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A C T I V I T Y the Path to Constitution Onstitution

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A C T I V I T Y the Path to Constitution Onstitution 3.3 MAKING OF THE INDIAN CONSTITUTION Like South Africa, India’s like. Much of this consensus had Constitution was also drawn up evolved during the freedom struggle. under very difficult circumstances. Our national movement was not The making of the constitution for a merely a struggle against a foreign huge and diverse country like India rule. It was also a struggle to VallabhbhaiVallabhbhaiVallabhbhai was not an easy affair. At that time rejuvenate our country and to Jhaverbhai Patelatelatel the people of India were emerging transform our society and politics. (1875-1950) born: Gujarat. from the status of subjects to that There were sharp differences of Minister of Home, of citizens. The country was born opinion within the freedom struggle Information and through a partition on the basis of about the path India should take Broadcasting in the Interim religious differences. This was a after Independence. Such Government. Lawyer and leader of Bardoli peasant traumatic experience for the people differences exist even today. Yet satyagraha. Played a of India and Pakistan. some basic ideas had come to be decisive role in the Atleast ten lakh people were killed accepted by almost everyone. integration of the Indian on both sides of the border in As far back as in 1928, Motilal princely states. Later: partition related violence. There was Nehru and eight other Congress Deputy Prime Minister. All sketches by Rajeev Kumar another problem. The British had leaders drafted a constitution for left it to the rulers of the princely India. In 1931, the resolution at the states to decide whether they Karachi session of the Indian wanted to merge with India or with National Congress dwelt on how Pakistan or remain independent. independent India’s constitution The merger of these princely states should look like. Both these was a difficult and uncertain task. documents were committed to the When the constitution was being inclusion of universal adult franchise, Abul Kalam Azad written, the future of the country did right to freedom and equality and to (1888-1958) not look as secure as it does today. protecting the rights of minorities in born: Saudi Arabia. Educationist, author and The makers of the constitution had the constitution of independent India. theologian; scholar of anxieties about the present and the Thus some basic values were Arabic. Congress leader, future of the country. accepted by all leaders much before active in the national the Constituent Assembly met to movement. Opposed Muslim separatist politics. ACTIVITYdeliberate on the Constitution. Later: Education Minister in The familiarity with political the first union cabinet. institutions of colonial rule also Speak to your grandparents or some other elders helped develop an agreement over in your locality. Ask them if they have any memory the institutional design. The British of partition or independence or the making of the rule had given voting rights only to constitution. What were their fears and hopes a few. On that basis the British had about the country at that time? Discuss these in introduced very weak legislatures. the classroom. Elections were held in 1937 to Provincial Legislatures and TTT.T.T.T.Krishnamachari TTThe papahe th ttth o CCo onstitutiononstitutiononstitution Ministries all over British India. (1899-1974) Despite all these difficulties, there These were not fully democratic born: Tamil Nadu. was one big advantage for the governments. But the experience Member, Drafting makers of the Indian Constitution. gained by Indians in the working of Committee. Entrepreneur Unlike South Africa, they did not the legislative institutions proved to and Congress leader. Later: Finance Minister in the have to create a consensus about be very useful for the country in Union Cabinet. what a democratic India should look setting up its own institutions and CONSTITUTIONAL DESIGN 45 working in them. That is why the called the Constituent Assembly. Indian constitution adopted many Elections to the Constituent institutional details and procedures Assembly were held in July 1946. Its from colonial laws like the Government first meeting was held in December of India Act, 1935. 1946. Soon after, the country was Years of thinking and deliberation divided into India and Pakistan. The on the framework of the constitution Constituent Assembly was also had another benefit. Our leaders divided into the Constituent Assembly Rajendra Prasad gained confidence to learn from of India and that of Pakistan. The (1884-1963) born: Bihar. other countries, but on our own Constituent Assembly that wrote President of the Constituent terms. Many of our leaders were the Indian constitution had 299 Assembly. Lawyer, known for his role in the inspired by the ideals of French members. The Assembly adopted Champaran satyagraha. Three Revolution, the practice of the Constitution on 26 November times the president of parliamentary democracy in Britain 1949 but it came into effect on 26 Congress. Later: