Roll no - SS1
Name - Shubham d lakhe
1 History of constitution
Wo Aas, the Al Parties Conference convened a committee in Lucknow to erepare the
Constitution of india, which was known as the Nehru Report.
Host of India was under direct British cule fon #853 fo 48, Upon independence it
became deer Sn new constitution was need to be created, But for that the at of
india needed to be bough into the Union, This meant the the Princely States needed
to be convinced to become 8 part of the Indian union. Either by force or diplomacy,
Sardar valathai Patel and v.? Menon did this unenviabe tack. Unti this happened edia
Was stil gay 3 dominion under the British, responsive for external security
Thus, the constitution of india cepeaied the Indian independence Act 447 and
Government of dis Act ASS when it became effective on 2s January 1150, India
ceased to be 8 dominion of the British Crown and became 3 sovereign democratic
republic with the constitution,
Historical Evolution of the indian Constitution
There are various layers in the background of the Indian Constitution
Regulating Act 4938
Pits India Act 84
Charter Act of 4843
Charter Act of 4833
Charter Act of #53
Government of india Act 658
Indian Councis Act 4864
india Councils Act #812
Honey Hinto Reforms 0%Montaque-Chelmsford Reforms U4
Government of india Act A135
Indian independence Act ur
These acts were in some. way Instrumental for the development of the Indian
Constitution.
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History of indian Consiitulion - Reguidting Act 498
First fie the British Pariament resorted to requiating the affairs of the East india
Company,
The Govemor of Bengal wae mnade the Govemar-general of Bengal Cwarren Hastings).
An Executive Council of the Governor-General was created with 4 members,
Centraised the administration with the Presidencies of Madras and Bombay being
made suberdinate to the Bengal Presidency.
Supreme Court was established et Cacutta es the Apex Court in 477%
Prohibited company officials from engaging in erate trade and Rom eccepting gts
from indians.
Read more about Regusting Act 1733 8s Sn important act in the History of the Indisn
Constitution, at the linked article,
History of Indian Constitution - Pitt's india Act 4384
Commercial and poitical functions of the company separated, The Court of Directors
managed the commercial activities while the Board of Control managed political affairs.
The company territories in india were caled “Briish possession in india
Governor's Councils were set Up in Hadras ond Bombay 2s well
History of Indian Constitution - Government of India Act 4185
An alkindia Federation was groposed which woud consist of British india and the
princely states. This never materiised though.
Subjects were divided between the centre and the erovinces. Centre was in charge ofthe Federal Uist, erovinees in charge of the Provincial List and there was 3 Concurrent
List ubich both catered to.
Dierchy was abolished at #he provincial level and introduced at the centre,
Hore autonomy nas accorded to the provinces and in 6 cut of H provinces, *he
bicameral legislature ws introduced,
A &edecal court was established and the Indian Council abolished.
Burma and Aden were severed off from india.
This act provided for the establishment of the RBw.
This Act continued until it was replaced by the new Indian Constitution,
Read more about the Government of india Act 4135 in the linked article,
History of Indian Constitution - Indian independence Act #47
india wae declared independent and sovereign.
The viceroy and the Governors were made constitutional (nominal) heads.
Set up responsible governments at the centre and the erovinces.
Assigned both legislative and executive powers to the Constituent Aasembly of India,
Reed more about the indian independence Act A4F in the linked article,
Conclusion
The topi, Historica Background of indian Constitution) or History of indian
Constitution’ is important from the perspectie of both history and polity subjects
asked in the AS Exam, Hence, aspirants should be walrversed with the historical and
polifical evolution of the indian Constitution,2D Framing the. Indian Constitution
The drat of the constitution was prepared by Berga! Nerasinnha Rao, The
Constituent Assembly had two functions, one was to ect as the Constituent Assembly
and one to function as the Parliament. Constituent Assemiblu - in 1222, Mahatma
Gandhi proposed for the Constituent Assembly,
tn August 440, 2 proposal was made by the British caled August Proposal under
which the British also accested that there should b2 @ constitution for Indians too but
it was not accepted, Cripps Proposer it was accepted by Stechen Cripps that There
should be 8 constitution but it was not accepted by the Indians, Gandhiji cated this
proposal 2 bankrugt bank check.
