Question

explain the process of framing the Indian constitution ​

Answer 1

Answer:

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Explanation:

Framing: The Constitution of India was framed by a Constituent Assembly set up under the Cabinet Mission Plan of 1946. The Assembly consisted of 389 members representing provinces (292), states (93), the Chief Commissioner Provinces (3) and Baluchistan (1).

Answer 2

Answer:

Explanation:

The Constitution of India was framed by a Constituent Assembly set up under the Cabinet Mission Plan of 1946. The Assembly consisted of 389 members representing provinces (292), states (93), the Chief Commissioner Provinces (3) and Baluchistan (1).

The Assembly held its first meeting on December 9, 1946, and elected Dr. Sachhidanand Sinha, the oldest member of the Assembly as the Provisional President. On December 11, 1946, the Assembly elected Dr Rajendra Prasad as its permanent Chairman.

The strength of the Assembly was reduced to 299 (229 representing the provinces and 70 representing the states) following withdrawal of the Muslim League members after the partition of the country.

The Constituent Assembly set up 13 committees for framing the constitution. On the basis of the reports of these committees, a draft of the Constitution was prepared by a seven-member Drafting Committee under the Chairmanship of Dr B R Ambedkar.

The drafting Constitution was published in January, 1948 and people were given eight months. After the draft was discussed by the people, the press, the provincial assemblies and the Constituent Assembly in the light of the suggestions received, the same was finally adopted on November, 26, 1949, and was signed by the President of the Assembly. Thus, it took the Constituent Assembly 2 years, 11 months and 18 days to complete the task.

The Constitution of India was not an original document. The framers of the Constitution freely borrowed the good features of other constitutions. However, while adopting those features, they made necessary modification for its suitability to the Indian conditions and avoided their defects. The Constitutions which exercised profound influence on the Indian Constitution were that of UK, USA, Ireland, Canada etc.

The parliamentary system of government, rule of law, law-making procedure and single citizenship were borrowed from the British Constitution. Independence of Judiciary, Judicial Review, Fundamental Rights and guidelines for the removal of judges of the Supreme Court and High Courts were adopted from the US Constitution. The federal system with a strong central authority was adopted from Canada.

Directive Principles of State Policy were borrowed from the Constitution of the Republic of Ireland. The idea of Concurrent List was borrowed from the Australian Constitution. The provisions relating to emergency were influenced by the Weimer Constitution.

Above all, the Government of India Act, 1935, exercised great influence of the Indian Constitution. The federal scheme, office of Governor, powers of federal judiciary, etc., were drawn from this Act. In short, the Indian Constitution incorporated the best features of several existing constitutions.

Implementing:

Though the major part of the Constitution came into force on January 26, 1950, the provisions relating to citizenship, elections, provisional parliament and temporary and transitional provisions came into force with immediate effect, viz., from November 26, 1949.

The Structure of Bureaucracy and the Police:

While guaranteeing the rights of the old services, the new Indian government envisaged the need for replacing with services controlled and manned by Indians. In fact, as early as October 1964, Sardar Patel, the then Home Member in the Governor General’s Executive Council, had secured the agreement of the Provincial Governments to the formation of the two new All India Services – the Indian Administrative Service (IAS) and the Indian Police Service (IPS), to replace the old colonial ICS and IPS.

The emergence of a free India on August 15, 1947 found the country in a deep crisis of person­nel. The new government led by Jawaharlal Nehru promptly and courageously set about the task of filling the gaps in the service

The first step in this direction was to invite applications to fill about 200 – 300 posts in the newly created Foreign Service. The applications were solicited from persons from all walks of life and the age limit was specially raised to 45 years.

In 1948, a new Recruitment Board was set up to survey the available administrative manpower in the country both inside and outside the ranks of the Permanent Services, and to select men of the right requisite standards in order to make good the deficiency in services.

With the inauguration of the Constitution of India in January 26, 1950, the Special Recruitment Board came to an end. The All India Service Act was passed by the parliament in October 1951 and the Indian Forest Service was constituted.

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