the first and the Bill of Rights in the US. The January 1950. To mark this day we President of India. socialist revolution in Russia had celebrate January 26 as Republic inspired many Indians to think of Day every year. shaping a system based on social Why should we accept the and economic equality. Yet they Constitution made by this Assembly were not simply imitating what more than fifty years ago? We have others had done. At each step they already noted one reason above. The were questioning whether these Constitution does not reflect the things suited our country. All these views of its members alone. It factors contributed to the making of expresses a broad consensus of its Jaipal SinghSinghJaipal our Constitution. time. Many countries of the world (1903-1970) have had to rewrite their born: Jharkhand TTThe CChe onstituenonstituenonstituent AAt ssemblyssemblyssembly Constitution afresh because the A sportsman and Who, then, were the makers of the basic rules were not accepted to all educationist. Captain of the Indian Constitution? You will find major social groups or political first national Hockey team. Founder President of here very brief sketch of some of the parties. In some other countries, the Adivasi Maha Sabha. Later: leaders who played an important Constitution exists as a mere piece founder of Jharkhand Party. role in making the Constitution. of paper. No one actually follows it. The experience of our Constitution is different. Over the last half a ACTIVITYcentury, several groups have questioned some provisions of the Find out more about any member of the Constitution. But no large social Constituent Assembly from your state or region group or political party has ever who is not mentioned here. Collect a photograph questioned the legitimacy of the or make a sketch of that leader. Write a short Constitution itself. This is an unusual H. C. Mookherjee note on him or her, following the same style as achievement for any constitution. (1887-1956) used here: Name (year of birth-year of death), The second reason for accepting born: Bengal. Vice-Chairman of the place of birth (by current political boundaries), the Constitution is that the Constituent Assembly. brief description of political activities; role played Constituent Assembly represented Reputed author and after the Constituent Assembly. the people of India. There was no educationist. Congress universal adult franchise at that leader. Member of All India The drafting of the document called time. So the Constituent Assembly Christian Council and Bengal Legislative the constitution was done by an could not have been chosen directly Assembly. Later: Governor assembly of elected representatives by all the people of India. It was of West Bengal. 46 DEMOCRATIC POLITICS elected mainly by the members of Constituent Assembly worked in a the existing Provincial Legislatures systematic, open and consensual that we mentioned above. This manner. First some basic principles ensured a fair geographical share of were decided and agreed upon. Then members from all the regions of the a Drafting Committee chaired by Dr. country. The Assembly was B.R. Ambedkar prepared a draft dominated by the Indian National constitution for discussion. Several G. DurDurG. gabai Deshmukh Congress, the party that led India’s rounds of thorough discussion took (1909-1981) freedom struggle. But the Congress place on the Draft Constitution, born: Andhra Pradesh. itself included a variety of political clause by clause. More than two Advocate and public activist groups and opinions. The Assembly thousand amendments were for women’s emancipation. Founder of Andhra Mahila had many members who did not considered. The members Sabha. Congress leader. agree with the Congress. In social deliberated for 114 days spread over Later: Founder Chairperson terms too, the Assembly represented three years. Every document of Central Social Welfare members from different language presented and every word spoken in Board. groups, castes, classes, religions the Constituent Assembly has been and occupations. Even if the recorded and preserved. These are Constituent Assembly was elected called ‘Constituent Assembly by universal adult franchise, its Debates’. When printed, these composition would not have been debates are 12 bulky volumes! These very different. debates provide the rationale behind Finally, the manner in which the every provision of the Constitution. Constituent Assembly worked gives These are used to interpret the sanctity to the Constitution. The meaning of the Constitution. Read the information about all the makers of the Indian Constitution given in the side columns here. You don’t need to memorise this information. Just give examples from these to support the following CHECK statements: 1. The Assembly had many members who were not with the Congress YOUR 2. The Assembly represented members from different social groups PROGRESS 3. Members of the Assembly believed in different ideologies 3.4 GUIDING VALUES OF THE INDIAN CONSTITUTION In this book we shall study the Let us turn to these, one by one. exact provisions of the Constitution on different subjects.
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