Indian Constitution Constituent Assembly, Source, Committee & Schedules

INDIAN CONSTITUTION
INDIAN CONSTITUTION

Constitution is the foundation law of any country which details the fundamental principles on which the government of  that country works. Below are some important points regarding making of the Indian Constitution.

HISTORICAL DEMANDS OF CONSTITUTIONAL ASSEMBLY :-

  • In 1895, by Bal gangadhar Tilak.
  • In 1992, Mahatma Gandhi used the term SWARAJ (which means self governance).
  • In 1938, Pandit Jawahar lal Nehru demand Adult election on the basis of adult franchise.
  • In 1940, August proposal was kept (Indirect acceptance of adult election)
  • In 1946, Cabinet Mission, The interim government formed in India under cabinet mission.

MAKING OF CONSTITUTIONAL ASSEMBLY

  • The election of constitutional assembly under the Cabinet Mission Plan of 16th May 1946.
  • One member of constitutional assembly was elected by 10 lakh people.
  • Bheem Rao Ambedkar was elected from west Bengal but actually he was from M.P.
  • First sitting of Constitutional assembly was on 9th Dec 1946. The chairman of first sitting was Dr. sachidananda sinha (temporary C.M of constitutional assembly) where as Permanent C.M of Constitutional assembly was Dr. Rajendra Prasad (elected on 11 December 1946).
  • Deputy chairman was H.C mukherjee.
  • The advisor of constituent assembly was B.N.Rao.
  • On 13 December 1946. Pt. Jawahar lal Nehru was given the duty to make the objective resolution for constituent assembly.
  • Lord Mount batten plan was responsible for making the plan which provided for Indo-Pak division.
  • India got independence on 15th Aug 1947 and Pakistan on 14 August 1947.

On the basis of above some committees were formed and the famous committee on Indian constitutional assembly was-

JAWAHAR LAL NEHRU

Union committee, union constitutional committee, union power committee.

SARDAR VALLABH BHAI PATEL

Provincial constitutional committee, minority committee, Fundamental      Right committee.

Dr. RAJENDRA PRASAD

Steering committee, Rule of procedure committee.

T.B.SAPRU (Tej Bahadur Sapru)

Committee for directive principles.

B.R.AMBEDKAR

Drafting committee( set up on 29th August 1947)- The task of this committee was preparing a draft of new constitution. It had 7 members:-

Dr. B.R.Ambedkar(chairman), N Gopalaswami Aiyyangar, Aladi Krishna swami Ayyar, Dr. k.M.Munshi, M. shadulla, N. Madhav Rao replaced B.N.Mittal due to ill health, T.T.krishnamachary replaced D.P. Khaithan ( due to death in 1948)

Some important points

1. Objective Resolution adopted by national assembly on 22 January 1947

2. National flag adopted on July 22 1947

3. National Anthem was adopted on 24 January 1950.

4. Rajendra Prasad elected as 1st president of india on- 24 January 1950.

5. Total time taken by constitutional assembly 2 year 11 month 18 days.

6. India follows 60 countries constitution.

7. Total expenditure in making of constitution amounted to 64 lakh.

8. On 24 January 1950 the constitutional assembly held its final session.

9. Constituent assembly framed 13 important committee for framing the constitution.

10. The most important committee was DRAFTING COMMITTEE.

11. Total days taken in making drafting committee was 114 days.

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SOURCES OF INDIAN CONSTITUTION

Government of India 1935 Act- This is the major source from where  the office of governor, public service commission, Administrative detail,  federal scheme was taken.

BRITISH CONSTITUTION-

  • Parliamentary system
  • Cabinet system
  • Single citizenship
  • Bicameralism
  • Parliamentary privileges
  • Lok sabha speaker
  • Prime Minister

USA (America)

  • Fundamental Rights
  • Independence of judiciary
  • Judicial Review
  • Impeachment of President
  • Removal Process of judges of high court and supreme court
  • Vice president

IRELAND

  • Direct principles of state policy
  • Method of election of president
  • Nomination of member of Rajya Sabha

CANADA

  • Federation with a strong centre
  • Appointment of state governor
  • Residuary power
  • Advisory jurisdiction of supreme court

AUSTRALIA                                   

  • Concurrent list
  • Joint sitting of both houses of parliament

GERMANY

  • Emergency Provision

RUSSIA

  • Fundamental Duties

FRANCE

  • Republic

SOUTH AFRICA

  • Constitutional Amendment
  • Election of member of Rajya sabha

JAPAN

  • Procedure established by law.

 SCHEDULES OF INDIAN CONSTITUTION

1 Schedule:-  It is related to Article 1 to 4 of Indian Constitution. This lists the states and territories of India.

2 Schedule:- This schedule list the salaries of officials holding public office like judges of Supreme Court and High Court, CAG(comptroller and auditor general) of India.

3 Schedule:- It lists the oath of the officials for elected officials and judges.

4 Schedule:-  This details the allocation of seats of Rajya sabha in states and territories.

SCHEDULES OF INDIAN CONSTITUTION
SCHEDULES OF INDIAN CONSTITUTION

5 Schedule:- This schedule provide for the administration and control of Schedule area and schedule tribe area. (because tribes and territories needs special protection).

6 Schedule:- This special belongs to administration and control for SC and ST areas. Like- Mizoram, Meghalaya, Tripura, Assam (Me MTA- trick to remember).

7 Schedule:-  It lists the matter related to union list, concurrent list and state list.

(Union list of Indian Constitution– Rules to be made by Union Government. At the time of making of Indian constitution there were 97 subjects and at present 100 subjects.

State list of Indian Constitution– Rules to be made by State Government. At the time of making of Indian constitution there were 66 subjects at present 61.

Concurrent list of Indian Constitution– Rules made by both union and state but if clash is there between union rule and state rule, union’s rule will follow, At the time of making of Indian constitution there were 47 subjects at present 52)

8 Schedule:- It belongs to the official languages. At the time of making of Indian constitution, the number of official languages was 18. Through 92nd Amendment ACT 2003, 4 languages were added in 8th schedule of Indian Constitution. (trick- BDMS- Bodo, Dogri, Maithli, Santhali)

9th schedule:- It was added by 1 Amendment Act 1951. This schedule belongs to special acts, rules and regulations.

10th schedule:- Added by 52nd Amendment act, 1985. It is termed as ANTI DEFECTION LAW. Provision related to disqualification of member of parliament and state legislature on the ground of defection.

11th schedule:-  Added by 73rd amendment act, 1992. This schedule is related to Panchayati Raj. NAGORE district in rajasthan was the first district where Panchayati Raj started. It also specifies the power of Panchayati Raj authority and responsibility of Panchayati Raj implemented in 1993.

12 schedule:- Added by 74th amendment act 1992. It is related to municipal corporation. It specifies the power of municipal corporation and authority and responsibility too.

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