Class 12 history chapter 15 notes, Framing the constitution notes

Framing the constitution notes: Class 12 history chapter 15 notes

ClassClass 12
ChapterChapter 15
Chapter NameFraming the constitution notes
CategoryHistory Notes

Class 12 history chapter 15 notes, Framing the constitution notes In this chapter we will read in detail about the history of the Indian Constitution.

What is Constitution?

🔹 A constitution means a document having a special legal sanctity which sets out the frame work and principal functions of the government, Constitution of a country gives idea about basic structure of the political system under which its people are to be governed.

🔹 It defines the powers of the main organs of the state, demarcates their responsibilities and regulates their relationships which each other and with the people. It can also be termed as “Fundamental Law” of a country which reflects people’s faith and aspirations.

Indian Constitution : –

🔹 The Constitution of India was framed between December 1946 and November 1949. The Assembly held 11 sessions and 165 sittings, and discussed each clause of the draft Constitution prepared by various committees.

🔹 The Constitution was adopted on 26 November 1949, and came into effect on 26 January 1950. It is the longest written Constitution in the world, ( original Constitution ) containing 395 articles, 22 parts, and 12 schedules.

🔹 There is a provision to amend the Indian Constitution from time to time as per requirement. At present the Indian Constitution has 448 articles and 12 schedules and these are 25 parts.

🔹 The articles are divided into 25 parts, covering various topics such as fundamental rights, directive principles, citizenship, emergency provisions, official languages, etc.

🔹 The Indian Constitution was prepared in approximately 2 years, 11 months and 18 days. And approximately 64 lakh rupees was spent to build it.

Objectives of the Constitution of India : –

🔹 The objectives of the constitution were outlined in the objective Resolution moved by Pt. Jawaharlal Nehru and adopted by the constituent Assembly on January 22, 1947. The main principles outlined in the resolution were:

  • Resolve to proclaim India as an Independent sovereign republic.
  • To establish a democratic Union with an equal level of self government for all the constituent parts.
  • All power and authority of the union government and governments of the constituent parts are derived from the people.
  • To guarantee and secure to all people of India. Justice, Social, Economic and Political.
  • equality of status, of opportunity and before law.
  • freedom of thought, expression, belief, faith, worship, vocation association and action.
  • Adequate safeguards for minorities backward and tribal areas and depressed and other backward classes.
  • To maintain the integrity of the territory of the Republic and its sovereign rights on land, sea, and air according to justice and law of civilized nations.
  • To secure for India its rightful and honoured place in the world.
  • To contribute to the promotion of world peace and the welfare of mankind. These objectives incorporated in the Preamble of the constitution.

Features of the Indian Constitution : –

🔹 The Bulkiest constitution of the world. The constitution, originally consisting of 395 articles, now consists of 448 Articles divided into 25 parts and 12 schedules. The main factors that led to the constitution being bulky were:

  • Incorporation of good provisions of the constitutions of other countries to avoid future loopholes.
  • Absence of separates constitutions for the states and provision of both central and state structure in the constitution.
  • Incorporation of Fundamental Rights, Fundamental Duties and Directive Principles of State Policy.
  • Provisions regarding peculiar problems facing the country, such as problem of scheduled cases and scheduled tribes, backward classes, official languages etc.
  • Inclusion of emergency provisions in the constitution for the protection of the interests of the country and the people.
  • Detailed provisions regarding the organization of the judiciary, the services, election and other transitory provision.
  • Codification of details regarding centre, state relations to eliminate future conflicts.
  • Enumeration of central practices, which in other countries operate on the basis of conventions.

A Tumultuous Time : –

🔹 The years immediately preceding the making of the Constitution had been exceptionally tumultuous. This was a time of great hope, but also of abject disappointment.

🔸 Period of movements : –

🔹 Fresh in popular memory were the Quit India movement of 1942, efforts of Azad Hind Fauz, the rising of the Royal Indian. Navy in 1946, mass protests of workers and peasants in different parts of the country were symbols of great hope but the communal riots between Hindus and Muslims and Partition of country were of abject disappointment.

Problems did India face at the time of its Independence : –

🔸 Partition of India ( Problem of Refugees ) : – There was an atmosphere of joy and hope on Independence Day 15 August 1947. But this was an unforgettable moment for innumerable Muslims and Hindus and Sikhs who lived in Pakistan. Millions of refugees moved from one place to another. Muslims were moving towards East and West Pakistan and Hindus and Sikhs were moving towards West Bengal and the Eastern part of Punjab. Many of them died before they reached their destination and those who survived had to be rehabilitated.

🔸 Problem of Local Kingdoms : – There was another serious problem in front of the country and that was the problem of local kingdoms. During the British rule, almost one-third part of the country was under the control of those nawabs and maharajas who owed allegiance to the British crown. They had the freedom to run their territory as they wished. When the British left India, the constitutional status of these nawabs and maharajas remained ambiguous. Few of these maharajas were dreaming of independent power in divided India. Indian freedom was incomplete without taking these states into the Union of India.

The making of the Constituent Assembly : –

🔹 The Constituent Assembly was formed in 1946 based on the Cabinet Mission Plan, which provided for the representation of both British India and Princely States.

