Indian Polity: Framing of Constitution

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Introduction 
This unit begins with two maps of India. The first map shows India as it emerged after independence. The second map is  a political map showing India of today. It is  for you to study both the maps and find out the difference between 'India in 1947'  and 'India in 2002' .
                     After independence the first massive task was the integration of over 500 princely states about which you have already studied in the last chapter of Unit I. It was a challenge to the government of free India. To the relief of the nation as a whole this challenge was met with satisfaction. However, creating a new India encompassing in it diversities of languages, religions and regions was indeed a Herculean task. In 1956, reorganization of states on linguistic basis became a reality. But there is a brief history of how reorganization of states on linguistic basis was mooted and achieved. Surely you would like to know about it, though very briefly.
                    Hindi was given the status of national and official language with English being retained as a link language. The Constitution enumerated a list of 15 languages (including Hindi ) . To this list three more languages have been added since then.
                     The very fact that the previous provinces were redistributed on the basis of language, shows that the government from its inception, wanted, as far as possible, to accommodate the aspirations of the people of different parts and regions.
                    Reorganization of states in 1956 was not the end in itself. Much after the reorganization of 1956, quite a few new states were carved out in view of the popular demands. These states included Gujarat, Nagaland, Haryana, Mizoram, Himachal Pradesh, Tripura and Goa. Very Recently three more states of Chhattisgarh, Jharkhand and Uttaranchal were created.
                    Now it is time again for you to look into the present political map of India. Find out the total number of states and union territories in India. The term "Union territories " may sound unfamiliar to you. About union territories you are going to read later on. But before you read about states and union territories it is very essential for you to know about the Indian Constitution. How this Constitution was framed ? How our Constitution makers with their exemplary dedication and hard work evolved this document.
                   It was on 26 January 1950 that the Indian Constitution was enforced and India was declared a 'Republic'. Since then this day is celebrated as 'Republic Day'. The Constitution was passed by the Constituent Assembly on 26 November 1949, but it came into being on 26 January 1950. Why 26 January 1950 was chosen? There is a history behind selecting this day about which you have already read in earlier chapters. In December 1929, the Congress in its Lahore session had decided to fight for Poorna Swaraj or Complete Independence and 26 January 1930 was celebrated as the Independence Day since then. That is why our leaders decided to celebrate 26 January 1950 as the day to enforce the Constitution of India which is  a symbol of India's Independence.
                  Before going into the details of the features of the Indian Constitution in the following chapter, it will be interesting to know how was this Constitution framed. Even before we read about the framing of the Constitution, would you not like to know what is a Constitution ?

Meaning of a Constitution
A Constitution signifies independence. Every independent country prepares a Constitution of its own. It lays down the basic structure of the government under which its people are to be governed. It establishes the main organs of the government -- the legislature, the executive and the judiciary. The Constitution not only defines the powers of each organ, it demarcates the responsibilities of each. It regulates the relationship between the three organs and also with the people. In short, the Constitution is a fundamental legal document according to which the government of a country functions. A Constitution is superior to all the laws of a country. Every law enacted by the governmental machinery, has to be in conformity with the Constitution, which are also called basic laws, act as the source according to which rules and regulations of governing a country are framed.
                   In a democratic country like India, the importance of the Constitution is still more significant. In a democratic government, the citizens participate in the functioning of the government, directly or indirectly. It is a government in which the government's powers are clearly spelt out. It is also a government under which citizen's rights are given clearly.. How are these limits to be placed on the activities of he government under which citizen's rights are given clearly. How are these limits to be placed on the activities of the government as well as the citizens? This is done by the Constitution . So you see the Constitution is not a mere document. It is constantly growing and evolving according to the needs, requirements and aspirations of the functioning institutions . Every Constitution gets meaning and content only from the manner in which and by the people by whom it is operated. A Constitution, thus , is a living document.

The Indian Constitution : How was it Framed? 
The Indian Constitution which stands for national goals like Democracy, socialism , Secularism and National Integration, was framed by the representatives of Indian people after a long period of debates and discussions. India became an independent country on 15 August 1947 after waging a long struggle for freedom against the British rule under the leadership of Mahatma Gandhi.
                       With the outbreak of World War II , the national struggle for freedom in India gathered momentum. The war in Europe came to an end in May 1945. In July, a new Government about which you have already studied came to power in England. The government announced its Indian Policy. His Majestys' Governments intention to convene a Constitution Making Body was announced. The British government sent three of its ministers to find a solution to the question of India's Independence. This team of ministers was called Cabinet Mission.
                   The Cabinet Mission discussed the frame work for the Constitution and laid down in some detail of the procedure to be followed by the constitution making body. Elections for the 296 seats assigned to the British- Indian provinces were completed by July-August 1946. With the independence of India, the Constituent Assembly became a fully sovereign body. The Assembly started working from the ninth-day of December 1946.
                    It was India's good fortune that when she emerged as and independent country, she had the benefit of a galaxy of outstanding leaders. Some of these leaders who were elected to the Constituent Assembly, were fully conscious about the enormity of the task before them. Their farsightedness and visionary statesmanship found expression in the Constitution which is the supreme law of the land. Great men and women from different communities were entrusted with the momentous task of drafting the Constitution of free India. They came to the Constituent Assembly from all parts of the country, making it a miniature India.
                   The Constituent Assembly had members belonging to different communities and regions of India. It also had members representing different political parties. Jawaharlal Nehru, Rajendra Prasad , Sardar Patel, Maulana Abul Kalam Azad, Shyama Prasad Mookerji, Sardar Baldev Singh were some of the important leaders who guided the discussion in the Assembly. There were more than 30 members from scheduled castes as well. Anglo-Indian community was represented by frank anthony while Parsis were represented by H.P.Modi. Constitutional experts like Alladi Krishnaswamy Aiyar, B.R. Ambedkar, K.M.Munshi were also members of the Assembly. Sarojini Naidu and Vijaylakshmi Pandit were important women members.
                  Rajendra Prasad was elected President of Constituent Assembly. A Drafting Committee was appointed to draft the Constitution. B.R.Ambedkar was appointed the Chairman of the Drafting Committee.
                 The Constituent Assembly met for 166 days spread over a period of 2 years , 11 months and 18 days. By the time the Constitution was adopted on 26 November 1949, the distinguished members of the Assembly had discussed threadbare each and every one of its provisions. The Constitution had incorporated some of the salient features of the British, Irish, French and the American Constitutions.
                    Though, the Constituent Assembly was not directly elected by the people, its sessions were open to the press and the people. The views and the opinions of the people were also expressed freely in the newspapers. The Constitution, thus incorporated in itself the views and opinions of the people of India.
                     The Constitution was passed by the Assembly on 26 November 1949. It came into being on 26 January 1950. Do you remember why this date was chosen? Move backward to the beginning of this chapter and read about the Lahore Session and Poorna Swaraj and you will remember.
                The underlying philosophy of the Constitution was set out by Jawaharlal Nehru in his Objectives Resolution.
              The Preamble to the Indian Constitution about which you are going to read in the next chapter , incorporates this underlying philoshophy . The wordings of the Preamble highlight some of the fundamental and noblest values and guiding principles on which the Indian Constitution is based .



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