MAKING OF THE INDIAN CONSTITUTION

The Constitution of India came into force on 26 January 1950. Since then, the day is celebrated as Republic Day. However, before 1950, 26 January was called Independence Day. Since 26 January 1930, it was the day on which thousands of people, in villages, in mohallas, in towns, in small and big groups would take the independence pledge, committing themselves to the complete independence of India from British rule. It was only fitting that the new republic should come into being on that day, marking from its very inception the continuity between the struggle for independence and the adoption of the Constitution that made India a Republic.

The Constitution Of

India

The process of the evolution of the Constitution began many decades before 26 January 1950 and has continued unabated since. Its origins lie deeply embedded in the struggle for independence from Britain and in the movements for responsible and constitutional government in the princely states. On 19 February 1946, the British government declared that they were sending a Cabinet Mission to India to resolve the whole issue of freedom and constitution making. The Cabinet Mission, which arrived in India on 24 March 1946, held prolonged discussions with Indian leaders.

On 16 May 1946, having failed to secure an agreement, it announced a scheme of its own. It recognized that the best way of setting up a constitution-making machinery would 'be by election based on adult franchise; but any attempt to introduce such a step now would lead to a wholly unacceptable delay in the formulation of the new constitution. Therefore, it was decided that the newly-elected legislative assemblies of the provinces were to elect the members of the Constituent Assembly on the basis of one representative for roughly one million of the population. The Sikh and Muslim legislators were to elect their quota based on their population.

Constituent Assembly

It was only after this process had been completed that the representatives of all the provinces and those of the princely states were to meet again to settle the Constitution of the Union. The Congress responded to the Cabinet Mission scheme by pointing out that in its view the Constituent Assembly, once it came into being, would be sovereign. It would have the right to accept or reject the Cabinet Mission's proposals on specifics.

The Constituent Assembly was to have 389 members. Of these, 296 were to be from British India and 93 from the princely Indian states.

Initially, however, the Constituent Assembly comprised only of members from British India. Elections of these were held in July-August 1946. Of the 210 seats in the general category. Congress won 199. It also won 3 out of the 4 Sikh seats from Punjab. The Congress also won 3 of the 78 Muslim seats and the 3 seats from Coorg, Ajmer-Merwara, and Delhi. The total Congress tally was 208. The Muslim League won 73 out of the 78 Muslim seats. At 11 a.m., on 9 December 1946, the Constituent Assembly of India began its first session. For all practical purposes, the chronicle of independent India began on that historic day. Independence was now a matter of dates.

The real responsibility of deciding the constitutional framework within which the government and people of India were to function had been transferred and assumed by the Indian people with the convening of the Constituent Assembly. Only a coup d'état could now reverse this constitutional logic. 207 members attended the first session. The Muslim League, having failed to prevent the convening of the Assembly, now refused to join its deliberations. Consequently, the seventy-six Muslim members of the League stayed away and the four Congress Muslim members attended the session. On 11 December, Dr Rajendra Prasad was elected the permanent Chairman; an office later designated as President of the Assembly.

The third session was held from 28 April to 2 May 1947 and the League still did not join. On 3 June, the Mountbatten Plan was announced which made it clear that India was to be partitioned. With India becoming independent on 15 August 1947, the Constituent Assembly became a sovereign body, and also doubled as the legislature for the new state. It was responsible for framing the Constitution as well as making ordinary laws.

Independence day

The work was organized into five stages: first, committees were asked to present reports on basic issues; second, B.N. Rao, the constitutional adviser, prepared an initial draft on the basis of the reports of the reports of these committees and his own research into the constitutions of other countries; third, the drafting committee, chaired by Dr Ambedkar presented a detailed draft constitution which was published for public discussion and comments; fourth, the draft constitution was discussed and amendments proposed; fifth, and lastly the constitution was adopted.

B.R Ambedhkar

B.R Rao

The designations of the states and union territories; the emoluments for high-level officials; forms of oaths; allocation of the number of seats in the Rajya Sabha. A review of the constitution needs at least two-thirds of the Lok Sabha and Rajya Sabha to pass it. The Indian constitution is one of the most frequently amended constitutions in the world. Infact the first amendment to it was passed after only a year of the adoption of the constitution and instituted numerous minor changes. Many more amendments followed, a rate of almost two amendments per year since 1950. Most of the constitution can be amended after a quorum of more than half of the members of each house in Parliament passes an amendment with a two-thirds majority vote.

Amended Constitution

Preamble of The Constitution

We,The people of India, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE,social,economic and political;LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity and to promote among them allFRATERNITY assuring the dignity of the individual and the unity and integrity of the NationIN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do hereby Adopt, Enact and give ourselves this Constitution.

