Question

The Constituent Assembly of India was an amalgamation of the people from different socio political,
cultural and linguistic backgrounds. Why was it necessary to have such diversity in the process of
making of a Constitution?​

Answer 1

Answer:

Comparative experience demonstrates a range of processes to draft and adopt a new constitution. The choice is often informed by the context and constitutional tradition of the polity, the desire for public involvement in constitution-making and considerations of legitimacy. International involvement can also influence these choices. In a small but significant number of cases, courts have played a key role in the otherwise political processes of constitution-making.

Questions of constitutional design cover decisions about:

the form of the state, covering unitary, federal or decentralised arrangements;

the form of government, covering the institutions of government and separation of powers; and

the relationship between the people and the state, including constitutional rights and mechanisms to recognise and protect Indigenous peoples and minority groups.

Constitutions are not produced in isolation. Rather, they draw on the form, texts and experiences of other constitutional systems of the world. As such, constitution-making is an application of comparative constitutional law. Comparative insights into both the substance of constitutional arrangements and the process of constitution-making are critical to theoretical understandings of constitution-making. A nuanced and sensitive understanding of the benefits and limitations of comparative experience is also important for practitioners and international advisors engaged in constitution-making.

The Network’s work in this area seeks to assist practitioners to understand the range of options available and to evaluate them in light of the specific context in which they work. At a theoretical level, we seek to develop an explanation for the role of comparativism in constitutional transformation.

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