The making of the Constitution of India

The making of the Constitution of India is a significant chapter in the country's history, marked by meticulous planning, debates, and discussions. The process spanned over two years, and the Constituent Assembly played a pivotal role in shaping the document.

The making of the Constitution of India is a significant chapter in the country’s history, marked by meticulous planning, debates, and discussions. The process spanned over two years, and the Constituent Assembly played a pivotal role in shaping the document.

The making of the Constitution of India is a significant chapter in the country's history, marked by meticulous planning, debates, and discussions. The process spanned over two years, and the Constituent Assembly played a pivotal role in shaping the document.
The making of the Constitution of India | The process spanned over two years, and the Constituent Assembly played a pivotal role in shaping the document. Image credit to Canva.com

The making of the Constitution of India

Background

The demand for a Constituent Assembly was articulated in the Indian National Congress’s Lahore Session in 1929. The objective was to draft a constitution for India, independent of British rule.

Cabinet Mission Plan (1946)

The Cabinet Mission, comprising three members from Britain, proposed a plan in 1946. The plan suggested the formation of a Constituent Assembly based on the composition of provincial legislatures, with seats allocated to British India and the princely states.

Formation of the Constituent Assembly

The Constituent Assembly was formed on December 9, 1946, with members representing various provinces and princely states. Dr. Rajendra Prasad was elected as the President of the Constituent Assembly.

Objective Resolution (1946)

On December 13, 1946, Jawaharlal Nehru moved the ‘Objective Resolution,’ which outlined the principles and goals that the Constitution should embody. It declared India as a sovereign, socialist, secular, and democratic republic.

Drafting Committee

A drafting committee was appointed on August 29, 1947, under the chairmanship of Dr. B.R. Ambedkar. The committee played a crucial role in drafting the Constitution.

Debates and Discussions

The Constituent Assembly engaged in detailed debates on various aspects of the Constitution, including fundamental rights, directive principles, and the federal structure. Members put forth their opinions and concerns.

Adoption of the Constitution

The Constituent Assembly adopted the Constitution on January 26, 1950, which came into effect, marking India’s transition to a republic. The date is celebrated annually as Republic Day.

Features of the Constitution

The Indian Constitution is known for its length, comprehensiveness, and unique features. It guarantees fundamental rights, lays down the directive principles of state policy, and establishes a federal structure with a strong central government.

Amendments

The Constitution of India is a living document that can be amended. The process of amendment involves a two-thirds majority in both houses of Parliament or a special majority of the Constituent Assembly.

Legacy

The making of the Constitution is a testament to India’s commitment to democracy, rule of law, and social justice. Dr. B.R. Ambedkar is often hailed as the chief architect of the Constitution for his pivotal role in its drafting.

The Constitution of India is a dynamic document that has stood the test of time, providing a framework for governance and safeguarding the rights and liberties of its citizens.

Indian Independence Act 1947

indian-independence-act-1947

The Indian Independence Act of 1947 was a crucial piece of legislation that marked the end of British rule in India and paved the way for the country’s independence. The Act was passed by the British Parliament in July 1947 and received royal assent on July 18, 1947. It came into effect on August 15, 1947, coinciding with India’s Independence Day.

The Indian Independence Act of 1947 was a law passed by the United Kingdom’s Parliament that divided British India into two new independent dominions: India and Pakistan. The act was passed on July 18, 1947, and granted independence to the two countries on August 15, 1947.

Learn in detail about the Indian Independence Act 1947

Partition of British India

The Act called for the partition of British India into two separate and independent dominions – India and Pakistan. The decision to partition the country was largely driven by religious considerations, with the predominantly Hindu regions forming India and the predominantly Muslim regions becoming Pakistan.

Principles of Partition

The Act laid down the principles for determining the boundaries of the two dominions. It empowered the Boundary Commissions to demarcate the boundaries of the provinces of Punjab and Bengal based on the religious majority in the regions.

