File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

History of Indian Constitution

The Indian Constitution did not come into being in a single day; rather, it evolved over several decades prior to India's independence in 1947. From its beginnings in the freedom movement, the process never stopped until the Constituent Assembly held numerous discussions and debates before a new Constitution was drafted. In the annals of contemporary India, January 26, 1950, was a day marked with a red letter. The written Constitution of India became operative on that day.

Since 1930, millions of Indians have commemorated January 26th as the day of complete freedom, therefore it was deliberately picked as the date on which the Constitution went into effect. Declaring this historic day as the Republic of India's Constitution Day is quite appropriate. The Indian Constitution, which was the longest written constitution to that point, combined the best provisions of all the other constitutions in existence.

The Indian Constitution served as the country's modern holy book. It demonstrates how the Indian people are the ultimate authorities in all issues pertaining to their welfare and represents the country's changing ambitions and values.After careful consideration of each proposal, a galaxy of learned and intelligent individuals who cared about the future of the newly formed nation of India drafted the current Constitution. The most fundamental principles of the Constitution parliamentary democracy, republicanism, civil freedoms, and social and economic justice were purposefully made popular by nationalists.

Prominent historian Bipan Chandra correctly points out that "the Constitution was not, as it was popularly assumed, mimicking the British Parliament that it was emulating when it was a parliamentary form of Government, with a Cabinet led by a Prime Minister, in 1950. The people were already accustomed with nationalist behaviors, which it was formalizing. The national movement even familiarized itself with the spirit of democracy. It is correctly noted by Bipin Chandra that "this found expression in large scale mass participation." It guaranteed that adult franchise would continue after independence.

Gandhi's 1922 declaration that "Swaraj will not be a free gift of the British Parliament" demonstrates this. It will be a proclamation of India's unbridled individuality. It is accurate to say that it will be expressed in a parliamentary act. One country can never give another swaraj for free. It is a gem that only the finest blood in the country can buy. When we have made a clear payment for it, it will no longer be a gift.

Gandhi's statement unequivocally and unequivocally disproves the idea that the British brought about constitutional reforms of their own volition. Undoubtedly, the Indian nationalists' and the press's two decades-long struggle for elections to councils and the election of majorities and greater powers to non-official members prompted the British to introduce the concept of elections in the Indian Council Act of 1892. However, the Act only allowed for minority elections, contrary to the nationalists' demands.

The demands of the national movement and the concessions made by the Acts of 1909, 1919, and 1935 fought a hard war. By 1916, the leaders of the national movement had begun to "espouse the doctrine of self-determination or the right of the Indians to frame their own Constitution." They had begun to demand that India be granted responsible government starting in 1890. Therefore, the idea for a self-determination-based constitution dates back to 1916.

The all-white Simon Commission was established by the British government in November 1927 to make recommendations for constitutional amendments in response to the national movement's persistent demands. Lord Borkenhead, the Secretary of State, issued two challenges to the Indians: in 1925 and 1927, he moved a bill for the appointment of the Simon Commission and said, "Let them produce a Constitution which carries behind it a fair measure of general agreement among the great peoples of India."

Indians across the nation boycotted the Simon Commission in response to the national movement and, in 1928, Motilal Nehru chaired a group tasked with "determining the principles of the Constitution for India." The report on Nehru was turned in on August 10, 1928. It was a draft Indian constitution in sketch form. The Indian Constitution eventually incorporated the majority of its elements. A parliamentary system with a fully accountable government, combined electorates, and a time-bound seat reservation for minorities was envisioned. The protection of India's citizens' fundamental human rights was given particular attention in the Nehru report. Ten of the 19 rights mentioned in the Nehru report were added to the Constitution.

The desire for a Constituent Assembly increased significantly after 1934, and it was added to the Congress manifesto for the 1936-1937 election cycle. After the Congress won a majority of the states in the 1937 elections, its Faizpur session ordered the newly elected assembly members to say clearly in the new legislatures what they wanted a Constituent Assembly as soon as feasible.

