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Polity 2

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19 views

Polity 2

Uploaded by

Akshay Jadhav
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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INDIAN

CONSTITUTION
An introduction

By amit Varidhi
kilhor
BUT
• 1934- idea of a Constituent Assembly for India was put forward for
Making Of INDIAN the first time by M.N. Roy, a pioneer of communist movement in
India.
CONSTITUTION •  1935- the Indian National Congress (INC), for the first time,
officially demanded a Constituent Assembly to frame the
Constitution of India
•  1938- Nehru declared constitution must be framed, without
outside interference, by a Constituent Assembly elected on the
basis of adult franchise
•  1940- August Offer; demand for constitution accepted
•  1942- Sir Stafford Cripps, a Member of the Cabinet, came to India
with a draft proposal of the British Government on the framing of
an independent Constitution to be adopted after the World War II
( Proposal rejected by Muslim league)
•  1946-Constituent Assembly was constituted in November 1946
under the scheme formulated by the Cabinet Mission Plan
•  Constituent Assembly was to be a partly elected and partly
nominated body. Moreover, the members were to be indirectly
elected by the members of the provincial assemblies, who
themselves were elected on a limited franchise.
• Assembly comprised representatives of all sections of
the Indian society– Hindus, Muslims, Sikhs, Parsis,
Anglo-Indians, Indian Christians, SCs, STs including
women of all these sections
•  9 dec,1946 – 1 st meeting of assembly; Muslim League
boycotted the meeting; Schindra Sinha made temporary
president(French practice)
•  11 Dec, 1946- Rajendra Prasad was elected as the
President of the Assembly.
•  13 Dec, 1946- Jawaharlal Nehru moved the historic
‘Objectives Resolution’ (philosophy of constitution
structure) in the Assembly
•  3 June, 1947- Mountbatten Plan
• Indian Independence Act of 1947-Assembly was made a fully sovereign body;
• Assembly also became a legislative body; the Assembly became the first
Parliament of free India (Dominion Legislature)
•  Whenever the Assembly met as the Constituent body it was chaired by Dr.
Rajendra Prasad and when it met as the legislative body, it was chaired by
G.V. Mavlankar.
• These two functions continued till November 26, 1949
•  Constituent Assembly also performed the following functions:
• 1. It ratified the India’s membership of the Commonwealth in May 1949. 2. It
adopted the national flag on July 22, 1947.
• 3. It adopted the national anthem on January 24, 1950.
• 4. It adopted the national song on January 24, 1950.
• 5. It elected Dr. Rajendra Prasad as the first President of India on January 24,
1950
• The Constitution as adopted on November 26, 1949,
contained a Preamble, 22 PARTS, 395 Articles and 8
Schedules.
• The Preamble was enacted after the entire Constitution
was already enacted
•  Some provisions of the Constitution pertaining to
citizenship, elections, provisional parliament, temporary
and transitional provisions, and short title contained in
Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391,
392 and 393 came into force on November 26, 1949, itself
•  MAJOR COMMITEES
• Drafting committee- BR ambedkar
• Steering Committee- Rajendra Prasad
• Union Powers Committee - Jawaharlal Nehru
• Union Constitution Committee -Jawaharlal Nehru
• Provincial Constitution Committee -Sardar Patel
Drafting Committee
 Drafting Committee set up on August 29, 1947
→ It consisted of seven members.

→They were: 1. Dr. B.R. Ambedkar (Chairman)

→2. N. Gopalaswamy Ayyangar

→3. Alladi Krishnaswamy Ayyar

→4. Dr. K.M. Munshi 5. Syed Mohammad


Saadullah

→6. N. Madhava Rau (He replaced B.L. Mitter who


resigned due to ill-health)

→7. T.T. Krishnamachari (He replaced D.P. Khaitan


who died in 1948)
Preamble Of Constitution

→ American Constitution was the first to begin with a Preamble

→  Preamble to the Indian Constitution is based on the ‘Objectives Resolution’,


drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly

→ Preamble reflects mind of constitution makers .

→ It has been amended by the 42nd Constitutional Amendment Act (1976), which
added three new words–Socialist, Secular and Integrity
→ Preamble
reflects mind of
constitution
makers .
→KEY WORDS IN THE PREAMBLE

→1. Sovereign ‘sovereign’ implies that India is neither a


dependency nor a dominion of any other nation, but an
independent state- free to conduct its own affairs (both
internal and external)

→2. Socialist  Congress party itself adopted resolution to


establish a ‘socialistic pattern of society’ in its Avadi session

→Indian brand of socialism is a ‘democratic socialism’ and not


a ‘communistic socialism’ (also known as ‘state socialism’) 
Democratic socialism- holds faith in a ‘mixed economy’ where
both public and private sectors co-exist side by side \

→ Indian socialism is a blend of Marxism and Gandhism,


leaning heavily towards the Gandhian socialism.
• 3. Secular  added by the 42nd Constitutional
Amendment Act of 1976  positive concept of
secularism i.e, all religions in our country (irrespective
of their strength) have the same status and support
from the state
• 4. Democratic  doctrine of popular sovereignty, that
is, possession of supreme power by the people
• Republic  the head of the state is always elected
directly or indirectly for a fixed period, e.g., USA 
India has an elected head called the president. He is
elected indirectly for a fixed period of five years
•  A republic also means two more things: vesting of
political sovereignty in the people and not in king;
second, the absence of any privileged class and hence
all public offices being opened to every citizen
without any discrimination
• 6. Justice The ideal of justice–social, economic and political–
has been taken from the Russian Revolution

• 7. Liberty ‘liberty’ means the absence of restraints on the


activities of individuals, and at the same time, providing
opportunities for the development of individual personalities
(UPSC 2019) The Preamble secures to all citizens of India
liberty of thought, expression, belief, faith and worship

• 8. Equality absence of special privileges to any section of the


society, and the provision of adequate opportunities for all
individuals without any discrimination
• 9. Fraternity Sense of brotherhood- to assure two things–
the dignity of the individual and the unity and integrity of
the nation word ‘integrity’ has been added to the preamble
by the 42nd Constitutional Amendment
• PREAMBLE AS PART OF THE CONSTITUTION
• Berubari Union case (1960) Supreme Court specifically opined that
Preamble is not a part of the Constitution
• Kesavananda Bharati case (1973) held that Preamble is a part of
the Constitution LIC of India case (1995) the Supreme Court again
held that the Preamble is an integral part of the Constitution
• STATUS OF PREAMBLE  Like any other part of the Constitution,
the Preamble was also enacted by the Constituent Assembly; but,
after the rest of the Constitution was already
enacted(INDEPENDENT)
•  The Preamble is neither a source of power to legislature nor a
prohibition upon the powers of legislature
•  It is non-justiciable, that is, its provisions are not enforceable in
courts of law
• AMENABILITY OF THE PREAMBLE
•  Preamble can be amended, subject to the
condition that no amendment is done to the
‘basic features’- the fundamental features of
the Constitution as contained in the
• Preamble cannot be altered by an
amendment under Article 368
•  Preamble has been amended only once so
far, in 1976, by the 42nd Constitutional
Amendment Act, which has added three new
words–Socialist, Secular and Integrity–to the
Preamble

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