituent assembly
Nov 1946 – Constituent assembly formed under Cabinet mission plan
- Total Strength 389- 296 British India State + 96 princely State
- Gandhi Not a member of constituent assembly.
- Dr Sachi nanda Sinha – Elected as temporary president of assembly Under French practice
- Rajendra Prasad Elected as president of Assembly
- VP of Assembly – HC Mukhaji + VT Krishna Machari
- 1946- Nehru Moved Objective Resolution (OR Adopted on 22-Jan-1947)
- April-28-1947 Representative of 6 State Become part of Assembly of mount batten plan of June-3-1947
- Changes after the Indian Independence Act, of 1947:
became the legislative body
- Chaired by Dr. Rajendra Prasad
- G.V. Mavlankar became the chairman (this arrangement continued till November 26, 1949).
- Muslim League withdrew - 229 from 296- princely states to 70 from 93.
- India’s membership of the Commonwealth in May 1949.
- Adopted the National Flag of India on July 22, 1947.
- Adopted National Anthem on January 24, 1950.
- Elected Dr Rajendra Prasad was the first President of India on January 24, 1950.
- On January 24, 1950, the Constituent Assembly
- On August 29, 1947, a Drafting Committee- Dr Bheemrao Ambedkar Chairmen of the committee
- Members of the Drafting Committee
N. Gopalaswamy Ayyangar
Alladi Krishnaswamy Ayyar
Dr. K.M. Munshi
Syed Mohammad Saadullah
N.M. Rau
T.T. Krishnamachari
- The Constitution as adopted on November 26, 1949
- The draft was passed on November 26, 1949 (thus, celebrated as Constitution day).
- All the provisions under the Indian Independence Act, of 1947, and the Government of India Act, of 1935 were repealed.
- Abolition of Privy Council Jurisdiction Act (1949) continued.—Abolished after Constitution
- majority of the Constitution- Jan 26 1950( Purna Swaraj Celebration In 1930)
- Commencement of the Constitution. - Indian Independence Act of 1947 + Government of India Act of 1935—Abolished ,
- July 8, 1946, appointed an Experts Committee – Nehru Chairmen
- S.N. Mukherjee - chief draftsman of the Constitution
- Prem Behari Narain Raizada - calligrapher of the Indian Constitution. +
- Beautified and decorated by - Nand Lal Bose + Beohar Rammanohar Sinha.
- The calligraphy of the Hindi version - Vasant Krishan Vaidya
- elephant was adopted as the symbol of the Constituent Assembly
- One of the main criticism of The Assembly was it being a domination of lawyers and politicians and representation of
other professionals was not significant.
- Constitution refers to a set of principles defining the organization and operation of the government, as well as the
relationship between the government and the people in terms of their rights and duties.
- Evolved Constitution- British Const.
- Enacted Const. – American & Indian Const.
- Written Const.- USA India Canada Japan France
- Unwritten Const. UK , Isreal Newzland
- Rigid Const. USA AUS SWITZ
- Flexible Const.- ordinary laws, no special procedure, no distinction between constitutional and ordinary laws-UK
Newzland (India – voth)
- Fedrel Const. – USA Switz Canada
- Unitary Const. UK FRANCE JAPAN CHINA
- Constitutionalism aspires to establish a political framework where governmental powers are restrained.
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features borrowed from constitution
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ndian Constitution is the world's lengthiest written constitution.
- Original (1949): Preamble, 395 Articles (22 Parts), 8 Schedules.
- Current: Preamble, about 470 Articles (25 Parts), 12 Schedules.
- Amendments since 1951: Deleted 20 Articles, one Part (VII), added 95 Articles, four Parts (IVA, IXA, IXB, XIVA), four
Schedules (9, 10, 11, 12).
- Jammu and Kashmir had special status until 2019 (Article 370).
- Federal Scheme, Judiciary, Governors, Emergency Powers, Public Service Commissions, and administrative details
mainly drawn from the 1935 Act.
- Article 368 outlines two types of amendments: (
a) Special majority of Parliament (two-thirds of members present and voting, and majority of total membership).
(b) Special majority of Parliament with ratification by half of the total states.
- Indian Constitution: Establishes a federal system of Government.
- Parliamentary government features:
Federal in form but unitary in spirit.
Described as 'Union of States' in Article 1.
Implies the Indian Federation is not a result of a state agreement.
No state has the right to secede from the federation.
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- Also known as 'Westminster Model,' 'Responsible Government,' and 'Cabinet Government.'
- Features of Parliamentary Government in India:
Presence of nominal and real executives. Majority party rule.
Collective responsibility of the executive to the legislature.
Membership of ministers in the legislature.
Leadership of the Prime Minister or Chief Minister.
Dissolution of the lower House (Lok Sabha or Assembly).
- Prime Ministerial Govt.
- Indian Judicial System: Integrated and independent.
- Hierarchy: Supreme Court: Apex of the integrated system.- Federal court, highest appeal court, guardian of fundamental
rights, and Constitution.
- High Courts: At the state level.
- Subordinate Courts: district courts and lower courts.
Fundamental Rights
Seven initially, with the Right to Property (Article 31).
Removed by the 44th Amendment Act of 1978.
Right to Property became a legal right under Article 300-A in Part XII.
-Purpose of Fundamental Rights:
Promote political democracy.
Limit executive tyranny and arbitrary laws.
Enforceable by courts; justiciable in nature.
Limitations on Fundamental Rights
Not absolute, subject to reasonable restrictions.
Can be curtailed or repealed by Parliament through Constitutional Amendment Act.
Suspended during National Emergency, except rights under Articles 20 and 21.
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DPSP