FOUNDING FETTERS OF THE CONSTITUTION

Why an all encompassing Constitution for a free India was an arduous

task?

1 . The Partition Of INDIA - , the partition of the country and the

subsequent mayhem in Punjab and Bengal led to a shocking state of
nervousness among the leaders who immediately set on to devise ways
and means to instill in the people the confidence in the governability of
the country

2. ThE CARVING OUT OF Pakistan didn’t create a homogenous state.

More than 10 percent of the Muslim population stayed in India.

In the face of such a diverse cultural base of the people, it was really a
stupendous task to provide for suffi cient constitutional provisions to
protect the distinct religious-cultural identities of the citizens, without
compromising the unity and integrity of the country.

3. Expectations of the common public – the marginalized sections

The tone and tenor of the national movement had aroused a high level
of expectation among the common people in general and the hitherto
marginalized sections of the society, like the Scheduled Castes,
Scheduled Tribes, and the other backward people in particular, to
experience a new dawn with the inauguration of the Constitution of
independent India.

4. The spirit of liberal democratic traditions were so strong among the

majority of national leaders, particularly Nehru, that independent India
was bound to usher in a full blown democracy, irrespective of its
preparedness to experience the mass scale of democracy based on
universal adult franchise on the one hand, and the lurking dangers to
the unity and integrity of the nascent nation from the dynamics of
electoral politics on the other.

-Act of 1935

The Objective RESOLUTION

Basic nature of the State

written constitution, federal structure of the polity, republic form of

state, parliamentary democracy, membership of the Commonwealth of
Nations, secular nature of state, and welfare character of the state