Constitutional Development & Indian Constitution

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<<–2/”>a >h2>Making of The Constitution

  • 1934: Idea of constituent assembly put forward by M N Roy
  • 1935: INC officially demands constituent assembly
  • 1938: JL Nehru’s declaration on the constitution of India
  • 1940: Nehru’s demand accepted in the form of August Offer
  • August Offer
    • PM: Winston Churchill
    • While rejecting INCs demand for independence of India after the war on the ground that INC is not representative of the minorities, three offers were made
    • Expansion of Viceroy’s executive council with the inclusion of Indian representatives
    • An advisory body with the members from British India and Indian princely states which were supposed to meet at consequent intervals was established
    • Two practical steps were decided to be taken in which it was to come at an agreement with the Indians on the form which the post representatives body should take and the methods by which it should come to a conclusion.
    • It further planned to draw out the principles and outlines of the Constitution itself
    • Congress rejected the offer
  • 1942: Cripps Mission
    • PM: Winston Churchill Sec of State: Leo Amery                                Viceroy: Linlithgow
    • On the framing of an independent constitution to be adopted after the WW II
    • Cripps proposals rejected by the ML which wanted India to be divided into two autonomous states
  • 1946: Cabinet Mission
    • PM: Clement Attlee Viceroy: Lord Wavell
    • Members: Pethick Lawrence (sec of state for India), Stafford Cripps, A V Alexander
    • Simla Conference
    • May 16 plan
      • United dominion of india would be given independence
      • Muslim majority and Hindu majority provinces to be grouped
      • Central government to run foreign affairs, defence and communications while rest of the responsibility would belong to the provinces, coordinated by the two groups
    • Interim cabinet was formed. ML joined the cabinet but decided to boycott the constituent assembly
  • 1946, Nov: Constituent Assembly formed under the Cabinet Mission Plan
  • First meeting of CA on December 9, 1946. Sacchidanada Sinha was elected the temporary Presidetn
  • Dec 11, 1946: Rajendra Prasad and H C Mukharjee elected as the President and VP of the assembly respectively.
  • BN Rao was the constitutional advisor to the assembly
  • Dec 13, 1946: Objectives Resolution moved by JL Nehru
  • Jan 22, 1947: Objectives resolution adopted
  • June 3, 1947: Mountbatten plan. Partition of the country announced.
  • Jan 24, 1950: Final session of the CA. It however continued as a provisional body from Jan 26, 1950 till the formation of the new Parliament after the first general Elections in 1951-52

Major Committees of CA

CommitteeChairman
Union Powers CommitteeJL Nehru
Union Constitution CommitteeJL Nehru
Committee for Negotiating with StatesJL Nehru
Steering CommitteeRajendra Prasad
Rules of Procedure CommitteeRajendra Prasad
Provincial Constitution CommitteeSardar Patel
Committee on Fundamental Rights and  Minorities.

Two sub committees ( FR , Minorities)

Sardar Patel

(J B Kriplani, H C Mukharjee)

Drafting CommitteeB R Ambedkar
  • Drafting Committee was setup on Aug 29, 1947. It had seven members
    • B R Ambedkar
    • Alladi Krisnaswamy Ayyer
    • N Gopalaswamy Ayyangar
    • K M Munshi
    • TT Krishnamchari
    • N Madhava Rau
    • Syed Mohammad Saadullah
  • Nov 26, 1949: Constitution was adopted
  • The Preamble was enacted after the entire Constitution was already enacted

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The Constitution of India is the supreme law of India. It was adopted on 26 November 1949, by the Constituent Assembly of India, and came into effect on 26 January 1950. The Constitution provides for a parliamentary System of Government, with a President as the head of state and a Prime Minister as the head of government. The Constitution also guarantees certain fundamental rights to all citizens, including the right to Equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.

The Preamble to the Constitution states that India is a sovereign, socialist, secular, democratic republic. The Preamble also states that India is committed to Justice, Liberty, equality, and Fraternity.

The Fundamental Rights are the basic rights that are guaranteed to all citizens of India. These rights are enshrined in Part III of the Constitution. The Fundamental Rights include the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.

