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- 1. POLITICAL SCIENCE UNIT -2 BA-LLB 4TH SEM BA LLB The constituent assembly and framing of constitution The main features of the constitution
- 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