4 - The Making Of The Constitution

The Making of the Constitution ➢

Demand for assembly

a

constitution 

framed

by

a

constituent

Mahatma Gandhi in 1922: “Swaraj will not be a free gift of the British Parliament; it will be a declaration of India’s full self expression. That it will be merely a courteous ratification of the declared wish of the people of India even as it was in the case of the Union of South Africa.” Pandit Jawaharlal Nehru - 1938 “The National Congress stands for independence and democratic state. It has proposed that the constitution of free India must be framed without outside interference, by a constituent assembly elected on the basis of adult franchise”

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Reiterated by working committee of Congress in 1939

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Demand for separate constitution resisted by British Government But World War II and Japanese plan to invade India The British Government sent Sir Stafford Cripps to India with proposals Proposals not accepted Muslim league wanted a separate state

Cripps Mission

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Cabinet Mission  

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Intensification of ‘Quit India’ movement Attempts to reconcile the two groups – Hindus and Muslims failed, i.e., Simla Conference British Government sent three of its members including Cripps Did not agree for separate state for Muslims but advocated Union of India

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Her Majesty’s Statement of 06/12/1946  Election of constituent Assembly  Muslim league joined election but returned  First meeting – Muslim league did not attend  But began function with nonmuslim members

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Her Majesty’s Statement of 20/02/1947  Muslim league asked for dissolution of constituent assembly as it was not fully representative in character  Wanted another constituent assembly

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‘Mountbatten Plan’   

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Lorn Mountbatten sent to India Partition elected 26/07/1947 – Governor General allowed setting up of separate Constituent Assembly for Pakistan

Indian Independence Act, 1947  Passed with amazing speed  Came into force from 18/07/1947  Appointed date 15/08/1947 ‘India’ would come into existence

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Two independent dominions – ‘India’ and ‘Pakistan’ with separate constituent assemblies

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Constituent Assembly of India  First sitting – 09/12/1946  Reassembled on 14/08/1947 on behalf of India  Representation from:  Provinces – 292  Indian states – 93  Both distributed among 3 main communities of Muslims, Sikhs and General  Various committees set up to study the situation:  Union Constitution Committee  Union Powers Committee  Committee on Fundamental Rights  Drafting Committee  29/08/1947  Chairmanship of Dr. B. R. Ambedkar  ‘Draft Constitution of India’ – published in February 1948  Next sitting – November 1948  Constitution completed – 17/10/1949

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Passing of Constitution 

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Next sitting – 14/11/1949 – reading finished - on 26/11/1949 – signature of President and declared passed

Date of Commencement of Constitution – 26/11/1950