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CHAPTER 1

Our Constitution

in 1946 and put forward a set of proposals


to

meet the demands of the Freedom Fighters,


SYLLABUs
Our Constitution One of these proposals involved setting up ofa
Constituent Assembly whose members were to
Definition of Constitution-date ofadoption, be elected indirectly by the Provincial Legislative
date of enforcement and its
significance Assemblies (Lower House only).
Elections to the Provincial Assembly were
3heint completed by July 1946. The Princely States were
The Constitution of India came into effect on
26th January 1950, when India became a represented by the members nominated by the
rulers of these States. The Constituent Assembly
Sovereign Democratic Republic.
of undivided India consisted of 389 members
OConstitution is a comprehensive document (292 elected, 93 nominated by the Princely
containing the set of rules that describe states, three from Chief Commissioner Provinces
therights and duties of its citizensand the and one from the British). The Constitution of
manner according to which the governance India was framed by the Constituent Assembly.
of a country is to be carried out. It regulates FORMATION OF THE CONSTITUENT AssEMBLY
theposition and powerabf the threeorgans of The first sitting of the Constituent Assembly
thegovernment-the legislative, the executive
was held on December 9, 1946. It was held
and the judiciary: and states how they are
inter-related. It assumes special importance as it
moderates relations between the government and
the governed. Further, it protects the interests
ofthe citizens by restraining the government
from taking arbitrary decisions. The aim of a
Constitution of a nation is to ensure smooth
governance for the welfare of its citizens.
The principles of the Constitution distinguish
a constitutional or democratic government
from an absolute monarchy or a dictatorship.

ENACTMENT OF THE INDIAN


CONSTITUTION
We have studied in the Freedom Movement of
India that the Cabinet Mission arrived in India Dr. Rajendra Prasad signing the Constitution

122 Total History and Civics-IX


ent Central
Ces
Hall of the
present

the
at
atnd was presided

lhe
oresided over by Dr. Parliament
oldest Sitting member Sachidananda
of the
Assembly
December on
11, 1946 Dr. Central
the Rajendra
Prasad ad was elected President of
A s s e m b l y

Constituent
Muslim League
he

bly to and
boycotted
the Constituent
the
olled Pakistan. creation of a
separate
ers representing theConsequently the
State

member

toPakistan ithdrew territories which


went
from the
bly of India. As a
result, the Constituent
the Constitu ituent Assembly of membership
India
at 299 n99 against the stood
original number of 389 Pt. Jawaharlal Nehru
mbers. Of se, 284 were
November 26, 1949, and actually present Objectives Resolution: When the Constituent
natures to the Constitution asappended
on

their
Assembly started the work of drafting the
finally passed.
Dr. Rajendra Prasad
continued to be the Constitution, Pt. Jawaharlal Nehru proposed the
Dresident of the Constituent Assembly of India. Objectives Resolution' on December 13, 1946.
The 'Resolution' highlighted the objectives and
Between December 9, 1946 and August 14,
1947 the Assembly held five sessions. laid down the 'national goals.

COMPOSITION OF THE CONSTITUENT i) Free India will be nothing but a 'republic'.


AssEMBLY (i) The ideals of social, political and economic
democracy would be guaranteed to all people.
The wide-ranging membership of the Constituent
ii) The republic would grant Fundamental
Assembly gave representation to all shades of
public opinion. The Cabinet Mission plan had Rights to citizens.

ensured representation to only three categories- (iv) The state would safeguard the rights of
the General category, Muslims and Sikhs. The minorities and backward classes.

Congress leaders had, however, ensured that The 'Objectives Resolution' was passed by
other communities like Anglo-Indians, Indian the Constituent Assembly on, January 22, 1947.
Christians, Scheduled Castes and Scheduled
DRAFTING CoMMITTEBE
Tribes got representation.
The Indian Independence Act, 1947, by which
The Anglo-Indians were represented by
two independent states of India and Pakistan were
the
Mr. Frank Anthony and Mr. S.H. Prater; created, recognised the existence of the Constituent
and
Indian Christians, by Dr. H.C. Mukherjee Assembly of India. This legal sanction enabled
Dr. H.P,
Joseph D'souza; and the Parsees by the Constituent Assembly to function after
had boycotted
Modi. the Muslim League
Though India's independence. The Assembly became a
still two members
the Assembly, there were sovereign body. To carry on its work it appointed
Saadullah who
Imam and Mohammad
Lalar
The Sikhs eight committees. The Drafting Committee, under
epresented the Muslim community. the Chairmanship of Dr. B.R. Ambedkar was
Singh and
Sardar Hukum set up on August 29, 1947 and was entrusted
e represented by
the Constituent
jal Singh. It can be said that with the task of drafting the Constitution.
national in character
Sembly was truly

