Chapter 5 - Union and its territories Article 1 to 4 under part 1 Deals with Union and its territory Article 1 describes India that is Bharat as a union of States rather than a Federation of states. Union of States has been preferred to Federation of states- Two reasons - Indian Federation is not the result of an agreement among the states. States have no right to secede from the Federation. Article 1 territory of India can be classified into three categories- Territory of the states union territories A territory that may be acquired by the government of India at any time. Names of state and union territories and their territorial extent mentioned in the first schedule. Presently 28 States and nine union territories Territory of India is a wider expression then Union of India because Territory of India also includes Union territories and territories that may be acquired by government of India at any future time. Being Sovereign India can acquire foreign ...
Making of the Constitution
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Demand for a constituent assembly
First time in 1934 by MN Roy (Pioneer of communist movement in India)
In 1935 Indian National Congress officially demanded
Finally accepted by British government in August offer of 1940.
1942 sir Stafford Cripps Draft proposal of British government
Rejected by the Muslim League
Finally a cabinet Mission sent to India.
Put forth a scheme for constituent assembly.
Composition of the constituent assembly
Constituted in November 1946
Features of the scheme
Total strength to be 389
Of these 296 seats to British India and 93 seats to princely States.
Out of 296, 292 are to be drawn from 11 Governor provinces and 4 from 4 Chief commissioners.
Seat alloted in proportion to their respective population.
A representative of each Community elected by member of that community in the provincial legislative assembly. Voting by method of proportional representation by means of single transferable vote.
The representative of princely state to be nominated by heads.
Constituent assembly was to be a partially re-elected and partially nominated.
Election to constituent assembly held in July to August 1946
Indian National Congress won 208 seats
Muslim League 73 seats small groups 15 seats
Princely state did not participate
Working of the constituent assembly.
First meeting on December 9 1946
Muslim League boycotted meeting
Only 211 members
Dr. Satchidananda Sinha oldest member elected as temporary president(French practice)
Dr. Rajendra Prasad later elected as president.
Both HC mukherji and VT. Krishnamacharya elected as vice presidents.
Objective resolution
December 13, 1946 nehru moved historical objective resolution
Resolution unanimously adopted by assembly on Jan 22, 1947
Its modified version forms the preamble
Changes by Independence Act
Princely States Representatives joined it
After the acceptance of mountbatten plan of June 3 1947
Members of Muslim League from Indian Dominion also entered
Following 3 changes takes place-
1) Assembly made fully Sovereign body
2) Assembly also became a legislative body. So two functions.
One is making of the Constitution.
Another is enacting of ordinary laws.
Assembly as constituent Body chaired by dr. Rajendra Prasad
Assembly as legislative body chaired by G v mavlankar
These two function continue till November 26 1949
3) Muslim League member withdrew from constituent assembly for India.
Total strength Came down to 299.
British Province 229 princely States 70
Other functions performed
Ratified India's membership of Commonwealth in May 1949
Adopted national flag on July 22 1947
Adopted national anthem on January 24 1950
Adopted national song on January 24 1950
Elected. Dr. Rajendra Prasad as first President of India on January 24 1950
Constituent assembly had 11 seasons over 2 years 11 months and 18 days.
Visited 60 countries
Draft Constitution considered for 114 days.
Total expenditure 64 lakh
On Jan 24 1955 final session
Continued as provisional Parliament from Jan 26 1915 till first general election 1951 to 52.
Committees of the constituent assembly
Major committees
Union Constitution committee- Jawaharlal nehru
Union power committee- Jawaharlal nehru
Provincial Constitution committee- Sardar Patel
drafting committee- Dr. Br ambedkar
Advisory committee on fundamental rights minorities and tribal and excluded areas- Sardar Patel
This committee had following five sub committee-
1) Fundamental rights subcommittee- JB. Kripalani
2) Minorities subcommittee- HC Mukherjee
3) North East Frontier tribal areas and Assam( excluded and partially excluded areas) subcommittee- gopinath bardoloi.
4) Excluded and partially excluded areas Other than those in Assam subcommittee- A V Thakkar
5)Northwest Frontier tribal areas subcommittee
Rules of procedure committee- Dr. Rajendra Prasad
States committee- Jawahar Lal nehru
steering committee- Dr. Rajendra Prasad
Minor committee
Finance and staff committee. Dr. Rajendra Prasad
Credential committee- Alladi krishnaswamy iyer
House committee- p sitaramayya
Order of business committee- Dr KM munshi
Ad hoc committee on the national flag- Dr. Rajendra Prasad
Committee on the function of the constituent assembly GV mavalankar
Ad hoc committee on the Supreme Court- S Varadachari(Not an constituent assembly member)
Committee on Chief commissioner provinces- BP sitaramayya
Expert committee on the financial provisions of the Union Constitution- Nalini ranjan sarkar( Not an assembly member)
Linguistic provinces commission- SK Dhar (not an assembly member)
Special committee to examine the draft Constitution- Jawaharlal nehru
Press Gallery committee- Usha nath sen.
Ad hoc committee on citizenship- S varadachari(not an assembly member)
Drafting committee
Set up on August 29 1947.
Task of preparing our draft of new constitution Seven members
Dr. BR ambedkar (chairman)
N gopalaswamy Ayyangar
Alladi krishnaswamy ayyar
Dr KM Munshi
Syef Mohammad saadullah
N madhava (replaced BL mitter who resigned due to ill health)
TT krishnamacharya (replaced DP. Khaitan who died in 1948)
Prepared first draft In February 1948
Eight months to discuss and propose amendments.
