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FORMATION OF INDIAN CONSTITUTION

A Constitution Fundamental law of the country, which contains the principles upon which government is founded, regulating the division of the sovereign powers, and directing to what persons each of these powers is to be confined and the manner in which it is to be exercised.

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FORMATION OF INDIAN CONSTITUTION

What is Constitution?
A Constitution of any country is the Supreme or Fundamental law of the land on the basis of what all the laws are formed and enforced.
A Constitution Fundamental law of the country, which contains the principles upon which government is founded, regulating the division of the sovereign powers, and directing to what persons each of these powers is to be confined and the manner in which it is to be exercised.

Formation of Indian Constitution
The elected Constituent Assembly for the undivided India made the Indian Constitution. It was constituted under the scheme formulated by the Cabinet Mission Plan. As per this plan:-
i. Seats were allotted to each Province and each Princely State or group of States according to their respective population. The total number of members of Constituent Assembly was fixed to 389. Out if this British India was represented by 296 seats and rest 93 were represented by the Princely States of India.
a. Out of 296 seats for British India, 292 members were to be drawn from the 11 British India Provinces, i.e. Madras, Bombay, Uttar Pradesh, Bihar, Central Provinces, Orissa, Punjab, Sindh, Bengal and Assam.
b. 4 seats were reserved for Chief Commissioner’s Provinces, i.e. Delhi, Ajmer-Merwara, Coorg and British Baluchistan.
c. 93 members were nominated by ruler of the Princely States.
ii. The seats from each province were divided among three main communities, i.e. Muslims, Sikhs and General, according to their respective populations proportionally.
iii. The members of each community in the Provincial Legislative Assemblies were to elect their own representatives by the method of proportional representation with single transferrable vote.
iv. The heads of the Princely States nominated their representatives.
In July 1946, the elections of the Constituent Assembly were held. Indian National Congress won 208 out of 210 General seats. The Muslim League won 73 out of 78 seats reserved for Muslims. 15 seats were won by the Independents. The Princely States decided to stay away from the elections and hence their seats were not filled.
The Assembly however could not be started to work immediately as Jinnah withdrew his acceptance and caused the Muslim League to boycott it. The Congress, however did not stop because of this and proceeded with its plan and appointed an expert committee to draft Fundamental Rights and arranged an early session of the Assembly.
The Constituent Assembly for the first time met on 26th November,1946 and began its work. 26th November is now celebrated as Constitution Day. It held its first meeting on 9th December, 1946. The Muslim league insisted for separate Pakistan and boycotted the meeting. Dr. Sachchidanand Sinha, the oldest member was elected as the President of the Assembly during the meeting. Dr. Rajendra Prasad Sinha and H.C. Mukharjee on 11th December, 1946 were elected as the permanent President and Vice-President of the Assembly.
On 13th December, 1946, Jawaharlal Nehru moved the historic Objectives Resolution which defined the aims of the assembly. The resolution was adopted by the Constituent Assembly on 22nd January, 1947. The Assembly appointed a number of committees to deal with different tasks of Constitution making. The 8 major committees were:
i. Rules
ii. Steering
iii. Advisory
iv. Drafting
v. Union Subjects
vi. Union Constitution
vii. Provincial Constitution
viii. States
The Drafting Committee was formed on 29th August, 1947 under chairmanship of Dr. B.R. Ambedkar to prepare a draft of the Constitution. It consisted of 7 members:
i. Dr. B.R. Ambedkar
ii. N. Gopalaswamy Ayyangar
iii. Alladi Krishnaswamy Ayyar
iv. K.M. Munshi
v. Syad Mohammad Saadullah
vi. N. Madhava Rao (He replaced B.L. Mitter, who resigned due to ill health)
vii. T.T. Krishnamachari (He replaced D.P. Khaitan, who died in 1948)
The Drafting Committee submitted the report on 21st February, 1948. The Draft Constitution contained 315 Articles and 8 Schedules.
The first reading by the Constituent Assembly comprised general discussion which commenced on 4th November till 9th November. The second reading continued from 15th November till 17th October, 1949. A total of 7,635 amendments were proposed but only 2,473 were actually discussed in the Assembly. The third reading commenced from 14th November till 26th November, 1949.
On 26th November, 1949, the Constitution received signatures of the President of the Constituent Assembly and it was declared passed. It contained 395 Articles spread over 22 parts and 12 schedules. Only 284 members of the Assembly were present on that day out of a total of 299 members.
The final session of the Constituent Assembly was held on 24th January, 1950, and Dr. Rajendra Prasad Sinha was unanimously elected as the first President of the Republic of India under the new Constitution which came into force on 26th January, 1950.
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