123
Our Constitution
the
individuals
are not ntringed
are not

DR. Rights of
AMBEDKAR's CONTRIBUTION the State
INDIAN CoNSTITUTION
TO
T by the Centre
or
governments
Dr. Bhimrao Ambedkar, as
4. Single
citizenship, single
judiciary and
judician
ws to
laws to integrate
popularly know
fundamental

uniformity
in
E5abasaheb, was one of the architects of the he
Constitution of India. He was an eminent jurisey
Indian society.
Centre to
Theretore,

maintain
proposed a
pre

territorial inte
cconomist, politician and social reformer. The strong
and administrative discipline.
text of the
Constitution prepared by Babasaheb Directive Principles to
provided for constitutional guarantees and 5. Incorporated
economic demnocracy and weliar
ensur
for a wide range of civil liberties social and
protections of India.
tor individual citizens, including freedom or of the people
religion, the abolition of untouchability, soclal
READINGSs
nghts for women and a system of reservation discussed by the Consti
ot jobs in the government services for members The Draft
was
tuent
clause by clause,
since Novemha
ber 4
of Scheduled Castes and Scheduled Tribes. Assembly,
the draft underwent the se.
In order to shape India into a complete 1948.
Thereafter,
Octobes
second
was completed on
Sovereign Democratic Republic, in which the Reading which
1949. It was by the third and the sfinal
followed
liberty and dignity of the individual is ensured,
Reading which were completed onlNovember 26,
alongwith national integrity, Babasaheb
incorporated the following principles in the 1949.
Constitution of India:
TIME TAKEN
1. Made the Indian Constitution workable,
three years for the Constituems
It took nearly
flexible and strong enough to hold the
Assembly to finally pass the Constitution. At the
country together both in peace and in war.
time of its signing, the Constitution consisted
2. Provided special safeguards to the minorities
of 395 Articles and Eight Schedules.
and certain classes, who are socially and
educationally backward. IMPLEMENTATION OF THE CONSTITUTION
3. Incorporated the Right to Constitutional After the signing of the Constitution, only the
Remedies to ensure that the Fundamental clauses relating to citizenship and some others
came into force immediately. This was to enabe
persons displaced as a result of the partition,
to register themselves as Indian citizens
The Constitution was adopted and passed
by the Constituent Assembly on November 26
1949. The Constitution as a whole came into
force with effect from January 26, 1950
With the coming into force of the Constitution,
C.Rajagopalachari became the Governo
General. He replaced Lord Mountbatten The
Constituent Assembly became the provisional
parliament until the new General Elections were
Dr. B.R. Ambedkar held in 1951-52. Dr.
Rajendra Prasad. w

124 Total History and Civics-


celebrated as Independence
then the day was
Day up to 1947.
15th August
Independence,
On achieving January-
9 4 7 became the Independence Day.
was designated as the Republic Day
Fact File
July. 1946
1 Constihuent Assembly electad
Dec. 9, 1946
2 First Session
Indian National Flag 3 Objectves Resolution Dec. 13, 1945
Propesed Jan. 22. 1947
as the Preside of the Constituent Assembly Passead Aug 23, 1947
as the President of the Indian Union. 4 Drating Commite set up
Febh 1948
ok over 5 First Drat completed Nov. 1948
OF JANUARY 26
SENIFICANCE 6FirstReading Oct. 1949
January26, 1950 for commencement of 7. Second Reading
The date Nov. 1949
he Constitution specially selected because
was &Third Reading Nov. 26, 1949
9. Canstitution passed and adopted
i t s historncal importance. At the Lahore Jan. 26. 1950
10 Efectve om
Session of the Congress held in Dcember
11. Constituent Assembly Members
1929, a resolution was passed which declared 389
Undivided India
Poorna Swaraj Complete Independence
or -to
lndia by itself
299
be the objective
of the Congress. January 26,
Articles 395
12 At the time of Commencement
1930 was fixed a s the first Independenoe Day, Schedules
to be so celebrated every year. Since
hich was

TERMSTO REMEMBER

An addition or alteration to the Constitution.


Amendment
Adopt Legalise. which people elect their
to democracy or a form of government in
Democratic Pertaining
the government.
representatives to form
Brotherhood or friendship.
Fraternity worth trying or living for.
A principle
Tdeals
EXERCISES

I. Short Answer Questions


Constitution?
the term
1. What is meant by constituted?
was the Constituent Assembly
2. On the basis of
which plan
Resolution ?
the Objectives
3. What is known as

the Objectives
Resolution proposed?
4. By whom was
of the Drafting Committee of the Constitution?
as the Chairman
5. Who was appointed
Constitution adopted and passed?
6. When was the

125
Our Constitution
7. When did the
Constitution come into force?
6, Why was January 26 chosen for the commencement of the Constitution

II. Structured Questions

1.With reference to the making of Indian Constitution explain the following'


(a) Name the Plan which proposed to set up the Constituent Assembly. How were the

members of the Constituent


Assembly elected?
(b) How was the membership of the Constituent Assembly reduced as a result of
of the country?
partition
) How can you say that the Constituent Assembly gave adequate representation to all
sections of the Indian
Society?
2.With reference to the 'Objectives Resolution' explain the following
(a Who proposed the Resolution '? When was the Resolution passed by the Constituent

Assembly? Name the Act that gave legal sanctity to the Constituent Assembly.
(b) State any three points of the
'Objectives Resolution
Last four principles that Babasaheb Ambedkar incorporated in the Constitution.

III. Thinking Skills


1. The Constitution of India is the longest written Constitution in tHe world.
would have been the What
Give reasons to consequences if the Constitution of India was not written?
support your answer.
2. Do you think that the
Constitution of India has an important role in
the unity and
integrity of India? Give reasons to maintaining
3. Dr. Bhimrao
support your answer.
Ambedkar was a learned man with great foresight. Make
instances where his foresight a list of
came to our nation's aid in times of crisis.

126
Total History and Civics-X

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