Transfer of Power to Dominions

The Act granted full legislative authority, autonomy, and governance to the newly created dominions of India and Pakistan. It transferred power from the British Crown to the respective governments of the two dominions.

Governors-General and Constituent Assemblies

The Act provided for the establishment of separate Constituent Assemblies for India and Pakistan, which were tasked with drafting their respective constitutions. It also specified the powers of the Governors-General for the interim period until the new constitutions were adopted.

Partition of Bengal and Punjab

The Act outlined the partition of the provinces of Bengal and Punjab, taking into account the religious demographics of the regions. The details of the boundary demarcation were to be determined by the Boundary Commissions.

Suzerainty

The Act ended British suzerainty over the princely states, allowing them to accede to either India or Pakistan or remain independent. The Instrument of Accession provided the legal mechanism for princely states to join one of the dominions.

Abrogation of Treaties

The Act declared that any treaties or agreements between the princely states and the British Crown would lapse with the end of British suzerainty.

Division of Assets and Liabilities

The Act outlined the financial and administrative arrangements for the division of assets, liabilities, and other matters between India and Pakistan.

The Indian Independence Act of 1947 played a crucial role in shaping the course of South Asian history. While it granted independence to India and Pakistan, it also led to the mass migration of populations across the newly drawn borders, resulting in widespread communal violence and displacement. You may also like to read act 1935.

Features of government of india act 1935

The features of government of India Act 1935 was a significant piece of legislation that laid the foundation for the constitutional framework of British India. It was a major step towards granting self-government to British India and represented an attempt to address the demands for constitutional reforms.

Here are some key features and details of the Government of India Act 1935

Bifurcation of British India

  • The Act proposed the division of British India into two separate entities – the Dominion of India and the Dominion of Pakistan. However, the actual partition took place in 1947, leading to the creation of India and Pakistan.

Provincial Autonomy

  • The Act introduced the concept of provincial autonomy, granting increased powers to the provinces. Each province was given its own legislative assembly and executive council with the authority to make laws on certain subjects.

Federal Structure

  • The Act established a federal structure for British India, comprising the Dominion of India and the Dominion of Pakistan. Each dominion had its own federal government, and certain powers were divided between the central and provincial governments.

Federal Legislature

  • The federal legislature was bicameral, consisting of two houses – the Council of States (an upper house) and the Federal Assembly (a lower house). Members of the Council of States were not directly elected but were nominated.

Governor-General and Viceroy

  • The Act retained the position of the Governor-General, who also held the title of Viceroy. The Viceroy was appointed by the British monarch and was responsible for overseeing the administration of British India.

Emergency Provisions

  • The Act provided for emergency provisions, allowing the Viceroy to assume extraordinary powers during times of emergency. The central government could also assume control over the provinces in certain circumstances.

Separate Electorates

  • The Act continued the system of separate electorates for Muslims, Sikhs, Christians, and other minority communities. This provision was intended to protect the political interests of various religious groups.

Abolition of Diarchy

  • The Act abolished the diarchy introduced by the Government of India Act, 1919, which had divided the powers of the government into transferred and reserved subjects. The provinces now had more autonomy in legislative and executive matters.

Franchise and Representation

  • The Act expanded the franchise, increasing the number of eligible voters. However, it also introduced communal representation based on religion, which further entrenched communalism in Indian politics.

Postponement of Full Dominion Status

The Act did not grant full dominion status to India, and certain provisions were scheduled to come into effect only when the future Constituent Assembly of India would decide.

It’s important to note that the Government of India Act, 1935, never came into full operation in its intended form because of the outbreak of World War II. Instead, the British government implemented certain provisions of the Act through ordinances. After the war, the political landscape had changed, and India eventually gained independence in 1947. The Indian Independence Act, 1947, replaced the Government of India Act, 1935, and led to the creation of the Republic of India and the Islamic Republic of Pakistan. You may also like environmental act 1986