The Second World War started in 1939, just as there was a growing clamor for the Constituent Assembly. The British first declared in 1940 through August Offer that the Indians themselves should be substantially responsible for creating the new Constitution in order to gain their support during the Second World War. In addition, it proposed to establish "a body representative of the principal elements in India's national life, in order to devise the framework of the new Constitution" following the end of World War II.

Unfortunately, this offer omitted information about how the body will be constituted and the process that will be used to determine who would be a member of the body. This ambiguous feature demonstrates how the British were only grudgingly in favor of the Constituent Assembly's concept and were not committed to seeing it through to completion. As a result, all varieties of Nationalists rejected the 1940 offer, and the Congress Party began the Individual Civil Disobedience movement to voice their opposition. The British Government established the Cripps Mission in 1942.

The Constituent Assembly's concept was also approved, and its procedures and other details were outlined. It was unsuccessful; the Congress and the British clashed once more, leading to the Quit India Movement of August 9, 1942. For the first time, nationalists urged the Indian people to "Do or die" in this people's battle and publicly called on the British to "quit India." After taking all necessary steps to put a stop to the Quit India Movement, the Indian government released a white paper in 1945 and called the unsuccessful Simla Conference.

The British Government was able to announce and pledge to call a convention to draft a constitution as soon as possible thanks to the Labour Party's victory in England and the shifting of the guard. For this reason, the Cabinet Mission was assigned, and on March 24, 1946, after much discussion between the Congress, the Muslim League, and the British, it traveled to India. The Constituent Assembly was finally established. The purpose of the Constituent Assembly was to draft the new Indian Constitution. The elected members of the Province's Legislative Assemblies choose the members of the Constituent Assembly.

It took two years, eleven months, and eighteen days to finish the monumental process of writing India's first constitution. It convened for eleven sessions totaling 165 days during this time.Out of these, 114 days were devoted to deliberating over the proposed constitution. On November 26, 1949, the Constituent Assembly voted and ratified the Constitution in its complete form.

Only on January 26, 1950, the twentieth anniversary of the day the Indian National Congress adopted the resolution on complete independence, was the Constitution finally formally inaugurated. Since then, this day has been observed as India's Republic Day.

India became a republic at 10:18 a.m. on January 26, 1950. A short while afterward, at 10:24 a.m., Dr. Rajendra Prasad took the oath of office as the inaugural President of India. Both Hindi and English were handwritten on the first Constitution. On January 24, 1950, the Constituent Assembly members signed it. These replicas, one of the important artifacts of independent India, are still on display at the Parliament Library.

India lacked a dedicated location to celebrate Republic Day between 1950 and 1954. It was first hosted in Red Fort, then moved to National Stadium, Kingsway Camp, and finally Ramlila Ground. Rajpath was ultimately selected in 1955 to serve as the Republic celebration's permanent and stable location. On January 24, 1950, the Constituent Assembly members adopted the National Anthem, Jana Gana Mana, and this was the inaugural Republic Day Parade.Rabindra Nath Tagore penned it in Bengali, which was subsequently translated into Hindi. As the principal guest, President Sukarno of Indonesia attended the inaugural Republic Day celebration on January 26, 1950. The new Constitution's transitional clause made the Constituent Assembly the Parliament of India.

The Assembly came to an end on January 26, 1950, and became the Provisional Parliament of India until a new Parliament was established in 1952. Apart from crafting the Constitution and passing regular laws, the Constituent Assembly carried out several other tasks such as validating India's Common Wealth membership in May 1949, approving the National Flag on July 22, 1947, approving the National Song on January 24, 1950, and selecting Dr. Rajendra Prasad as the country's inaugural President on the same day. It is accurate to say that B.R. Ambedkar is considered the father of the Indian Constitution. The Indian Constitution lays out essential rights and guiding principles as well as the organization, processes, authority, and responsibilities of governmental organizations.

Last but not least, let us cite Dr. Babasaheb Ambedkar from his 1948 speech, which was delivered as his last shot.

"The Constitution seems to be a functional document that is both adaptable and powerful enough to keep the nation united during times of peace and war. If I may say so, it won't be because of our flawed previous Constitution if things go wrong under the new one. We'll have to admit that man was disgusting.

Written By: Akanksha

Law Article in India

You May Like

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Titile

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly