BA-LLB
POLITICAL SCIENCE UNIT- 02
The idea of constituent assembly was first proposed by M.N Roy in 1934 however the actual constituent assembly was formed in 1946 on the basis of cabinet mission plan
The demand of constituent assembly was taken up by congress party in 1935 as an official demand
The British Accepted the demand in August 1940
Under the cabinet mission plan of 1946 elections were held for the formation of the constituent assembly
Members of the family were elected by indirectly elections that is by the members of the provincial assemblies by the method of a single transferable vote of proportional representation.
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2. The idea of constituent assembly was first proposed by M.N Roy in 1934
however the actual constituent assembly was formed in 1946 on the
basis of cabinet mission plan
The demand of constituent assembly was taken up by congress party in
1935 as an official demand
The British Accepted the demand in August 1940
Under the cabinet mission plan of 1946 elections were held for the
formation of the constituent assembly
Members of the family were elected by indirectly elections that is by the
members of the provincial assemblies by the method of a single
transferable vote of proportional representation
THE CONSTITUENT ASSEMBLY
3. COMPOSITION OF CONSTITUENT ASSEMBLY
Credits
Assembly was found for the purpose of writing Indian
constitution for independence India
INITIALLY THE NUMBER OF MEMBERS WAS 309 AND AFTER PARTITION SUM OF
MEMBERS WENT TO PAKISTAN AND NUMBER OF MEMBERS WERE 299 IN WHICH
299 BRITISH PROVINCES AND 70 FROM PRINCELY STATES
DR. SACHCHIDANANDA SINHA WAS THE FIRST TEMPORARY CHAIRMAN OF THE
CONSTITUENT ASSEMBLY LATEST DR RAJENDRA PRASAD WAS ELECTED AS THE
PRESIDENT AND ITS VOICE PRESIDENT WAS HARENDRA KUMAR MUKHERJEE AND BN RAO
WAS THE CONSTITUTIONAL ADVISOR
4. KEY FEATURES
ON 13 DECEMBER PANDIT NEHRU PROPOSE THE BASIS OF THE PREAMBLE
OF THE INDIAN CONSTITUTION
ASSEMBLY WAS FIRST MEET ON 9 DECEMBER 1946
THERE WAS NO ROLE OF MUSLIM LEAGUE IN CONSTITUENT ASSEMBLY AS
THE BOYCOTTED IT AND DEMAND FOR PAKISTAN
THE PEOPLE OF INDIA WERE GUARANTED SOCIAL ECONOMIC AND
POLITICAL JUSTICE EQUALITY AND FUNDAMENTAL FREEDOMS THE
OBJECTIVE RESOLUTION ADOPTED ON 22 JANUARY 1947
THE NATIONAL FLAG OF UNION WAS ADOPTED ON 22 JULY 1947 ASSEMBLY
TAKE 2 YEARS 11 MONTH AND 17 DAYS MONEY SPENT ON MAKING
CONSTITUTION IS 64 LAKHS
5. Style
One
Style
three
on 24 January 1950 Jan Gan Man was adopted as national Anthem
the constitution come into force on 26 January 1950 which is celebrated
as republic dayMembers of the
Grafting committee Dr BR Ambedkar
Union constitution committee Jawahar Lal Nehru
Rules of procedure committee Dr Rajendra Prasad
Advisory Acharya kripalani ,Sri Mukherjee ,AV Thakkar and more
members of Assembly
6. FRAMING OF INDIAN CONSTITUTION
CONSTITUTION WAS PREPARED BY THE MEMBERS OF THE CONSTITUENT
ASSEMBLY
CONSTITUTION WAS FORMED BETWEEN DECEMBER 1946 TO DECEMBER 1949
ON 13 DECEMBER 1946 JAWAHAR LAL NEHRU INTRODUCE OBJECTIVE RESOLUTION
IN PROCLAIMED TO BE
AND" INDEPENDENT SOVERGIN REPUBLIC "GUARANTEED CITIZEN JUSTICE,
