Constituent Assembly

Background

  • First proposed by M.N. Roy in 1934
  • Indian National Congress demanded for constituent assembly in 1935
  • Demand was accepted in principle in august offer of 1940
  • Cripple proposals were rejected due to territorial ambitions of Muslim League
  • Cabinet mission plan proposed a scheme acceptable by both parties

Functioning

  • First meeting 9-December-1946
  • Muslim league boycott

 

  • Constituted with two Bodies
  • Legislative body
  • Chaired by G V Mavlankar to prepare constitution for free India
  • Constituent Body
  • Chaired by Dr. Rajendra Prasad to make ordinary laws
  • Constituent assembly functioned till 26-Nov-1949
  • Summary –
  • 11 sessions over 2 years, 11 months and 18 days
  • Final session took place on 24-Jan-1950 continued as provisional parliament of India from 26-Jan-1950 till 1951-52

Important Persons

  • Temporary president – Sachidanand Sinha
  • Permanent president – Dr. Rajendra Prasad (from 11-Dec-1946)
  • Vice President – H C Mukherjee (from 11-Dec-1946)
  • Constitutional Advisor – B.N. Rau

Composition of Constituent Assembly

Total strength of the Assembly – 389

  • 296 – British India
  • 292 – provinces
  • 4 – chief commissioner’s provinces
  • 93 – Princely state

Seats were allotted in proportion to the population

Elections were conducted by proportional representation by means of single transferable vote

Representatives of princely states were nominated by their respective heads of princely states

Seats were decided among the three principal communities

  1. General (other than Sikhs and Muslims)
  2. Muslims
  3. Sikhs

Committees of Constituent Assembly

Major Committees

  • Union powers committee : Jawaharlal Nehru
  • Union Constitution committee : Jawaharlal Nehru
  • States committee : Jawaharlal Nehru
  • Drafting committee : Dr. Ambedkar
  • Rules of procedure committee : Dr. Rajendra Prasad
  • Provincial Constitution committee : Sardar Patel
  • Advisory committee on Fundamental rights and minorities : Sardar Patel
  • Fundamental rights Sub-committee : J B Kripali
  • Minorities sub-committee : H C Mukherjee

Minor Committees

  • Committee on functions of constituent assembly : GV Mavnankar
  • Order of Business committee : K M Munshi
  • House committee : Pattabi Sitaramayya
  • Flag committee : Dr. Rajendra Prasad
  • Finance and staff committee : Dr. Rajendra Prasad
  • Committee on Chief commissioners provinces : Pattabi Sitaramayya

 

Constitution

Composition

  • Original constitution
  • Preamble
  • 395 Articles
  • 22 Parts
  • 8 schedules

Provisions Borrowed

  • Government of India Act 1935
  • Public Service Commission
  • Emergency provisions
  • office of the governor
  • Judiciary
  • Federal Structure
  • Australian Constitution
  • Concurrent list
  • Joint sitting of the houses
  • Freedom of Trade, commerce and intercourse
  • British Constitution
  • Parliamentary form of government
  • Bicameral system
  • Cabinet system
  • Legislative procedure
  • Single citizenship
  • Rule of law
  • Parliamentary privileges
  • Canadian Constitution
  • Federal form of government
  • Residuary powers on the centre
  • Advisory jurisdiction of the Supreme court
  • French Constitution
  • Republic
  • Liberty, equality and fraternity in the preamble
  • Irish Constitution
  • Directive principles of state policy
  • Procedure of President election
  • Nomination system of Rajya sabha
  • Japanese Constitution
  • Procedure established by law
  • South African Constitution
  • Election procedure of Rajya Sabha members
  • Procedure for amendment of the constitution
  • Soviet Constitution
  • Fundamental duties
  • Social, economic and political justice in the Preamble
  • US Constitution
  • Fundamental rights
  • Independent judiciary
  • Impeachment procedure of President
  • Procedure for removal of Vice-president
  • Procedure for removal of Supreme court and High court judges
  • Judicial review
  • Weimar Constitution (Germany)
  • Suspension of Fundamental rights during emergency

Preamble

Background

  • Literally means “Preface of the constitution”
  • Created based on the “objectives resolution” by Pandit Nehru

Important Facts

  • Preamble is non-Justiciable(not enforceable in any court)
  • Elements in Preamble cannot be altered under article 368
  • As per supreme court preamble is a part of constitution
  • 42nd constitution amendment act of 1976 added three words to the preamble
  1. Socialist
  2. Secular
  3. Integrity

Elements of Preamble

Sovereign

  • India is an independent state
  • no one can exercise authority over it
  • India is neither a dependency nor a Domain of any other nation

Socialist

  • Added by 42nd amendment act of 1976
  • India follows Democratic Socialism
  • Means of production and distribution are owned and regulated by both state and public
  • mixed economy is a feature of democratic socialism
  • Indian socialism is a blend of Marxism and Gandhism

Secular

  • Added by 42nd amendment act of 1976
  • no national religion for the country
  • all religions have same status and support from the state

Justice

  • Three forms of Justice
  1. Social Justice
  • no discrimination in social factors such as race, religion, caste
  1. Political Justice
  • equal access to political offices
  • equal voice in government
  1. Economic Justice
  • equal opportunities for economic growth
  • ensured through Fundamental rights and DPSP

Equality

  • equal opportunities for all individuals without discrimination
  • Three forms
  1. Civic equality
  • ensured through fundamental rights
  1. Political equality
  • Article 325
  • Article 326
  1. Economic equality
  • DPSP