A€ier the Second word war, when Atiee's government was formed in Engand, three
ministers of the government were sent to India, which is caled the Cabinet Mission,
and the Constituent Assembly of India was constituted under thia cabinet mission.
President of the Cabinet Hission- Sir Pathik Lorence Hember- Steford Crips end
Aw. Alexander,
The Constituent Assembly should have 38 mernbers, which were also elected and
nominated, From the places where the British had the direct cue in indigie 292 places
and the four commissioned provinces of Delhi, Ajpner, Herwara, Kurg Ckarnataka), and
Bacchistan (Pakistan) combined with 296 members and % merrbere from where the
princely states (wed was nominated when the Cabinet Mission came to india, the
population of india was Yo crores. (Meaning where the British had a direct rule - 22+
Commissioned Provinces 4 = 296 and where there was ue through native erincely
states “13 nominated, 216 + %3 = se)
The first meeting of the Constituent Assembly was held on #h December Aus, The
meeting was, chaired by De Sachchidananda Sinha. He was the first Speaker of the
Constituent Assembly and the reason for presiding over tt was that he was the
eldest member,The fist meeting of the Constituent Assembly was boycotted by Muslim League.
when the Muslin League boycotted the first meeting of the Constituent Assembly
former Prime Minister of Engand winston Churchill said thet the meeting of the,
Constituent Assembly is ke 2 marriage whose bride is missing.
oF members attended this meeting,
There were Y women at this meeting, According to the Cabinet Mission, there should
have been 38 members at the Constituent Assembly meeting but only Jo# were
present as boycotted by the Muslim League. #3 members of the Muslin League were,
not present, Ti December 746, the native princely states could not clear end decide
their Gosition So they coud not send their representatives to the Constituent
Assembly on 1 December, Dr. Rajendra Prasad was made the permanent Speaker
of the Constituent Assembly,
on December 4, Pandit Jawsherial Nehru proposed, The basis of the Preamble of
the indian Constitution is the objective Proposal. In this objective Proposa, the
objectives of the Constitution, nature, the objectives for which the government wil work,
etc, were mentioned.
This objective resolition ues not accepted as the Muslin League Was not present
The objective motion was not Sccepted in the frst session of the Constituent
Assembly The objective resolution was passed by the Constituent Assembly on Ja
January Aus which was accepted as the basis of the preamble of the present
Constitution made.
B. &. Rao was also 4 constitutional Advisor, he was not & member of the Constituent
Assembly Be, Ree contributed significanity to the constitution of Burma, Bn Rao
was the first qeoge on behalf of india in the international Court of Justice.
A drat cormmitt22 was formed to consider the draft of the constitution, the other
NAME was the Pandu Lriting Committee, It was hedded by Dr. Bhimrdo Ambedkar
and had 6 members and they areGopaleswami Iyengar
Aiiadi Krishnaswenry lyengar
Moharemad Saadulish CMuslira Leaguer
Karhaiyalal Manial Munshi CSoke Congress Member)
T. Krishnamachari who became a member of BP, Khaitans death
Madhavrao.
The dratt indian Constitution was drafted by this drafting committee. There were 3
total of 42 sessions of the Constituent Assembly The first meeting of the Constituent
Assembly had 4 women but the entire Constituent Assembly had 4 total of 45 women.
Begum Ayyse Rasool was the only Muslin Fema member, The constitution came. into
force partially on 26 Novernber AMA, On this day, 46 Articles of the Constitution carne
into Force, 46 Articles inctuding Arties S6RE A460, 366 36, Sto, aH came into force.
According to the Lahore session of the Congress, the first independence Day was
proposed to be celebrated on 26 January so uhen Independence Day began to be
celebrated on 45 August, 26 danuary wes fixed for Republic Day, Even after the
constitution was enacted and adogted, on 36 November, the constitution was partially
implemented and not imeemented,
The last meeting of the Constituent Assembly uss held on 24 January #0, 284
members signed the constitution, Pandit Jawaharlal Nehru was the first person to
sign the Indien Constitution and Dr. Rajendra Prasad was the last person to sign the
Constitution.
usrat Muhani was 8 member of the Musiinn League who was diso 8 member of the
Constituent Assembly but did not sign. The President of the Constituent Assemishy
was Dr, Raendra Prasad Sd when the Constituent Assembly functioned as the,
Pariament, it was presided over by Ganesh vasuder Navalankar w3s,
On a4 January ASO, the Constituent Assembly eected Dr, Rajendra Prasad as.