The Directive Principles of State Policy are the principles that the State should follow in making laws and policies. These principles are enshrined in Part IV of the Constitution. The Directive Principles include the principles of justice, liberty, equality, fraternity, and the promotion of welfare of the people.

The Fundamental Duties are the duties that are imposed on all citizens of India. These duties are enshrined in Part IVA of the Constitution. The Fundamental Duties include the duty to abide by the Constitution and the laws of the country, the duty to respect the National Flag and the National Anthem, the duty to protect and improve the natural Environment, and the duty to promote harmony and the spirit of common brotherhood among all the people of India.

Citizenship-2/”>Citizenship is the status of being a citizen of a country. The Constitution of India provides for two types of citizenship: Indian citizenship and Overseas Citizen of India (OCI) citizenship. Indian citizenship is granted to all persons who are born in India or who are naturalized as Indian citizens. OCI citizenship is granted to persons who are born to Indian parents or who have been naturalized as Indian citizens and who have renounced their Indian citizenship.

The Union Government is the central government of India. It is headed by the President, who is the head of state. The Prime Minister is the head of government. The Union Government is responsible for matters that are common to all the states of India, such as defence, foreign affairs, and currency.

The State Government is the government of a state in India. It is headed by the Governor, who is appointed by the President. The Chief Minister is the head of government. The State Government is responsible for matters that are not common to all the states of India, such as law and order, Education, and Health.

The Judiciary is the system of courts in India. The Supreme Court is the highest court in India. The High Courts are the highest courts in the states of India. The Subordinate Courts are the lower courts in India. The Judiciary is responsible for interpreting the Constitution and for deciding cases.

The Election Commission is an independent body that is responsible for conducting elections in India. The Finance Commission is an independent body that is responsible for recommending the distribution of financial Resources between the Union Government and the state governments. The Planning Commission is an independent body that is responsible for planning the Economic Development of India. The Public Service Commission is an independent body that is responsible for conducting examinations for recruitment to the civil Services of India.

The Scheduled Castes and Scheduled Tribes Commission is an independent body that is responsible for protecting the interests of the Scheduled Castes and the Scheduled Tribes. The Minorities Commission is an independent body that is responsible for protecting the interests of the minorities. The National Commission for Women is an independent body that is responsible for protecting the interests of women. The National Commission for Human Rights is an independent body that is responsible for protecting the human rights of all persons in India. The National Commission for Protection of Child Rights is an independent body that is responsible for protecting the rights of children in India. The National Commission for Social Justice and Empowerment is an independent body that is responsible for promoting social justice and empowerment of all sections of Society. The National commission for Backward classes is an independent body that is responsible for protecting the interests of the Backward Classes.

The Constitution of India is a living document that has been amended several times since it was adopted in 1949. The amendments have been made to reflect the changing needs of the country and to address the challenges that India has faced. The Constitution of India is a remarkable document that has helped to make India a vibrant Democracy.

Here are some frequently asked questions and short answers about constitutional development and the Indian Constitution:

  1. What is a constitution?
    A constitution is a set of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed.

  2. What are the different types of constitutions?
    There are two main types of constitutions: written and unwritten. Written constitutions are set out in a single document, while unwritten constitutions are not codified in a single document but are instead found in a variety of sources, such as statutes, court decisions, and conventions.

  3. What are the main features of the Indian Constitution?
    The Indian Constitution is a Written Constitution that is divided into 25 parts and 448 articles. It is the longest written constitution in the world. The main features of the Indian Constitution include its federal structure, its secular nature, its commitment to social justice, and its provision for fundamental rights.

  4. What is the Preamble to the Indian Constitution?
    The Preamble to the Indian Constitution is a brief introductory statement that sets out the aims and objectives of the Constitution. It states that India is a sovereign, socialist, secular, democratic republic and that it is committed to justice, liberty, equality, and fraternity.

  5. What are the fundamental rights guaranteed by the Indian Constitution?
    The fundamental rights guaranteed by the Indian Constitution are the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.

  6. What are the directive principles of state policy?
    The directive principles of state policy are a set of principles that are intended to guide the government in its policymaking. They are not enforceable in court, but they are nevertheless considered to be fundamental in the governance of the country.