Liberty

  • Freedom of
  • Thought
  • Expression
  • belief
  • Faith
  • worship
  • Ensured through fundamental rights

Fraternity

  • Brotherhood (Friendship and mutual support)
  • assures
  • dignity of the individual unity and integrity of the nation
  • is ensured through
  • Single citizenship
  • Article 1 Union of state
  • Article 51 A of Fundamental duties

Democratic

  • India follows “Representative Parliamentary democracy”
  • It is an Indirect form of democracy
  • people elect representatives to exercise the functions of government
  • Executive is responsible to the legislature for all its policies and actions
  • Features of democracy
  • Universal Adult Franchise
  • Independent Judiciary
  • Rule of law
  • Periodic elections

Republic

  • Political sovereignty is vested on people
  • Head of the state is President
  • President of India is elected Indirectly
  • All public offices are opened to public without any class discriminations

Unions and Its Territory Part I

Article 1

  • “India, that in Bharat, shall be a Union of states”
  • States have no right to secede from the union
  • Classification of Indian territories
  1. Territories of state
  2. Union territories
  3. Territories acquired by India
  4. specified in the First Schedule

Article 2

  • Parliament can admit or establish new states

Article 3

  • Parliament can
  • form a new state by
  • uniting two or more states or parts of states separation of territory from any state uniting any territory to a part of any state
  • increase the area of any state
  • diminish the area of any state
  • alter the boundaries of any state
  • alter the name of any state
  • Procedure of bill
  • Step 1 : Bill is sent to the concerned state to express its views within a specified period
  • Opinion of the state is not blinding in nature
  • President may accept or reject the opinion
  • Step 2 : Bill is introduced in the Parliament after the recommendation of president
  • bill can be introduced in either House of parliament
  • Step 3 : Finally the bill is passed by simple majority

 

 

Commissions State Formation

Dhar Commission

  • Linguistic Provinces Commission 1948
  • Chairman : SK Dhar
  • To find possibilities to recognize the States on linguistic basis
  • Report recommended to recognize the states based on ease of administration

JVP Committee

  • Linguistic Provinces Committee 1948
  • to find possibilities to recognize the states on linguistic basis
  • Members
  • Jawaharlal Nehru
  • Vallahbhai Patel
  • Pattabhi Sitaramayya
  • This report also rejected the state formation on linguistic basis

Fazl Alr Commission

  • States Reorganization Commission 1953
  • Members
  • Fazl Ali (chairman)
  • KM Panikkar
  • HN Kunzru
  • Accepted state formation on linguistic basis but not as a rule factor
  • Suggested the abolition of four part classification of states (part a, b and c or d)
  • Suggested creation of 16 states 3 Centrally administered territories

Citizenship Part II

Article 5

  • Every person domiciled in India territory are citizens of India if
  1. born in the territory of India
  2. either of his parents was born in the territory of India
  3. ordinarily resident in the territory on India for not less than five years

Article 6

  • Persons migrated from Pakistan to territory of India are citizens of India if
  1. he or either of his parents or any of his grandparents was born in India
  2. migrated before 19 July, 1948 and an ordinary citizen from migration
  3. migrated on after 19 July, 1948 and registered as a citizen of India by a Government officer

Article 7

  • A person is not citizen of India if
  • migrated to Pakistan after the first day of March, 1947

Article 8

  • Persons is not a citizen of India if
  • he has been registered as a citizen of India by the diplomatic or consular representative of India

Article 9

  • A person is not a citizen of India if
  • he has voluntarily acquired the citizenship of any foreign state

Article 10

  • Every person is a citizen of India under the provisions of any law made by Parliament

Article 11

  • Parliament has powers to make any provisions with respects to
  • the acquisition and termination of citizenship all other matters relating to citizenship

Acquisition of Citizenship (Citizenship Act 1955)

Citizenship by birth

  • Every person can acquire citizenship by birth if
  1. born on or after the 26 January 1950
  • But before the 1st of July 1987
  1. born on or after the 1st of July 1987
  • But before the commencement of the citizenship Act, 2003
  • and either of whose parents is a citizen of India at the time of his birth
  1. born after the commencement of the citizenship Act 2003 if
  • both of his parents are citizens of India
  • one of whose parents is a citizen of India and the other is not an illegal migrant

Cannot acquire citizenship by birth if

  • parents are envoys or foreign diplomats
  • Parents are enemy aliens

Citizenship by Naturalisation

  • citizenship by naturalisation is granted if
  1. the person is not an illegal migrant
  2. the person satisfies the qualifications for naturalisation under the provisions of the Third Schedule
  3. The person has rendered distinguished service in the fields of science, philosophy, art, literature, world peace or human progress

Citizenship by Incorporation of territory

Citizenship by Descent

  • Person born outside India shall be a citizen of India if
  1. born on or after 26th January, 1950 but before 10th Dec 1992, If his father is a citizen of India
  2. born on or after 10th Dec 1992, If either of his parents is a citizen of India at the time of his birth

Citizenship by Registration, If

  • Person is of Indian origin and is a resident in any country or place outside undivided India
  • Person is of India origin and resided in India for seven years
  • they are minor children of persons who are citizens of India
  • person is of full age and capacity whose parents are registered as citizens of India
  • persons either of his parents was earlier citizen of independent India, and resided in India for one year
  • person is registered as an overseas of India for five years, and resided in India for 1 year