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critics that the Constituent Assembly was dominated by
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lawyers and politicians. They pointed out that other sections
|
of the society were not sufficiently represented. This, to
|
them, is the main reason for the bulkiness and complicated
|
language of the Constitution.
|
6. Dominated by Hindus: According to some critics, the
|
IMPORTANT FACTS
|
1. Elephant was adopted as the symbol (seal) of the
|
Constituent Assembly.
|
2. Sir B.N. Rau was appointed as the constitutional advisor
|
(Legal advisor) to the Constituent Assembly.
|
3. H.V.R. Iyengar was the Secretary to the Constituent
|
Assembly.
|
4. S.N. Mukerjee was the chief draftsman of the constitution in
|
the Constituent Assembly.
|
5. Prem Behari Narain Raizada was the calligrapher of the
|
Indian Constitution. The original constitution was handwritten
|
by him in a flowing italic style.
|
6. The original version was beautified and decorated by artists
|
from Shantiniketan including Nand Lal Bose and Beohar
|
Rammanohar Sinha.
|
7. Beohar Rammanohar Sinha illuminated, beautified and
|
ornamented the original Preamble calligraphed by Prem
|
Behari Narain Raizada.
|
8. The calligraphy of the Hindi version of the original
|
constitution was done by Vasant Krishan Vaidya and
|
elegantly decorated and illuminated by Nand Lal Bose.
|
HINDI TEXT OF THE CONSTITUTION
|
Originally, the Constitution of India did not make any provision with
|
respect to an authoritative text of the Constitution in the Hindi
|
language. Later, a provision in this regard was made by the 58th
|
Constitutional Amendment Act of 19878f. This amendment
|
inserted a new Article 394-A in the last part of the Constitution i.e.,
|
Part XXII8g. This article contains the following provisions:
|
1. The President shall cause to be published under his
|
authority:
|
(i) The translation of the Constitution in Hindi language. The
|
modifications which are necessary to bring it in
|
conformity with the language, style and terminology
|
adopted in the authoritative texts of the Central Acts in
|
Hindi can be made in it. All the amendments of the
|
Constitution made before such publication should be
|
incorporated in it.
|
(ii) The translation in Hindi of every amendment of the
|
constitution made in English.
|
2. The translation of the Constitution and its every amendment
|
published shall be construed to have the same meaning as
|
the original text in English. If any difficulty arises in this
|
matter, the President shall cause the Hindi text to be revised
|
suitably.
|
3. The translation of the Constitution and its every amendment
|
published shall be deemed to be, for all purposes, its
|
authoritative text in Hindi.
|
Table 2.1 Allocation of seats in the Constituent Assembly of India
|
(1946)
|
Sl.No. Areas Seats
|
1. British Indian Provinces (11) 292
|
2. Princely States (Indian States) 93
|
3. Chief Commissioners’ Provinces (4) 4
|
Total 389
|
Table 2.2 Results of the Elections to the Constituent Assembly
|
(July–August 1946)
|
Sl.No. Name of the Party Seats
|
won
|
1. Congress 208
|
2. Muslim League 73
|
3. Unionist Party 1
|
4. Unionist Muslims 1
|
5. Unionist Scheduled Castes 1
|
6. Krishak - Praja Party 1
|
7. Scheduled Castes Federation 1
|
8. Sikhs (Non-Congress) 1
|
9. Communist Party 1
|
10. Independents 8
|
Total 296
|
Table 2.3 Community-wise Representation in the Constituent
|
Assembly (1946)
|
Sl.No. Community Strength
|
1. Hindus 163
|
2. Muslims 80
|
3. Scheduled Castes 31
|
4. Indian Christians 6
|
5. Backward Tribes 6
|
6. Sikhs 4
|
7. Anglo-Indians 3
|
8. Parsees 3
|
Total 296
|
Table 2.4 State-wise Membership of the Constituent Assembly of
|
India as on December 31, 1947
|
Sl.No. Name No. of Members
|
A. Provinces (Indian Provinces)–229
|
1. Madras 49
|
2. Bombay 21
|
3. West Bengal 19
|
4. United Provinces 55
|
5. East Punjab 12
|
6. Bihar 36
|
7. C.P. and Berar 17
|
8. Assam 8
|
