NTSE Notes Sheet 2

Indian constitution
Constitution is a body of laws, which lay down the basic structure of the
government and its functions according to which a country is governed.
Constituent Assembly
Constitution making body is also known as constitutional convention.
 Its first sitting was in Dec. 1946.
 Total no. of seats – 389 (Before partition)
299(After partition)
 Political Groups – INC(Indian National Congress) - 208 seats
AIML (All India Muslim League) - 73 seats
Others - 15 seats
Princely States – 93 seats
 Type – unicameral
 Idea of Constituent Assembly proposed by M.N.Roy a pioneer of the
communist movement in India and an advocate of radical democracy.
 It became an official demand of INC in 1935 and was accepted by the
British in August 1940.
 On 8th August 1940, a statement was made by Viceroy Linlithgow allowing
Indians to Draft their own Constitution.
Elections of Members of Constituent Assembly
 The members were elected by the provincial assemblies by a single
transferable vote system of proportional representation.
 INC won 208 seats, Muslim league 73 seats. After this election Muslim
league refused to co-operate with the congress. Hindu – Muslim riots began
and the Muslim league demanded a separate constituent assembly for
Muslims of India.
 On 3rd June 1947 Lord Mountbatten, the last British Governor-General of
India announced his intention to scrap the cabinet mission plan.
This culminated in the Indian independence act 1947 and the separate
nations of India and Pakistan.
 The Indian independence act was passed on 18th July 1947.
 Although it was earlier declared that Indian would become independent in
June 1948, but this event led to independence on 15 August 1947.
 Under the Mountbatten plan a separate constituent assembly was
established in Pakistan on 3rd June 1947.
 The membership of the constituent assembly was 299 after reorganization
and it met on 31st December 1947.
 It existed for almost 3 years. It was not elected on the basis of universal
suffrage. Muslims and Sikhs received special representation as minorities.
 The assembly met for the first time in New Delhi on 9 December 1946, and
its last session was held on 24th January 1950.
 Indian constitution was prepared in two years, 11 months and 18 days.
 The assembly held eleven sessions, sitting for a total of 166 days.
 Formation of Constituent Assembly was the result of the ‘Swaraj Bill’
prepared under the directions of LokmanyaBalGangadharTilak in 1985.
 Prominent Leaders – Dr.Rajendra Prasad, Pt. Jawaharlal Nehru, Sardar
Patel, Maulana Abdul kalam Azad, Shyama Prasad Mukherjee,
SardarBaldev Singh.
 Franck Anthomy represented the Anglo Indian Community and H.P. Modi
was representative from the Parsi Community.
 AladiKrishanswamiAujar, Dr.BhimraoAmbedkar and K.M. Munshi were
constitutional experts.
 Sarojini Naidu and Vijay Lakshmi Pandit were women representatives,
B.N.Rao was constitutional advisor.
 In its first meeting on 9th December 1946 SachidanandSinha was elected as
first chairman to preside this meeting.
 In its second meeting held on 11th December 1946 Dr.Rajendra Prasad was
elected as permanent chairman. Its vice president was
HarendraCoomarMookerjee (a Christian from Bengal and former vice
chancellor of Calcutta University, also chairing the assembly’s minorities
committee). He was appointed governor of West Bengal after India became
a republic.
 Important members of the constituent assembly from central India
region(MP) (Bhopal, Gwalior, Indore and Rewa) were Pandit Ravi Shankar
shukla, Seth Govind Das, Hari Vishnu kamat, Ghanshyam Singh Guchh,
Gopi Krishna Vijayvargiya, RadhavallabhVijayvargiya and Thakur Lal
Singh
From Indore – V.S. Sarvate
 Jurist BenegalNarsingh Rau appointed as constitutional adviser to
assembly.
 The assembly’s work –
(i) Committees presented reports on issues.
(ii) Benegal Narsingh Rau prepared an initial draft based on the reports
and his research into the constitutions of other nations.
(iii) Drafting committee presented a detailed draft constitution which was
published for public discussion.
(iv) The draft constitution was discussed, and amendments proposed and
enacted.
(v) The constitution was adopted with a committee of experts led by the
congress party.
(vi) The new constitution was passed and adopted on 26th November
1949.
 (vii) It came into effect on 26th January 1950, which was called as a date
of promulgation of the constitution.

Drafting committee
 Chairperson – Dr. B.R Ambedkar
 Different sub committees were formed to facilitate drafting of the
constitution.
 10 sub-committees relating to matters of procedure and 8 sub-committees
related to matters of facts.
 Important sub committees were – Rules, Business and Drafting committee,
steering committee, committee on fundamental rights, Union power
committee, Minority rights to sub-committee etc.
 Members of drafting Committee – N. GopalswamiAyangar, Aladi Krishna
Swami Aiyyar, SayyedmohammedSadullah, K.M. Munshi, B.L. Mittar and
D.P. khaitan. Subsequently B.L. Mittar and D.P. khaitan were replaced by
N. MadhavanRao and T.T krishnamachari. (Mittar resigned and D.P
khaitan passed away)
 Drafting committee was appointed on 29th August 1947. Committee
comprise of chairman and six other members.
 The draft of the constitution was submitted to the president of the
constituent assembly on 21st February 1948. Then detailed discussions were
held in the constituent assembly.

Important points about Indian Constitution

 It has 395 articles in 22 parts and 8 schedules. (Presently 448 articles in 25
parts, 12 schedules, 5 appendices and 98 amendments)
 Architect of Indian Constitution – B.R. Ambedkar
 It follows Parliamentary system of government and the executive is directly
accountable to the legislature.
 It is federal in nature but unitary in spirit. (Quasi federal- known as union
of states)
 Common features of Indian federation – Written constitution, supremacy
of constitution, rigidity of constitution, two government, division of
powers, bicameral and independent judiciary.
 Common feature of unitary government – Single constitution, single
citizenship, integrated judiciary, flexible constitution, strong centre, all India
services, emergency provisions.