What kind of understanding did the two communities come to prior to the drafting of the Constitution?
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Answer:
On 21st February 1948, the Drafting Committee submitted the Draft Constitution of India to the President of the Constituent Assembly. Fourth months earlier, the Committee had received a Draft Constitution prepared by the Assembly’s constitutional adviser – B.N. Rau. Rau’s Draft reflected the decisions taken by the Assembly on the reports of various Committees that were tasked with drawing up constitutional provisions on specific parts of the Constitution. The Drafting Committee, between October 1947 and February 1948, scrutinised, tweaked and added to Rau’s Draft and what emerged from this process was the Draft Constitution of India, 1948 (henceforth ‘Draft’).
The Draft consisted of 315 articles – organised around eighteen ‘Parts’, and eight 'Schedules'. It touched upon a range of topics that one would expect in a constitutional document that included the structure of government, rights and centre-state relations. Wherever the Draft moved significantly away from B.N Rau’s Draft, or there was controversy or lack of clarity on some provision, the Drafting Committee placed footnotes and brief explanations in the document.
It is important to note that this Draft was the first blueprint of the Indian Constitution that was publicly available. It was widely circulated to members of the Assembly, provincial governments, central ministries, the Supreme Court and High Courts, and the general public along with an invitation to provide feedback and suggestions. In March and October 1948, the Drafting Committee reviewed and took decisions on comments it received and prepared amendments.
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