9. Orissa 9
|
10. Delhi 1
|
11. Ajmer-Merwara 1
|
12. Coorg 1
|
B. Indian States (Princely States)–70
|
1. Alwar 1
|
2. Baroda 3
|
3. Bhopal 1
|
4. Bikaner 1
|
5. Cochin 1
|
6. Gwalior 4
|
7. Indore 1
|
8. Jaipur 3
|
9. Jodhpur 2
|
10. Kolhapur 1
|
13. Mysore 7
|
14. Patiala 2
|
15. Rewa 2
|
16. Travancore 6
|
17. Udaipur 2
|
18. Sikkim and Cooch Behar Group 1
|
19. Tripura, Manipur and Khasi States 1
|
Group
|
20. U.P. States Group 1
|
21. Eastern Rajputana States Group 3
|
22. Central India States Group 3
|
(including Bundelkhand and Malwa)
|
23. Western India States Group 4
|
24. Gujarat States Group 2
|
25. Deccan and Madras States Group 2
|
26. Punjab States Group 3
|
27. Eastern States Group I 4
|
28. Eastern States Group II 3
|
29. Residuary States Group 4
|
Total 299
|
Table 2.5 Sessions of the Constituent Assembly at a Glance
|
Sessions Period
|
First Session December 9–23, 1946
|
Second Session January 20–25, 1947
|
Third Session April 28-May 2, 1947
|
Fourth Session July 14–31, 1947
|
Fifth Session August 14–30, 1947
|
Seventh Session November 4, 1948-January 8, 1949
|
Eighth Session May 16-June 16, 1949
|
Ninth Session July 30-September 18, 1949
|
Tenth Session October 6–17, 1949
|
Eleventh November 14–26, 1949
|
Session
|
Note: The Assembly met once again on January 24, 1950, when
|
the members appended their signatures to the Constitution of
|
India.
|
Table 2.6 Time Taken by the Framers of Other Constitutions8h
|
Sl. Country No. of Working Period Time Taken
|
No. Articles
|
1 U.S.A. 7 May 25, 1787 to Less than 4
|
September 17, months
|
1787
|
2 Canada 147 October 10, 1864 to About 2 years
|
March 1867 and 6 months
|
3 Australia 128 March 1891 to July About 9 years
|
9, 1900
|
4 South 153 October 1908 to 1 year
|
Africa September 20,
|
1909
|
Table 2.7 Articles Related to Short Title, Commencement, Hindi
|
Text and Repeals at a Glance
|
Article No. Subject Matter
|
393 Short title
|
394 Commencement
|
NOTES AND REFERENCES
|
1. The Cabinet Mission consisting of three members (Lord
|
Pethick Lawrence, Sir Stafford Cripps and A.V.
|
Alexander) arrived in India on March 24, 1946. The
|
Cabinet Mission published its plan on May 16, 1946.
|
2. These include Madras, Bombay, UP, Bihar, Central
|
Provinces, Orissa, Punjab, NWFP, Sindh, Bengal and
|
Assam.
|
3. These include Delhi, Ajmer-Merwara, Coorg and British
|
Baluchistan.
|
4. The Government of India Act of 1935 granted limited
|
franchise on the basis of tax, property and education.
|
5. These include Baroda, Bikaner, Jaipur, Patiala, Rewa
|
and Udaipur.
|
6. For the first time, the Constituent Assembly met as
|
Dominion Legislature on November 17, 1947 and
|
elected G.V. Mavlankar as its speaker.
|
7. These are West Punjab, East Bengal, NWFP, Sindh,
|
Baluchistan and Sylhet District of Assam. A separate
|
Constituent Assembly was set up for Pakistan.
|
8. The Provisional Parliament ceased to exist on April 17,
|
1952. The first elected Parliament with the two Houses
|
came into being in May 1952.
|
8a. One of the political consequences of the British
|
Government’s statement of June 3, 1947, was that
|
following a referendum, the North-West Frontier
|
Province and Baluchistan became part of the territory of
|
the Dominion of Pakistan and as a result the tribal areas
|
in this region became a concern of that Dominion. The
|
Sub-Committee on the Tribal Areas in the North-West
|
Frontier Province and Baluchistan was not therefore
|
called upon to function on behalf of the Constituent
|
Assembly of India. (B. Shiva Rao, The Framing of
|
India’s Constitution : Select Documents, Volume III,
|
P.681.)
|
The members of this Sub-Committee were : Khan
|
Mehr Chand Khanna. The information about the
|
Chairman is not found.
|
8b. B. Shiva Rao, The Framing of India’s Constitution,
|
Select Documents, Volume 1, p.326.
|
8c. Ibid.
|
8d. Granville Austin, The Indian Constitution - Cornerstone
|
of a Nation, Oxford, 1966, pp. 32–33.
|
8e. See Table 2.6 at the end of this chapter.
