CONSTITUIONAL DEVELOPMENT PART-II

THE NEHRU REPORT-1928

  1. The Nehru Report was a memorandum outlining a proposed new dominion status constitution of India
  2. The Nehru Report was prepared by a committee of all party’s conference chaired by Motilal Nehru in Delhi
  3. The constitution outlined by Nehru’s report was for India enjoying the dominion status within the British commonwealth
  4. Some of the important elements
  5. It contained a bill of rights
  6. All power of government and all authority legislative, executive and judicial are derived from the people and the same shall be exercised by or under and in accord with this constitution
  7. There shall be no state region, men and women shall have equal rights as citizens
  8. There should be a federal form of government with residuary power vested in the center
  9. It included a suggestion that the provinces should be linguistically determined
  10. It did not provide for separate electorates for any community or weightage for minorities

GOVERNMENT OF INDIA ACT-1935

  • This act was passed after three round table conferences held in London
  • The provision of this act was
  •  The act provided for the establishment of all India federation consisting of the provinces and the princely states as the units
  • The act divided the powers between the center and the provinces in terms of three lists namely the federal list, the provincial list, and the concurrent list
  • The federal list for the center consisted of 59 items, the provisional list for the provinces consisting of 54 items, and the concurrent list for both consisted of 36 items
  • The concurrent list for both consisted of 36 items, the residuary power was vested in the governor-general
  • The act abolished the diarchy in the provinces and induced provincial autonomy
  • It provided for the adoption of dyarchy in the center
  • It introduced bicameralism in 6 out of 1 province, theses 6 provinces were Assam, Bengal, Bombay, Bihar, Madras, and the united provinces
  • It provided for the establishment of the reserve bank of India also provided for the establishment of federal public sector commission and the provincial public service commission

AUGUST OFFER-1940

  • On the 8th of august,1940 the viceroy of India Lord Linlithgow made the offer which generally is called the august offer

The following proposals were put forward by him

  • After the war, a representative Indian body would be set-up to frame a constitution of India
  • Viceroy’s executive council would be expanded without delay
  • The minorities were assumed that the government would not transfer power “to any system of government whose authority is directly denied by large and powerful elements in Indian national life”

CRIPPS MISSION-1942

  • In March 1942 sir Stanford Cripps, a member of the British cabinet came with a draft declaration of the proposals of the British government
  • These proposals were to be adopted at the end of the 2nd world war provided the congress and the Muslim League would accept them

They were

  • The constitution of India was to be framed by an elected constitutional assembly by the people of the Indian people
  • The constitution should be one Indian union comprising of all the provinces and Indian states
  • Any province not accepting the constitution would be free to retain its constitutional position existing at that time with such a non-accepting province British government could enter into separate constitutional arrangements

THE CABINENT MISSION-1946

  1. British prime minister Clement Attlee formulated a cabinet mission to India to discuss and finalize plans for the transfer of power from the British Raj to Indian leadership as well as to provide India with independence under the dominion status in the commonwealth of the nations
  2. In March 1946, lord Attlee sent a cabinet mission to India consisting of three cabinet ministers, namely lord pethic Lawrence, sir Stanford Cripps, Mr. AV alexander. The mission discusses the framework of the constitution and laid down in some details followed by the rafting company
  3. The cabinet mission are as follows
  4. The cabinet mission rejected the claim for a sperate constitution assembly and a separate electoral for the Muslims
  5. According to which, there was to be a union of India, comprising both British India and the princely states having jurisdiction over the subjects of India and foreign affairs
  6. Defense, communication, and residuary power was vested in the and provincial states
  7. The union was to have an executive and a legislature consisting of the representative of the provincial states
  8. Any decision involving a major communal issue in the legislature was to require majority support of the representatives of each of the two major communities present and voting
  9. The provinces could form groups with the executives and the legislatures and each group could competently top determine the provincial subjects

MOUNTBATTEN PLAN-1947

  1. It was proposed by the British government on 3rd October 1947, that included
  2. Implicit right to secede from the British commonwealth
  3. The principle of partition of India was accepted by the British government
  4. Successor governments would be given dominion status
  5. The Indian independent act 1947 was the implementation of the 3rd June plan

THE INDIAN INDEPENDENCE ACT-1947

  1. The Indian independence act came with into force on 18th July 1947 divided British Indian territory into two states India and Pakistan which were to be domains under the commonwealth of nations until the constitution came into effect
  2. To democrat boundary line between India and Pakistan, a commission was constituted under the chairmanship of Sir Cyril Radcliff
  3. The act abolished the office of the viceroy and provided for each domain a governor-general
  4. Lord Mountbatten became the first governor-general of India, later handed over to C. Rajendran

FRAMING OF THE CONSTIITUTION OF INDIA:

  1. The idea of constitution assembly for India was formed by MN Roy in 1934
  2. The demand for the constituent assembly was first accepted by the British in the august offer, it was in the cripp’s mission that the British accepted for the constitution assemble to be of entirely Indians
  3. The constitution assembly was set up in November 1946 and the cabinet mission plan of 1946. the election to the constitutional assembly was indirect
  4. There was a total of 389 members in the constituent assembly of which 296 were elected by the members of the provincial assemblies and the rest were nominated by the princely states
  5. After the partition, the strength of the constituent assembly was reduced to 299, its first meeting was held on the 9th of December in 1946 with Satchidananda Sinha as the interim president
  6. On the 11th of December, 1946, Dr. Rajendra Prasad was elected as the president of the constitution assembly objective resolution was moved by Jawaharlal Nehru
  7. The drafting committee took 2yrs 11 months and 18days to be completed its historical task of drafting the constitution for the independence of India
  8. On 26th November 1949, the people of India throughout the constitution assembly adopted enacted and gave themselves the constitution for independent India
  9. The constitution was finally signed by the members of the constitutional assembly on 24th of January 1950, which was the last date of the assembly
  10. The constitution came into full operation with effect from 26th January 1950
  11. When the constitution of India came into force on 26th January 1950, it repeated the Indian independence act India ceased to be a domain of the British crown and became a sovereign, democratic, and republic. According to article 394, provisions relating to the citizenship, elections, provisional parliament and temporary and translation provincial’s parliament and temporary of article 5,6,7,8,9,60,24,324,366,367,379,380,388,391,392,393 came into force to the day of adoption of the constitution came into being on the day of commencement of the constitution

PHASES OF THE CONSTITUTION ASSEMBLY

  1. The first phase- as constitution assembly under the limitations of cabinet mission plan from the 6th September 1946 to 14th august 1947
  2. The second phase– as a constitutional assembly, a sovereign body provisional parliament from the 15th August 1947 to 26th November 1949
  3. The third phase- as a provisional parliament from the 27th November 1949 to March 1952

Other functions performed by the constituent assembly

  • It adopted the national flag on 22nd July 1947
  • Its ratified India’s membership of commonwealth in May 1949
  • It adopted the national anthem and national song on the 24th of January 1950
  • It ratified India’s membership of the commonwealth in May 1949
  • It elected DR Rajendra prasad as the first president of India on 24th of January 1950

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