Second draft published in October 1948
Drafting committee took less than six months to prepare its draft only sat for 141 days.
Enactment of the Constitution
Dr. BR ambedkar introduced final draft in assembly on November 4 1948 (first reading )
General discussion on it for five days till November 9 1948
Second reading Clause by Clause, November 15 1948 to October 17 1949
7653 amendments were proposed and 2473 were actually discussed in the assembly.
Third reading November 14 1949
B R ambedkar moved a motion
Declared as passed on November 26 1949 received signatures of members and the president out of total 299 Only 284 were actually present.
And signed the Constitution
The Constitution as adopted on November 26 1949 contained a preamble 395 articles and 8 schedules.
Preamble enacted after entire Constitution was enacted
BR ambedkar father of the Indian constitution
Enforcement of the Constitution
Some provisions Covered in Article 5 6 7 8 9 6324 366 367 379 383 8 391 392 and 393 came into force on November 26 1949 itself
Remaining Provisions came into force on January 26 1950 Date of its commencement and celebrated as Republic Day.
Jan 26 specifically chosen Of its historical importance In 1930 Purna swaraj day was celebrated.
By a resolution of Lahore season of the Indian National Congress
The abolition of privy council jurisdiction act 1949 was however continued
Experts Committee of the Congress
During election or to constituent assembly.
Indian National Congress appointed an expert committee for purpose of preparing materials for the constituent assembly.
Consisted of-
Jawaharlal nehru (Chairman)
M Asif Ali
K M Munshi
N gopalaswamy ayyanger
KT shah
Dr. Gadgil
Humayun kabiryK santhanam
Later, Krishna kriplani co-opted as member.
2 sitting-
first at New Delhi From July 20 to 22 1946
And second at Bombay from August 15 to 17 1956.
Criticism of the constituent assembly
Not a representative body.
Not a sovereign body.
Time-consuming
Dominated by Congress
Lawyer politician domination
Dominated by Hindus
Important facts
Elephant adopted as symbol of the constituent assembly
Sir B N rao appointed as constitutional advisor.
HVR Iyenger was the secretary to the constituent assembly.
SN Mukherjee chief draftsman of the Constitution
Prem bihari Narayan raizada- Calligrapher of Indian constitution
(Original Constitution and written by him in flowing italic Style)
Beautified and decorated by artists from Santiniketan including nandalal bose and Beohar Rammanohar sinha.
Original Preamble illuminated and beautified by Beohar RamManohar Sinha calligraphed by Prem bihari Narayan raizada.
Calligraphy of Hindi version by was done by vasant krishan vaidya
And decorated by nandalal Bose
Hindi text of the Constitution
58th Constitutional Amendment Act of 1987
Inserted a new article 394-A in last part XII
Contains following provision
President shall cause to be published under his authority translation in Hindi language modification where necessary
To bring it in Conformity with language style and terminology.
All Amendments of Constitution made before such publication should be incorporated in it.
Translation in Hindi of every Amendment of the Constitution made in English
Translation of the Constitution and its every Amendment published shall be construed to have the same meaning as original text in English.
If any difficulty president shall cause the Hindi text to be revised suitably.
Translation of Constitution and its every Amendment published shall be deemed to be for all purposes its authoritative texts in Hindi.
Salient features of the Constitution 1) Lengthiest written Constitution Originally a preamble 395 articles in 22 parts and 8 schedules Presently 470 articles in 25 parts and 12 schedules 4 parts(IVA IXA IXB and XIVA) added and deleted part VII 20 articles deleted and added 95 articles Factors responsible Geographical Factor Historical Factor Single Constitution Dominance of legal luminaries 2) Drawn from various sources 3) Blend of rigidity and flexibility Rigid Constitution- Special procedure for its Amendment Flexible Constitution- Amended in simple way by ordinary laws Article 368 provides two types of amendments - • Some Provisions by special majority of Parliament ie, Two-third majority of member of each house present and voting and a majority of total membership of each house. • Some other Provisions amended by a special majority of parliament with ratification by half of the total St...
Chapter 1 Environment Place people things and nature that surround any living organisms is called environment. Combination of natural and human-made phenomena Natural environment refers to both biotic and abiotic conditions Natural environment Land water air plants and animals comprise the natural environment Major domains of Earth with a sphere Lithosphere Hydrosphere Atmosphere Biosphere What is ecosystem? All plants animals and human beings depend on their immediate surrounding. Also interdependent on each other this relation between living organisms as well as relation between the organisms and their surrounding form an ecosystem. Example large rain forest grasslands desert mountains Lake River ocean And even a small pond. Human environment Human being interact with environment and modify it according to their need. Early humans adapted themselves to the natural surroundings Led simple life and fulfilled the requirements from the nature around them. A pe...
chapter 7 Our country India Area of about 3.28mn sq km North South Extension- 3,200 kilometer East West extension- 2,900 kilometer Second most populous country of world after China Locational setting India located in northern hemisphere Tropic of cancer Passes halfway North to south- Latitudinal extent- 37°6' N- 8°4' N West to east- Longitudinal extent- 68°7' E - 97°25' E Standard Meridian of India 82° 30' east Sri Lanka is separated from India by the Palk Strait Delhi national capital Rajasthan largest state Goa smallest state Physical division Physical features Such as mountains, plateaus, planes, coastal Islands Himalaya(Him + alaya)- The Abode of snow Himalayan Mountains divided into three main parallel ranges- 1) Northernmost great Himalaya or Himadri Worlds highest peak located in this range-Mount Everest 2) Middle Himalaya or Himachal Many popular Hill stations situated 3) Shivalik southernmost range. Northern India...
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