|
8f. The 56th Constitutional Amendment Bill of 1987, after
|
being passed by both the Houses of Parliament and
|
assented by the President, finally emerged as the 58th
|
Constitutional Amendment Act of 1987.
|
8g. Part XXII is entitled as ‘Short Title, Commencement,
|
Authoritative Text in Hindi and Repeals’. Originally, this
|
part consisted of three Articles only - Article 393 (short
|
title), Article 394 (commencement) and Article 395
|
(repeals).
|
8h. J.R. Siwach, Dynamics of Indian Government and
|
Politics, Sterling Publishers Private Limited, Second
|
Edition, 1990, p.10.
|
9. Granville Austin, The Indian Constitution–Cornerstone
|
3 Salient Features of the Constitution
|
T
|
he Indian Constitution is unique in its contents and spirit.
|
Though borrowed from almost every Constitution of the
|
world, the Constitution of India has several salient features
|
that distinguish it from the Constitutions of the other countries.
|
It should be noted at the outset that a number of original
|
features of the Constitution (as adopted in 1949) have undergone
|
a substantial change, on account of several amendments,
|
particularly 7th, 42nd, 44th, 73rd, 74th, 97th and 101st
|
Amendments. In fact, the 42nd Amendment Act (1976) is known
|
as ‘Mini-Constitution’ due to the important and large number of
|
changes made by it in various parts of the Constitution. However,
|
in the Kesavananda Bharati case1 (1973), the Supreme Court
|
ruled that the constituent power of Parliament under Article 368
|
SALIENT FEATURES OF THE CONSTITUTION
|
The salient features of the Constitution, as it stands today, are as
|
follows:
|
1. Lengthiest Written Constitution
|
Constitutions are classified into written, like the American
|
Constitution, or unwritten, like the British Constitution. The
|
Constitution of India is the lengthiest of all the written
|
Constitutions of the world. It is a very comprehensive, elaborate
|
and detailed document.
|
Originally (1949), the Constitution contained a Preamble, 395
|
Articles (divided into 22 Parts) and 8 Schedules. Presently (2019),
|
it consists of a Preamble, about 470 Articles (divided into 25
|
Parts) and 12 Schedules2. The various amendments carried out
|
since 1951 have deleted about 20 Articles and one Part (VII) and
|
added about 95 Articles, four Parts (IVA, IXA, IXB and XIVA) and
|
four Schedules (9, 10, 11 and 12). No other Constitution in the
|
world has so many Articles and Schedules3 .
|
Four factors have contributed to the elephantine size of our
|
Constitution. They are:
|
(a) Geographical factors, that is, the vastness of the country and
|
its diversity.
|
(b) Historical factors, e.g., the influence of the Government of
|
India Act of 1935, which was bulky.
|
(c) Single Constitution for both the Centre and the states4 .
|
(d) Dominance of legal luminaries in the Constituent Assembly.
|
The Constitution contains not only the fundamental principles of
|
governance, but also detailed administrative provisions. Further,
|
those matters which in other modern democratic countries have
|
been left to the ordinary legislation or established political
|
conventions have also been included in the constitutional
|
The Constitution of India has borrowed most of its provisions from
|
the Constitutions of various other countries as well as from the
|
Government of India Act5 of 1935. Dr. B.R. Ambedkar proudly
|
acclaimed that the Constitution of India has been framed after
|
‘ransacking all the known Constitutions of the World6 ’.
|
The structural part of the Constitution is, to a large extent,
|
derived from the Government of India Act of 1935. The
|
philosophical part of the Constitution (the Fundamental Rights and
|
the Directive Principles of State Policy) derive their inspiration
|
from the American and Irish Constitutions, respectively. The
|
political part of the Constitution (the principle of Cabinet
|
Government and the relations between the Executive and the
|
Legislature) have been largely drawn from the British Constitution7
|
.
|
The other provisions of the Constitution have been drawn from
|
the Constitutions of Canada, Australia, Germany, USSR (now
|
Russia), France, South Africa, Japan and so on8 .
|
The most profound influence and material source of the
|
Constitution is the Government of India Act, 1935. The Federal
|
Scheme, Judiciary, Governors, Emergency Powers, the Public
|
Service Commissions and most of the administrative details are
|
drawn from this Act. More than half of the provisions of
|
Constitution are identical to or bear a close resemblance to the
|
Act of 19359 .
|
3. Blend of Rigidity and Flexibility
|
Constitutions are also classified into rigid and flexible. A rigid
|
Constitution is one that requires a special procedure for its
|
amendment, as for example, the American Constitution. A flexible
|
constitution, on the other hand, is one that can be amended in the
|
same manner as the ordinary laws are made, as for example, the
|
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