CONSTITUTION:

WHY AND HOW?

Short Q & A

Why Preamble is referred as a preface of the constitution?

The term preamble refers to the introduction or preface of the

constitution, as it declares the aims and objectives of the

Constitution and expresses its "soul and spirit". It reflects the

aspirations of the framers of the Constitution and embodies the

hopes of the people for building a new India which would

guarantee justice, liberty and equality among its citizens.

Briefly explain the role of a constitution.

The Constitution plays an important role in the governance of a

nation.

 It generates trust and coordination

 Specifies and limits powers of government

 Expresses aspirations of the people

 Determines relationship between people and government

What is a Constitution?

Constitution is a supreme law, which establishes the relationship

between the people and the government. It consists of set of rules

that establishes the duties, power and functions of the various

institutions of the government.

How the power is divided among different institutions of the

government?

The division of power among the different institutions of the

government is based on the principle of separation of powers. It is

the doctrine that each branch of government is separate and has

unique powers that the other branches of government may not

interfere with. An attempt was being made by the framers of

Indian Constitution to ensure independence of executive,

legislature and judiciary. Subsequently, each institution was

assigned a specific task, e.g., legislature formulates laws, executive

implements and judiciary interprets.

 Long Q & A

Write a note on an eminent personality, who was not a member

of the Constituent Assembly yet his ideas were incorporated in

the Constituent Assembly.

Mahatma Gandhi was not a member of the Constituent Assembly,

yet his ideas were incorporated in the Constitution.

In the words of Mahatma Gandhi, ‘’ I shall work for an India in

which the poorest shall feel that it is their country in whose

making they have an effective voice; an India in which there shall

be no high class and low class of people; an India in which all

communities shall live in perfect harmony-----’’

 The idea of a constituent assembly was first conceived by

Mahatma Gandhi in 1922. In his words, ‘’ Swaraj will not be

a free gift of the British parliament, it will be a declaration of

India’s full self-expression-----’’’.

 A Constitution was drafted in 1928 by Motilal Nehru, along

with other Congress members.

 Resolution of the 1931 Karachi session of Indian National

Congress was a landmark.

 The outline was provided by the Cabinet Mission Plan, 1946.

 Along with the framing of the Constitution, the Constituent

Assembly had to decide the nature of the state’s structure.

 There was no disagreement regarding the goals to be

achieved, I.e. social justice, unity, integrity and democracy.

The conflict arose on the question of priority to be given to

each goal.

 Constituent Assembly was set up in 1946, with a purpose to

frame the Constitution of India.

The first session was held on Dec 9, 1946. Dr. Rajendra Prasad was

elected as president. Pt. Jawaharlal Nehru introduced Objective

resolution which was passed on Jan 22, 1947 and forms part of the

preamble to the constitution of India. The draft of the constitution

was passed by assembly on Nov 26, 1949. It became effective

from Jan 26, 1950.

“Constituent Assembly was not largely a representative body”.

Comment

In July 1946, the elections of the Constituent Assembly did not take

place on the basis of the universal adult franchise. Most of these

members (93) were nominated by the rulers in the princely states

besides men of eminence from different fields especially those who

had contributed significantly to the Indian National Movement.

The members were indirectly elected by a system of proportional

representation from the provincial legislatures which themselves

had been constituted on the basis of a restricted franchise- about 25

per cent of the adult population. Hence the method of election was

not perfectly democratic and it is not to deny that the Constituent

Assembly was not largely a representative body. Regarding the

composition of the Constituent Assembly, Granville Austin

pointed out that the Constituent Assembly was the Congress and

the Indian National Congress was India.

Write a note on objective resolution.

Pt. Jawaharlal Nehru introduced Objective Resolution in the

Constituent Assembly on Dec 13, 1946 which was subsequently

passed on Jan 22, 1947 and forms a part of the Preamble to the

Constitution of India.

Main points of the Objectives Resolution:

 India is an independent, sovereign, republic

 India shall be a Union of erstwhile British Indian territories,

Indian States, and other parts outside British

India and Indian States as are willing to be a part of

the Union
 Territories forming the Union shall be autonomous units and

exercise all powers and functions of the Government and

administration, except those assigned to or vested in

the Union

 All powers and authorities of sovereign and

independent India and its constitution shall flow from the

people

 All people of India shall be guaranteed and secured social,

economic and political justice; equality of status,

opportunities and equality before law; and Fundamental

right to freedom - of speech, expression, belief, faith,

worship, vocation, association and action - subject to law and

public morality

 The minorities, backward and tribal areas, depressed and

other backward classes shall be provided

adequate safeguards

 The territorial integrity of the Republic and its sovereign

rights on land, sea and air shall be maintained according to

justice and law of civilized nations

 The land would make full and willing contribution to the

promotion of world peace and welfare of mankind.

What are the various sources of Indian constitution?

The framers of the Indian Constitution, after lots of deliberations

had framed the Constitution. The features of the Indian

Constitution were adopted from different nations, but it is

important to take account of the fact that all the features mended

and molded as per the Indian requirement.

 The rule of law, single citizenship and the model of

parliamentary democracy has been adopted from the Britain.

 Independence and supremacy of judiciary, fundamental

rights are based on the U.S.A Constitution.

 The Irish Constitution showed the way for Directive

Principles, method of Presidential elections, and nomination

of members of Rajya Sabha by the President.

 The idea of a federation with strong centre and placing

residuary powers with the centre were taken from the

Canadian Constitution.

 The idea of Concurrent list was taken from the Australian

Constitution and the French Constitution inspired the

principles of liberty, equality and fraternity.

 The Government of India Act of 1935 had a great influence

on the Indian Constitution. The federal scheme, power of

federal judiciary, office of governor was drawn from this act.

This act is said to be the basis of the Indian Constitution.