how was the constitution of india framed?
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how was the indian constitution framed?
The highest position in India is that of the Indian Constitution. The Government, the Supreme Court, the President, the Prime Minister, no one is above that. Everything has to work within its ambit.
Efforts were already being made for independence to frame the present Constitution of
India. In fact, the English government knew that they would have to leave India soon. That is why he started working to make the Constitution of India. We all need to know how the Constitution of India was formulated (Bharat ke samvidhan ka nirman kaise kaise hua)."
the cabinet mission of 1946 had first recommended the establishment of a constituent assembly to draft a new constitution for india and elections were held in july 1946, after which there were 389 members in the constituent assembly, however, it was later reduced to 299 as the english government had formed a separate constituent assembly for pakistan. but the powers of this constituent assembly created by the english government were limited, but it was the british who, by the indian independence act of 1947, gave the constituent assembly the right to make laws for india, but only until the constitution of india was framed.
dr. rajendra prasad was elected permanent president of the constituent assembly in the first meeting of the constituent assembly held in 1946.
a few days later, jawaharlal nehru moved the objective resolution for the constitution, which was unanimously accepted by the constituent assembly.
On August 29, 1947, the Constituent Assembly constituted a Drafting Committee under the chairmanship of Dr. Bhim Rao Ambedkar to prepare the Constitution of independent India. Dr. Ambedkar was a very qualified constitutionalist and was knowledgeable of all the laws, so he was made the Chairman of the Drafting Committee.
Mr. B. N. Rau, who was not a member of the Constituent Assembly but was working as a Constitutional Advisor, had prepared a preliminary level draft for the Drafting Committee of the Constituent
Assembly.
There was no foreigner in the Constituent Assembly, there was no foreigner even in the role of an advisor to the Constituent
Assembly. Indians had believed in themselves in the making of their own Constitution, which was an important event according to the period of that time.
The draft Constitution was published in January 1948 and it was set aside a time of eight months to give opinion to the people of India and discuss the amendments based on that
opinion.
The members of the Constituent Assembly had decided that they would frame the Constitution by consensus and not by a
majority. The drafting committee headed by Dr. Ambedkar wrote the Constitution of India after reading the constitutions of many countries of the world.
The Drafting Committee received a total of 7,635 amendments, of which 2,473 were actually discussed and
decided. This whole process, in which every single line of the Constitution was discussed a lot, is itself an example of India's democratic tradition.
The Constituent Assembly took a total of 2 years, 11 months and 17 days to complete the work of drafting the Constitution of
India. 11 sessions were held in a total of 165 days.
the greatest influence in this constitution is the government of india act, 1935. about 250 articles have been taken from this act.
this newly-drafted constitution of india was the collective result of the struggle of the available wisdom and national movement of the entire
country.
although the constituent assembly had studied the constitutions of all the countries of the world to make the constitution of india, but the constitution of these 10 countries has been taken from the constitutions of these 10 countries-
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there is a general perception about the constitution of india that it has been copied from other constitutions of the world but this is not entirely true. the constituent assembly has chosen provisions from the constitutions of the important countries of the world, but has also made sweeping changes in them, changing them to suit the indian needs.
the constituent assembly finally adopted the constitution of india on november 26, 1949. today we know this day as constitution day.
there are 448 articles in the constitution of india with a preamble.
there are 12 schedules, and 5 appendices. so far, it has been revised 104 times.
after the full formation, the constitution of india came into force from january 26, 1950.
today we make this day as a loud noise as republic day. on this day, after the constitution of india was made, the constituent assembly ceased to exist. this constituent assembly itself was converted into the provisional parliament of india and all the members became members of the provisional parliament of india. these people held this post until india's first elected parliament was formed in 1952.
The Indian Constitution continues to exist like a living document even after 70 years of independence. The Indian judiciary is continuously developing the process of constitutional interpretation.
Preamble to the Constitution of India – Preamble in Hindi |
establishment of the constituent assembly
setting up of constitution drafting committee
the main elements of the constitution taken from these 10 countries
- United States of America (USA) - Fundamental rights written in the Constitution, judicial review, supremacy of the Constitution, independence of the judiciary, impeachment of the President-elect and his impeachment, the law and financial emergency to remove the Vice President, Judges of the Supreme and High Courts, the independence of the judiciary are taken from the United States of America.
- Britain – The Constitution of India takes from the UK the parliamentary system of governance, the single citizenship and law-making process, the rule of law, the cabinet system, the lices of the libel, the parliamentary privilege and the bicameralism.
