SOURCES AND FRAMING OF INDIAN CONSTITUTION

EVOLUTION/HISTORY OF INDIAN CONSTITUTION

  • Till 1858 India was under the rule of East India Company (EIC) which was ruling by its Governor General and Council. 
  • In 1858 British Government overtook the control of the territory from EIC after our unsuccessful attempts of 1857. 
  • Then, Indian Council Act, 1861 was passed to bring about some changes in council but Indians still didn't got any place in them. 
  • In 1885, Indian National Congress (INC) was established with a purpose to draft the Constitutional design of India under British Government. 
  • Several presentation were made but not much attention was given to indian people participation in government and to the basic rights of Indians. 
  • The Indian Council Act, 1892 was passed which made some provisions for participation of Indian in legislative council but not in executive. This left the people unsatisfied. 
  • To pacify people, in 1909 an act was passed popularly known as Minto-Morley Reforms. It made changes in composition and power of legislative council, though executive council is still remain untouched. 
  • Minto-Morley Reforms were encountered with several criticism over thier drawback and thus resulted in The Government of India Act, 1919.
  • The Government of India Act, 1919 also suffers major drawbacks due to the denial of self government again by giving overriding powers to executive. Moreover jalianwala bagh incident and other instances leads to the failure of the said act, which give rise to the enactment of THE GOVERNMENT OF INDIA ACT, 1935. 
  • After the declaration of  world war II, congress ministers resigns. Coming into operation the federal part of Constitution was indefinitely postponed. Muslim league also passed it 'Pakistan Resolution' at Lahore. Seeing pressure of war British government try to reach some understanding and thus appointed Sir Stafford Cripps in 1942 to settle the matter with direct negotiations with indian political parties and communities (Cripps mission).
  • Cripps mission was an ultimate failure due to certain factors such as complete opposition from muslim league etc
  • In August 1942, All India Congress passed the 'Quit India' resolution demanding complete freedom. 
  • In 1945, Lord Wavell, announced the Wavell plan in which he announced his proposal at the conference in shimla to make his council purely an indian council except the viceroy and commander-in-chief. No agreement was reached, thus the proposal was failure. 
  • In 1945 some important developments took place. War ended and labor party came into power in Britain. Labor party was in the favour of Indian independence. 
  • Lord Pethick Lawrence, the then secretary of state, announced on February 19, 1946 that cabinet mission is coming to India consisting of himself, Sir Stafford Cripps and A.V. Alexander to settle to constitutional issues in India. (Cabinet mission plan)
  • No final agreement was reached due to the demand of Muslim league for partition. It draw up a plan of 'direct action' and 16 august 1946 was observed as the 'Direct Action Day'. As result lots of violence spread. 
  • Congress also refused the the grouping of provinces as proposed in the plan although it accepted to participate in the constituent assembly. 
  • Government under the leadership of Pandit Jawaharlal Nehru was formed in which muslim league first refused to participate but afterwards it send its representative to the government. However govt was not able to work efficiently due to the non cooperation of Muslim league. 
  • In March 1947, Lord Mountbatten replaces Lord Wavell as the viceroy of India. Lord Mountbatten on the basis of the statement made by Lord Atlee, in the house of common in Feb 1947, announced that the only solution for the problems prevailing in India is partition.
  • Finally the constituent assembly was divided into two parts namely India and Pakistan based on the territorial division.
  • Final shape was given to the Mountbatten plan by enacting Indian Independence Act, 1947 which got the Royal assent on 18 July, 1947. 
  • The Act divided the Indian Union into two independent dominions. Provinces were given the freedom to choose either of two or be independent. Legislature of both the dominions were given full sovereign powers and all the paramountcy of the British Crown over the Indian states lapsed. 
  • The act came into force on 15 August 1947 and end the 182 years old British Rule in the country. Lord Mountbatten himself was the first Governor General of free India. 
  • The act made the constituent assembly, already elected in 1946, as a sovereign body. First meeting of constituent assembly was held on 9 December 1946.
  • On 13, December 1946, Pandit Jawaharlal Nehru move the objective resolution for the constitution which was highly praised by the members of constituent assembly and apart from reflecting in whole of the constitution, the objective resolution secure the special place in the Preamble. 
  • For efficient and effective conduct, several committees were formed. 
  • The assembly finally adopted the draft Constitution om 26 November 1949, on the day when some provisions came into force, and rest of the constitution came into force on 26 January 1950, which is also known as the day of the commencement of the constitution. 

MAJOR SOURCES OF INDIAN CONSTITUTION: 

1. UNITED STATES OF AMERICA 
  • Fundamental rights
  • Seperation of power between three branches of government
  • Independence of Judiciary
  • Judicial review
  • Functions of President and vice president
  • President as the supreme commander of armed forces.
  • Impeachment of the president and removal of judges. 
  • Preamble 
  • Federal structure of the constitution
  • Electoral college 
  • Equal protection of law
2. BRITAIN (UK)
  • Parliamentary form of government
  • Rule of law
  • The idea of single citizenship
  • Writs 
  • Institution of speaker and its role 
  • Legislative procedure (law making procedure) 
  • Parliamentary privileges
  • Bicameralism
3. CANADA 
  • Federation with a strong center - Quasi federal form of government. 
  • Residuary powers of the centre
  • Distribution of powers between centre and state. 
  • Power of the centre to appoint Governors
  • Advisory jurisdiction of the Supreme Court.
4. IRELAND
  • Directive Principles of State Policy (DPSP)
  • Procedure for nomination of members to the Rajya Sabha.
  • Methods of election of President. 
5. FRANCE
  • Idea of liberty, equality and fraternity
  • Concept of 'Republic' 
6. AUSTRALIA
  • Freedom of Trade and commerce within country, between the states. 
  • Provisions of concurrent list.
  • Joint sitting of both houses of parliament. 
7. Germany
  • Emergency power to be enjoyed by union.
  • Suspension of fundamental rights during emergency.
8. South Africa
  • Procedure for amendments.
  • Procedure for the elections of members of Rajya Sabha. 
9. USSR (RUSSIA)
  • Fundamental duties
  • Ideals of social, economic and political justice
  • A constitutionally mandated planning commission. 
10 . JAPAN
  • Procedure established by law.
11. Government of India Act, 1935
  • Federal scheme 
  • Emergency provisions
  • Office of the governor
  • Judiciary 
  • Public service commission
  • Administrative details





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