‘President, then it was acting as 8 Pariament, not 2s the Constituent Assembly, The
term ekcted was used because the Constituent Assemby had taken out an orderthat the form of becoming president was filed, hence the ter election was used.
winston Churchill c3Ied the Constituent Assembly 6 caste institution.
\t ig notable that Dr, Aribedkar contests from Mumbai to become a member of the,
Constituent Assernbhy but loses. After this, with the hele of Dr. Armbedkar Muslim
Leaque, Jasur Kula contests from Bengal and wins,
But in the partition process after independence, this place is lost due to the move of
East Pakistan to Bandadesh as a result, Dr, Ambedkar is no longer @ member of the
Constituent Assembly.
Aer this, Bo Rao, the Constitutional Advisor of the Constituent Assembly tes De.
Rapndra Prasad that Dr. Ambedkar is an important eerson for the creation of the
Constituent Assembly So Dr, Rajendrs ‘Prasad, then Prime Minister of Mumbai, BG.
wrote & eter to Kher to vacate the place for Dr. Ambedkar fora Humbai,
consequentiy, HR Jayatar resigned and Dr. Bhimrao Ambedkar became a member of
the Constitvent Assembly
\n the last meeting of the Constituent Asseriohy Dr. Rajendra Prasad said that if 1
have done ony good work as the President of the Constituent Assembly then on 2
August 448, he constituted the Dratting Cormmitize under the chairmanship of Dr.
Arivedkar.
Ky Reo Said that Dr, Ambedkar is not only the father of the indian Constitution but
also the mother.
The indian Constitution is the longest uitien constitution compared fo any sovereign
country in the world, The orkjinal constitution had & schedues, 885 artices, and 22
parts.3) Preamble of constitution
The preamble is based on the objectives Resoltion which was drafted snd moved in
the Constituent Assembly by Jaudharial Nehru on 43 December 146 accepted on 22
Nenuary uz and adopted by the Constituent Asseriohy on 26 November AMA, coming
into Force on 26 January ASo. B. R Ambedkar said about the ereambie:
it was, indeed, & way of Ife, which recognizes fkerty equality and Fatemity as the
principes of IR and uhich cannot be divorced from each other Uberty cannet be
divorced from equality equality cannot be divorced from liberty. Nor can liberty end
equality be divorced from fratemity. Without equality ikerty woud produce the
supremacy of the few over the many Equality without liberty would Kill individual
initiative, without Fratemity llkerty and equality could not become 2 natural course of
things.
whie the Constituent Asseribhy was, debating the Preamise, there was an aqgument to
rename india the ‘Union of indian Sociaistic Republics’ es if indie was to imitate the
USSR. However, other merbers were not convinced.
There was even argument as to whether to include the names of ‘God! and ‘gandhi’ in
the Preamble, The former was outoted when 68 members voted against ‘God. H.v.
Kamath desperately cormented, This, Sir, is 3 black day in our annals, God Save
india’, while the latter - the suggestion to incude gandhi's name, was disapproved by
Brajeshwar Prasad who felt thet the rotten constitution which was based on the
American Supreme Court cases and Government of india Act and thus not ‘aandhian’
in nature, should not carry his name. Prasad said,
\ do not want that the name of Mahatma Gandhi should be incorporated in this
Constitution, because it is not & Gandhian Constitution... F we had a Gandhian
Constitution, | would have been the First to offer my support | do not want shat the
name of Mahatma Gandhi should be ragged in the rotten Constitution.The preamibe page, along with other gages of the original Constitution of india, was
designed and decorated by the renowned painter Bechar Rammanchar Sinha of
Uabaipur whe was ot Shantiniketon with Acharys Randals! Bose ot that time, wandatal
Bose endorsed Sinha’s artwork without any atteration whatsoever, As such, the Page
bears Sicha's short signature Ram in Devanagari lower-rignt comer, The. caligdehy
was done by Prem Behari Narain Ralzada.