The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, apply irrespective of race, place of birth, religion, caste , creed or gender. They are enforceable by the courts, subject to specific restrictions.

Fundamental rights

Following are the 6 fundamental rights1. Right to Equality2. Right to Freedom3. Right Against Exploitation4. Right to freedom of Religion5. Cultural and Educational Rights6. Right to Constitutional Remedies

1.Right to Equality•Article 14 :- Equality before law and equal protection of law•Article 15 :- Prohibition of discrimination on grounds only of religion, race, caste, sex or place of birth.•Article 16 :- Equality of opportunity in matters of public employment•Article 17 :- End of untouchability Article 18 :- Abolition of titles, Military and academic distinctions are, however, exempted 2.Right to Freedom

•Article 19 :- It guarantees the citizens of India the following six fundamentals freedoms:-

1.Freedom of Speech and Expression 2.Freedom of Assembly 3.Freedom of form Associations 4.Freedom of Movement 5.Freedom of Residence and Settlement 6.Freedom of Profession, Occupation, Trade and Business

•Article 20 :- Protection in respect of conviction for offences •Article 21 :- Protection of life and personal liberty Article 22 :- Protection against arrest and detention in certain cases

3.Right against Exploitation•Article 23 :- Traffic in human beings prohibited Article 24 :- No child below the age of 14 can be employed 4.Right to freedom of Religion•Article 25 :- Freedom of conscience and free profession, practice and propagation of religion •Article 26 :- Freedom to manage religious affairs •Article 27 :- Prohibits taxes on religious grounds Article 28 :- Freedom as to attendance at religious ceremonies in certain educational institutions 5.Cultural & Educational Rights•Article 29 :- Protection of interests of minorities •Article 30 :- Right of minorities to establish and administer educational institutions Article 31 :- Omitted by the 44th Amendment Act 6.Right to constitutional Remedies•Article 32 :- The right to move the Supreme Court in case of their violation (called Soul and heart of the Constitution by BR Ambedkar) •Forms of Writ check Habeas Corpus :- Equality before law and equal protection of law

Directive principles of state policy

Directive principles of state policy are guidelines for the framing of laws by the government. These provisions, set out in Part IV of the Constitution, are not enforceable by the courts, but the principles on which they are based are fundamental guidelines for governance that the State is expected to apply in framing and passing laws.

The Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. These duties, set out in Part IV–A of the Constitution, concern individuals and the nation. Like the Directive Principles, they are not legally enforceable

FUNDAMENTAL DUTIES

The Constituent Assembly which had been elected for undivided India and held its first sitting on 9th Dec.1946, re-assembled on the 14th August 1947, as The Sovereign Constituent Assembly for the dominion of India. In regard to its composition the members were elected by indirect election by the members of The Provisional Legislative Assemblies (lower house only).

Making Of The Constitution

According to the schemes recommended by the Cabinet the essentials of the Schemes were as follows: -

1. Each Province and each Indian State or group of States were allotted the total no. of eats proportional to their respective population roughly in the ratio of 1:1000000. As a result The Provinces were to elect 292 members while the Indian States were allotted a minimum of 93 seats. 2. The seats in each Province were distributed among the three main communities, Muslims, Sikh and general, in proportion to their respective populations. 3. Members of each community in the Provisional Legislative Assembly elected their own representatives by the method of proportional representations with single transferable vote. 4. The method of selection in the case of representatives of Indian States was to be determined by consultation.

Unfortunately as a result of a partition under the plan of June3, 1947.The territories, which fell under Pakistan and those members who were part of The Constituent Assembly, ceased to be members of the Constituent Assembly, which re-assembled on the 31st Oct.1947. The members of the house was reduced to 299 of these 284 was actually present on the 26th Nov. 1949 and appended their signature to the Constitution as finally passed.

The Union And Its Territories

Name and territory of the Union.•India, that is Bharat, shall be a Union of

States.•The States and the territories thereof shall

be as specified in the First Schedule.•The territory of India shall comprise—

•the territories of the States;•the Union territories specified in the First

Schedule; and •such other territories as may be acquired. Admission or establishment of new

States.Parliament may by law admit into the Union, or

establish, new States on such terms and conditions as it thinks fit.

2A. [Sikkim to be associated with the Union.] Rep. by the Constitution (Thirty- sixth

Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).

•Formation of new States and alteration of areas, boundaries or names of existing States. •Parliament may by law—

1.form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;2.increase the area of any State;3.diminish the area of any State;4.alter the boundaries of any State;5.alter the name of any State:

Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.

•Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters. —

1.Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.2.No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.