Polity Note:Framing of the Constitution

Here we are providing the short notes on Polity which will be help to crack General Awareness part in may examinations like SSC, Railway and other competitive exams.

Framing of the Constitution:

  1. The Constitution of India was framed by a Constituent Assembly which was set up under the Cabinet mission plan (1946).
  2. The Constituent Assembly took almost 3 years (2 years, 11 months, & 18 days) to complete its historic task of drafting the Constitution for an Independent India.
  3. During this period it held 11 sessions covering a total of 165 days. Of these, 114 days were spent on the consideration of & discussion on the Draft Constitution.
  4. As for the composition of the Assembly, members were chosen by indirect election by the members of the Provincial Legislative Assemblies, following the scheme recommended by the Cabinet Mission. The total membership of the assembly thus was to be 389.
  5. However, as a result of the partition, a separate Constituent Assembly was set up for Pakistan & representatives of some provinces ceased to be members of the Assembly. As a result, the membership of the Assembly was reduced to 299.

 

The Cabinet Mission

World War II in Europe came to an end on May 9,1945. Three British cabinet ministers were sent to find a solution to the question of India’s independence. This team of ministers (Lord Pethick Lawrence, Stafford Cripps, A V Alexander) was called the Cabinet Mission. The Mission was in India from March 1946 to May 1946.The Cabinet Mission discussed the framework of the constitution & laid down in some detail the procedure to be followed by the constitution drafting body. The Assembly began work on 9 December 1946.

First Interim National Govt.

The Govt. was constituted on 2 September, 1946. It was leaded by Pandit Nehru. All the members of the interim Govt. were members of Viceroy’s Executive Council. The Viceroy continued to be the head of the Council. Pandit Jawahar Lal Nehru was designated as the Vice-President of the Council.

The Constituent Assembly

  1. The people of India elected members of the provincial assemblies, who in turn elected the constituent assembly.
  2. Frank Anthony represented the Anglo-Indian community.
  3. Sachidanand Sinha was the first president of the Constitituent Assembly. Later, Dr.Rajendra Prasad was elected president of the Constituent Assembly while B.R. Ambedkar was appointed the Chairman of the Drafting Committee.

 

Sources of our Constitution

The Indian Constitution is borrowed from almost all the major countries of the world but has its own unique features too. Major sources are:

  1. Government of India Act of 1935 – Federal Scheme, Office of Governor, Judiciary, Public Service Commission, Emergency provisions & administrative details.
  2. British Constitution – Parliamentary System, Rule of law, Lagislative Procedure, Single Citizenship, Cabinet System, Prerogative Writs, Parliamentary Privileges & Bicameralism.
  3. US Constitution – Fundamental rights, independence of judiciary, judicial review, impeachment of president, removal of Supreme court & high court judges & post of vice president.
  4. Irish Constitution- Directive Principles of State Policy, nomination of members of Rajya Sabha & method of election of president
  5. Canadian Constitution- Federation with a strong centre, vesting of residuary power in the centre, appointment of state Governor by the centre & advisory jurisdiction of Supreme Court.
  6. Australian Constitution- Concurrent list, joint sitting of two houses of Parliament, Freedom of trade & commerce & intercause.
  7. Constitution of Germany- Suspension of fundamental rights during emergency.
  8. French Constitution- Republic & ideals of liberty, equality & fraternity in the Preamble.
  9. South African Constitution- Procedure for amendment of the constitution & election of members of Rajya Sabha.
  10. Japanese Constitution- Procedure established by Law.
  11. Constitution of former USSR: Procedure of five-year plan, fundamental duties, ideals of justice (social, economic & political) in Preamble.

 

PARTS DESCRIBED IN THE CONSTITUTION

Part Subject Articles
Part I The Union and its territory Art. 1 to 4
Part II Citizenship Art. 5 to 11
Part III Fundamental Rights Art. 12 to 35
Part IV Directive Principles Art. 36 to 51
Part IVA Fundamental Duties Art. 51A
Part V The Union Art. 52 to 151
Part VI The States Art. 152 to 237
Part VII Repealed by Const. (7th Amendment) Act, 1956
Part VIII The Union Territories Art. 239 to 242
Part IX The Panchayats Art. 243 to 243O
Part IXA The Muncipalities Art. 243P to 243ZG
Part IXB The Co-operative Societies Art. 243ZH to 243ZT
Part X The Scheduled and Tribal Areas Art. 244 to 244A
Part XI Relations between the Union and the States Art. 245 to 263
Part XII Finance, Property, Contracts and Suits Art. 264 to 300A
Part XIII Trade, Commerce and Intercourse within the Territory of India Art. 301 to 307
Part XIV Services under the Union and the States Art. 308 to 323
Part XIVA Tribunals Art. 323A to 323B
Part XV Elections Art. 324 to 329A
Part XVI Special provisions relating to certain classes Art. 330 to 342
Part XVII Official Language Art. 343 to 351
Part XVIII Emergency Provisions Art. 352 to 360
Part XIX Miscellaneous Art. 361 to 367
Part XX Amendment of the Constitution Art. 368
Part XXI Temporary, Transitional and Special Provisions Art. 369 to 392
Part XXII Short title, commencement, authoritative text in Hindi and repeals Art. 393 to 395

 

 

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