EQUALITY, FREEDOM AND ASSURE ADEQUATE SAFEGUARD FOR MINORITIES
BACKWARD AND TRIBAL AREAS
THE MEMBER OF THE CONSTITUENT ASSEMBLY WEREELECTED ON THE BASIS OF
PROVINCIAL ELECTION OF 1946
THE DECISION WITHIN THE CONSTITUENT ASSEMBLY WERE ALSO INFLUENCED BY
THE OPINION EXPRESS BY THE PUBLIC
82% OF THE CONSTITUENT ASSEMBLY WERE OF CONGRESS MEMNERS AS MUSLIM
BYCOTTED IT
THERE WAS A VIGEROUS DEBATE IN THE THE CONSTITUENT ASSEMBLY ON THE
MATTER OF THE RIGHTS OF CENTERAL AND STATE
7. FEATURES OF THE INDIAN CONSTITUTION
LENTHIEST WRITTEN CONSTITUTION
THE CONSTITUTION OF INDIA PROCESS OF INTENSE DEBATE AND DISCUSSION
THE CONSTITUTION CAME INTO 26 JANUARY 1950
THE CONSTITUTION OF INDIA HAS THE DESTRUCTION OF BEING THE LENGTHIEST AND DETAIL
CONSTITUTION DOCUMENT IT IS A VERY COMPREHENSIVE ELABORATED AND DETAILED DOCUMENT
THE CONSTITUTION OF INDIA CONTAINS NOT ONLY FUNDAMENTAL PRINCIPLE OF GOVERNMENT
BUT ALSO DETAIL ADMINISTRATIVE PROVISIONS
8. SUPREMACY OF CONSTITUTION
INDIA'S CONSTITUTION IS ALSO SUPREME AND NOT THE HANDMADE OF EITHER THE CENTRE
OR THE STATE IT FOR ANY REASONS ANY ORGAN OF THE STATE THERE TO VIOLETS ANY
PROVISION OF THE CONSTITUTION THE COURT OF LAW ARE THERE TO ENSURE THE DIGNITY
OF THE CONSTITUTION IT UP HAD AT ALL COST
RIGID CONSTITUTION
THE INDIAN CONSTITUTION IS LARGELY RIGID CONSTITUTION ALL THE PROVINCES OF THE CONSTITUTION
CONCERNING UNION- STATE RELATIONS CAN BE AMENDED ONLY BY THE JOINT ACTION OF THE STATE
LEGISLATURE
SACH AMENDMENT IS PASSED BY TWO THIRD MAJORITY OF THE MEMBERS PRESENT IN VOTING IN THE
PARLIAMENT
9. DIVISION OF POWER
IN A FEDERATION THERE SHOULD BE A CLEAR DIVISION OF POWER SO THAT THE UNITS AND THE CENTRE
ARE REQUIRED TO ENACT AND LEGISLATE WITHIN THEIR BOUNDARIES
VI TH SCHEDULED CONTAIN THREE LIST WHICH ENUMERATED SUBJECT OF ADMINISTRATION UNION , STATE
AND CONCURRENT LIST
THE UNION GOVERNMENT ENJOY EXCLUSIVE POWER TO LEGISLATE ON THE SUBJECT MENTION IN THE
UNION LIST
INDEPENDENT JUDICIARY
IN INDIA THE CONSTITUTION HAS PROVIDED FOR A SUPREME COURT AND EVERY EFFORT HAS
BEEN MADE TO SEE THAT THE JUDICIARY IN INDIA IS INDEPENDENT AND SUPREME IN ORDER
TO ENSURE IMPARTIALITY OF JUDICIARY OUR JUDGES ARE NOT REMOVABLE BY EXECUTIVE
AND THEIR SALARIES CANNOT BE CURTAILED BY PARLIAMENT
10. BICAMERAL LEGISLATURE
A BICAMERIAL SYSTEM IS CONSIDERED ESSENTIAL IN A FEDERATION BECAUSE IT IS IN THE UPPER
HOUSE ALONE THAT THE UNITS CAN BE GIVEN EQUAL REPRESENTATION
THE CONSTITUTION OF INDIA ALSO PROVIDED FOR BICAMERAL IS THE LEGISLATURE AT THE
CENTRE CONSISTING OF LOK SABHA AND RAJYA SABHA
LOKSABHA CONSISTS OF THE ELECTED REPRESENTATIVE OF PEOPLE THE RAJYA SABHA MAINLY
CONSIDERED OF THE STATE ELECTED REPRESENTATIVE
DUAL GOVERNMENT POLICY
FEDERAL STATE THERE ARE TO GOVERNMENT THE NATIONAL GOVERNMENT AND GOVERNMENT
OF THE EACH COMPONENT UNIT
BUT IN THE UNITARY STATE THERE IS ONLY ONE GOVERNMENT NAME IS THE NATIONAL
GOVERNMENT
INDIA HAS A FEDER SYSTEM HAS CENTRAL AND STATE GOVERNMENT
11. QUESTIONS
Write a short note on constituent assembly
Describe some important features of the Indian
constitution
Write a short note on independent act 1947
write the characteristics of government of india act 1935