🔹 The Muslim League chose to Muslim League boycotted it and demanded a separate Constituent Assembly for Pakistan, making it effectively a one-party show as 82 per cent of the members of the Assembly were members of the Congress Party.

🔹 The total membership of the Constituent Assembly was 389, of which 292 were from British India and 93 were from Princely States.

Election Of Members Of The Constituent Assembly:

🔹 The members of the Constituent Assembly were not elected on the basis of universal franchise but on the basis of provincial elections. In 1945-46, the first provincial elections were held in the country and after this the provincial MPs selected the members of the Constituent Assembly.

🔹 In the provincial constituencies of 1946, Congress had achieved a massive victory in the general constituencies. Therefore, Congress was in an influential position in the new Constituent Assembly. About 82 percent members belonged to the Congress Party.

Total Members And Most Important Members In The Constituent Assembly : –

🔹 The Constituent Assembly had 300 members in all. Of these, six Members played particularly important roles. Three were representatives of the Congress, namely, Jawaharlal Nehru, Vallabh Bhai Patel and Rajendra Prasad, Besides this, a very important member of the Assembly was the lawyer B R. Ambedkar, K.M. Munshi and Alladi Krishnaswamy Aiyar.

🔹 Two civil servants too were part of the constituent assembly. One was B, N. Rau, Constitutional Advisor to the Government of India. The other was the Chief Draughtsman, S. N. Mukherjee.

Discussions In The Constituent Assembly : –

🔹 The discussions in the constituent assembly were publicized through newspaper, radio and other means of publicity. The discussions within the Constituent Assembly were also influenced by the opinions expressed by the public. As the deliberations continued, the arguments were reported in newspapers, and the proposals were publicly debated.

🔹 Criticisms and counter-criticisms in the press in turn shaped the nature of the consensus that was ultimately reached on specific issues. In order to create a sense of collective participation the public was also asked for submissions.

Demands of low-caste people and linguistic minorities at the time of making the Indian Constitution : –

🔹 The low-caste people demanded an end to ill- treatment by the upper-caste people. They also demanded reservation of separate seats, on the basis of their population, in legislatures, government departments, and local bodies.

🔹 The linguistic minorities demanded freedom of speech in their respective mother-tongue. They also demanded redistribution of provinces on linguistic basis.

Six leaders who played an important role in the Constituent Assembly : –

  • Pt. Jawaharlal Nehru
  • Sardar Vallabhbhai Patel
  • Dr. Rajendra Prasad
  • Dr. B.R. Ambedkar
  • K.M. Munshi
  • Alladi Krishnaswami Aiyar

Thoughts Of The Six Most Important Members Of The Constituent Assembly And Their Roles : –

🔸 (1) Jawahar Lal Nehru : – ‘“Objectives Resolution’ presented by Jawahar Lal Nehru. He also proposed that the National Flag of India be a “horizontal tricolour of saffron, white and dark green in equal proportion”, with a wheel in navy blue at the centre.

🔸 (2) Sardar Vallabhbhai Patel : – Patel, on the other hand, worked mostly behind the scenes, playing a key role in the drafting of several reports, and working to reconcile opposing points of view.

🔸 (3) Rajendra Prasad’s : – Rajendra Prasad’s role was as President of the Assembly, where he had to steer the discussion along constructive lines while making sure all members had a chance to speak.

🔸 (4) Dr. B. R. Ambedkar : – He served as the Chairman of the Drafting Committee of the Constitution. And Ambedkar himself had the responsibility of guiding the Draft Constitution through the Assembly.

🔸 (5) B. N. Rau : – B. N. Rau, Constitutional Advisor to the Government of India, who prepared a series of background papers based on a close study of the political systems obtaining in other countries.

🔸 (6) S. N. Mukherjee : – S. N. Mukherjee, who had the ability to put complex proposals in clear legal language.

Objectives Resolution : –

🔹 On 13 December 1946, Jawaharlal Nehru introduced the “Objectives Resolution” in the Constituent Assembly. It proclaimed India to be an “Independent Sovereign Republic”, guaranteed its citizens justice, equality and freedom, and assured that “adequate safeguards shall be provided for minorities, backward and tribal areas, and Depressed and Other Backward Classes.

The main ideals of Objectives Resolution : –

  • To declare India as a sovereign, independent republic and a union of states
  • To ensure justice, equality, freedom, and rights for all the people of India
  • To protect the interests of minorities, backward and tribal communities, and other disadvantaged groups
  • To uphold the territorial integrity and sovereignty of India and contribute to world peace and welfare
  • To derive the powers and authority of the constitution and the government from the people

Speech Of Jawaharlal Nehru : –

🔹 Pt. Nehru suggested that the blueprint of our democracy had to be decided through deliberations. Ideals and provisions of the constitution introduced in India could not be just derived from elsewhere.

🔹 Nehru said that “In any event and whatever system of government we may establish here, it must fit in with the temper of our people and be acceptable to them.”

🔹 The Objective of the Indian Constitution was to fuse the liberal ideas of democracy with the socialist ideas of economic justice and rework all the ideas within the Indian framework.

The will of the people : –

🔹 Somnath Lahiri, a communist member, felt that the Constituent Assembly was made according to the British plans as the British would like it. An interim administration headed by Nehru was in place, but could operate under the directions of the Viceroy and the British Government in London.

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