  7. What is the role of the judiciary in the Indian Constitution?
    The judiciary is the branch of government that is responsible for interpreting the Constitution and ensuring that the laws of the country are in accordance with it. The Supreme Court of India is the highest court in the country and has the power to strike down laws that it finds to be unconstitutional.

  8. What are the challenges facing the Indian Constitution?
    The Indian Constitution has faced a number of challenges since it was adopted in 1950. These challenges include Communalism, casteism, Corruption, and POVERTY. However, the Constitution has also been a source of strength for the country and has helped to promote unity and stability.

  9. What is the future of the Indian Constitution?
    The future of the Indian Constitution is uncertain. The country is facing a number of challenges, including economic inequality, Climate change, and terrorism. However, the Constitution has a strong track record of adapting to changing circumstances and it is likely to continue to be a source of strength for the country for many years to come.

Sure, here are some MCQs on the topics of Constitutional Development and Indian Constitution:

  1. The first written constitution in the world was adopted by which country?
    (A) United States of America
    (B) France
    (C) India
    (D) Germany

  2. The Indian Constitution was adopted on which date?
    (A) January 26, 1950
    (B) August 15, 1947
    (C) November 26, 1949
    (D) December 16, 1948

  3. The Indian Constitution is based on which principles?
    (A) Secularism-2/”>Secularism, democracy, Socialism, and Federalism
    (B) Secularism, democracy, socialism, and unity in diversity
    (C) Secularism, democracy, equality, and justice
    (D) Secularism, democracy, equality, and unity in diversity

  4. The President of India is elected by which body?
    (A) The Parliament
    (B) The Electoral College
    (C) The Prime Minister
    (D) The Supreme Court

  5. The Prime Minister of India is appointed by which body?
    (A) The President
    (B) The Parliament
    (C) The Prime Minister
    (D) The Supreme Court

  6. The Supreme Court of India is the highest court in the country. It has how many judges?
    (A) 10
    (B) 11
    (C) 12
    (D) 13

  7. The Indian Parliament consists of which two houses?
    (A) The Lok Sabha and the Rajya Sabha
    (B) The Lok Sabha and the Vidhan Sabha
    (C) The Rajya Sabha and the Vidhan Sabha
    (D) The Lok Sabha and the Vidhan Parishad

  8. The Lok Sabha is the lower house of the Indian Parliament. It has how many members?
    (A) 543
    (B) 545
    (C) 552
    (D) 554

  9. The Rajya Sabha is the upper house of the Indian Parliament. It has how many members?
    (A) 245
    (B) 250
    (C) 255
    (D) 260

  10. The President of India can be removed from office by which process?
    (A) Impeachment
    (B) Resignation
    (C) Death
    (D) Retirement

  11. The Prime Minister of India can be removed from office by which process?
    (A) Impeachment
    (B) Resignation
    (C) No-Confidence Motion
    (D) Death

  12. The Supreme Court of India can declare a law passed by the Parliament as unconstitutional. This is known as which power of the Supreme Court?
    (A) Judicial Review
    (B) Judicial Activism
    (C) Judicial Restraint
    (D) Judicial supremacy

  13. The Indian Constitution guarantees certain fundamental rights to all citizens. These rights are not absolute and can be suspended in certain circumstances. This is known as which doctrine of the Indian Constitution?
    (A) Doctrine of basic structure
    (B) Doctrine of emergency powers
    (C) Doctrine of judicial review
    (D) Doctrine of Separation of Powers

  14. The Indian Constitution also guarantees certain directive principles of state policy. These principles are not enforceable in a court of law, but the government is expected to follow them while making laws and policies. This is known as which feature of the Indian Constitution?
    (A) Socialistic pattern of society
    (B) Secular state
    (C) Federalism
    (D) Directive principles of state policy

  15. The Indian Constitution is a living document and has been amended several times since it was adopted in 1950. The most recent amendment was the 104th Amendment, which was passed in 2019. This amendment introduced a number of changes, including the introduction of a new National Judicial Appointments Commission (NJAC) to appoint judges to the Supreme Court and the High Courts.

I hope these MCQs were helpful. Please let me know if you have any other questions.