- Ireland (Ireland) - The Directive Principles of Policy, the arrangement of the Presidential Electoral College, the summoning of persons by the President to the Rajya Sabha in the field of literature, art, science and social service, etc., are derived from the Constitution of Ireland.
- Australia – The language of the Preamble of the Constitution, the provision of the Concurrent List, the relationship between the Centre and the State and the division of powers, the joint sitting of both houses of trade and commerce and Parliament have been added from the Constitution of Australia to the Indian Constitution.
- Germany - The fundamental rights of the President during the Emergency have been taken from the Constitution of Germany, the change of fundamental rights at the time of emergency has been derived from Germany.
- South Africa – The procedure provision for constitutional amendment, the election of members to the Rajya Sabha is derived from the Constitution of South Africa.
- Canada – Things like federal features, residual powers with the Centre, appointment of state governors by the Centre and the supreme court's consultation of adjudication have been derived from the Constitution of Canada.
- Soviet Union – In the 50s, today's Russia was the Soviet Union which broke up into several nations in 1991. The provision of fundamental duties, the basic duties and the ideal of justice (social, economic and political) in the Preamble were taken from the Soviet Union.
- Japan - The procedure established by the method is taken from Japan.
- France – The principle of the ideal of freedom, equality, fraternity in the Preamble is derived from France.
today's indian constitution
preamble to the indian constitution
we, the people of india, to make india a sovereign, socialist, secular, democratic republic and to all its citizens:determined to provide social, economic and political justice, freedomof thought, expression, belief, religion and worship, equality of dignity and opportunity and to increase fraternity in all of them that ensures the dignity of the individual and the unity and integrity of the nation, today, 26th november, 1949, in this constituent assembly, "miti marg shikhar shukla saptami, samvat adopts, enacts and adopts this constitution bymeans of two thousand six vikrami).
some interesting things about the constitution of india
- the constitution of india is written with one hand. the draftwriting committee had hindi, handwritten and caligraphed in english and did not include any typing or printing.
- in the preamble of the constitution, a picture of rama chandraji has been made as a vision of ram rajya in line with the creation of the india of gandhiji's dreams.
- every page of the indian constitution has been decorated with paintings by acharya nandlal bose. apart from this, the work of decorating its preamble page has been done by ram manohar sinha. he was a disciple of nandlal bose.
- the indian constitution is the longest written constitution in the world. it is divided into 25 parts, with 448 paragraphs and 12 schedules. its english version has a total of 117,369 words.
- the indian constitution currently has 465 articles, and 12 schedules and is divided into 22 parts.
- at that time, the state-of-the-art facilities of printing were not available as it is today and the largest and most equipped printing press at that time was available only with the survey of india or the survey of india at dehradun, so the constituent assembly entrusted this department with the responsibility of discharging this historic responsibility.
- out of the thousand historical copies of the original copy of the original copy of the english and hindi editions of the constitution printed at that time, one copy has been preserved in the library of parliament and another copy has been preserved in the survey of india department of dehradun even today.
- the total number of members of the constituent assembly was fixed at 389, out of which 292 were the representatives of the british provinces, the pantinidhi of the 4 commissionerate areas and the pantinidhi of 93 indigenous ryasats. the number was later reduced to 299. hyderabad was the only one whose republic did not join the constituent assembly.
- january 26 was chosen as the day to implement the constitution because it was the anniversary of purna swaraj day.
- the original copy of the constitution of india also has the signatures of 284 members of the constituent assembly, out of which 15 were women. most of the members had signed their signatures in english and some in hindi and abul kalam azad in urdu.
- on january 24, 1950, two days before the constitution came into force, when it was being signed in parliament, there was a barsh and the members of the constituent assembly had described it as auspicious. this was the last sitting of the constituent assembly and on this day, dr. rajendra prasad was also elected as the first president of india by the constituent assembly.
- dr. bhimrao ambedkar, who became the first law minister of india and was also the chairman of the constituent assembly committee, is said to be the father of the indian constitution.
- an interesting thing is that in the beginning, the right to property was also a fundamental right. but in the 44th amendment to the constitution, 1978, this right was removed.
- sarnath, the national symbol of india, which also has lions, ashoka chakras, bulls and horses, was adopted on january 26, 1950.
- the words 'secular' and 'socialist' were added to the preamble by the 42nd amendment act of the constitution in 1976.
- according to the first article of the indian constitution, india is a union of all states and no state has the right to secede from india.
- the constitution of india is considered to be one of the best constitutions in the world.
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