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MAKING OF

INDIAN
CONSTITUTION
ESP II

By,

ACH
Government of India Act, 1858

Indian council Act , 1861

Indian council Act , 1892 No Indian Involved

Government of India Act, 1909

Government of India Act, 1919

The Commission submitted its report in 1930 and


recommended the abolition of dyarchy, extension of
responsible government in the provinces,
Simon establishment of a federation of British India and
Commission princely states, Continuation of communal electorate
and so on.
The Nehru Report was memorandum outlining a proposed new dominion
NEHRU REPORT 1928 status constitution for India. It was prepared by a committee of the All Parties
( Swaraj Samvidhan ) Conference chaired by Motilal Nehru . The constitution outlined by the Nehru
report was for India enjoying dominion status within the British
Commonwealth.

Some of the Important Elements of the report were as follows-


The Nehru Report
• It contained a Bill of rights. demanded that the
• All power of government and all authority legislative, executive and judicial are derived from the Fundamental Rights
people and the same shall be exercised through organizations established by, or under, and in
accord with, this Constitution.
for the people of
• There shall be no state religion; men and women shall have equal rights as citizens. India wouldn’t be
• There should be federal form of government with residuary powers vested in the centre. subjected to
• It included a suggestion that the provinces should be linguistically determined. forfeiture.
• It did not provide for separate electorates for any community or weight age for minorities

But the younger sections of Congress led by Jawahar Lal Nehru and Subhash Bose were opposed the report
as they were not satisfied with the dominion status as the goal of Congress.

The Indian National Congress passed the Purna Swaraj resolution in its Lahore session on 26th December
1929. The resolution demanded 'Purna Swaraj' or the complete freedom from the British.
1934 M. N. Roy proposed the idea of a constituent assembly

The demand was taken up by the congress party as an


1935
official Demand

1935 Government of India ACT, 1935 disappointed Indian Again

1938 "The Constitution of free India should be made by a Constituent Assembly elected
on the basis of adult suffrage without any outside interference“ J Nehru

1940 With the AUGUST OFFER it was accepted by the British

1942
Crips Mission To implement the August Offer

INC was not happy


Muslim league wanted two
with the Dominion FAILED separate CA
status
Members
1946 Cabinet Mission passed Constituent Assembly Lord Pethick
Lawrence
A.V Alexander
Stafford Cripps

Restricted adult franchise


389
Single transferable vote members
system of proportional
representation

1 member was to represent


a population of 10 lakh 292 member 93 members 4 members
Nominated Nominated
JULY AUGUST,1946 Indirect Election
Princely state Chief commissioner’s
Seats were allocated to three British India Provinces area
communities
Muslim
Sikh 208 Seats 73 seats
General INC Muslim league
15
15 seats women
Independent
candidates
1st Meeting of Constitution Assembly was held on 9th Dec which was boycotted
1946 by Muslim League. Attended only 211 members
Sachidanand Sinha as the interim president
On 11th December, Dr Rajendra Prasad was elected as CHAIRMAN Constituent
Assembly

Jawaharlal Nehru introduced OBJECTIVE RESOLUTION on 13th Dec,1946

Mountbatten Plan of 3rd June : Partition of country & The proposed state of
1947 Pakistan

Adopted by Constitution
Assembly on January 22,1947

Members of the Constituent


Assembly was Reduced to
Modified version: Preamble
299
CA appointed 22 committees

10 Procedural committees 12 Substantive affairs


Was appointed 29th August ,1947
Chairman: Dr. BR Ambedkar
Drafting
Committee

2 years 11 month 18 days

1949 On 26th Nov, 1949 adopted the constitution of India


Last Day of Constituent
Assembly

1950 On 24th January Only 284 members signed the constitution

On 26th January the constitution came into full operation.


Phases of the Constituent Assembly
As Constituent Assembly, under the from 6th September, 1946
First Phase
limitations of Cabinet Mission Plan to 14th August, 1947

As Constituent Assembly, a sovereign from 15th August, 1947


Second Phase
body provisional Parliament to 26th November, 1949

Third Phase As a provisional Parliament from 27th November, 1949


to March, 1952

Other Functions Performed by the Constituent Assembly


▪ It adopted the national flag on 22nd July, 1947.
▪ It ratified India's, membership of commonwealth in May, 1949.
▪ It adopted the National Anthems and National song on 24th January, 1950.
▪ It elected Dr. Rajendra Prasad as the first President of India on 24th January, 1950.
Constitution of India

Sources
Sources Features borrowed
Government of India Act, 1935 • Federal System ( More than one level of government)
• Office of the Governor
• Emergency Provisions
• Public Service Commission

British Constitution • Parliamentary form of government.


• Single Citizenship
• Cabinet System
• Bicameralism
US Constitution • Fundamental Rights
• Independence of judiciary
• Post of Vice President
Irish Constitution • DPSP (Irish borrowed it from Spamish Constitution)
• Method of electing President
• Nominating members in the upper house (Rajya Sabha)

10
Sources
Sources Features borrowed

Canadian Constitution • Quasi- Federal form of government

Australian Constitution • Concurrent List

Former USSR • Fundamental Duties


• Five Year Plans

Weimar Constitution of Germany • Suspension of Fundamental rights during Emergency

South African Constitution • Procedure of election of Rajya Sabha


• Procedure of amendment of the constitution

French Constitution • Republic


• Ideals of Liberty, Equality and Fraternity.
Lengthiest written Drawn from various Federal Govt with Unitary Bias
constitution sources
Originally (in 1949), it contained a Preamble, 395 Articles • Dual polity : Division of powers between
(divided into 22 parts) and 8 schedules Centre and the States
• Independent Judiciary : Supreme court
Currently it has 448 articles, 12 schedules arbitrates the dispute between them
and 25 parts.

Unique blend of flexibility Parliamentary form of Govt.


Salient Features
and rigidity Of
Indian Constitution
Independent and
Integrated Judiciary
Universal Adult
Franchise
Fundamental Rights
Fundamental Duties
Secular Character Emergency
DPSP
Single Citizenship Of State Provisions

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